Nnamdi Azikiwe University Journal of International Law and Jurisprudence

The Primary Purpose of Government in Nigeria: A Legal Survey

2022-10-01T10:49:47+00:00

Section 14(2) (b) of the Constitution of the Federal Republic of Nigeria 1999 declares that the security and welfare of the people shall be the primary purpose of government. In this declaration, the security and welfare of the people are conjunctively presented as a sole purpose. Accordingly, the primary purpose of government is seen as one but it has two interwoven limbs, namely: the security of the people and the welfare of the people. Notably, the deployment of the adjective “primary” in the said constitutional declaration suggests that the security and welfare of the people shall be the main or principal purpose of government in Nigeria. Failure of the government in this primary purpose will give birth to, if not tantamount to failure of the government in every other purpose because without the accomplishment of the primary purpose, the accomplishment of every other purpose of government shall be baseless, meaningless, hindered or frustrated. This paper evaluates the security and welfare of the people in Nigeria. The researcher found inter alia that the government has not prospered but has rather regrettably staggered or faltered in this principal purpose and this has given birth to several serious stumbling blocks in Nigeria including violence, insurgence, banditry, kidnapping, religious intolerance, and increase in crime rate. It is the researcher’s conclusion that security and welfare of the people as the primary purpose of government requires more than having many laws, many law enforcement agencies security agencies and or providing the basic amenities; the accomplishment of that purpose extends to taking prompt and strict measures against factors or things that undermine the welfare of people and trigger insecurity or criminalities. It is herein recommended inter alia that Nigeria should control her national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.

Joinder of Third Parties in Arbitration Proceedings under Nigerian Law

2022-10-01T10:51:48+00:00

Joining a third party to arbitration proceedings is a subject worth careful consideration because arbitration, as a mechanism for resolving commercial disputes, is founded on party autonomy. Although joinder of third parties could enhance procedural efficiency and encourage consistency in decision-making, it is important that such step is taken in line with applicable laws and rules. This paper seeks to assess the Nigerian law position on joinder of third parties to existing arbitration proceedings governed or administered in accordance with Nigerian law, particularly the Arbitration and Conciliation Act 1988 and its corresponding procedural rules.

Appraisal of the Implications of the Administration and Collection of VAT by States Governments on the Economy of Nigeria

2022-10-01T10:53:56+00:00

The taxing system of a State has a direct impact on her economy. On the other hand economic activities are indices for national development and growth. Taxation therefore is a means by which a state guarantees her sustainable revenue for sustainable development. The aim of this paper is to appraise the implications of administration and collection of Value Added Tax (VAT) by the States governments of Nigeria on the national economy. The study will review the historical context of VAT and the contemporary contentions between some States of the Federation and the federal government on the administration, collection, and sharing of VAT revenue funds. The research methodology applicable in this study is doctrinal method of research. The work discovered the constitutional lacunae over the jurisdiction on VAT administration and collection and further observed the negative impacts and implications on the economy of Nigeria in the case that States’ governments are bequeathed with jurisdiction over VAT administration. It therefore recommended among others; an explicit vesting of VAT administration on the Federal Government in her Constitution with a proviso aimed at addressing the present inequality in sharing VAT generated funds among the federating states as a way of dousing the present contest between the federal government and some states of the federation over the jurisdiction on VAT administration and collection.

Appraisal of the Legal Framework for Resolution of Bank Customer Complaints in Nigeria

