Nnamdi Azikiwe University Journal of International Law and Jurisprudence https://www.ajol.info/index.php/naujilj <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> en-US The copyright owner is the Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria conwabachili@unizik.edu.ng (Dr. Chioma Ogechukwu Nwabachili) uniziljilj@yahoo.com (Alternate Email) Wed, 06 Oct 2021 08:02:59 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 Exploring the politics and law of extradition in international relations https://www.ajol.info/index.php/naujilj/article/view/215297 <p>The paper examines the place of extradition in international relations as a component of the international criminal justice system. It adopts the doctrinal approach by comparing and analyzing statutory provisions and treaties as they relate to the law and politics of extradition. The paper found that despite the existence of treaties, extradition practices in international relations are fraught with politics of national interest as against a sincere desire to facilitate the wheel of the international criminal justice system, which main objective is the ensuring of adequate and deserving punishment for offenders of any country of origin/residence, no matter which country they may have fled to. It was also found that most third world countries hardly get their extradition requests to advanced countries granted as a result of (i) their perceived weak criminal justice institutions which the advanced countries often believe cannot guarantee justice for fugitive offenders; and (ii) the superiority complex of the advanced countries. Consequently, the third world countries often resort to extra-ordinary rendition out of frustration which in itself constitute an act of international terrorism. The advanced western countries on the other hand have always been reluctant to surrender fugitive criminals for trial or punishment in third world countries.</p> Thaddeus Chukwuka Eze Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215297 Wed, 29 Sep 2021 00:00:00 +0000 The Federal Character of Nigeria: A delicate bedrock for national unity and loyalty https://www.ajol.info/index.php/naujilj/article/view/215301 <p>Section 318(1) of the Constitution of the Federal Republic of Nigeria 1999 defines federal character of Nigeria to mean the distinctive desire of the people of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation. Of course, without a true and sustained sense of belonging deliberately and duly given to the citizens of Nigeria, national unity and national loyalty will continually be a legal mirage. It is the researchers’ view that this is wont to be so because the geographical area which eventually evolved into what has become known as Nigeria is a territory undeniably made up of a heterogeneous population. It consisted, and still consists of various indigenous peoples of different ethnic groups, tribes, languages, aspirations, cultures, and even religions. Prior to colonization, a good number of the said different indigenous peoples had existed and operated independent of each other. This work interrogates the reality and enforceability of the federal character of Nigeria vis-à-vis the constitutional need to promote national unity and foster national loyalty in Nigeria through the doctrinal and non-doctrinal research method as well as the utilization of primary and secondary sources of information. The findings made include the fact that there is no sufficient and strong constitutional and statutory framework for the advancement and enforcement of the federal character of Nigeria. On the basis of the foregoing, it is concluded that since the federal character of Nigeria is constitutionally recognized and declared as a distinguished and distinctive desire of the people of Nigeria, there should be ample and effective legal framework for the advancement and enforcement of that distinctive desire of the people because according to Section 14(2) of the Constitution of the Federal Republic of Nigeria 1999, sovereignty belongs to the people from whom government, through the Constitution, derives all its powers and authority.</p> Odinakachukwu E. Okeke, E.O.C. Obidimma Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215301 Wed, 29 Sep 2021 00:00:00 +0000 Appraisal of the principle of burden-sharing in refugee protection https://www.ajol.info/index.php/naujilj/article/view/215310 <p>The issue of refugees and internally displaced persons is a recurring decimal, which is precipitated by the fact that societies, communities and nations have always had reasons to be entangled in conflicts with one another. Often times these conflicts result in violence and this violence brings about the displacement of people, who then seek refuge either within national boundaries or outside national boundaries. Victims of such conflicts who seek safe havens outside their national boundaries are termed refugees. The bond of humanity and international solidarity has always driven other people and nations to cater for such people who flee from crises and conflict zones. This article therefore x-rayed the principle of burden-sharing in refugee protection. The doctrinal method was consequently adopted in the conduct of the research. A historical overview of how the principle evolved was undertaken, citing several documented efforts at the international level. The paper also appraised the practice of the principle of burden-sharing. Challenges currently bedeviling the practice of the principle were also discussed. It was recommended that a holistic international legal framework be put in place by the UN to make burden-sharing a binding obligation on Member States.