Nnamdi Azikiwe University Journal of International Law and Jurisprudence 2023-10-20T09:28:28+00:00 Dr. Chioma Ogechukwu Nwabachili Open Journal Systems <p><em>Nnamdi Azikiwe University Journal of International Law and Jurisprudence</em> (NAUJILJ) is a scholarly, online/print, open access, peer-reviewed and fully refereed journal which focuses strictly on issues of international law and jurisprudence. The Journal is abstracted and indexed with African Journals Online (AJOL) and HeinOnline. It provides a forum for legal scholars and jurists to report research findings for policy making through innovative and advanced methodologies. Well researched and original papers on topical subject matters, and case/book reviews, which extend the frontiers of knowledge with a view to solving developmental problems, are welcome. NAUJILJ is published biannually in April and September, and promptly appears in Google scholar. Submission of manuscripts can be made all through the year.</p> The impact of technology and the use of the internet on copyright enforcement in Nigeria 2023-10-17T05:21:39+00:00 Nwamaka Adaora Iguh Onyinye Edith Anyanor <p>The enforcement of copyright, like every other proprietary right, is of great importance in every society. This is because it makes it possible for creators to reap the economic benefits accruing from the works they have created and in turn, gives them the motivation to create more. Among the problems of lack of funds, corruption, poverty, and inefficient enforcement mechanisms, and others, confronting the Nigerian Copyright Commission (NCC), the advent of the internet and digital revolution has posed even more severe challenges to enforcement. Due to the internet and modern technology, it has become easier and faster for a person to gain access to copyrighted works even to the detriment of the right owners. This research examines the extent to which modern technology and the internet have impacted the enforcement of copyright in Nigeria. The research finds that the long lasting-rule concerning copyright protection has been distorted by digital technology and the internet which have defied the traditional Copyright Enforcement Mechanisms. The situation is exacerbated by the state of the laws on copyright enforcement. Though the Copyright Act 2022 has introduced some measures to protect works that are published on the internet, it is still fraught with so many lacunae and far from meeting up with the demands of this internet age with regards to enforcement. The research recommends, among others; the employment by right owners, of some Digital Right Management measures such as encryption and watermarking; and more legislative action to make room for efficient enforcement by both NCC and the Courts.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Revisiting the legal framework of safety at work and compensation for injuries in Nigeria 2023-10-17T05:28:37+00:00 Helen Obioma Onyi-Ogelle Promise Green <p>The need for the protection of a nation’s workforce from work-related accidents, injuries, diseases and deaths on one hand, and the prompt payment of adequate compensation upon the unfortunate injury or death of a worker, whether in the private or public sectors, are subjects that can never become mundane. Thus, this paper made it its purpose to search and interrogate the legal rules governing these critical labour issues in Nigeria. This is with a view to understanding how far-reaching these legal rules go to provide legal safeguards for employees engaged in works that may sometimes result to loss of lives and limbs at the workplace. The paper found that while the legal rules making provisions for the safety of employees to which they apply, fall short in many respects of the kind of positive law presently required to guarantee safe places of work in contemporary times, the legal rules on compensation for work-related injuries appear to have pushed the boundaries towards bringing to bear a simple, equitable and accessible compensatory framework for work-related injury, disability and death.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Burden of proof in election petition in Nigeria and the implication of Section 137 of the Electoral Act, 2022 2023-10-17T05:35:45+00:00 Kehinde Leke Taofeeq Alatise <p>Over the years, election petition litigation has become a common feature of Nigeria’s electoral process. Every election cycle in Nigeria comes with its attendant disenchantment about the outcome, with aggrieved parties challenging the outcome in courts. However, on getting to courts, litigants face legal barriers in their quest for justice. One of these issues is the problem of proof. The inability of litigants to meet the legal threshold of proof has led to the dismissal of the majority of these election petition suits. Efforts to address this issue led to the enactment of the Electoral Act, 2022. The new Act introduces several novel provisions that address many issues that have been bedevilling Nigeria’s electoral process for a long time. One such provision is section 137 of the Electoral Act, 2022. The paper finds that the rationale behind section 137 is to lighten the onerous burden of proof placed on a petitioner by dispensing with oral evidence where the electoral documents manifestly disclose the allegation of non-compliance. The paper argues that the provision of section 137 is not inconsistent with the provisions of the Evidence Act to the extent that it dispenses with oral evidence. The paper notes that while courts are yet to make an authoritative pronouncement on the proprietary of section 137 of the Electoral Act, recent decisions of courts have not shown a positive reception of this innovative provision of the law. The paper calls on the Supreme Court to provide clarity by making authoritative pronouncement on the proprietary of Section 137 of the Electoral Act and put to rest the raging legal uncertainty around the new law.