2022-10-01T10:55:53+00:00

Banks have commonly been at the forefront of harnessing technology to improve their products and services because of the diversity of their customers as well as the sophisticated nature of their business. They have been using electronic and telecommunication networks to deliver a wide range of value added products and services. Despite the legislative developments in the area, the Nigeria banking industry is characterized by consumer exploitation. This includes unrealistic and hidden charges, unjustifiable deductions, Automated Teller Machine (ATM) deductions without dispensing cash to the customer, slow complaint handling and redress mechanisms etc. The researchers examined the legal framework for resolution of bank customer complaints in Nigeria. The research adopted the doctrinal methodology with a mixture of comparative, analytical and historical approach which was used to evaluate different resolution options available to a bank customer. The sources of data include both the primary and secondary sources. The major sources of data include legislations, case laws and subsidiary legislation made by the Central Bank of Nigeria. The CBN Consumer Protection Regulation failed to state the timeline within which complaints escalated to the CBN Consumer Protection Department may be resolved. The researchers recommended among others that the CBN Consumer Protection Regulation 2019, be amended to include a timeline for CBN Consumer Protection Department to resolve consumer complaints. The research also recommended the amendment of the CBN Consumer Protection Regulation 2019 by removing the Second Level Internal Review of consumer complaints by banks as same amounts to a waste of time and delay in justice delivery.

The Possibility of Imposing Enforceable Legal Duty on the Board with Respect to the Interests of Non-Shareholding Stakeholder Groups

2022-10-01T10:57:48+00:00

As one of the well organised institutions of the modern society, big companies have the capacity to contribute immensely to a better, ethical and saner society. They can, as well, contribute towards the advancement and development of the society especially through their corporate policies. This they can do by being broad-minded and integrative of the interests, welfare and wellbeing of not only their shareholders but those of other non-shareholding stakeholders. Whether a company may be concerned about its social and ethical responsibilities depends on a number of issues including the corporate law or legislation in place in the jurisdiction concerned. Currently in Nigeria, companies are not duty-bound to be stakeholder or pluralist-oriented. This article sets out to see whether the companies can be mandated to discharge wider responsibilities by the instrument of the law, that is, by the imposition of statutory or legal duty on them to do so. The article does this by employing doctrinal research method. The work finds out that most companies in Nigeria are pre-occupied with shareholder wealth maximisation. In order for there to be a significant shift away from this shareholder primacy approach, there ought to be a combination of the imposition of certain legal duties on the board to do so, as well as the institutionalisation of stakeholder-oriented corporate governance and through active sensitisation and re-orientation of the board – which is widely viewed as the ‘corporate conscience - on the need to do so.

Assessing the Legal Framework for the Realization of Environmental Democracy in Nigeria

2022-10-01T10:59:57+00:00

Environmental democracy reflects the growing recognition that environmental issues must be tackled by all those affected by their effect, and not just by governments, corporate and industrial sectors. The environment and its natural resources play a significant part in guaranteering a secure, healthy and productive life for the international community. Thus, the rising concern for the environment has compelled citizens of different nations to demand for increased opportunities to be involved in the decisions that will affect the quality of their lives and their environment. This concern has been at the vanguard (frontline) of the international environmental governance discourse and it is believed to be a channel of making environmental governance issues more public-participatory and the government more transparent, effective and accountable in its environmental decision-making processes. This paper, which adopted the doctrinal research methodology, assesses the concept of environmental democracy in the light of the existing legal framework on the realization and promotion of the enjoyment of environmental democracy by the Nigerian people. It traces the legal foundations of environmental democratic rights in the international environmental governance discourse as well as its status within the Nigerian environmental governance legal framework. To achieve its aim, the paper is divided into four sections starting with the introduction. Section two x-rays the importance of environmental democracy. Section three examines the legal framework for environmental democracy in Nigeria, while the paper concludes in section four with recommendations.

Re- Examining the Concept of a Valid will in Nigeria

2022-10-01T11:02:54+00:00

A will is a legal document executed by a testator, expressing his or her wishes as regards the means by which his or her property is to be distributed upon their demise, they are often required to name one or more persons (the executor), to manage the estate pending its final distribution. A deceased person may choose to leave a gift for people outside his relation or for charity in his will but this might not be possible if such deceased person did not leave a will. In making of a will, certain problems may arise most especially if the will was drafted by a non-lawyer, the testator may fail to sign the will, the person who drafted the will may handwrite only certain portions of the will or may fail to have witnesses as required by law even when witnesses are present they may be persons who by law should not attest to the will such persons include any beneficiary of the will. A will is like an umbrella, it covers all kinds of property, imaginable and unimaginable assets such as copyright, patent, and right to trade mark, movable and immovable property. This aim of this paper is to re- examine the importance of a will and the ingredients that must be present before a valid will can be birthed. This paper further re- examines the elements for a valid will, the procedures for its execution, amendment and revocation in Nigeria. This study adopts a doctrinal method of research in x-raying the concept of a will. This paper advocates the need for individuals to draft a will especially individuals in polygamous families, as will reduces the incidence of conflict which arises when sharing a deceased person’s estate among family members.

