Thesis and Dissertations

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Open Access
AGITATION FOR THE CONTROL OF PETROLEUM RESOURCES IN THE NIGER DELTA REGION OF NIGERIA: THE LEGAL AND ECONOMIC ISSUES
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2017-03-16) Chapp, Joy Jonathan
The quest for resource control by states in the Niger Delta region is one of the contentious issues in Nigeria. The clamour for resource control followed the inability of the government to address the adverse social and economic conditions under which the people of the Delta region have been forced to live since the discovery of oil at Oloibiri in 1956. The exploration and production of oil and their concomitant negative effects have continued to affect the people’s agricultural and fishing activities. Pollution and gas flaring have continued to wreak havoc on the people’s means of livelihood while the love for money as well as the desire to live above poverty line in the Niger Delta have forced many into all kinds of obnoxious practices such as illegal oil bunkering, illegal oil refining, militancy, disruption of the activities of oil companies operating in the area; kidnapping of oil workers with demands for ransom and vandalization of petroleum facilities to cause spillage of which communities would demand compensation. This study examines the Agitation for the Control of Petroleum Resources in the Niger Delta Region of Nigeria: The Legal and Economic issues involved. The study adopts doctrinal or library based research methodology relying on both primary and secondary sources. The study reveals that Federal experiment around the globe responds to the changing dynamics of the political economy of each respective state. Thus, Nigeria’s centralizing Federalism is congruent with its Mono-cultural economy with over 90 percent dependence on oil Revenue. Finally, the work concludes by suggesting the possible ways that the Federal Government could adopt in response to this agitation, so that enduring peace could be restored to the Niger Delta region in particular and Nigeria at large.
Open Access
ALTERNATIVE DISPUTE RESOLUTION: AS A DEVICE FOR THE RESOLUTION OF COMMUNAL CONFLICT IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2019-04-14) Shuaibu, Ruqoayya Kida
Conflict is port and parcel of human relationship the procedure that is put in place to resolve such dispute is fundamental. In the course of this paper, the various mechanisms that are available in Alternative Dispute Resolution to resolving communal dispute shall be explored with approaches to customary law and customary Arbitration together with the historical evolution in Nigeria. This paper shall dwell further on legal frame work for Alternative Dispute resolution that include Arbitration and Conciliation Act; Arbitration and Conciliation Rules, UNCITRAL Model Law, UNCITRAL Rules and the challenges in Nigeria with the incorporation of reported cases of conflict in Nigeria. Many cases of conflict almost in the magnitude of organised terrorism, the use of military force and media reportage has not helped in managing such sensitive issues therefore, there is a need to explore the various mechanisms available in Alternative Dispute Resolution that fits into the arena to ensure a long lasting solution and that is what motivated the course of this paper. The Institutional frame work such as the Industrial Arbitration Panel, National Industrial Court, Lagos Multi-door courthouse, Abuja Multi-door court house have played a great roles in cuddling dispute among parties without suggesting litigation to be the final solution as it is mainly enacted to proffer Alternative Dispute Resolution to be an option for litigation therefore, it shall be discussed extensively in the course of this writing. Adequate recommendation, contribution and suggestion for further studies will be included to fine-tune the research.
Open Access
ANALYSIS OF FUNDAMENTAL RIGHTS IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2019-11-13) Ovye, John
Ever since Nigeria returned to democratic rule in 1999, there appears to be general consens us that the tenents of democratic policing and observation of human rights has not been fuLly ’ realized. Fundamental rights emphasize responsive and representative governance with accountability and transparency aimed at projection and protection of the basic rights of the citizens. All these are sourced from international best practices, thereby attracting credence from the United Nations and other international instruments. For example, the code of conduct for Law Enforcement Officials serves as a model for every security outfit which seeks to operate in a free democratic society. Here, individual rights are guaranteed even though they are not absolute, but the law enforcement, in carrying out its duties, try to balance the equation and follow the “rules of engagement” permitted by law and not otherwise. In Nigeria however, our research findings established that the law enforcement agencies have not completely detached themselves from the apron strip of bad policing as a result of ever increasing acts of torture, cruel, inhumane or degrading treatment, extrajudicial, summary and arbitrary executions, arbitrary arrests, excessive use of force, unhealthy detention centers and other human rights violations, Nigeria’s colonial past and the lacuna of the current police Act have been identified as the militating factors inhibiting effective projection and protection of fundamental rights. These obstacles must therefore be jettisoned in favour of innovative attributes that can boost respect and observation of Human rights in Nigeria. For this to be achieved, behavioral, administrative and most importantly, legislative reform initiative must be put in place. This will in no small measure enhance and sustain good preservation of fundamental rights.