</p> John Aku Ambi Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215310 Thu, 30 Sep 2021 00:00:00 +0000 The case of <i>Gbemre v. Shell</i> as a catalyst for change in environmental pollution litigation? https://www.ajol.info/index.php/naujilj/article/view/215311 <p>Nigeria is the largest routine gas flaring country amongst members of the Organization of Petroleum Exporting Countries. Despite the routine flaring of gas being banned in Nigeria since 1984, there appears to be a lack of political will on the part of the Nigerian government to follow through and enforce the said ban despite losing billions of Naira which would have been realized form the harnessing and production of the gas routinely flared in the country. With the international community moving to end routine gas flaring by 2030, this paper adopts the use of doctrinal research methodology. It critically analyses and dissects the historic case of Gbemre v. Shell Petroleum Development Company Nigeria Limited which took a unique approach to the perennial gas flaring problem within the Nigerian oil and gas industry, to determine if Nigeria is genuinely ready to end routine gas flaring and assess the judicial and political attitudes to drastically reduce environmental pollution with regards to the oil and gas industry in Nigeria.</p> Ayodele Morocco-Clarke Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215311 Thu, 30 Sep 2021 00:00:00 +0000 The role of intellectual property law in the regulation of micro and small and medium enterprises https://www.ajol.info/index.php/naujilj/article/view/215312 <p>A lot of businesses start with humble beginnings and grow into big corporations, therefore how it starts matters. The hallmark of a good business is its product and the way to distinguish one product from another is through the use of trademarks and its registered name. While trademarks consist of signs as it is used to indicate a connection in the course of trade between the goods and some person having the right either as proprietor or as a registered user to use the mark, a business name is simply an alphabetic name used for the identification of business registered to become a legal entity. The crux of this paper is to examine the legal framework for the regulation of business names and trademarks in Nigeria. The paper adopts a doctrinal research methodology. It analyses the various forms of business unit in Nigeria by examining the legal implications. Thus, the article presents an introduction to the general structure of Micro and Small and Medium (MSMEs), business names and trademarks law. This is followed by offering an analysis that focus on the MSMEs and what they need to know to help boost the total outlook and of the business. The paper however concludes that MSMEs need to know the laws and regulations that guide the setting up of their business as trademarks are important assets of any business and their use must be done in relation to other law and regulation.</p> Temitope O. Oloko Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215312 Thu, 30 Sep 2021 00:00:00 +0000 The bioregional plan of Australia and its suitability as good practice for the United Kingdom and Ireland’s emerging systems https://www.ajol.info/index.php/naujilj/article/view/215318 <p>This paper appraises the procedure and plans preparatory to the entrenchment of an effective Bioregional plan for the United Kingdom, most especially Great Britain and Ireland using the Bio-Regional plan of Australia as a template for emulation because of the widespread adulation of Australia as one of the most developed countries in terms of bio-regional plans in the world. This Article realises that there exists a yearning need to herald an ecosystem approach in the planning and management of land and seas through proper planning. This is particularly so as it has become increasingly recognised all over the world the need for the planning and management of the natural environment and the natural resources which are consequent on the proper functioning of the component ecosystems. The aim of this paper is therefore to find out whether the continued sustainability of economic systems, prevention of extinction of animal life (biodiversity and wildlife conservation), the preservation of the quality of human life are dependent on the maintenance of healthy ecosystems through the hatching of a plausible bioregional plan and whether or not the absence of a holistic action plan and management is capable of combatting the challenges occasioned by the complex interactions of humanity with its environment who are ultimately at the receiving end of all the fallouts of an unplanned ecosystem. This paper employs a doctrinal (desk-based) approach and relies on secondary data from statutes and reports by agencies of several governments. This study concludes that since there is no centrally created government-hatched bioregional plan for the United Kingdom as a whole including its component regions (Great Britain, Northern Ireland, Wales and Scotland) with Ireland inclusive, it is desired that a bio-regional plan that would maximize and encourage living without injuring the earth and its abundant resources and consequently achieving sustainable biodiversity be formulated for them, irrespective of the structural inapplicability of Australia’s Bioregional plan for both countries.</p> Aderonke Abimbola Ojo, Tosin Ezekiel Ayo Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215318 Thu, 30 Sep 2021 00:00:00 +0000 An evaluation of the role of the Nigerian ports authority in the protection of Nigeria’s marine environment https://www.ajol.info/index.php/naujilj/article/view/215319 <p>The marine environment is facing a number of pressures, arising out of the needs of people, and the multiple uses that coastal and marine areas can be put to. These pressures contribute to the depletion of marine resources and degradation of the marine environment. There is therefore the need for the proper management and protection of marine resources through the aid of institutional framework. No amount or quantity of legislations can effectively protect the marine environment without the aid of institutional framework. It is on this premise that this paper examines the role of the Nigerian Port Authority in the protection of marine environment. The discussion in this paper is limited to namely: the importance of Nigerian maritime environment, the key challenges to marine environment and the role of Nigerian Port Authority in the security of maritime environment with a view to make the necessary suggestions to improve the system.