Contemporary Issues on Reproductive and Sexual Health Vis-À-Vis the Rights of Women in Nigeria

2022-10-01T11:04:28+00:00

Sexual and Reproductive Health Rights (SRHR) of women is the state of the physiological wellness of the female organs for sexual intercourse, conception and childbirth which are naturally endowed and could be legally protected. However, there are perennial bottlenecks to effective legal regimes in Nigeria to spearhead this. Sequel to these cankerworms, the aim of this article and the major objective, was to analyze the contemporary issues in the reproductive and sexual health of women vis-à-vis their rights in Nigeria. The research methodology was doctrinal approach, using expository and analytical research design. It was observed that some Nigerian laws are inimical to women’s reproductive rights; also most illnesses among women of 15 to 40years old in Nigeria are related to pregnancy, abortion, childbirth, reproductive tract infections, HIV/AIDS, domestic sexual violence and other culturally associated issues. The main sources of data collection were various legal literatures, both from the physical library and the e-library. Therefore, it was recommended among others that Nigerian legislators and the judiciary should adopt the sound principles and related provisions in foreign jurisdictions to advance women’s sexual and reproductive rights. Finally, this article was made to be significant to all stakeholders in human right and feminism.

Intellectual Property Rights as a Key Driver in Climate Change Mitigation

2022-10-01T11:06:29+00:00

One might initially question what role intellectual property rights (IPRs) play with regards to mitigating global climate change. Unquestionably, one of the most important issues of the modern era is the struggle against climate change. In light of the significant effects that climate change is having on everyone on the planet, traditional intellectual property techniques need to be completely rethought in other to mitigate the climate change crisis. IPRs, however, impede access to climate change mitigation technology, particularly in developing nations. As a result, there is a significant discussion about the necessity to change IPR-related legislation in order to remove barriers to global technology transfer. This article examined the complex relationship between IP rights and climate change through technologically based emissions reductions and with reference to pertinent technologies for climate change mitigation. The author opined that, mechanisms for protecting intellectual property rights can be crucial in the ongoing efforts to deal with and mitigate climate change on a national and international level. This would be accomplished by granting intellectual property rights a technology-based reductions in emissions and with reference to sustainable development laws.

The Legal Framework for Persons Living with HIV and Other Disabilities in Nigeria: An Appraisal

2022-10-01T11:08:24+00:00

Disability is a world-wide phenomenon that has no boundary and cuts across countries, sex, age, religion, race, social status, economic and political positions. Its prevalence and incidence in the contemporary world are high and worrisome. It is estimated that there are more than 2 billion physically challenged people world-wide and majority are from developing countries. The Nigerian National Assembly in 2013 estimated that there are over 20 million people living with disability in the country. However, this number has increased with a wide margin because, according to the Center for Disability and Development Innovations, the approximate number of disabled people in the country is 25 million. The United Nations (UN) projected that in every ten people in Nigeria, one person is suffering from one type of disability or the other. It is also reported that out of every 10 persons with disability in the country, 9 live below the poverty level. Frequent and fatal road accidents that cause serious injuries that lead to stroke, paralysis, and mental illness as well as the continuous threat and suffering from infectious diseases, such as HIV AIDS, meningitis, tuberculosis, small pox, polio, and the emergence and suffering from chronic diseases that include blindness, stroke, cardiovascular diseases, hypertension, diabetes and cancer among others, are responsible for the ever increasing disabilities that millions of Nigerians suffer from. It is evident that, compared to non-disabled persons, people with disability have lesser legal protection and live in extreme poverty and poor health, as well as poor educational achievement and are rarely involved in social, cultural and political participation. This paper will look at the legal framework that protects people living with physical and health disabilities with particular reference to HIV/AIDS and make recommendations among others that there should be a National Commission solely placed with the welfare obligation of disabled persons and people living with HIV.