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Autonomy of local government system in Nigeria: an aberration or necessity 2023-10-17T05:42:37+00:00 Chibuike Nnamdi Okafo U.C. Kalu <p>Autonomy of Local Government System in Nigeria is one shrouded in controversies. While some share the sentiment that there is need to grant substantial autonomy to this tier of government to exercise its constitutional roles and access its funds as enshrined in sections 7, 162(5) and 4th schedule of the Constitution of the Federal Republic of Nigeria, 1999(as amended); others believe that this quest for autonomy is misguided since no tier of government enjoys absolute autonomy. But in some developed nations (like, Brazil, Argentina and the United State of America) Local Governments enjoy relative autonomy. However, that is not so with the Nigerian Local Government Councils. Provision of basic amenities are the core roles of the Nigerian Local Government is to services to the natives. But how can this be realized when its autonomy is shrouded in controversy? This work examines the autonomy of the Nigerian Local Government all to ascertain it’s useful or otherwise to Nigerians.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Legal and policy foundation of controlled medicine 2023-10-17T05:53:31+00:00 Chi. Johnny Okongwu Simon Ejokemaimoisi Chidinma Blessing Wakoby <p>Controlled medicine is an aspect of medical sciences that is very fundamental to the practice of medicine. It is also very important for students and researchers in the medical profession to understand the legal and policy basis for controlled medicine. The aim of this paper is to discuss the legal and policy framework for controlled medicine. The paper finds that there is no uniformity in the laws on controlled medicines in Nigeria and recommends the enactment of the Controlled Medicines Act. The paper concludes that there is need for adequate sensitization of Medical Practitioners and students on the regulations on controlled medicines particularly the penalties for contravention.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Ascertaining the challenges in the enforcement of the abuse of women’s rights in Nigeria 2023-10-17T16:18:39+00:00 Ezinne Olivia Onwugbenu <p>The abuse of women’s right entails all forms of discriminations and relegation that women face in spite of being entitled to all categories of human rights. Achieving equality between women and men requires a comprehensive understanding of the ways in which women experience discrimination and are denied equality so as to develop appropriate strategies to eliminate such discrimination. As the saying goes “women’s rights are human rights”, yet almost everywhere around the world women and girls are still denied their rights because of their gender. These abuses which are manifested in physical, economic, psychological and sexual form, is a sensitive issue anchored in inequality of rights in the society. Although Nigeria has legislations combating these abuses, they are often not respected in practice. Moreover, there is also the matter of the extant laws and customs which is often exhibited in cultural and patriarchal antecedent of the Nigerian society. The aim of this paper is to analyze ineptly the different forms of abuse, the underlying factors responsible for women’s rights infringement, the lack of enforcement of the laws protecting women from being the object of abuse and identifying the impediments restricting the enforcement of such rights. The findings of this study revealed the seemingly absence of political will to guarantee protection of these rights, this also presents formidable obstacles to joining the world wide movement towards interdependence and interrelatedness of women’s rights. This paper recommends that the increased representation of women within the police and the judicial system as well as mainstreaming gender within the judiciary can also improve their responsiveness to gender issues and make it easier for women to seek assistance or report their cases.