Nnamdi Azikiwe University Journal of International Law and Jurisprudence

Challenges of trademark protection laws to the Nigerian economy

Anita Nwotite, Nwamaka Adaora Iguh, Chidinma Somtochukwu Onwugbolu — Tue, 13 May 2025 00:00:00 +0000

Trademark registration/licensing has proved to be an important aspect of Nigeria’s economy. With registration, registered proprietors of trademarks are conferred with some protection enabling them to enjoy exclusive rights over their intellectual property. Unfortunately, globalization and technological advancement have exposed the gaps in the Nigerian Trademark Act with serious impact on the Nigerian economy. Relying on doctrinal method of legal research, including the Constitution of the Federal Republic of Nigeria 1999 (as amended), Trademark Act, 1965, case-law, legal text books, and journal articles, the paper appraised the challenges of trademark protections laws to the Nigerian economy. The paper employed analytical approach to elucidate the data collected from these sources. The paper found that the Trademark Act 1965 is too archaic and fails to recognize certain categories of marks such as service marks; and other categories of trademark infringements such as counterfeit of domain names, also requiring protection under the law. With these gaps, foreign investors and trademark owners have suffered losses from trademarks counterfeiting. On the other hand, Nigeria also suffers loss of revenues as foreign investors are discouraged from investing in Nigeria; and the teeming employees of these businesses also lose their jobs. To address these challenges, the paper recommended the review of the Trade Marks Act of 1965 to incorporate service marks and domain name. The paper also recommended the domestication of the relevant international treaties/conventions to which Nigeria is a State party. It is rather hoped that the amendment of the Trademarks Act of 1965 would strengthen the protection of trademarks Nigeria thereby improving Nigeria’s economy.

A doctrinal analysis of judicial review in Nigeria - balancing activism and restraint in constitutional adjudication

Othuke Amata — Tue, 13 May 2025 00:00:00 +0000

This paper exposes the foundation, substance and philosophy underpinning judicial review by the judiciary. Traditionally, the judiciary is designed to expound (interpret) the law and resolve disputes. However, with the contemporary constitutional order, the judiciary's responsibility has expanded and become more complex than the traditional limited role of interpretation of law and dispute resolution. The court now plays a vital role in guaranteeing legal certainty, maintaining social order and control, promoting economic development, protecting the human rights of the citizenry, law-making, and invoking its powers of judicial review to check the excesses of the political branches in strengthening the rule of law in a democratic society. Using analytical research methodology by scrutinising data sourced from secondary materials, the paper sought to analyse how judicial review has developed and the intersection of broad legal principles that govern and regulate its application. It identified the grounds for invalidating legislative or executive acts, how judicial review serves as a check on executive and legislative powers and ensures accountability in government actions and three dimensions critical to understanding the judiciary's reluctance to review the activities of the political branches. The cumulative effects of the three dimensions tremendously influence the perspective of judicial review that transcends different legal jurisdictions. It ended with a conclusion speculating on the future direction of judicial review, considering potential reforms and emerging trends in the legal landscape.

Taming oil conflict in the Niger Delta through the petroleum industry act 2021

Kingsley Lemeah Peekate, Nuleera Ambrose Duson — Tue, 13 May 2025 00:00:00 +0000

Discourse on marginalisation, neglect, environmental degradation and underdevelopment in the Niger Delta region are never ending. The years of petroleum production activity have scarcely benefited the oil bearing or host communities when compared to the wealth that has emanated from the land. This paper briefly examined the complaints raised by the Niger Delta people with regards to petroleum production activity. The steps taking by the Nigerian government to address the complaints is highlighted. Focus is beamed on the recently enacted Petroleum Industry Act 2021 (PIA), which had been before the National Assembly since 2008. It had three versions before it was eventually enacted into law. The PIA 2021 established the ‘host communities’ development trust fund’. The Petroleum Industry Bill 2012 (PIB) version had earlier proposed the ‘petroleum host community fund’. The PIB 2012 was compared with the PIA 2021 with regards to the funds proposed/ established for the development of host communities. It was found that the adjustment done to finally establish the fund in the present state does not meet the expectation of the Niger Delta people. Based on the above, recommendations were made.