Justifying the Requirement of Consent under the Land Use Act: A Historical and Equitable Perspective

2022-10-01T11:11:12+00:00

In Nigeria, there are several laws that regulate land tenure, but the Land Use Act of 1978 is the principal legislation that governs the use and administration of land. Since its promulgation on March 29th 1978, it has generated a lot of controversies both in juristic and academic circles, more so, as it brought about many innovations in the use and enjoyment of land. One of the controversial provisions of the Land Use Act has to do with the requirement for the Governor’s Consent first had and obtained before the alienation of interests in land. Majority of persons have argued that the said provision constitutes a clog in the wheel of commercial transactions and economic development. It has to be presumed that the framers of the Act, while making the Act, had the benefit of the country as a corporate entity and the good of the citizens as the constituents of the corporate entity at heart. This, at least, may be inferred from the language of the Preamble to the Act. In the light of this presumption, this work undertook a critical examination of the consent policy from a historical and equitable perspective. The work found that the policy is predicated on the need for the Governor to be in control of the land which has been vested in him by virtue of section 1 of the Land Use Act and has its origin from the requirement to obtain the consent of the family head before alienation in communal land holding. The work also found that the consent provision is not the problem but the implementation of same. In response, the study proposes an improvement of the implementation regime.

Life for Life or Life for Less: Voices against the Death Penalty?

2022-10-01T11:12:45+00:00

In this age, there is a growing sentiment to protect human rights in broad ramifications across the globe. A major sign of this deepening interest is the emerging consensus for the unrestricted demand for the protection of right to life, championed by the United Nations and supported by its numerous affiliate organizations and groups. It has even extended to the point of seeking total abolition of the death penalty without recourse to the gravity of offences involved and the consequences of a loose society. Granted that there have been, and are likely to continue, errors in the strict application of death penalty as a result of human fallibility, it cannot be denied that there are clear cases where capital offenders can be identified and the imposition of capital punishment justified. Essentially therefore, the pressure for unconditional abolition of death penalty does not appear to be fair, considering the danger inherent in granting heinous criminals a clear coast to carry out their nefarious activities. This article applied the analytical method of research to dig into the criticisms of death penalty, and the possible effects of allowing unrepentant criminals the open access to their acts against society. In addition, it assessed the value of the lives of capital punishment victims in comparison to those of the culprits who are subtly protected through the clamour for right to life as the ultimate human right. The study found that under cover of avoiding mistakes and discouraging arbitrary executions, society is on the verge of sacrificing victims of capital offences for lives of culprits in a bid to apply a lopsided human right to life. The study therefore recommended, inter alia, that the death penalty debate be reviewed in this age with some more dispassionate considerations to strike a balance between the harm done to the victims and the error intended to be averted.

Reflections on the Extant Finance Act on Administration of Personal Income Tax in Nigeria

2022-10-01T11:14:54+00:00

The current paper reflects on the rationale behind several initiatives sustained so far by stakeholders to review the personal income tax in Nigeria to attain international best practices. The supposed crescendo of the initiatives was attained recently when President Muhammadu Buhari assented to the Finance Bill into law, now known and referred to as the Finance Act, on 13th January, 2020. The new law seems to have brought along some notable changes in the administration of the Personal Income Tax (PIT) in Nigeria. Prior to the emergence of the new legislation, agitations for the review of the then PIT law were indeed striving., Thus with the unveiling of the new Act, experts have asserted that a new vista has been opened to promote fiscal equity in PIT by mitigating regressive taxation with its effect on reform of domestic income tax laws. It is also envisioned that the new Act shall align PIT laws with global best practices as well as introduce tax incentives for investments in the private sector driven economy. However, some stakeholders, and a vocal size too, have been of the opinion that the Finance Act has not only failed to address the pre-existing nagging issues in PIT laws such as double and multiple taxation, fate of non-filers and retention of some other wise abrogated PIT laws, among others. Thus, in that light, the current paper is thus, an academic contribution to firstly recapture the pre-Finance Act era coupled with the expectations of the new law on the administration of PIT in Nigeria and to highlight on the other hand, the challenges still trailing it’s inauguration with a resolve to forging a way forward.