</p> Abdulkadir Bolaji Abdulkadir , Abdulkareem Ademola Mashood Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215319 Thu, 30 Sep 2021 00:00:00 +0000 A legal appraisal of taxation of electronic commerce in Nigeria https://www.ajol.info/index.php/naujilj/article/view/215322 <p>Tax is merely imposed for public purpose and for raising general revenue for the State. Tax is charged and payable on all international, interstate and intra state supplies of goods and services. Consequently, all supplies which includes supplies into Nigeria from outside (import) and within Nigeria. Electronic commerce otherwise called E-commerce represents a new business model which operates with very few physical locations, involves customized inventories and storage needs are reduced. It involves less vertical integration and more outsourcing and fewer physical locations as used by a vendor. The servers used in e-commerce are not necessarily tied to a single physical location but can easily be relocated without any interruptions to business operations. Conventional tax legislations presuppose that taxes are levied on the residence and source based. Taxation of electronic commerce is imperative as the world is going digital and e-commerce is here to stay. Nonetheless, it will be an overstatement to say that the prospects of e- commerce will drive the economy to an enviable height. This paper examines the peculiar problems which the tax authorities face with the new innovation in modern business transactions with the existing laws vis-a-vis the collection of e-commerce tax. The paper adopted a doctrinal method of data collection using analytical approach in reviewing the tax laws, statutes, case laws, legal opinions of experts in textbooks and articles relevant to the subject matter of electronic transactions. The work revealed that the existing tax laws provide generally for any type of transactions, whether within and outside thereby making Nigeria one of the countries that provide for taxation of digital economy. The tax authorities have made an inroad towards harnessing the tax yield from electronic commerce. However, in order to fast track these mechanisms in use, the work recommended amendments to the existing tax laws to address the issues that had bedeviled the tax system for clarity of the provisions to the taxpayers and tax administrators and the challenges of inroad into artificial intelligence and digital economy.</p> Kachidobelu John Bielu Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215322 Thu, 30 Sep 2021 00:00:00 +0000 An appraisal of the legal regime for victim-offender mediation in Nigeria https://www.ajol.info/index.php/naujilj/article/view/215323 <p>For more than sixteen decades now, Nigeria has practiced colonial imposed system of criminal justice delivery system. The system of criminal justice delivery that placed emphasis on prosecution and punishment of crime no matter how infinitesimal it may be. The end product had been the adoption of criminal justice system where State becomes the victim and the sole beneficiary of criminal prosecution. As a result of the above, the person who actually suffered from the criminal bustles of fellow members of the society becomes a nominal complainant and further subjected to contribute resources in the prosecution of the accused person. This paper sets out to create awareness on the need to introduce a legal regime for victim-offender mediation in criminal justice delivery in Nigeria especially in minor offences. The aim of which is to ensure that the rights of parties to an offence are adequately protected in Nigeria. The paper adopts a doctrinal research method and finds that the plague to adopting victim-offender mediation in Nigeria flowed from the lacunae in the current legal regime on criminal justice delivery among others. It therefore recommends a review of the criminal justice system to accommodate victim-offender mediation in Nigeria.</p> Onyebuchi Igwe , Ngozi Nwafor Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215323 Thu, 30 Sep 2021 00:00:00 +0000 An appraisal of states’ obligations to actualize the right to education under international law https://www.ajol.info/index.php/naujilj/article/view/215332 <p>The importance of education in the world today, to say the obvious, cannot be overemphasized. Education can be used to give meaning to right to life and other human rights. Life, itself, becomes meaningful and worth living if individuals attain at least the minimum required standard of education. Thus, education is germane and paramount to a country’s development and can also serve as a key factor for the alleviation of poverty. This article examines the contents of the right to education as fundamental right. The paper observes that international law prioritizes primary and/or basic education above other levels of education and enjoins States to make it free and compulsory. This is because implementing and enforcing primary and/or basic education is one of the fundamental prerequisites in actualizing the right to education in other levels. It is argued in this paper that the right to education, if guaranteed and protected, would unlock the enjoyment of other rights and ultimately would empower the individual to play a meaningful role in the society. The paper concludes that in order to implement and enforce the right to education, State obligations under international law must be domesticated and made justiciable. Remedies should also be made available in case of violations.