Review of gender mainstreaming vis–a-vis the legal rights of women

Chinwe Patricia Iloka, Agent Benjamin Ihua-Maduenyi — Tue, 13 May 2025 00:00:00 +0000

Gender mainstreaming, as a global strategy for promoting gender equality, aims at integrating gender considerations into policy-making, legislation, and societal practices. From a legal perspective, gender mainstreaming is crucial in ensuring the protection and advancement of women’s rights. This paper examines the intersection of gender mainstreaming and women’s rights within the legal framework, emphasizing how laws and policies can be structured to address gender inequalities effectively. The legal perspective of gender mainstreaming involves the adoption of gender-sensitive laws, the elimination of discriminatory legal provisions, and the incorporation of international legal standards such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). National constitutions, legislative acts, and judicial interpretations play vital roles in embedding gender equality within legal systems. However, despite legal advancements, implementation gaps persist due to cultural norms, inadequate policy enforcement, and limited awareness. Legal reforms must be complemented by gender-responsive budgeting, affirmative action policies, and institutional reforms to ensure substantive equality. The judiciary's role in interpreting laws through a gender-sensitive lens also remains critical in bridging policy and practice. The paper adopted doctrinal research approach through the utilization of primary and secondary sources of materials. This paper concludes that while gender mainstreaming has facilitated progress in recognizing women’s rights, legal systems must evolve continuously to address emerging gender-related challenges. A multi-sectorial approach involving legal reforms, policy implementation, and societal change is essential for achieving comprehensive gender equality. Effective legal strategies can transform gender mainstreaming from a policy aspiration into a lived reality for women worldwide.

Existing international laws and its insufficiency in the protection of climate refugees: The need for an alternative legal paradigm

Prince Palmer Dagadu, Kujo Elias Mcdave, Donatus Dunee — Tue, 13 May 2025 00:00:00 +0000

The global climate crisis poses significant challenges to existing international legal frameworks, particularly in the realm of protecting climate refugees. As the impacts of climate change, including extreme weather events, sea-level rise, and desertification, intensify, the number of individuals displaced by environmental factors is expected to surge. The inadequacies of existing international laws in addressing climate refugees are further highlighted by the lack of comprehensive international agreements on the issue. The need for an alternative legal paradigm becomes apparent when considering the scale and complexity of the climate refugee crisis. Such a paradigm must go beyond the current refugee law framework to encompass the unique protection needs of individuals displaced by environmental factors. It should also address the root causes of climate change and promote sustainable development and environmental conservation as means to mitigate the displacement of individuals in the future. The development of such an alternative legal paradigm will require international cooperation and the engagement of various stakeholders, including governments, intergovernmental organizations, non-governmental organizations, and academics. By working together, the international community can develop innovative legal solutions that better protect climate refugees and promote sustainable development in the face of the global climate crisis. The work adopted a doctrinal legal research method for the purpose of review of the existing international laws on the protection of climate refugees. This was done in order to identify the existing gaps and make recommendations that would guide or prompt the convention of international summit to addressing the challenge.

Examination of the legal frameworks for combating transnational crime and terrorism

C.J. Ubanyionwu — Tue, 13 May 2025 00:00:00 +0000

The increasing interconnectivity of the globalized world has made transnational crime and terrorism major challenging for nations and international organizations alike. These threats are complex, involving actors and networks that transcend national borders, posing significant risks to global security, economic stability, and human rights. In response, legal frameworks at both the international and national levels have been developed to address these issues, fostering cooperation among States and institutions to combat transnational crime and terrorism effectively. This paper shall fully examine these legal frameworks.

Energy transition: Implications for hydrocarbon-producing African nations

Fyneroad Iwariso Zinami — Tue, 13 May 2025 00:00:00 +0000

This article examined the legal challenges and opportunities facing hydrocarbon-producing African nations in the context of global energy transition demand. It analyzed the complex interaction between domestic energy laws, international climate commitments, and the crucial need for sustainable development. The paper explored the historical background of oil and gas laws in Africa and then examined key national legislations and regional agreements governing non-renewable energy production. The paper investigated the international legal frameworks driving energy transition, focusing on the Paris Agreement and the United Nations Sustainable Development Goals. The paper identified key legal impediments through the doctrinal approach, including likely breaches of existing contractual obligations, the risk of stranded assets, and the need to balance human rights with environmental concerns. It highlighted opportunities for legal innovation, such as developing comprehensive legal and policy frameworks for renewable energy and economic diversification. The paper illustrated diverse legal approaches to managing the energy transition through case studies of Nigeria, Ghana, and Kenya. It concluded with policy and legal recommendations for African nations, emphasizing the need for adaptive legal frameworks to balancing ongoing hydrocarbon production with transition goals.

