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Open Access
ACCESS TO JUSTICE FOR PERSONS LIVING WITH DISABILITIES INNIGERIArlSSUES, CHALLENGES, AND PROSPECTS
(Department of Public and International Law, Nasarawa State University, Keffi., 2017-05-21) Aliyu, Halima Doma; Okoronkwo, Suleiman Chuks; Suleiman, Rilwanu
Open Access
ADVANCED LEGAL RESEARCH METHODOLOGY: PRACTICE AND PROCEDURE
(Department of Public and International Law, Nasarawa State University, Keffi., 2022-09-04) Aliyu, Halima Doma
Open Access
ANALYSIS OF THE LEVEL OF COMPLIANCE AND ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW RULES IN THE BOKO HARAM CONFLICT
(Department of Public and International Law, Nasarawa State University Keffi, 2021-04-06) Aliyu, Halima Doma; Epu, Alexanda A.
In violations of International Humanitarian Law committed by both State and non-State parties, civilians are usually victims of armed conflicts. While the nature of states and their obligations under international law is well established, the implementation and enforcement of international law, is often difficult. This situation is especially true to IHL, where implementation and enforcement is often voluntary, and there are no obligatory means for dispute settlement or enforcement of the law. Consequently, more than 150 years after the adoption of the 1864 Geneva Convention, armed conflicts continue to cause tremendous suffering to humans and the environment. This suffering is particularly disconcerting because it could be avoided with compliance with the rules of IHL. Against the foregoing background, this paper analyses existing literature by reviewing books, reports, published articles, official documents, etc to understand Nigeria’s obligations under IHL with particular reference to the Nigerian Boko Haram conflict, even though the Federal Government continue to describe the conflict as an insurgency. Findings are made on challenges to the respect and enforcement of IHL rules by the Nigerian armed forces, and recommendation to the effect that in order to ensure that IHL continues to perform its protective function in situations of armed conflict, it is pertinent to respond to these challenges, not only legally, but also morally and politically.
Open Access
AN APPRAISAL OF THE RIGHTS AND DUTIES OF MEMBERSHIP AND REPRESENTATION IN THE INTERNATIONAL LABOUR ORGANIZATION
(Department of Public and International Law, Nasarawa State University, Keffi., 2015-05-10) Aliyu, Halima Doma; Okoronkwo, Suleiman Chuks
The International Labour Organization is a universal public International Organization established to improve the conditions of labour among the peoples of the world. Membership of this very important organization is highly sought after. The fact of membership attracts privileges and rights, as well as duties for its Members. Representation in this Organization also occurs as a consequence of membership. However, membership of this organization is often controversial because it appears that apart from the legal conditions enshrined in the ILO Constitution regarding membership and related issues, politics, ideology, and sentiments often play crucial roles when decisions on applications for membership are being considered. The aim of this paper is to unravel why this unsatisfactory and worrisome state of affairs exists, and to offer suggestions targeted at correcting this situation.
Open Access
ARE THE PROVISIONS FOR MEMBERSHIP IN THE UNITED NATIONS CHARTER EXHAUSTIVE?
(Department of Public and International Law, Nasarawa State University, Keffi., 2015-01-30) Okoronkwo, Suleiman Chuks; Aliyu, Halima Doma
Membership of international organizations represent a key and topical area of legal discourse, considering their relevance in today's globalised world. This is because rights, privileges, duties and liabilities flow from the fact of membership of these organizations. The United Nations organization is a universal international organization positioned to foster close cooperation among countries of the world and to maintain international peace and security. Membership of such an organization is therefore very important for various reasons. It is found however that despite the existence of legal conditions prerequisite to membership in the United Nations in its charter, on a number of occasions', fulfillment of these conditions by intending members, is not enough to gain them admission into the organization. This is because extra-legal conditions and/or considerations dictated by politics, ideology and sentiments, play an important and some times decisive role. This has created controversies, rancor and hostilities, and affected adversely the work of the organization. This paper attempts to unearth the problematic and grey areas of membership and related issues in the United Nations, and to offer possible ways of addressing the problems identified.