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Dilemma of minority shareholders in Nigeria company law 2023-10-17T16:29:05+00:00 Chidimma Stella Nwakoby Ifeoma Nwakoby <p>The Nigerian company law framework is designed to provide a legal structure that governs the rights, obligations, and relationships between various stakeholders in companies. Among these stakeholders, shareholders play a crucial role in the governance and decision-making processes. However, the Nigerian company law presents a series of dilemmas for shareholders, posing challenges to their rights, protection, and effective participation in corporate affairs. Shareholders often face challenges in accessing accurate and timely information about corporate affairs, financial performance, and risk factors. This lack of transparency undermines shareholders' ability to make informed decisions, hindering their capacity to hold management accountable and protect their investments. Moreover, the limited enforcement mechanisms within the Nigerian company law contribute to the shareholders' dilemma. Weak regulatory oversight and the slow judicial process make it difficult for shareholders to seek redress for violations of their rights or for instances of corporate misconduct. The absence of efficient dispute resolution mechanisms adds to the shareholders' predicament, discouraging their active participation in corporate governance and eroding investor confidence to address the shareholders' dilemma in Nigerian company law. Thus, the dilemmas faced by minority shareholders in Nigerian company are explored and equally shed light on their implications for corporate governance and investor confidence. It was found that the dominance of majority shareholders is a primary dilemma in Nigerian company law, as it allows controlling shareholders to exert undue influence and prioritize their interests over minority shareholders. This raises concerns regarding fair treatment, equitable distribution of dividends, and access to relevant information for effective decision-making. The absence of comprehensive protections for minority shareholders further exacerbates this dilemma, leaving them vulnerable to exploitation and dilution of their rights. Therefore, it is recommended that there is need to enhance the minority shareholder protections by strengthening disclosure requirements, improving regulatory oversight, and streamlining the legal framework for efficient dispute resolution.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Effective local government system in ngeria amidst the crave for advanced technologies: the divide 2023-10-17T16:43:32+00:00 Chibuike Nnamdi Okafo U.C. Kalu <p>The Nigerian Local Government Councils have been accused (and rightly so) of being redundant, ineffective and unserious with his constitutional roles as enshrined in the section 7 and 4th schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Regrettably, the usefulness of this term of government is now also being threatened by the emergence of modern/advanced technologies. The constant reliance on drones, robots, automated teller machines and artificial intelligence appears to be eroding the usefulness of the Nigerian Local Governments. But what becomes the fate of the Nigerian Local Governments and its quest to provide effective services to natives at the rural areas in this technology drive era? This and many more, form the discourse of this paper.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Terrorism and protection of the rights of internally displaced children in Nigeria: a legal appraisal 2023-10-17T16:58:12+00:00 Nneka Obiamaka Umejiaku <p>Terrorism is the calculated use of violence or threat to inculcate fear, to coerce or to intimidate government or society in the pursuit of goals that are generally political, religious or ideological. The issue of terrorism is topical because of its negative impact on the polity. The aim of this work is to examine the effects of terrorism on internally displaced children. The work x-rayed the legal framework that provides for protection of internally displaced children in Nigeria. The study examined factors that exacerbate terrorism and made adequate recommendations for protection of displaced children. The study is analytical and comparative in scope and revealed that, rights of internally displaced children are violated in every sphere, despite numerous legal frame work made for their protection. This challenge has made Nigeria fall abysmally below international best practices when compared with other jurisdictions. Accordingly, the study advocates for review of extant laws such as, Terrorism (Prevention)(Amendment) Act 2013, Child’s Right Act 2003, 1999 Constitution. Further, the study recommends that holistic measures should be taken by both the government and humanitarian partners for adequate protection of internally displaced children in Nigeria.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 The Nigerian bar association and protection of justice: how not to defend a judge 2023-10-17T17:06:21+00:00 Inyo Evans Ibingo <p>The consciousness that “justice” is highly cherished and that the life of every human society depends on it to thrive is as old as time although the approach to its administration has continued to evolve over the ages. Yet the concept stands on three indispensable pillars – equality before the law, fair hearing and transparency - which have continued to determine its quality with equal force. The duty of lawyers as officers in the temple of justice is to encourage Judges to project their official obligation over personal pride and disposition by ensuring a recourse to rectitude whenever the tune of faltered justice is echoed until this sobriety becomes permanent and inherent in them. No other but the legal profession can play this role rightly. Therefore, the recent statement by the Nigerian Bar Association President blaming lawyers who criticised the judiciary for some baffling verdicts calls for review of the role this body is expected to play and an appraisal of the performance in this dispensation. This article examined the duty of the judiciary