Open Access
ANALYSIS OF INTERNATIONAL PERSPECTIVE OF LEGAL REGIME OF PACKAGE LIMITATION IN CARRIAGE OF GOODS BY SEA
(Department of Public and International Law, Nasarawa State University, Keffi, 2020-10-07) Mafany, Victor Ngando
The move by the international maritime community in enacting legal regimes regulating package limitation liability in carriage of goods by sea in international law was greatly influenced by Carrier’s continuous exploitation against cargo owners especially in the 19th century, which was characterised by the concept of freedom of contract. The Carriers enjoyed a strong bargaining power in negotiating carriage contract terms, which resulted to them introducing terms excluding themselves from strict common law liabilities. The concept of freedom of contract developed to an extend that carriers attempted excluding themselves from damages resulting from their own negligence. Cargo owners were subjected to insure their own goods against maritime perils a situation they could not condole for long and consequently led to them putting up stiff resistance against carrier’s unapologetic exploitation activities. Cargo owner’s exploitation soon attracted international eyes as their weak bargaining strength pushed the international maritime community to enact legislations aimed at curtailing carrier’s excesses in a bit to strike a balance between carriers and cargo owners viz-a-viz package liability limit in international carriage of goods by sea contract. The Maritime community efforts led to the enactment of The Hague’s Rule 1924, The Hague’s -Visby Rule 1968, The Hamburg Rule 1978 and Rotterdam Rule 2008. These regulations were aimed at protecting cargo owners against earner’s exploitation by expressly spelling out carrier’s responsibility, liability and immunity in international carriage contracts. The research is aimed at analysing the different legal regimes of package limitation vis - a -vis the protection accorded to cargo owners and also geared towards achieving the following objectives to wit: analyze the limit of package liability, mode of calculating the package liability limitation, responsibility of parties in a carriage contract, liabilities and immunity of carriers and cargo owners in carriage contracts. The research methodology is largely doctrinal derived basically from primary and secondary data sources. The research didn’t just find a problem in interpreting the term “package or unit “used in determining the liability limitation formula and monetary unit but realized that the draftsmen did not envisage carriage using containers vis-a-vis liability limitation thus introducing interpretation problems which required judicial interpretations. This research work recommends the need for International uniformity in interpreting the main package limitation regimes in carriage of goods by sea in order to avoid future dispute and confusion patterning package limitations in carriage of goods by sea that has rocked the international maritime community over time.
Open Access
AN ANALYSIS OF PLEA BARGAIN AS A TOOL OF ENHANCING CRIMINAL JUSTICE REFORM IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi, 2016-07-16) MOHAMMED, JIBRIN ABOKEE
The concept of ‘Plea Bargain’ is a new phenomenon in the Nigerian Legal System which has been trailed with a lot of controversy. It is deeply entrenched in the Criminal Justice System of Countries, like United States of America, Poland etcetera. In Nigeria, the Economic and Financial Crime Commission (EFCC) is the first agency that took the approach of negotiating cases out of court with the consent of all parties in a case. This work critically examined the origin of Plea Bargain, its development across the globe, issues emerging from the emergence of practice of plea bargain in Nigeria as well as its aims and objective. The emergence of plea bargain in the Administration of Criminal Justice Act in Nigeria had set the stage for research into its origin and history, merits and demerits in the country’s enduring democracy and constitutionalism. After fifteen years of transition from militarism to constitutional democracy, the country’s criminal justice system is still on a slow march hence the need to entrench die practice of plea bargain in the system since its acceptance the world over has continued to be in the increase. This work primarily analyzed the state of plea bargain in Nigeria and the implement-ability of the relevant provisions in die Administration of Criminal Justice Act vis-a-vis its applicability in countries like United State of America; Italy, Pakistan and Poland. A crucial question that encapsulates die main objective.