Open Access
Certification of Islamic Marriages in Nigeria: Realities, Challenges, and Solutions
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-06-10) Aliyu, Halima Doma
The Nigerian Constitution guarantees the rights to have a family life, and freedom of religion. To this end, it recognizes three forms of marriage, namely customary marriage, Islamic marriage, and statutory marriage. While statutory marriage is required to be registered by law, there is no law necessitating the registration of customary or Islamic marriages. Yet in recent limes, statutory marriage has gained popularity amongst Nigerians regardless of cultural or religious affiliations. This development is linked to modernization, the requirement to prove marriage for official transactions, and a perceived protection that documentation from the inarriage registry offers against sociolegal challenges such as guardianship of children, increase in interfaith znarriages, immigration, protection against arbitrary divorce, etc. Thus, it is now common to find couples who may have contracted customary or Islamic marriage combining it zuith statutory marriage thereby giving rise to a multi-tiered or double-decker marriage zuhich. seems to have emerged as a fourth type of marriage in Nigeria. Drawing on current literature and empirical research using qualitative methods, this study examines the systems of marriage in Nigeria zuhile placing the spotlight on Islamic marriages that are accompanied by statutory marriage. The pattern of marriage registration among the Muslim community is investigated in order to understand its possible link zuith the grozuing popularity of multi-tiered marriage among Muslims in Nigeria. The study then reflects on the legal implication by probing potential conflict situations between certain provisions of the Marriage Act and basic ideals of Islamic lazu. It concludes
Open Access
DEVELOPING A CYBERLAW CURRICULUM FOR NIGERIAN UNIVERSITIES
(Department of Public and International Law, Nasarawa State University, Keffi., 2014-06-29) Okebukola, Elijah Oluwatoyin; Abdulkarim, Abubakar Kana; Essien, Isaac J.; Aliyu, Halima Doma
This paper identifies the contents of existing courses in relation to those of cyberlaw. This exercise demonstrates that certain areas in cyberlaw are already in existing courses. Notwithstanding, the paper will analyse contemporary legal and social needs with a view to justifying the introduction of cyberlaw. This analysis will be in the context of topics, issues, areas, rules and principles that are relevant to cyberlaw but not contained in existing courses. Finally, the examination of certain computer-related courses demonstrates how they are either subsumed by or distinct from cyberlaw. Apart from the main matters, the paper addresses relevant but fringe questions such as the appropriate spelling of the proposed Should it be ‘cyberlaw’, or ‘cyber law’?
Open Access
Emerging Trend Of Spousal Violence In Contemporary Nigeria
(Department of Public and International Law, Nasarawa State University, Keffi., 2020-02-23) Peter, Sesan A.; Aliyu, Halima Doma; Baamshal, Isabel
Spousal violence is a global social problem chat has no territorial, gender, class or religious boundaries, Despite its high incidence, spousal violence in Nigeria is perceived with gender bias: it is mostly associated with men regardless of documented cases offcmaleycrpetrated violence. This paper therefore examines the phenomenon holistically with a view to .. identifying the factors responsible for the increase in spousal violence in Nigeria, the conflict resolution mechanisms , employed in curtailing spousal abuse, and how to reduce spousal violence in Nigeria. This study employed secondary .sources. of data collection The findings show that female violence against their spouses or partners has become prevalent in contemporary Nigeria. The causative factors include the high level of poverty in the country, psychological disposition, revolt against unhealthy cultural practices and power structure, social media influence, peer group and extended family influence, / disrespect for elders and cultural leaders, substance abuse by women, and the penchant for modem methods of conflict resolutions as opposed td more effective traditional methods, among which mediation stands out. The study recommends, among others, that spouses should learn to collaborate as partners in progress in building their families instead of competing 1 for dominance or authority. The religious and cultural perception of power structure in the family should be such that ho partner is regarded as subservient or inferior. Traditional methods of conflict resolution should be promoted to build lasting . peace in the family, which is the microcosm of society.