Data-driven law enforcement in Nigeria: Navigating challenges, seizing opportunity

Ikechukwu Chime, Chidiebere Okoroafor, Akachi Nworgu-Ikojo — Tue, 13 May 2025 00:00:00 +0000

This paper examined the critical intersection of data management and intelligence gathering within the context of Nigeria's ongoing security crises, characterized by rampant killings, kidnappings, and cybercrime. It highlighted the necessity for effective data management strategies for law enforcement agencies and further underlines the significance of accurately and securely handling sensitive information on both victims and crime suspects. The study analysed the implications of the Nigeria Data Protection Act and other regulatory frameworks, which aim to protect personal data while allowing for necessary intelligence operations without consent in national security matters. The paper investigated the challenges to law enforcement and the impact of insufficient data on crime resolution and therefore advocates for enhanced collaboration among agencies and the establishment of robust intelligence units. The research underscored the importance of adopting best practices to improve Nigeria's security landscape. The findings suggested that effective data management is essential for operational efficacy and safeguarding citizens' rights so as to foster a more secure society.

Appraising the role of Artificial Intelligence in taxation in Nigeria

Daniel Chidike Nwuzor — Tue, 13 May 2025 00:00:00 +0000

The all-important function of taxation in the economy is an obvious and incontestable fact; it is one of the major sources of revenue and it is utilized in the management of the economy. However, taxation in many countries especially in the developing ones (with frail tax regimes) is fraught with many debilitating challenges including inefficient tax collection, insufficient automation of tax processes, inadequate capturing of the informal sector, tax evasion and avoidance and ineffective tax administration. In order to effectively tackle these challenges, stringent measures are required. Fortunately, in the modern era, technology has come to the rescue in the form of Artificial Intelligence, a very powerful tool that can be deployed to tackle these challenges and project taxation forward. It is against the above background that this article attempts to examine the intersection of Artificial Intelligence and Taxation and pinpoint how the former can help galvanize the latter. This study was carried out using the doctrinal methodology involving the analysis of relevant texts, articles and other sources. It is hoped and expected that this article will add to the existing literature on this issue and the recommendations herein articulated will prove of much value in advancing the tax regime in Nigeria.

Stringent bail conditions; an impediment to the administration of Criminal Justice System in Nigeria

Onyinyechi Sandra Okorie — Tue, 13 May 2025 00:00:00 +0000

The law is trite that, grant of bail and the determination of the conditions attached thereof are within the discretion of a trial court. However, the law enjoins the courts to exercise such discretion judiciously and judicially bearing in mind that, the main essence of bail is to ensure the presence of a defendant at his trial. Again, granting bail to a defendant is not an escape from justice but affords a defendant an opportunity to have access to requisite facilities for the preparation of his defence. This position gives credence to the provision of the Section 36(5) of the Constitution of Federal Republic of Nigeria, 1999 (as amended) which presumes a defendant innocent until the contrary is proved. Strangely, under our criminal justice system the imposition of stringent or excessive bail conditions is gaining momentum on daily basis thereby posing a serious threat to the whole essence of bail. One of the reasons for correctional service centres congestion in Nigeria is attributed to the inability of inmates or defendants to perfect their bail conditions due to the stringent nature of the bail terms. Some inmates even die in custody while waiting to perfect their bail due to the unattainable nature of the bail conditions. The objective of this paper therefore, is to critically analyse the practice of giving onerous or excessive bail conditions by trial courts and its effects on Nigeria’s criminal justice system with a view to make recommendations that will guide the courts in giving liberal bail conditions thereby enhancing quick access to justice by the citizens. The paper adopted doctrinal research methodology using case laws, statutes, journals and internet materials. At the end, the paper recommended proper re-orientation of judicial officers, punishments for judicial rascality and strict implementation of our criminal procedure laws on bail, to ensure that imposition of stringent bail conditions is expunged from our criminal justice system.

Examination of the role of international law in peace building and conflict resolution

C.J. Ubanyionwu — Tue, 13 May 2025 00:00:00 +0000

International conventions, such as the United Nations Convention against Transnational Organized Crime1 and its protocols, provide comprehensive legal frameworks for addressing various aspects of transnational crime, including human trafficking, drug trafficking, and smuggling of migrants. Additionally, the United Nations Security Council has adopted several resolutions, such as Resolution 1373, which mandate States to enhance legal measures to prevent and suppress terrorist financing, recruitment, and operations. Regional agreements, like the African Union's Convention on the Prevention and Combating of Terrorism, also play a crucial role in coordinating efforts among neighbouring countries. At the national level, many States have enacted specific anti-terrorism and anti-transnational crime legislation, reinforcing criminal justice systems and enabling the prosecution of offenders, irrespective of where crimes occur. However, challenges remain in harmonizing laws across jurisdictions, ensuring effective cooperation in extradition, information sharing, and respecting human rights during law enforcement. The effectiveness of these legal frameworks depends on the political will of States, technical capacity, and the ability to balance security with civil liberties. Strengthening legal cooperation mechanisms and enhancing global partnerships remain essential for ensuring that these frameworks meet the evolving nature of transnational crime and terrorism. By doing so, the international community can address the root causes of these threats and create a more secure global environment.