</p> Peter Andem , Theophilus Williams Nwoke Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215332 Thu, 30 Sep 2021 00:00:00 +0000 Delineating jurisdictional indicators in air-carrier liability suits in Nigeria: The simple contract and aviation contract perplexities https://www.ajol.info/index.php/naujilj/article/view/215384 <p>Over the years, air transportation has assumed the status as a veritable means of transportation of passengers and goods in Nigeria. By virtue of some statutory and judicial authorities, it appears that this contractual relationship created between the air-carrier (Airline) and passengers/consignors appears to fall into two distinct categories viz- simple contract and aviation contract. This paper examines, attempts and provides a probable solution to the lingering jurisdictional perplexity faced by legal practitioners and their clients in determining which court to approach for redress for an alleged liability of an air-carrier. The paper adopted a doctrinal research methodology. It also identifies some vital elements which determines whether a contract of air carriage is a simple contract or an aviation so as to fall within the jurisdictional purview of the State High Court or the Federal High Court.</p> Chijioke Ani , Chidimma Stella Nwakoby Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215384 Fri, 01 Oct 2021 00:00:00 +0000 Appraisal of the sexual and reproductive health of women in Nigeria from the perspective of internally displaced persons https://www.ajol.info/index.php/naujilj/article/view/215390 <p>Women and girls, in times of conflict, have a heightened need for sexual and reproductive health care services due to their increased risk to Sexually Transmitted Diseases (STIs) including Human Immunodeficiency Virus (HIV), unwanted pregnancies, maternal mortality and morbidity, as a consequence of gender-based sexual violence. Access to sexual and reproductive health is a fundamental human right that is central to achieving the 2030 Agenda as emphasized in the Sustainable Development Goals in relation to good health and wellbeing, and gender equality. The paper aims at inquiring into the limitation of access to reproductive rights by internally displaced women. It adopted a doctrinal research methodology. The research has shown that during crises and war, availability of health care services including sexual and reproductive health services are limited. Hence, internally displaced women are left with no choice than to seek important sexual and reproductive health care services from local midwives and patent medicine vendors. This article reviews the impact of crises and internal displacement on women’ access to sexual and reproductive health care services including the numerous challenges that occur. The paper finds that there is urgent need to sincerely and progressively expand access to essential health services that are made available to internally displaced women to include an integrated package on sexual and reproductive health care, specifically tailored to meet women needs.</p> Oluremi Savage Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215390 Fri, 01 Oct 2021 00:00:00 +0000 Addressing the environmental rights of the Niger Delta States through governments’ social responsibility https://www.ajol.info/index.php/naujilj/article/view/215394 <p>Environmental Rights depict access to the unspoiled natural resources that enable survival including land, shelter, food, water and air. It is any proclamation of a human right to environmental conditions of a specified quality, human rights and the environment. Chapter II of the Constitution of Federal Republic of Nigeria, 1999 in its fundamental objectives and Directive Principle of the State Policy directs the state to protect and improve the environment and safeguard the water, air, and land, forest and wildlife of Nigeria. This is so, notwithstanding its non-justiciable attributes. But the right to ownership and control of natural resources under the said Constitution as Nigerian law is constitutional. Basically, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in its section 44(3) and item 39 schedule II of the Exclusive Legislative List vests the control and management of the natural resources and hydrocarbon operations on the federal government for the common good and benefit of the citizens. However, these resources are within the physical and environmental areas of the Niger Delta who feel the impacts of their exploration, production and mining and therefore, deserve protection. This paper aims at appraising the above Constitutional provision along with environmental protection laws in Nigeria especially the New Petroleum Act to seeing how the Federal Government has been socially responsible to the Niger Delta States under whose environment the Federal government of Nigeria’s 90% of Foreign and gross earnings are obtained. The paper adopts the doctrinal research method using primary and secondary sources of law. The paper recommends the option of social responsibility on the part of the Federal Government. This will compel cooperation from the Niger Delta States.