Open Access
ANALYSIS OF REMEDIES FOR VICTIMS OF ENVIRONMENTAL POLLUTION BY COMPANIES IN NIGERIA
(Department of Public and Internatinal Law, Nasarawa State University Keffi., 2021-05-20) Galle, Ibrahim Usman
Human environment is negatively affected by activities of companies in Nigeria and victims of such affected environment are in most cases denied remedies on many grounds. To this end, the study assessed the impacts of environmental pollution by companies in Nigeria. The study also analyzes various remedies available to victims of environmental pollution, case laws, and their adequacy or otherwise. The study further investigates the mechanism for the enforcement of claim by victims of pollution in Nigeria. Findings revealed that 75 percent of companies (most especially oil and mining) operating in Nigeria pollute the environment, while victims of these pollution go with no or insufficient compensation as a result of technicalities sometimes caused by conflict of laws and the that regulatory Agencies such as National Environmental Standard and Regulations Enforcement Agency and the Department of Petroleum Resources do ensure compliance with environmental protection Laws at all time. The study uses the doctrinal methodology of research to achieve its aim. This work suggests that there should be review of the laws and other practical steps to ensure environmental protection and the smooth enforcement of environmental claim and concluded that environmental Pollution by companies has a negative impact on the Nigerian environment, as such, Mechanisms for the enforcement of claims should be functional and devoid of technicalities, operational and strict in terms of providing protection to the environment.
Open Access
ANALYSIS OF THE DOCTRINE OF PLEA BARGAINING UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015.
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-12-12) Abubakar, Saidu Umar
Although, there are different definitions given to the, phenomenon called “plea bargain, this is so because legal practitioners and scholars are not commonly in terms on the exact meaning of plea bargaining. The definition of plea bargaining seems to vary depending on the jurisdiction and on the context of its use. Notable amongst the various definitions is that one reads thus: The process whereby the defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to courts approval. It usually involves the defendants pleading guilty to a lesser offence or to only one or some of the courts of the multi-count indictment in return for a lighter sentenced than that possible for the graver change. The use of plea bargaining is also a reflection of the investigative inadequacies of security agents in Nigeria as the process of investigation and gathering of evidences is often fraught with lack of capacity, improper documentation, political interferences, inadequate funding, sabotage and corrupt practices of agents among others. This research aims to analyze the practice of doctrine of plea bargaining under the administration of Criminal Justice in Nigeria. This study explores the historical nature of plea bargaining to review the benefits and demerits. It gives a brief analysis of the position in other jurisdiction and particularly in the Nigeria Criminal Justice System. The irregularities in the legal framework for the invoking, interpreting and applying plea bargaining in Nigeria before the enactment of Administration of Criminal Justice Act 2015 are examined. Recommendations that will assist all stakeholders in the application of plea bargaining are also expressed in this study. It is also recommended that criminal justice administration database should be made while Fast Track Courts should be established for the utilization of special rules of procedure in justice delivery system in the country.
Open Access
ANALYSIS OF THE LEGAL & INSTITUTIONAL FRAMEWORKS FOR THE DEVELOPMENT OF SEA WORTHINESS UNDER NIGERIA LAW
(Department of Public and International Law, Nasarawa State University, Keffi, 2020-02-10) Ifeonu, Chidiebere Confidence
It is now a common knowledge that shipping in the 21st century underpins international commerce and the world economy as the most efficient method of transporting goods by coastal and non-coastal states. Hence the centrality and importance of the sector cannot be over emphasized especially in its advantage to the trade and business community around the nations of the world, this is further buttressed by the fact that more than 90% of the world trade is carried out by sea. Thus it is paramount that a strong and workable legal and institutional framework be put in place, so as to ensure sea worthiness of vessel on the territorial waters while protecting the a passengers and goods transported through the water-ways. The study takes critical look at the term seaworthiness as defined under the carriage of goods by sea and the marine insurance law. However, it has been clearly shown in this work that the differences that appear in the two definition does not in any way effect the concept of seaworthiness itself as the objective and principle is to ensure that the ship is fit to carry the cargo and perform the agreed voyages. The work also examined other ingredient that constitutes seaworthiness such as time of the voyage, type of vessel, existing state of knowledge, vessel and its equipment’s, human error, competence of crew, ignorance of the crew and the sufficient number of crew etc. Other factors considered in this work also entails, use of ISM code in dealing with the issue of safety on board the vessel and environmental protection, this is in addition to documentary factors and workable ship plan that shows how the parts of the ship works such as the pipes, fire extinguishing systems, engines etc. The study further x rayed the nature of duty, both implied and express including the time of exercising the duty in relation to the rules and principles of due diligence as it relates to the genuine, competent and reasonable effort of the carrier to fulfill the obligations set out in Hague or Hague Visby rules. Furthermore, the principles of conditions and warranty and what constitutes same was also highlighted in relation to breach of obligations and carriers immunities, the study will undertake doctrinal approach of research. The study will also reveal institutional framework of seaworthiness which entails international institutions and municipal institutions and their control over incidences of bad of vessels. These bodies entails the following, the Imo which was formed to promote safe, secure environmentally sound efficient and sustainable shipping through cooperation, flowing from this is the international convention for safety of life at sea, the committee maritime international and the United Nation Commission on International trade law, the maritime labor convention, the international convention on standard of training, certification and watch keeping for sea fearers. Under the municipal institutions, we have The Nigeria administration and safety Agency which primary aim is to promote maritime safety, others are the Nigerian Ports Authority, Corporate Affairs Commission which now represents institution of relevance to seaworthiness, created to deal with registration of ships and other relevant documentation. Like licensing, the study has also made recommendation of factors that will ensure and also enhance seaworthiness in the maritime industries, such as adequate facilities, adequate training, funding of maritime institution, tackling the problem of corruption in some of the bodies relevant to the industries.
