Nnamdi Azikiwe University Journal of International Law and Jurisprudence

Realization of rights of host community under Nigerian mineral and mining act 2007 to foster sustainable community development

Oluwabunmi Temitope Akinleye — Fri, 05 May 2023 00:00:00 +0000

To achieve sustainable development in a host community (HC) where mining operations are active, Nigerian Mineral and Mining Act (NMMA) accorded some rights to the people of the communities. These rights are not just basic rights to physical survival but include rights towards empowerment for community development focusing on economic, political, social and environmental issues so as to maintain the community’s identity and existence as unique people. Despite the fact that these rights are well established in NMMA, the realisation of which has proved difficult to achieve as mining activities in the various communities have seriously deprived the people of their rights. Full realisation of the host community’s rights are lacking because of some lapses and inconsistencies discovered in the provisions of the Act which greatly debarred the people from getting proper accountability from the mining companies for illegal activities carried out on their territories. Lack of enforcement policies to protect the rights, weak/ dependent regulatory bodies were also found to be responsible for these reckless activities that go on unchecked thereby culminating into various damages affecting the communities. In view of this therefore, this article thoroughly examined and analysed the provisions of NMMA on the rights of HC to determine how adequate the Act is to actualise, enforce and protect the rights of HC towards a sustainable community. Relevant literature was consulted from various journal and textbooks. Based on the facts collected, recommendations made include proper review and necessary amendments to be made in the Act for actual implementation to protect and enforce HC’s rights towards sustainable community developments.

Ease of doing business: A critical examination of the business (miscellaneous provisions) facilitation act 2023

Ngozi Chisom Uzoka, Onyeka Christian Aduma — Fri, 05 May 2023 00:00:00 +0000

The need to create a safe and conducive environment for businesses to thrive is one of the hallmarks of a good government for businesses to grow, government committed to removing bureaucratic barriers to trade and investment, will consequently increase government revenue. The aim of this paper is to examine and appraise the Business Facilitation (MiscellaneousvProvision) Act 2023 signed into law by President Muhammadu Buhari. The varticle espousedvthe innovative changes as well as looking at the previous provisions of the amended laws. Thevdoctrinal method of legal research was vadopted. The primary and secondary sources of datavwere also used. It was found that the Business Facilitation Act 2023 amended twenty-one (21)vbusiness related laws, thereby removing bureaucratic constraints to doing business in Nigeria.vThe paper therefore recommended amongst others, vthat businesses should adopt these keyvinnovative provisions of the law to further promote the ease of doing business Nigeria.

Persistency of the reprehensible cultural practices against widows of the widowhood classes in Nigeria: Legal analysis

Adekunle James Adedara — Fri, 05 May 2023 00:00:00 +0000

Nigeria is among the African Countries that value her cultural practices particularly on the widowhood practice. Despite the existence of the various legal instruments such as the Constitutional provisions, States Laws, judicial pronouncements, international treaties or Conventions which Nigeria are signatories to among other things that all prohibit the application of the reprehensible cultural practices against widows. The widows are still facing
painful and harmful treatment being meted out to them immediately after the demised of their husbands which often cover their mourning period and even after. The Nigerian Societies hold tenaciously to these reprehensible cultural practices against widows to the extent that laws have little or no impact on these practices. It is against this backdrop that this article examines persistency of the reprehensible cultural practices against widows of the widowhood classes in Nigeria: legal analysis. It is the recommendation of this study that women need to be sufficiently informed on their rights before, during and after their mourning rites to avoid being subjected to the reprehensible cultural practices against widows in Nigeria.

Contempt and perjury as offences against the administration of justice in Nigeria

Ngozi Eunice Emeka — Fri, 05 May 2023 00:00:00 +0000

Crimes against the administration of justice impede the government’s ability to carry out the important functions of prosecuting and convicting criminals, which in turn destroys citizens’ confidence that the Nigerian Legal system is effective in ensuring individual safety and security. Perjury and contempt are one of such crimes against the administration of justice. While contempt of court is the disobedience of court orders in Nigeria, Perjury, the crime of lying under oath is an offence that derails the fundamental goal of the justice system. It is a charge often threatened but rarely used. For there to be a smooth running of government undera democratic dispensation, there must be respect for the judiciary as an institution with full legal clothing from the Constitution and other legislative enactments made pursuant thereof. Disregard for the orders and judgment of a court surely does no good to the rule of law and democratic process; instead anarchy and impunity become the order of the day. This paper examines contempt of court in Nigeria; it also identifies the common reasons for filing a contempt of court action. The paper finds that despite the fact that the offence of Perjury and the sanctions for breach of the offence has been clearly spelt out under our criminal law, lawyers have failed to enforce same and as such witnesses and deponents have intentionally and wilfully continued to base their testimonies on falsehood and lies which have occasioned substantial injustice, resulting in miscarriages of justice. It is for this reason that this article also analyzes the offence of perjury in Nigeria and United States and further emphasizes on the need to enforce it for lawyers and the general public.