in Nigeria to dispense impeccable justice and the civic responsibility of all citizens, especially lawyers, to contribute thereto by making polished criticisms whenever necessary. The research adopted the analytical method by perusing relevant literature. The study found, among others, that contrary to the tradition there is a growing aberration of personalising the protection of justice by defending Judges perceived by the citizenry as having erred in their official responsibility. It therefore recommended, in substance, that more effort should be made to prevent perversion of justice than to shield erring Judges from criticism</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 The legality of quarantine and lockdown in the management of public health emergency in Nigeria 2023-10-17T17:23:06+00:00 Nuleera Ambrose Duson D. Sunny James <p>In December 2019, a global Pandemic referred to as COVID-19 took the world by storm, paralyzing virtually all human activities. It originated from the city of Wuhan in China. The World Health Organization (WHO) declared the outbreak a global pandemic on the 11th day of March 2020. The casualty from the pandemic was enormous. A lot of persons lost their lives as a result of contracting the virus. In the midst of that unprecedented public health crisis, countries across the globe including Nigeria adopted containment measures aimed at halting the spread of the disease. These include lockdown, isolation and quarantine. These measures infringed on human rights of citizens and were heavily criticized. On Sunday the 29th of March, 2020, President Muhammadu Buhari in a televised broadcast imposed a lockdown on two states in Nigeria for 14days. This was followed by some state Governors who also imposed lockdown on their respective states. Some had argued that the President cannot unilaterally impose lockdown on states in Nigeria without first of all declaring a state of emergency in accordance with Section 305 of the 1999 Constitution of the Federal Republic of Nigeria. This article seeks to examine the legal framework regulating the imposition of quarantine and lockdown in the management of Public health emergency in Nigeria. In particular, the emphasis of the paper is to investigate whether the imposition of quarantine and/or lockdown by the President in the management of Public health emergency like the COVID-19 Pandemic in the country is legal. Secondly, whether a lockdown imposed by the President but not in accordance with Section 305 of the 1999 Constitution of the Federal Republic of Nigeria is illegal. The paper found that there are laws permitting the President to impose lockdown and quarantine in the management of Public health emergency in Nigeria. The paper argues that such lockdown or quarantine imposed by the President as a means of containment of any infectious disease in Nigeria is legal and valid even without the declaration of a state of emergency in accordance with Section 305 of the Constitution. The paper argues further that Section 305 of the 1999 Constitution is just one of the provisions permitting the President to impose such a lockdown or quarantine. The paper contends that by a community reading of Sections 14, 20 and 45 of the 1999 Constitution, Sections 2, 3, 4 and 8 of the quarantine Act 1926, Article 16 of the African Charter on Human and peoples Right (ACHPR) Article 4 and 12 of the International covenant on civil and political Rights (ICCPR) and Article 12 (1) and (2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), the President can impose lockdown and quarantine in the management of Public health emergency in Nigeria without recourse to Section 305 of the 1999 Constitution. The researchers made use of the doctrinal approach in carrying out the research. The paper is divided into five sections.. The paper concludes with some recommendations in.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 Gender inclusivity in international trade: making trade work for women 2023-10-18T05:33:34+00:00 Chiugo Onwuatuegwu Ikenga Oraegbunam <p>The landscape of international trade is witnessing a shift as women across the globe are challenging stereotypes and breaking barriers. The realm, once dominated by men, is now acknowledging the integral role women play in the multifaceted global economic framework. The impact of trade and trade policies is greatly influenced by the structure of markets and institutions. These structures and institutions are embedded in a myriad of gender specific barriers ranging from bias, socio-cultural factors, education, access to credit etc which have formed a myriad of obstacles for women in trade. Trade policies and Agreements influence the opportunities of women to access secure and decent employment and to benefit from international trade. In the grand scheme of international trade, women's contributions are proving to be invaluable. It appears that women continue to surmount the obstacles to their equal participation in trade. Their journey is not just about individual triumphs; it is about reshaping the global trading system to be more inclusive, equitable, and balanced. This study examines the challenges involved and charts the way forward.