Open Access
ANALYSIS OF THE LEGAL AND INSTITUTIOAL FRAMEWORK FOR COMBATING TERRORISM IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2019-05-10) Okpede, Akwe Fidelis
Terrorism is a security concern that has plagued the entire world at an alarming rate in recent years. The increased activities of terrorists in Nigeria has crippled various sectors in Nigeria, and therefore warrants an exhaustive discourse on the scourge of terrorism and how the law can play a pivotal role in combating same. This work looks at the origin, causes and efforts made to quell the growing trend. This thesis examines the Nigerian laws and institutions saddled with combating terrorism and how these laws and institutions can nip terrorism in the bud. This work begins with the historic background of terrorism, how it all started. This research examines the concept of terrorism and how law enforcement agencies have grappled with this menace since its advent in Nigeria. This study is aimed at analyzing the legal and institutional framework for combating terrorism. This study will identify and examine some loopholes in the laws enacted to enable law enforcement combat terrorism, it would also point out that the institutions charged with fighting terror must collaborate to enhance effective output and productivity. The purpose of this work is to expose why terrorism has remained a constant fixture in Nigeria, and ways to completely extricate terror in Nigeria, or at least, reduce it to the barest minimum.
Open Access
ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR COMBATING TERRIORJSM IN NIGERIA
(Department of Public and Internatinal Law, Nasarawa State University Keffi, 2021-08-28) Okpede, Akwa Fidelis
Terrorism is a security concern that has plagued the entire world at an alarming rate in recent years. The increased activities of terrorists in Nigeria has crippled various sectors in Nigeria, and therefore warrants an exhaustive discourse on the scourge of terrorism and how the law can play a pivotal role in combating same. That was the motivation behind this study. This study critically examined the history of terrorism globally, and how the menace first struck the shores of Nigeria, h further looked into the Terrorism Prevention Act, Economic and Financial Crimes Commission Act, the Money Laundering Act. To achieve this, a doctrinal method was adopted for this research. Being a library oriented method of research, materials from both primary and secondary sources were analyzed. The primary sources included information from national and international legal instrument.. It was found during the course of this research that the legal and institutional framework for combating terrorism in Nigeria was in desperate need of strengthening. This was why the objective of this research work was to introduce internationally recognized best practices in combating terrorism. This research also found that, in a desperate attempt to combat terrorism, violation of human rights has become rife, and as such, Laws must ! be put in place to check some highhanded Law Enforcement Agencies. In an attempt to i contribute to knowledge, this research has offered a discussion on an improved way of tackling terrorism. It has offered is to identify some weaknesses in Nigerian Laws and its institutions. and has submitted that without a viable law encouraging law enforcement agencies to work in : unison, they would continue to struggle against various tactical terror groups. This research I recommended that there is an urgent need to address illiteracy in the country, if not, terror groups would find it easy to recruit very susceptible individuals who don 7 know any better. This | research has also recommended that the institutions created to tackle terrorism financing in must collaborate with international institutions who are more experienced in this terrain. By a way of conclusion, this research admits that the promulgation of a new Money Laundering Act, alongside the Economic and Financial Crimes Commission Act and Terrorism Prevention Act | would introduce a more effective and radical change in the fight against terrorism, terrorism financing and money laundering activities in Nigeria.