Cultural and legislative constraints militating against women's rights in Nigeria: The way forward for a more inclusive protection

Mary Imelda Obianuju Nwogu, Alma Nneka Okonkwo — Fri, 05 May 2023 00:00:00 +0000

Nigeria is a country with an estimated population of 200 million people and about half of the population are females. With widening global human rights concerns, women's rights are at the forefront of discourses around the world. Even though, the 21st century has seen changing attitudes towards the rights of women, there is still much to be desired on the protection and enforcement of rights of women around the world. The discriminatory practices against women in many Nigerian communities are deeply entrenched. Cultural prejudices towards women and the stereotyping of social roles on the basis of gender are institutionalized in the Nigerian legal system. This Paper examined the cultural and legislative constraints impeding women's rights in Nigeria. The patriarchal nature of the Nigerian society in addition to gaps in existing laws on women's right have contributed enormously in denying women access to services, facilities, information and platforms which men have access to. Also, providing solution for the strengthening of the existing legal framework on women's rights in line with international best practices. The research methodology used in this research is doctrinal methodology which involved the library reading of primary and secondary sources of law such as statutes, case law, journal articles, textbooks and internet sources and analyzing same. This work has found that patriarchy as well as lacunas in existing Nigerian legislation continues to inhibit the equal, adequate and necessary protection of women's rights. Consequently it is recommended that government should direct its policies towards protection of women's rights; domesticating already ratified international instruments that promote and protect gender equality as well as eschewing patriarchal practices that are detrimental to enjoyment of women's rights would advance the enforcement and protection of women’s rights in Nigeria.

Right to cultural development: Real or myth in Nigeria

Igwe Onyebuchi Igwe, Chinazor Queen Umeobika — Fri, 05 May 2023 00:00:00 +0000

Culture is as old as man’s existence on earth. It is the nucleus of existence and represents the way people dress, eat, greets, dance, speak, worship, celebrate festival, and pronounce words among others. Over the years, some cultural practices in Nigeria have gone into extinction as a result of modernization, civilization, politics and religion. As a result of the above, crimes that were hitherto rare among the indigenous people of Nigeria permeated into villages, communities and towns. The consequence of the above is that insecurity began to have multiple effects on all facets of Nigerian lives. This paper was commenced by digging into reality or otherwise of the right to cultural development in Nigeria. This was done through doctrinal research method. At the end, it was discovered that the challenge to the right of cultural development in Nigeria rests squarely on its non-justiceabilty under the Nigerian Constitution. This is against the backdrop that African Charter on Human and Peoples Rights had been domesticated in Nigeria, yet by the superiority of the Nigerian laws, African Charter on Human and Peoples Rights (Ratification and Enforcement) Act is subject to the provision of Nigerian Constitution. It was based on the above that recommendations were made to wit: further amendment to the Constitution of the Federal Republic of Nigeria 1999 by making some community rights like right to cultural development justiceable, extension of the preservation, protection and promotion of cultural heritage to villages and communities, among others.

The impact of COVID-19 on the legal profession in Nigeria

Chi Johnny Okongwu, Simon Ejokema Imoisi, Ezinwanne Anastasia Nwaobi — Fri, 05 May 2023 00:00:00 +0000

The aim of this paper is to critically examine the impact of COVID - 19 on lawyers in Nigeria, positive or negative, identify the general implications and possibly proffer solutions. This paper exists to reveal the vulnerability of lawyers in Nigeria and the legal profession in the face of the COVID -19 Pandemic lockdown and unless something apt and drastic is done and seen to be done, the challenges will remain the same. The digitalization of lawyers and the legal profession is very much needed and should by greatly encouraged to enhance speedy improvement and progress in the legal system and justice delivery.

Protection of victims of human trafficking in Nigeria

Oluwakemi Omojola — Fri, 05 May 2023 00:00:00 +0000

Protection of victims of human trafficking is an important aspect in the fight against the menace of human trafficking. Aside from being vulnerable and traumatised by the unpalatable experiences, they are more often than not the primary source of evidence in the prosecution of their traffickers. During investigation and prosecution, victims are reluctant to cooperate because of fear of reprisals against them and members of their families. The aim of this paper is to examine the protection accorded victims of human trafficking in the criminal justice system and finds that victims of human trafficking are not adequately protected during investigation and prosecution. Consequently, they are unable to effectively reintegrate into the society and support the criminal justice system as witnesses. The paper concludes that effective protection can be achieved through increased funding, informed courts and other useful recommendations.

