Thesis and Dissertations

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Browsing Thesis and Dissertations by Author "ABUBAKAR, ALI JATAU"

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    AN APPRAISAL OF THE RELEVANCE OF INTERNATIONAL CONVENTION TO NIGERIA
    (Department of Public and International Law, Nasarawa State University, Keffi, 2019-11-12) ABUBAKAR, ALI JATAU
    Convention is a consensual engagement which subjects of International Law have undertaken towards one another with the intent to create legal obligations under international law. Convention may be bilateral or multilateral in nature. The dualism and monism theories was analyzed to identify the relationship between convention and municipal law with a view to trace the status of convention in the hierarchy of laws in Nigeria. Section 12 of the Constitution of Federal Republic of Nigeria, 1999 (As Amended) provides for the requirement by the National Assembly to domesticate any convention ratified by Nigeria before it will have the force of taw in the country. However, Section 254(c)(2) of the same Constitution of Federal Republic of Nigeria, 1999 (As Amended) empowers the National Industrial Court to apply and enforce any convention ratified by Nigeria that relates to labour matters notwithstanding the nondomestication of the said convention. Similarly, the procedure for ratifying convention have been analyzed ranging from negotiation, signing and ratification and the procedure for domesticating convention in compliance with Section 12 of the Constitution of Federal Republic of Nigeria, 1999 (As Amended) was also considered in this thesis. Challenges facing domestication of convention in Nigeria was also identified to wit: the dualist approach of Nigeria, legislative bottleneck, nonparticipation of the legislature during negotiation of convention, bureaucratic procedure for domestication and poor documentation. The relevance of convention to Nigeria was also considered in this thesis which include but not limited to; Political, Security and Economic relevance. The role of convention in bridging the gap and expanding the frontiers of Nigeria Legal System was also analyzed. This thesis also take into account the role of convention in assisting the Courts during interpretation and it serves as a guide to the National Assembly during the process of making law. The doctrinal method is adopted to analyze the volume of data used in this research work and amendments of the Constitution of Federal Republic of Nigeria, 1999 (As Amended) and Treaties (making process etc.) Act Cap.TIO Laws of the Federation of Nigeria, 2004 was recommended so that Nigeria will meet up with its international obligations.