Open Access
AN ANALYSIS OF THE PROCESS OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE MANAGEMENT
(Department of Public and International Law, Nasarawa State University, Keffi, 2018-11-12) El-Yakubu, Sadiq Ibrahim
This project conceptualized on Alternative Dispute Resolution (ADR) which is usually considered to be alternate to litigation. It has an informal, non-adversarial and confidential process whereby parties voluntarily determine the process to adopt in resolving their disputes. Traditionally, our local chiefs, church leaders and some stakeholders may act as either a mediator or an arbitrator to resolve disputes between disputants. This research point out several forms of ADR, which include negotiation, mediation, conciliation, arbitration and other hybrid process. This research work identify the rationale for adopting ADR as a means of settling corporate issues than a court trial, to identify the skills and strategies in ADR; these are the expertise a negotiator or mediator requires on the negotiation/mediation table to get the desired result, to make a functional recommendations which will minimize conflicts and enhance egalitarian corporations. However, it has been observed in corporate Management that Company restructuring and the rule in Foss v Harbottlehas often led to disagreement and subsequent gridlock. The rule provides that, where a wrong is done to the Corporate right of members, the wrong is strictly speaking, done to the company, that is, the majority of members to decide whether it should be treated as a wrong which should be redressed and the majority can validly decide not to redress such wrong. This majority rule and minority rights has often lead to deadlock in company relations, hence, this work looks for ways of resolving this dispute internally without going through court trial at the first instance. In Re Yenidje Tobacco Company Limited where the company was wind up under just and equitable rule, despite the fact that the company was making large profits notwithstanding. This position would have been different if these directors had altered their position to focus on the interest of the company rather than their aggressive adulatory dispositions which led to the winding up of the company .Conflicts in organisations are inevitable, consequently, directors, creditors, shareholders, employers and employees should rather seek for ways of resolving their disputes amicably at 'first instance through ADR processes, other than going to court for winding up of the affected company at each slightest provocation. Observation was made that Alternative Dispute Resolution could succeed only if claimants and defendants have motivation to make the process work, forcing both sides to participate in such a process can impede the success of the process. This research recommended that there should be legal basis for ADR which needs legal authorization for assessing the feasibility of an ADR program and the appropriate design for such program. xii n
Open Access
APPLICABILITY OF INTERNATIONAL LABOUR ORGANIZATION (ILO) STANDARD IN DETERMINATION OF CONTRACT OF EMPLOYMENT IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2019-08-22) Eze, Jeremiah Idenyi
Contract of employment like most of contracts typically provide means for its determination. However, given the vantage position which the employer occupies as against the employee under the principles of freedom of contract, the fate and tenure of an employee in a contract of employment is left exclusively at the mercy of the employer. These unchecked powers to determine the contract of employment by the employer most times result in great injustice to the employee. This situation has led the International Labour Organisation to develop and adopt international standards in the termination of contract of employment as a means of regulating the hitherto unchecked powers of the employer. Organisation Standards in Determination of Contract of Employment in Nigeria. This research examines the application of the International Labour
Open Access
APPLICATION OF CORPORATE GOVERNANCE AND RISK MANAGEMENT CHALLENGES IN THE PUBLIC SYSTEM IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi, 2018-11-11) Okechukwu, Muo Christian
The focus of this research is on the challenges of corporate governance and risk management in the performance and management of public organisations. The major objective of this study is to understand the relationship between risk exposure, risk management, corporate governance and operational efficiency and challenges of public organisation. There are basically five objectives of this study, first to ascertain how veritable corporate governance and risk management strategies are implemented in a public system in Nigeria, secondly to examine the role of regulatory agencies in the effective implementation of corporate governance and risk management culture in Nigeria, thirdly to examine the relationship between corporate governance and risk management in public entities in Nigeria, and lastly to evaluate the role of corporate governance and risk management in the failures of public entities in Nigeria. The research is academic and tasking. This research work shows that there is a strong relationship between risk management, corporate governance and the health and efficiency of any public organisation* It also indicates that the public system that instituted good corporate governance mechanisms performed better than those without such mechanisms in place. The study shows that organisation that scored low in risk management and corporate governance is more exposed to risk challenges which leads to their collapse. The study concludes that risk management and good corporate governance, are good for operational efficiency of Nigeria public organisations. It is recommended that observance of good corporate governance by public organisation will make them efficient, effective, responsive and accountable corporations that contribute to the welfare of society through their complementary roles in creating sustainable wealth, employment opportunity for our teeming population with integrity, probity and transparency as driving force.