Appraisal of selected International Conventions on environment and their impacts on the sustainable healthy environment

Kevin Onwuka Udude, Emmanuella Chinenye Ogwale — Tue, 13 May 2025 00:00:00 +0000

This paper examines selected International Conventions and their impacts on the sustainable healthy environment. The Conventions include: the Stockholm Conference of 1972, the Rio Declaration of 1992, Johannesburg Summit of 2002 among others. The paper adopted a doctrinal method of research wherein various textbooks, journals and online materials were examined. The paper discovered that there are various conventions that have been held under the umbrella of various world leaders which led to beautiful pronouncements on how the environment is to be handled and obligations imposed on countries to enact law to ensure sustainable healthy environment but these conventions do not have a mean of enforcing compliance on members countries and as a result environment continued to be degraded at the expense its sustainability. It was based on the foregoing that this paper recommends among others that there should be a police body to be established by United Nations Organizations to monitor activities that affect the environment and sanctions to countries that default.

Appraising the quagmire of conflicting judgments of courts in election matters in Nigeria

James Ogbonna Ogba — Tue, 13 May 2025 00:00:00 +0000

Election litigations are on the increase and the resultant conflicting judgments in some cases have been the subject of media and academic debates. Conflicting judgments rendered by courts in electoral matters pose significant challenges to the integrity of democratic processes. This may be due to inability to document judgments of courts for proper referencing as judicial precedent in similar matters. The research method adopted in this paper was the doctrinal method. This study aimed at conducting appraisal of conflicting court judgments in electoral disputes, identifying the underlying causes, examining the implications, and exploring potential strategies to promote consistency and predictability in judicial decision-making. Findings revealed several contributing factors, including inconsistent interpretation of electoral laws, lack of adherence to judicial precedents, political influences and constraints within the judiciary. It was based on the findings that the following recommendations were made to wit: for legal reforms, capacity building, adherence to precedents, and enhancing transparency in the judicial process.

Artificial intelligence and intellectual property rights in Nigeria: A legal discourse of the challenges and prospects

Temitope O. Oloko — Tue, 13 May 2025 00:00:00 +0000

Artificial intelligence is a hydra-headed creation that has taken over every aspect of life. We are yet to come to grasp with the massive impact of the use of AI and the way it is rapidly reshaping industries and innovation processes, bringing forth significant challenges and opportunities for intellectual property rights (IPR). The intersection of artificial intelligence and intellectual property rights (IPRs) represents one of the most significant and evolving areas in the field of intellectual property law. The way AI systems increasingly contribute to the creation of new inventions, artworks, and innovations, traditional IP frameworks, creates the challenges surrounding ownership and control of inventions and creative works produced by AI. The paper used doctrinal methodology to explore the dichotomy between AI’s capabilities and the limitations of current IP laws in Nigerian by analysing the intersection of AI and IPR, thus highlighting the potential gaps and ambiguities surrounding AI’s role as a creator, the ownership of AI-generated works, and exploring the adequacy of Nigeria’s IP laws in addressing AI-related innovations, and the potential for AI to infringe on existing IP rights. The use of AI transforms creativity, authorship, and innovation, Nigeria faces a critical juncture: balancing technological advancement with robust IP frameworks that address AI-generated content, data sovereignty, and ethical governance. The paper addresses the of global trends in US and China, the paper concluded by proposing balancing the protection of creators’ rights and societal interests by the adaptation of IP systems that will fostering innovation.

Examining the legal implications of air pollution stemming from power generation: The Nigerian perspective

Friday Ojonugwa Agbo, Salome Konkat Kigbu — Tue, 13 May 2025 00:00:00 +0000

Air pollution from power generation is a pressing environmental challenge with significant implications for public health and sustainable development. This paper examined the legal framework for control of air pollution in the Nigerian power sector, identifying domestic legislation, international treaties, and the roles of regulatory agencies. Through a comprehensive and interdisciplinary approach, the paper analysed the efficacy and coherence of existing laws in addressing power-related air pollution. Key findings highlighted the need for enforcement of sector-specific regulations, stringent emission standards, and public engagement. Comparative analysis with other jurisdictions offered insights into best practices for air pollution mitigation in power generation. The paper recommended for legislative interventions to strengthen the legal infrastructure and to enhance the compliance and enforcement mechanisms. By aligning with global objectives, Nigeria can foster a sustainable energy landscape and contribute to the fight against climate change.