Population glut as impediment to food security in Nigeria: The way out

Ibingo Inyo Evans — Fri, 05 May 2023 00:00:00 +0000

Nigeria which used to have food surplus - enough for total domestic consumption and a remarkable excess for export – is now facing food insecurity to the point of depending more on importation than local production. Apart from the myriad of factors militating against domestic food production, one of the major extraneous challenges is the rapid population growth in the nation which has defied all strategies applied to strike an equilibrium between them over the years. The aim of this study was to analyse the factors underlying population explosion in Nigeria with a view to ascertain the strength of their impact on sustainable food consumption in this age. It also focused on the forces decelerating progress in food production to overcome the recurring insecurity. The research found that, principally, the massive demographic rise in the country is caused by lack of an effective population policy, excessive births, reduced death rate and inclination to beliefs. The situation is aggravated by continuous neglect of the agriculture sector. The study therefore recommended, among others, that stern measures be taken to stop further explosion of the population including influx of illegal immigrants, a procreation enlightenment campaign programme be launched to cover the entire country, and a religious education be carried out by blending the natural child-bearing right with divine obligation to cater for the children. In addition, during this interval, food production should be improved to cover the gap.

Pro-justiciability approach towards enforcing the provisions of chapter ii of the constitution of the Federal Republic of Nigeria 1999

Odinakachukwu E. Okeke — Fri, 05 May 2023 00:00:00 +0000

Chapter II of the Constitution of Federal Republic of Nigeria 1999 contains what are captioned the “Fundamental Objectives and Directive Principles of State Policy”, which, prima facie, are guidelines to the government of Nigeria to promote democracy, social justice and order. The said fundamental objectives and directive principles appear to encompass social inclusiveness with a view at reducing socio-economic and political inequality in status and opportunities in Nigeria. In other words, economic, social, and cultural benefits/rights are found in Chapter II of the Constitution. However, it is found by the researcher that despite the “Fundamental Objectives and Directive Principles of State Policy” which ought to induce a legal duty from the State to provide economic, social, and social benefits/rights, these provisions appear unfortunately to be unenforceable by the Courts in Nigeria in the light of the ouster clause in Section 6 (6) (c) of the Constitution of Federal Republic of Nigeria 1999. This Paper enquires into the legal viability and posits the legal possibility of a pro-justiciability approach towards enforcing the provisions of Chapter II of the Constitution of the Federal Republic of Nigeria 1999. It is recommended inter alia that there should be an urgent review and alteration of the extant Constitution of Nigeria for the purpose of casting out every contradiction and provision which hinders or obscures the smooth justiciability of those commendable provisions contained in Chapter II of the said extant Constitution of Nigeria.

The impact of drug abuse on Igbo culture and youths in Nigeria: A legal appraisal

Nneka Umejiaku, Rose A. Enemchukwu, Odinakachukwu E. Okeke — Fri, 05 May 2023 00:00:00 +0000

Drug abuse is a global concern that cuts across many jurisdictions such as Africa, United States of America and United Kingdom. Socially, more than 20 million youths and children have dropped out of school in Nigeria as a result of drug abuse. The impact of drug on Igbo youths and children cannot be over emphasized because of its negative impact in every sphere of the society. The aim of this study is to analyze the factors that exacerbate drug abuse in Nigeria and examine the impact of drug abuse on Igbo youths and advocate for the protection of their rights and development of nations. The authors adopted qualitative and quantitative method of research to arrive at their findings while the approach is both comparative and analytical. The work x-rayed various legal and institutional frameworks for regulation of drug use in Nigeria. The study showed that despite plethora of legal and institutional frameworks, that drug abuse still persists. Further, the work revealed that there is a serious nexus between drug abuse and crime, hence abatement of drug abuse will reduce crimes such as terrorism, kidnapping et cetera. Furthermore, the work discovered that drug abuse has serious health, social, economic and cultural implications. Drug abuse destroys the economy of nations because it truncates the potentials of youths who ought to be the drivers of the economy. It is observed that many youths who take drugs equally engage in all manner of crimes. Apart from that, it is notable that the Igbo tradition discriminates against drug victims thereby restricting them from accessing medication. Accordingly, the work recommends review and implementation of extant laws such as, Constitution of the Federal Republic of Nigeria 1999, National Drug law Enforcement Agency Act, National Agency for Food and Drug Administration and Control Act et cetera. In fact, effective collective collaboration is germane to creating awareness on the negative impacts of drug abuse.