Open Access
APPRAISAL OF CORPORATE GOVERNANCE IN NIGERIAN BANKING SECTOR
(Department of Public and International Law, Nasarawa State University, Keffi, 2016-10-12) Famuyiwa, Oluwaseun Ola
This study aims to critically evaluate Corporate governance within the Banking Sector, realising the unique position occupied by Banking industries in the quest for sustainable economic development of any nation, which is requires the banking industries to be governed in a manner for its sustainability and to make it more result-oriented. This study analysed and appraised corporate practise and regulations in Nigeria, Its identified the history of downward retrogression of the banking industries from the ineptitude of lack of necessary regulations and the appropriate enforcement on the activities of the officers. This study which is basically deskbased employs both primary and secondary data that were subjected to content and contextual analysis. The primary data includes Statues such as the Companies and Allied Matters Act, Investments and Securities Act and other Financial Institutions Act. The Secondary data were books, journal articles on Corporate Governance and other relevant materials sourced from the internet. The study concluded that even though efforts were made in the recent times by the Securities and Exchange Commission and the Central Bank of Nigeria who issued Codes of Corporate Governance for sectoral application, the Codes have not resulted in the needed growth and impetus in corporate environment as enforcement still poses a lot of problems. The study therefore urged full disclosure and strict adherence to corporate practice regulations and practices as contained in the Codes which also should be reviewed from time to time to guarantee sustainable development.
Open Access
APPRAISAL OF COUNTER TERRORISM MEASURES IN NIGERIA AND THEIR IMPACT ON THE PROTECTION OF HUMAN RIGHTS
(Department of Public And International Law Nasarawa State University Keffi, 2017-04-10) Okwonkwo, Ifeyinwa Nkem
The study is on the appraisal of counter terrorism measures in Nigeria and their impact on protection of human rights. Apart from the challenges of poverty, unemployment, sectarian crisis, economic and political crisis, as well as the Niger Delta Militancy, Nigeria is currently facing a deeper and profound challenge of terrorism, especially at the North-East of the country. The list of these disheartening phenomena includes but not limited to kidnapping, bombing and sporadic attack by gun men at several churches, mosques, public places, police stations, schools and prisons at Bauchi, Borno, Yobe and Adamawa States. Other parts of the country that were not spared are the Federal Capital Territory, Abuja, Plateau, Kaduna and Kano States. Government‟s attempt to adopt the strategy used in curtailing militancy in the Niger Delta failed in the present situation. This led to adoption of various measures and strategies of counter terrorism by the government which increased the incidents of human rights violations in the fight against terrorism. It is against this backdrop that the study examined ways of effectively combatting terrorism in Nigeria while still ensuring the protection of human rights. It examined the root causes of terrorism, the existing legal framework for combatting terrorism in Nigeria, Nigerian Government‟s efforts in combatting terrorism and how effective the measures have been, and the impact of these counter-terrorism measures on human rights in Nigeria. The method of research adopted in the course of the study to a large extent is the doctrinal research method basically because the aim of the research is to identify loopholes in the fight against terrorism as it pertains to human rights and proffer solution. Relevant and related literatures were also reviewed. Data was generated from primary data sources such as provisions of international, regional and national conventions, resolutions, declarations, laws and policies on human rights etc. Secondary data was sourced from library materials, newspapers, journals and articles, various other sources including the internet. The findings revealed that there is no well-developed theory as why some individuals or group engage in terrorism and others do not and that the causes of terrorism cannot be exhausted as it depends on a particular area. The result of the study also shows that the Nigerian government counter terrorism measures have been reactionary, militaristic in nature and inadequate to address the root causes of terrorism in Nigeria. The research further revealed that Government strategies failed because Government did not address socio-economic factors that created veritable ground for terrorism, such as unemployment, poverty, corruption and poor economy. The research concluded by recommending the thorough investigation and possibly prosecution of human rights violations by security agents, adoption of a strategy which will focus on deradicalization and the introduction of effective psychological reinforcement measures that would deter terrorists from engaging in the act. The research also recommends that Government should focus on good governance, job creation and employment opportunities, poverty alleviation, welfare and provision of modern equipment for the military and other security Agents, as well as effective border patrol
Open Access
APPRAISAL OF LEGAL ACCESS TO EDUCATION IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI., 2020-01-01) Dikibujiri, Ebenezer Bobmanuel