Open Access
ENHANCING JUSTICE ADMINISTRATION IN NIGERIA THROUGH INFORMATION AND COMMUNICATIONS TECHNOLOGY
(Department of Public and International Law, Nasarawa State University, Keffi., 2016-04-11) Aliyu, Halima Doma
Open Access
Enhancing the Right to Education to NIgerian Strategic Legal Mechanisms
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-10-18) Aliyu, Halima Doma
Nigeria is known to be the most populated nation in Africa, and the seventh most populous country in the world. It is also noted for having the highest number of out of school children in the world (13.2 million); a clear indication of its failure to respect the right to education enshrined in Article 26 of the United Nations Declaration of Human Rights of December 1948, and other Economic, Social and Cultural (ESC) norms which provide for the foundations of a respectable quality of life. The necessities of life encompass, at-a minimum, the rights to adequate nutrition, housing, health, and also education, which is both a human right in itself and an indispensable means of realizing other human rights. In spite of Nigeria's commitment to international and regional instruments on ESC rights; and the recognition given to these issues in the Constitution, the same constitution only recognizes ESC rights as directives of state policy and does not accord them the status of fundamental human rights, while at the same time doing so in the case of Civil and Political rights guaranteed in its Chapter IV. Furthermore, Section 6 (6) (c) of the Constitution is to the effect that issues contained in the said Chapter II are not justiciable in the courts, except to the extent that they are rendered justiciable in statutes. Accordingly, the justiciability of ESC rights has been the topic of much academic and institutional debate generally, and the objections to the justiciability of ESC rights have, for a long time, effectively precluded many judicial institutions from protecting ESC rights and ensuring that victims of all human rights violations are guaranteed access to effective remedies. Recent jurisprudence however indicate that the tide seems to be changing with proactive laws, strategic litigation and judicial activism. It is in the light of the foregoing that this paper examines and analyses judicial reaction towards the right to education in Nigeria. The paper uses doctrinal method and content analysis of Nigerian statutes, case law, and relevant literature.
Open Access
Evaluating the Multi-Door Courthouse System in Nigeria: Issues, Challenges and Prospects
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-11-28) Aliyu, Halima Doma
It is widely believed that the effectiveness of any judicial system is gauged by its aptitude to provide timely and appropriate j'ustice to parties in a dispute. Unfortunately, the Nigerian Justice System cannot claim such effectiveness because it is perceived to be overburdened, sluggish, expensive, and complex. Faced with this unfavorable situation, many Nigerians (particularly the poor and vulnerable), are unable to successfully obtain justice through the formal system. Consequently, this continues to undermine public confidence in the Nigerian judicial system. In response to the foregoing, the justice system is being reformed, and a major initiative incorporated to this end is the use of Alternative Dispute Resolution (ADR), and the establishment of Multi-Door Courthouses (MDC) to supplement the work of conventional courts. Presently, sixteen (out of 36 States), and all the federal courts in the country have embraced this dispute resolution strategy. Yet, despite these efforts, there seems to be no significant improvement from the status quo. This article illuminates the factors militating against the seamless operation of a viable MDC system in Nigeria. The article first considers the importance of access to justice in a democratic society, while reflecting oTrthe basic problems with the justice system in Nigeria. It then considers the concept of Multi-door Courthouse as a sustainable response to these problems, before drawing on current empirical research to highlight the successes and challenges of the MCD initiative in Nigeria so far. The article concludes by proffering solutions
Open Access
An Evaluation of The Court’s Response Towards Refusal or Failure to Certify Public Documents
(Department of Public and International Law, Nasarawa State University, Keffi., 2017-09-28) Kutigi, Abubakar; Aliyu, Halima Doma
Open Access
EXAMINATION OF THE ROLE OF NIGERIAN COURTS IN ADR PROCESS
(Department of Public and International Law, Nasarawa State University Keffi, 2021-01-06) Shehu, Ibrahim; Zakari, Mohammed Yaro; Aliyu, Halima Doma
In recent years, the use of ADR has expanded in Nigeria. The courts have embraced ADR as a form of case management and to that end, parties are actively encouraged by the courts to explore mediation and other forms of ADR. The objective is not only to decongest the dockets, but also to avoid the worry, time and cost associated with litigation thereby, providing more access to justice for citizens. Generally, courts are not required to interfere in any ADR process; However, it would appear that an ADR process cannot be completed without some input by the courts. Using content analysis of Nigerian statutes, case law, and other relevant literature, this paper examines the interplay between the Court System and ADR System in the administration of justice. In considering this link, the paper finds that ADR has the capacity to improve the system by increasing access to justice. The paper also finds that both the Court and ADR systems are mutually reinforcing, and beyond that, the courts play a key role in ensuring the success of the ADR process. It is concluded that though it is desirable for arbitration to be completely independent of the courts, it nevertheless requires the support of the courts that have the compelling force, backed up by state powers to meet the objectives of the alternative process at any stage-whether before, during or after the ADR process.