Assessing the limitations and exceptions to copyright infringement: South Africa in perspective

Temitope O. Oloko — Fri, 05 May 2023 00:00:00 +0000

Flowing from the previous paper¹ this part deals with the South African aspect of the paper and the comparative analysis of both countries. This paper presents a completion of the comparative examination of the limitations and exceptions to copyright infringement in Nigeria and South Africa with a focus on South Africa. Copyright law is essential for promoting creativity and innovation, but it also restricts the use of copyrighted works by others. Therefore, limitations and exceptions to copyright infringement are crucial for balancing the interests of copyright owners and users. This study analyzes the legal framework for limitations and exceptions to copyright infringement in Nigeria and South Africa, considering their historical development and current application. The study also identifies similarities and differences in the legal provisions and their interpretation by the courts. The analysis reveals that both countries have adopted similar limitations and exceptions, such as fair use and educational use, but the scope and interpretation of these exceptions differ. The paper concludes that the issue of copyright limitation and exception carries a lot of weight; they are necessary in this part of the world where access to educational material can be a challenge.

Protecting the one earth: An examination of the legal and institutional frameworks on environmental protection in Nigeria

Fri, 05 May 2023 00:00:00 +0000

The protection of the environment is one of the most fundamental factors that guarantee the quality of human health. It thus means that the safety of the environment impacts the life span of the people and determines the safety of humanity generally. One of the most fundamental challenges facing Nigeria, especially since the 1950s when oil was discovered is environmental protection. The interactions among the people within their environment have been blamed for these environmental challenges. Human activities such as gas flaring, deforestation, oil spillage, and desertification, amongst other things, have been identified as agents of destruction of the environment. This article seeks to examine the legal and institutional frameworks on environmental protection in Nigeria to ascertain the adequacy of these legislations and institutions to tackle environmental challenges. The research adopts a qualitative research methodology using a doctrinal method of legal research. The research finds the laws on environmental protection in Nigeria, the laws are docile and inoperative due to the failure of the institutions set up for environmental management to wake up to its responsibility. The research, therefore, recommends proper overhauling of the institutions and amendment of some of the laws to meet the increasing danger of environmental pollution.

Shareholder/stakeholder dichotomy and the directors’ duties

John Arinze Eze — Fri, 05 May 2023 00:00:00 +0000

The government of a number of countries are currently finding it difficult to provide the social needs of its citizens. Some people are therefore on the look-out whether there is any institution or organisation that will help the government in providing some of these basic needs of the society. Big commercial companies, in the present day world, appear better suited to assist in that direction based, amongst others, on their proper organisation, wealth and resources at their disposal, as well as power and influence they wield and exercise. There, however, appears to be an impediment on the big companies’ (which are widely perceived to be economic entities) chances of discharging these social or societal needs – the duties of the board of directors which both under the common law and by virtue of the corporate legislation of many countries, are framed in such a way to favour the board’s concentration on the maximisation of the shareholders’ interests which therefore appears to hinder the board’s discharging of the company’s wider responsibilities. Currently, however, there is ongoing heated debate or argument for a shift from this orthodox shareholder primacy approach to a wider or broader stakeholder approach. Adopting a doctrinal research methodology, this work considered some of the arguments in support of the shareholder primacy and those in support of a shift from the status quo and concluded that there is a need to lessen the board’s over-concentration on the interests of the shareholders with due attention paid to the non-shareholding stakeholders’ interests.

Cameroon’s liability for downstream damage by waters from its Lagdo dam

Chike B. Okosa — Fri, 05 May 2023 00:00:00 +0000

Contemporary conception of sovereignty as both a right and a duty is best exemplified within the framework of state responsibility for injurious extra- territorial effects of lawful acts executed within a local territorial jurisdiction. Recurrent damage caused in Nigeria by flooding resulting from Cameroon’s operation of its Lagdo Dam provides the context for this paper which seeks to establish a framework for Cameroon’s liability for downstream damage caused by waters from its Lagdo Dam. This paper examined theories of riparian rights and found that despite existence of the theories of absolute territorial sovereignty, absolute territorial integrity, and theory of prior use, the principle of good neighbourliness currently provides the overarching structure for the relationship of riparian states inter se. The paper examined the rights and duties of riparian states and found that in accordance with the principle of good neighbourliness, the basic rule for utilization of international rivers requires that such use must be in a manner which is not detrimental to other riparian states. The paper considered the basic principles of state responsibility and disclosed that every internationally wrongful act of a State entails international responsibility of that State. From this perspective, the paper looked at the basis for Cameroon’s liability for downstream damage caused by operation of its Lagdo Dam, and found a clear basis for attribution for injury, damage and damages suffered in Nigerian territory by Cameroon’s imprudent exercise of its sovereign powers within its territory. The paper concluded that Cameroon has a duty to immediately refrain from causing further downstream damage, and this duty is not dependent on whether a demand to that effect is made by Nigeria. Cameroon also has duty to make reparations. This duty is however dependent on a demand by Nigeria.