While legal access to education is just one aspect of access to education, this study shows the all-encompassing nature of access to education This study illuminates the legal, social, political, religious and historical impact on access to education. The research was motivated by four research questions; (a) Are the educational achievements in line with the current legal regime? (b) What are the international perspectives on access to education ? (c) What factors have made the implementation of the education laws and policies difficult? (d) Are the current security challenges on education and education facilities adequately provided in any of the existing education laws and policies in Nigeria? To examine these and other questions it was discovered that there have been several researches on access to education that had addressed some of the challenges. However, the current security challenges on education and its facilities have no adequate legal backing or policy. Also, the current legal regime does not tackle; the alarming rate of poor education, increased number of out-of-school children, EFCC sealing of schools, inadequate infrastructure, low salary scheme for educators, et cetera. Assuming without conceding that there exist any law, the enforcement of the education laws are affected mainly by non-justiciability principle stipulated under the Nigerian Constitution. While government owe responsibilities to its citizens to provide access to education, failure to provide such does not confer on citizens the right to enforcement. Judgements of courts against government in favour of right to education are yet to be obeyed. This research contributes to the need to incorporate; right to education; responsibilities and roles of government in education; security of education- schools, students and educators and prevention of EFCC sealing of school in our education law. Just like other Countries, Nigeria needs an elaborate Education law that will address all issues affecting the education systems. Currently, there are numerous education laws that is further bewildering the system, instead of being a too! for its developments. Nigeria being signatory to many International laws on Education, has domesticated some, hut still behind in adherence to the global principle on education. Keywords: Legal; Education; Access to education; Nigerian constitution; International laws; Right to education;
Open Access
APPRAISAL OF LEGAL REMEDIES TO THE VICTIMS OF MEDICAL NEGLIGENCE.
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW,FACULTY OF LAW,NASARAWA STATE UNIVERSITY KEFFI., 2021-06-15) Adejuwon, moyosola mosunmade
This researcher work critically seeks to enlighten citizens of this country of their rights and the duty of care the health practitioners owe to them before and after administering treatment on them. In Nigeria there is low level of awareness that health practitioner duties carries legal implication aside their professional duties. It is essential to protect a patient who approaches health practitioner. The research examined the civil liabilities, criminal liabilities of the health practitioners and the remedies available to the victims wherever there is a default in administering treatment on patient. The carelessness of health practitioners in administering treatment on patient is on the high side in Nigeria, the competency of some of these health practitioner is questionable they are getting away from liabilities including the hospitals. It is unfortunately victims are silent when their right is being infringed on by health practitioners, at times this professionals will cover up and not disclose the actual cause of the injury to the victims, as a result of this victims are discouraged in getting justice. As a result of low level of awareness and cultural norms in which every mishap is attributed to God's will. Also, the cost to pursue the case in court is high and even with the undeveloped Legal Aid System we practice in Nigeria, not everybody can be assisted by legal aid. The research finds health practitioners - patient relationship evidence has shown that family doctors are less likely to be sued as they are more likely to have relationship of trust with their patients. Nevertheless, the effective implementation of medical negligence law has come to stay in Nigeria even though litigation is on small scale. Victims of medical negligence can institute actions against health practitioners in Negligence, criminal law.
Open Access
APPRAISAL OF NON-CUSTODIAL SENTENCES IN NIGERIA CRIMINAL JUSTICE SECTOR
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2018-08-15) Akapo, Taiwo John
The activities of the Criminal Justice Sector in Nigeria commences with the commission of a crime and continues and/or completes with subsequent interventions by the law enforcement agencies of the system that has the power of arrest, arraignment, trial, sentencing and punishment of offenders. A criminal trial involves the state who prosecutes offenders, the society and the offender who commits the act. The process of determining whether the accused or defendant did the act or committed the omission alleged against him, if he did, depends on the diligence of the prosecution against him and the sentence imposed on him for his wrongdoing. In some legislation, the word sentence and judgment are used interchangeably. Imprisonment as a disposition method has created a lot of problems not only in Nigeria criminal justice system but also, in most countries of the world. It is now believed that imprisonment no longer serves the purpose of deterrence, for which it was meant to serve. The offenders wrong the state and yet the state is responsible for their welfare while in prison, hence, the prison life makes inmate come out more hardened. This research work seeks to appraise the law and practice of some non-custodial sentences in Nigeria under the various criminal law statutes and the provisions of the recently enacted Administration of Criminal Justice . Act, 2015. It is noted that while the laws allow for alternative sentencing to imprisonment, there were no adequate institutional facilities to drive it; its application is rather restricted to certain offenders like juveniles and a whole lot of other issues are impeding its success. Meaningful recommendations are offered at the end of this work. This research work further seeks to critically examine the law and policy in criminal justice administration and sentencing in Nigeria since the enactment of Administration of Criminal Justice Act, 2015 and its effect on the system.