Open Access
An Examination of the Role of the Courts in the Sustenance of Democratic Governance in Nigeria
(Department of Public and International Law, Nasarawa State University, Keffi., 2016-10-26) Akande, Idiat Funmilola; Aliyu, Halima Doma
Open Access
HUMAN RIGHTS OF PERSONS WITH DISABILITIES: CHALLENGES OF PROTECTION AND ENFORCEMENT IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi., 2018-07-21) Aliyu, Halima Doma
The World Health Organization estimates that globally, one billion people have a disability; with 80% of that population living in developing countries. Disability prevalence is likely to increase in the future due to an increase in natural disasters, armed conflict, disease, and an aging population. People with disabilities (PWDs) face significant levels of discrimination and are often prevented from participating in their communities. Nowhere does this ring truer than in Nigeria, where, despite committing to key international and domestic instruments, 25 million disabled citizens continue to live in relative poverty, are often impeded in their access to public services and opportunities. This article considers the legal framework within which the rights of PWDs are addressed in Nigeria. It further examines the extent to which these laws impact the well being of the disabled, and identifies barriers to the effective realization of their rights. Recommendations are made for a blend of legal and social approach in tackling the barriers.
Open Access
ICT AS A VIABLE TOOL FOR PROMOTING ACCESS TO JUSTICE IN NIGERIA
(Department of Public and International Law, Nasarawa State University Keffi, 2016-04-06) Aliyu, Halima Doma; Zakari, Mohammed Yaro
Open Access
ICT ENHANCED COURTROOMS IN NIGERIA: ARE THE CODITIONS FOR EFFECTIVENESS MET?
(Department of Public and International Law, Nasarawa State University, Keffi., 2017-06-21) Aliyu, Halima Doma; Anigbogu, Bridget
Open Access
INSTITUTIONAL CHALLENGES IMPEDING THE PROTECTION OF PERSONS WITH DISABILITIES IN NIGERIA: AN APPRAISAL
(Department of Public and International Law, Nasarawa State University, Keffi., 2017-12-03) Aliyu, Halima Doma
Approximately 25 million Nigerians are disabled. Notwithstanding Nigeria’s apparent commitment towards the elimination of disability discrimination, as evidenced by its ratification of key instruments, and establishment of relevant institutions, disabled Nigerians continue to live in relative poverty, are often impeded in their access to public services and employment opportunities, remain largely ostracized within their communities and are more susceptible to being victims of crime. This paper examines the various institutions relevant »to the protection of disabled persons . in Nigeria, and assesses their activities and impact on the lives of the disabled, and society at large. The paper advocates the need for proper funding of the institutions by government, and an attitudinal change by society towards disability. It also advocates the mainstreaming of persons with disabilities into national planning, and all other socio-economic and development programmes.
Open Access
LEGISLATIVE OVERSIGHT FUNCTION OF THE NATIONAL ASSEMBLY: NIGERIA’S EXPERIENCE IN ABUSE OF PROCESS AND ULTRA VIRES PRACTICES
(Department of Public and International Law, Nasarawa State University Keffi, 2020-03-05) Julius, Beida Onivehu; Aliyu, Halima Doma
Open Access
LEST WE FORGET THE PLACE OF PERSONS WITH DISABILITIES IN NATIONAL PLANNING AND DEVELOPMENT: NIGERIA IN CONTEXT
(Department of Public and International Law, Nasarawa State University, Keffi., 2018-10-23) Aliyu, Halima Doma; Okoli, Chinwe Kate