Removal of Petrol Subsidy: Legal Implications for the Nigerian Economy

2022-10-01T11:17:11+00:00

Nigeria is the biggest producer of crude oil in African, however it is so sad that we still import about 70% of petrol and have faced the problem of removal of petrol subsidy over the years, with most of our domestic refineries down and existing ones barely functioning. This problems can be linked to corruption, bad leadership and mismanagement of funds in continuous existence over the years with several ineffective measures put in place to curb them. Reforms concerning the removal of fuel subsidy in Nigeria have never been welcomed with open arms because of the tremendous effect it leaves on the nation and most especially the people who make up the nation. Although there are speculations by the federal government that the removal of the petrol subsidy will do the nation better than harm saving the nation’s economy to an extent, however past experiences and pre-measures intended by the government says otherwise. The removal of petrol subsidy and its legal implication on the Nigerian economy is a very crucial area for research. The aim of this research paper is to examine the proposed removal of petrol subsidy, its legal implication for the Nigerian economy and the effect of its removal.

Is the Common Law Human Rights System Still Relevant with the Coming into effect of the Fundamental Rights Provisions of the Constitution of the Federal Republic of Nigeria 1999?

2022-10-01T11:19:34+00:00

Is the common law human rights system still relevant with the coming into effect of the fundamental rights provisions of the Constitution of the Federal Republic of Nigeria 1999 (CFRN)? This is the central question of this article. The article utilises the doctrinal method by analysing some provisions of the current and the old Nigerian constitutions and the nature of the common law system and the common law human rights system. The article argues that the common law human rights system still retains its relevance despite the promulgation of the fundamental rights provisions of the CFRN.

Value Added Tax in Nigeria: An Overview of Notable Reforms and Implications of the Finance Act, 2019 and 2020

2022-10-01T11:21:14+00:00

The Value Added Tax (VAT) is one of the taxes levied in Nigeria. It is a type of indirect tax levied on goods and services for the value added at every stage of production and distribution. Although, divergent taxes are being levied in Nigeria, the Value Added Tax remains distinctive and has been a constant reoccurrence in judicial proceedings and political discourse. In actuality, majority of the populace do not comprehend the applicability, nature and legal framework hitherto guiding the administration, management and collection of the Value Added Tax in Nigeria. This paper therefore using doctrinal research methodology and adopting analytical approach gives an overview of the connotation, history and nature of the Value Added Tax and its applicability in Nigeria viz-a-viz some notable new provisions of the Finance Act 2019 and 2020. Also analyzed in this paper, is the legal and institutional framework guiding the administration, management and collection of the Value Added Tax in Nigeria. The recommendations in this article tilt towards the writer’s opinion on the recent issues surrounding the correct tier of government statutorily empowered to administer and manage VAT in Nigeria.

A Jurisprudence for Operation of Crime Victims Compensation in Nigeria’s Criminal Justice System

2022-10-01T11:23:01+00:00

Crime victim compensation (CVC) is new and untested legal theory in Nigeria’s criminal justice system. This paper, in establishing the jurisprudence for its operation, examined theories of criminal punishment and brought out that while utilitarian and retributive basis are well established grounds for criminal punishment, crime victims’ compensation is the only theory of penology that considers crime victims’ interests, and is a late entrant to penology. The paper examined legislation from different Nigerian jurisdictions that deal with CVC, and established that provisions in the different legislations, though exuberant on intent, are deficient on the details of an effective and practical CVC programme. The paper established that another shortcoming of the CVC programmes is absence of clear procedure for operation of the programme. The paper concluded that notwithstanding these defects, a CVC programme is a commendable addition to our justice administration system, provided it is not permitted to replace apprehension and punishment of offenders as the primary purpose of our criminal law.