The quest for a new criterion for the criminalization of cybercrime in Nigeria

Charles O. Oparah, Nuleera Ambrose Duson — Tue, 13 May 2025 00:00:00 +0000

Since the Internet was invented and began its revolutionary influence in all spheres of human activity, including law, the world has responded continuously to its imperatives. No less engaged is the response of criminal law reform because the cyberspace information superhighway also became the cyber criminals’ superhighway. States and international organisations have continued to embark on criminal law and criminal procedure law reform in response to the challenges posed by cybercrime. In the aspect of criminalisation as a necessary fall out of law reform, novel crimes arising from novel phenomena borne by cyberspace and re-definition of traditional crimes are being attended to by legislation. Noticeably, private investigation of cybercrime and non-criminalised harm routed through cyberspace is difficult to undertake because of several imperatives legally required and socially inherent with investigation in cyberspace. The result is that it is financially costly and otherwise difficult for the individual to undertake such investigation and this is more evident in poor countries. If the state does not get involved in sponsoring investigation, most Internet borne crimes and non-criminalised harmful activity will go un-redressed, leaving the individual victim to grind with his hurt. Basically the state does not investigate or sponsor investigation of acts (and omissions) which do not amount to crime or which do not lead to probable civil penalisation for breach of official regulation or rules. Only criminalised acts may be investigated at the instance of the state, with a possibility that the individual victim of crime would obtain redress in due course. Adopting a doctrinal approach and taking a look at some existing law literature and laws on or impinging on the subject, this article concluded that the present criteria for criminalisation should admit another criterion which justifies criminalization of all harms routed through cyberspace to the detriment of the individual person, as the only realistic and viable means of achieving individual redress of any sort, both at criminal and civil law. This article thus recommended the individual victim redress interest principle as a new criminalisation criterion in the light of cyberspace.

Embracing soft law instruments as a foundation for the protection of the rights of climate refugees

Prince Palmer Dagadu, Donatus Dunee, Kujo Elias Mcdave — Tue, 13 May 2025 00:00:00 +0000

The unrivalled consequences of climate change have led to population displacement and relocation, creating a new category of individuals known as climate refugees. These individuals face unique challenges in terms of legal protection, as current international legal frameworks primarily focus on political or conflict displacement. Soft law instruments offer a potential basis for protecting climate refugees. This paper examines potential ways by which legal and normative frameworks can be employed to protect the rights of climate refugees. The paper contended that greater emphasis should be placed on developing soft law, rather than attempting to integrate individuals displaced by climate change into current legal framework. This paper also asserts that while soft rules enhance international cooperation, and may serve as a precursor to more binding legal frameworks in the future, they are not enough; binding legal systems are ultimately necessary to guarantee comprehensive and enforceable protection for climate refugees.

Legality or otherwise for the imposition of cyber security levy in Nigeria

Chioma O. Nwabachili, Chinemelu V. Nnoyelu — Tue, 13 May 2025 00:00:00 +0000

The growing threats of cyber-attacks has undoubtedly, prompted the need for improved security measures to combat these issues and mitigate the resultant consequences. Thus, the cyber security levy is aimed at providing dedicated and adequate funding for the actualization of cyber security initiatives in Nigeria. However, the implementation of cybersecurity levy in Nigeria has generated unimagined public resistance. This study therefore sought to examine the Legality or otherwise of the imposition of cybersecurity levy in Nigeria. The specific objective of this research was to establish the legal basis, if any, that justifies the imposition of cybersecurity levy in Nigeria and to make salient recommendations on how to effectively surmount the challenges and concerns relating to the imposition of the levy. The research design and methodology was doctrinal approach, using analytical and descriptive research methodology. The main sources of data collection were various legal documents and materials, both from the library and the internet, and covering both the primary sources and the secondary sources, including decided cases. In this work, it was discovered among others that cybersecurity levy is the 0.5% (0.005) levy imposed on all electronic transactions by applicable businesses as provided under the Cybercrime (Prohibition, Prevention, etc) Act (as amended) 2024. It is further observed that the financial support realised through this levy will help in developing and implementing strategies to safeguard Nigeria's digital infrastructure and combat cybercrimes effectively. In the end, it was recommended among other things that a clearer provision on the implementation of the cybersecurity levy be made by the Act in order to provide a uniform implementation guideline for the levy.