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 A legal appraisal of the impact of tax incentives on investment in Nigeria: the pioneer status perspective 2023-10-18T05:40:29+00:00 Chioma Bernadine Nwankwo Rapuluchukwu Ernest Nduka Vivian Chinelo Arinze <p>To encourage foreign direct investment for the expansion and improvement of the Nigerian economy, the Nigerian government provides tax reliefs or exemptions to qualified multinational investment projects or companies whose income or profits are derived from, brought into, accruing in, or received in Nigeria. Nigeria offers a number of incentives to promote foreign direct investment. The Pioneer Status Incentive is one of the various incentives offered in Nigeria to stimulate foreign direct investment. These incentives are in place to promote investments across a range of economic sectors. The tax incentive programs offered in Nigeria have recently undergone a number of adjustments. Some of these changes were made possible by the Finance Acts (F.A.), which amended several primary tax laws. This paper therefore is an appraisal of the pioneer status incentive on investment in Nigeria viz a viz the recent amendment in the tax laws on this subject. The method of data collection adopted is the doctrinal method using analytical approach to review the various statutes, decided cases, journals and internet materials on the subject. The article will also look at the impact of tax incentives on investment promotion in Nigeria and recommend reforms to increase transparency and a favorable investment climate in Nigeria.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 An inquiry into the Nigerian healthcare system: the role of judiciary in guaranteeing medico-legal rights of the health users 2023-10-18T05:52:43+00:00 Henry C Okeke <p>The inadequacy of the healthcare sector in Nigeria has resulted in doctors and allied medical professionals involving themselves in breach of health users’ medical rights due dearth of medical personnel and a lack of a conducive working environment. Even though the Constitution and the National Health Act provided for health rights and the right to seek redress in court if a health user's right is breached, most health users are not of their health rights. The judiciary's role remains unrivaled as the constitutional organ of the government that interprets the laws, settles disputes, and ensures that justice is served within the nation. The judiciary should uphold the rule of law in its dispensation of justice. A citizen whose right is violated has the right to seek redress in court. Unfortunately, technicalities like the pleading of res ipsa loquitor, and testimony of expert witnesses have been a clog in the wheel of justice in medical malpractice claims thereby discouraging litigants. This research considered the poor state of the Nigerian healthcare system, which may result in a breach of health users' medico-legal rights. Where there is injury, the court should step in to restore the users' rights, but technicalities should be downplayed in the medical negligence matter. It was found that most health users are ignorant of their medical rights. Hence, when their rights are violated due to the technicalities especially proof of res ipsa loquitor and expert witness giving evidence and the fund to invite the witness discourages the victims of medical negligence in prosecuting medical negligence matters in court. Therefore, it is recommended that health users' rights advocacy be embarked upon by Ngo’s and Civil Society Organizations and the doctrine of res ipsa loquitor be made strict liability for medical negligence. The expert witness testimony be discountenanced and special rules of the court be applied to medical negligence matters so as to not sacrifice justice at the altar of technicalities</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023 The fundamental identity of the girl-child and Nigerian laws 2023-10-18T05:56:47+00:00 Chidimma Stella Nwakoby Tobechukwu Modestus Ihediuche <p>Girls are often discriminated against in Nigeria in access to educational opportunity, food, and nutrition. Girls carry a heavy encumbrance of farm work and house work. They are married off at early ages, which hampers with their education or acquisition of skills needed for survival. It is fact driven that the Nigerian girl-child has encountered some forms of challenges as a result of cultural, religious, political and social beliefs. Some of these challenges include inter alia early marriage, pregnancy, violence at home and school, and lack of funding. This study examines the concept and decisive issues involved in the protection of the girl-child which holds that in every action concerning a child, whether undertaken by an individual, public or private body, the best interest of the child shall be the primary purpose. It aims at reawakening the consciousness of the Nigerian society towards the need for the protection of the girl-child as seen and practiced at the global stage and domesticated by the Nigerian legislature. It identifies socio-cultural norms, religious misconceptions, poverty, teenage pregnancy and early marriage amongst others as factors weighing against the survival of the girl-child in Nigeria. It outlines the role our laws have adopted in protecting the girl-child. Considering the positive impact of girl-child education and protection, the study suggests full compliance of the extant laws for the rights of children by the States of the Federation.</p> 2023-10-20T00:00:00+00:00 Copyright (c) 2023