Open Access
AN APPRAISAL OF PRE-TRIAL PROCEEDINGS IN NIGERIA: IMPLICATION FOR QUICK DISPENSATION OF JUSTICE
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2017-03-16) Yakunat, Kingsley Baba
The pursuit of interests made dispute is inevitable in any social context. Dispute occurs whenever people disagree over their rights, values, motivations, perceptions, ideas, or desires. The existence of dispute among people entails that there must be a means and process of resolving same through established courts or tribunals. The courts and tribunals established to resolve conflicts are overcrowded due to the complexity and frequency of both local and international transactions and commercial activities. As the number of cases grew, delays, formalities, technicalities, corruption and adjournment in the courts became the order of the day, primarily, due to Nigeria’s adversarial justice system. Delay prompts injustice of the highest order. In order to solve the problems of delay and to ensure quick dispensation of justice in Nigeria, pre-trial proceedings and conferences were introduced in our new rules of courts for the purposes of disposing matters which can be dealt with on interlocutory application, adopt a procedure that will secure the just, expeditious and economical disposal of cases, and to promote amicable settlement of disputes through alternative dispute resolution. This study is aimed at examining the causes of delay in the administration of justice in Nigeria, with a view to ensuring a quick dispensation of justice through the instrumentality of pre-trial proceedings in Nigeria. In doing this, the study tried to identify and examine the causes of delay in the dispensation of justice in Nigeria, the effect of delay in the administration of justice to the Nigerian economy, the implication of adversarial justice system in delaying the dispensation of justice in Nigeria, the pre-trial proceedings in the rules of court in Nigeria and how it will encourage speedy dispensation of justice and the application of pre-trial conference by Nigerian judges and lawyers. This study is predicated on the doctrinal research methodology which involves the analysis of Statutes. Acts, Laws, case law, Rules of court, journals, seminar papers, articles, books, internet and many other library sources. The study finds out that causes of delay in the dispensation of justice in Nigeria is as a result of defects in our civil procedure system; abuse of the judicial system by lawyers; judges’ failure to take firm control of proceedings and lack of effective case management; adversarial justice system being practiced in Nigeria and many more. Delay in the administration of justice in Nigeria affects foreign investment, it may lead to the disobedience of court’s orders and judgements, resort to self help and the miscarriage of justice. Despite the laudable provisions and advantages of pre-trial conference in our rules of court, its application toward a quick dispensation of justice in court by lawyers and judges is still a mirage because lawyers do not seem to be interested in pre-trial conference.
Open Access
AN APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHOD TO MARRIAGES IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi., 2018-08-12) Yusuph, Halimat Yetunde
This thesis titled', ‘An Appraisal of the Application of Alternative Dispute Resolution (ADR) method to Marriages in Nigeria' is written to explore the various methods of ADR that can be harnessed, in resolving matrimonial disputes in Nigeria. In the process^ an attempt has been made to expound the relevance of all legal frameworks already in place under the Matrimonial Causes Act supporting the use of ADR in the process of litigation. An attempt has also been made to suggest an amendment to the existing problems bedeviling the smooth application of ADR mechanism in resolving matrimonial disputes in Nigeria. It is believed that the best way to resolve conflict and promote peace in the world is to begin from the family. Most of the societal problems today emanates from family separation resulting from unprofitable matrimonial litigations whereby children are displaced and lack the necessary parental guard and guide to be a better asset to the society. Litigation in matrimonial causes has therefore caused both family and society a lot of havoc, suffering, hatred, despises, shame and eternal separation making the children from such circumstance an object of hopelessness with every negative infusion. Many disputes have been settled recently through the resort to ADR and the fact is not in doubt that ADR is fast becoming the best method not .only as a complementary or alternative mechanism to litigation but also as the best strategic method of resolving certain private disputes which matrimonial causes is first.