</p> Livinus Ifeatu Nwokike Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215394 Fri, 01 Oct 2021 00:00:00 +0000 Addressing the human rights abuses occassioned by the coronavirus lock down https://www.ajol.info/index.php/naujilj/article/view/215397 <p>The security service of any nation is an integral part of the society that cannot be dispensed with, and their responsibilities in regard to securing lives and properties cannot be overemphasized. It is discouraging and an impediment to a nation when the ones that are bound to protect her citizens turn around to be a threat to their safety. This paper discusses some of the constraints on efforts to formulate comprehensive approach required to discourage human rights abuses and extra-judicial killing by Nigeria Security Operative, using the period of Coronavirus lockdown as a case study. The paper aim at emphasizing the salient point concerning lacuna created by the newly amended Nigeria Police Act and Constitution of Federal Republic of Nigeria 1999 (as amended) on issues of human rights protection. Doctrinal method was adopted in data collection and analytical approach used in reviewing the extant laws, and judicial decision and opinion of experts on human rights abuses in text books, articles and internet source. Through research findings, the matters of extra-judicial killings by Nigeria police is slowly becoming a yearly tradition that need to be eradicated.</p> Afam Christian Ezeigwe Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215397 Fri, 01 Oct 2021 00:00:00 +0000 Identifying phishing as a form of cybercrime in Nigeria https://www.ajol.info/index.php/naujilj/article/view/215400 <p>Phishing is one of the oldest and most flexible types of social engineering attacks and could be used in many ways, and for different purposes, to lure unwary users to sites and trick them into entering personal information. This paper is written with the purpose of educating the public about phishing as a form of cybercrime. It adopts the use of doctrinal research methodology in analyzing phishing as a form of cybercrime, discussing its historical development, techniques and its criminalization under the Cybercrime Act in Nigeria. The paper further highlights the various ways of identifying messages that are phishing in nature. Aside from the general conclusion, the paper enumerates some of the things which a person can do when confronted with an attempted phishing scam. The paper recommends that the general public should be more suspicious of all electronic communications and websites especially those communications which were not initiated by them.</p> Abiodun Ashiru Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215400 Fri, 01 Oct 2021 00:00:00 +0000 Review of the impacts of poverty on access to justice in Nigeria https://www.ajol.info/index.php/naujilj/article/view/215407 <p>Over the years, successive Nigerian constitutions have guaranteed the citizens right of access to justice. Access to justice when viewed literally is an opportunity an individual has to approach the court of law to ventilate his grievances against an individual or government. Generically, access to justice means more than merely accessing the court of law but include equal opportunity that citizens have to access political order and available resource in a given society. In Nigeria, despite the constitutional provision for citizens to access justice, so many factors work against realization of same. Among the factors is poverty. The objective of this paper is to review the impacts of poverty on access to justice in Nigeria. The paper was commenced by reviewing the relevant provisions of law that provide for access to justice in Nigeria. For this purpose, the paper adopted a doctrinal research method. It was discovered among others that inequality in the distribution of the nation’s wealth coupled with the lip service that successive governments had paid on human capital development over the years contributed to wide margin in poverty line in Nigeria. This in turn slowed down the pace for which Nigerians access justice. It was based on the foregoing that recommendations were made.</p> Igwe Onyebuchi Igwe , Agbor Bassey Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215407 Fri, 01 Oct 2021 00:00:00 +0000 The political and legal implications of Nigeria land border closure and big brother role in Africa https://www.ajol.info/index.php/naujilj/article/view/215411 <p>Nigeria has for long enjoyed good diplomatic, economic, political, security and social relationship with her immediate neighbouring countries like Chad, Benin, Cameroon and Niger and has always maintained a big brother status over its neighbours. Owing to insecurity, smuggling and criminal activities, the Nigerian government ordered the immediate closure of her land borders with the neighbouring countries on August 19, 2019, disallowing movement of in and out of goods and services via the land borders. The closure seemed to be straining Nigeria’s relations with her neighbours and has been met with strong oppositions by the neighbours casting a shadow over the newly enacted ECOWAS free trade agreement, which seeks to scrap restrictions on trade among African Countries. The paper aimed to appraise diplomacy and diplomatic relationship of Nigeria with her closed countries. It gave reasons for the emergence of African Continental Free Trade Agreement (AfCFTA) and World Trade Organisation (WTO). The paper adopts a doctrinal research methodology and employed the use of newspapers, monographs, unpublished works, statutes, treaties, conventions, textbooks, journals, articles and internet among others were consulted in arriving at its target. The paper exposed and enumerated the merits and demerits of the Nigeria land border closure with her neighbouring countries. It also analysed the short and long-term implications of the land border closure on Nigeria’s relations with her neighbours. It recommends that Nigeria should strengthen her internal institutions, social fabrics and, and stabilize her borders, to make Nigeria’s economy better for her citizens and the country at large. There should be a well-organized alignment and coordination at a regional level (i.e. at the West African sub-regional level); to control a border from only one side is virtually impossible. Therefore, Nigeria’s diplomatic relations and foreign policy towards her immediate neighbours needs to be geared towards ensuring the boarders are closely policed.</p> Adeyemi O. Omodele Copyright (c) https://www.ajol.info/index.php/naujilj/article/view/215411 Fri, 01 Oct 2021 00:00:00 +0000