Faculty of Law

Permanent URI for this community

https://keffi.nsuk.edu.ng/handle/20.500.14448/1488

Browse

Now showing 1 - 20 of 384

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
THE ADEQUACY OF THE LEGAL FRAMEWORK OF JOINT DEVELOPMENT AND BOUNDARY DELIMITATION BETWEEN OIL PRODUCING COASTAL STATES
(Department of Public and International Law, Nasarawa State University Keffi, 2021-01-01) Nasir, Jamila M.; Iyadah, John Viko; Godwin, Awah G.
Between 1968 and 1992, international courts and tribunals basically took the result-oriented equity approach. In this paper, we outline the principal relevant circumstances for boundary delimitation in a joint development zone of hydrocarbon deposits between coastal states. The relevant circumstances are geographicalfactors, the configuration of coasts, propor-tionality, geological and geomorphological factors, presence of the third state, presence of islands baselines, economic factors, and conduct ofparties. This paper further highlights relevant cir cumstances that affect boundary delimitation of joint development of hydrocarbon deposits be tween two or more coastal states.
Open Access
THE ADEQUACY OF THE LEGAL FRAMEWORK OF JOINT DEVELOPMENT AND BOUNDARY DELIMITATION BETWEEN OIL PRODUCING COASTAL STATES
(Department of Public and International Law, Nasarawa State University Keffi, 2018-07-05) Okebukola, Elijah Oluwatoyin; Iyadah, John Viko; Musa, Habiba; Shigaba, Danjuma; Epu, Alexanda A.; Suleiman, Rilwanu; Ahmed, Jalaludeen
This paper situates the legal discussions on the Nigerian democracy in the context of the price(s) being paid to keep the system, the things given up to maintain the system, the things being done to win elective office. This context is seen as the cost of the Nigerian demon-ay. Costs identified in the paper include Pecuniary Costs of Maintaining the Legislative Bodies, Pecuniary Campaign Costs, Distrust of “Repeat Play”, Communitarian Solidarity, Empowerment of 1Godfathers’ over Stakeholders and Surrender of Direct Involvement. Having identified the cost, the paper goes on to suggest alternatives to the present ystcrn. The suggested alternatives include Re-election Eligibility Based on Superseding Predecessor’s Performance, Threshold Contracts, Remuneration Agreements, Independent Candidates and Electoral System Change/ Rotation Principle.
Open Access
ADJUDICATING TAX DISPUTES IN THE NIGERIAN TAX SYSTEM
(Department of Public and International Law, Nasarawa State University Keffi, 2020-08-10) Eze, Chukwuemeka
This paper discusses the inevitability of disputation in the tax system as it is usual in other human endeavours. It proceeds with tracking the trajectory of the evolution of the dispute resolution mechanisms at different epochs of the Nigerian tax system. There is a discussion on the constitutional crises that rocked the defunct Value Added Tax Tribunal through the decisions of the courts in Stabilini Visinoni v. FBIR and Cadbury Nig. PLC v. FBIR vis-a-vis the jurisdiction of the Federal High Court as contained in section 251 of the Constitution of the Federal Republic of Nigeria, 1999. The current position of the law as to the jurisdiction relationship between the Federal High Court and the Tax Appeal Tribunal settled in NNPC v. TAT (Lagos Zone) and TSKJ v. FIRS have also been highlighted. The paper has also examined the adjudicatory process at the Tax Appeal Tribunal and the boundaries of its powers.
Open Access
Adjudicatory control of narcotic and psychotropic drugs in Nigeria
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-03-14) Okebukola, Elijah Oluwatoyin
45 a party to the three major treaties on drugs, Nigeria is obliged to control the manufacture, use, distribution and possession of drugs. Drug control efforts in Nige- ria rely heavily on interdiction, arrest and the criminal justice system. Adjudicatory control is one of the main mechanisms utilized in the criminal justice approach to drug control. Adjudicatory control is administered by the judiciary at the federal level, with the Federal High Court of Nigeria as the first and primary forum for dealing with drug cases. The Court controls drugs by establishing whether sub- stances are considered to be narcotic or psychotropic under existing laws. Further- more,it processes alleged offenders through a schematized mechanism of arraignment, trial, verdict and sentencing. In this context, the present article reviews 2,506 court cases to analyse the function of the Court as an institution of drug control. The analysis shows, among other things, that there is a wide disparity in the length of adjudicatory processes and sentences unposed for similar offences. Moreover, the possession and use of otherwise licit painhillers are being prosecuted under provi- sions enacted to control narcotic and psychotropic substances.This raises uncertain- ties in drug control efforts in particular, as the drugs that are expressly prohibited are not classified at all, not even according to their degree of harm to society. The restdl is a wide latitude of discretion afforded to executive and judicial officers in dealing with drug cases, judicially, such latitude results in a disproportionate focus on possession of small quantities of narcotics, in contrast to larger quantities.
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
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 MECHANISM FOR THE ENHANCEMENT OF ECONOMIC DEVELOPMENT
(DEPARTMENT OF LAW FACULTY OF LAW NASARAWA STATE UNIVERSITY KEFFI, 2018-08-12) Usman, Adams
This work is focus on the ADR as a dispute resolution mechanism for the enhancement of Economic Development. The Study examined the importance of ADR as a dispute Resolution Mechanism for the enhancement of economic development. The study obseiwed that the conventional way of settling commercial dispute which is through the courts, tend to retard and frustrate economic development through commercial activities as a result of unnecessaiy delays in resolving disputes that arose in the course of transactions. The study obseiwed that other ways or options of resolving disputes out of the courts make commercial activities faster and develop and contribute to the economy of a nation than the other way round. The study went further to look at litigation as a way of resolving dispute vis avis ADR. The advantages and disadvantages. The study went further to look at various ADR methods employed in resolving disputes between the parties and the protection of or otherwise of such methods. It also identified recognitions given to the ADR by the statute, the courts to make it binding and enforceable. The objective of the study is to bring out the merit of ADR as a dispute Resolution Mechanism for the enhancement of economic development and indicating that it is the best options or methods in resolving commercial disputes. For the research methodology, this is mainly an assessment of ADR as a dispute resolution mechanism for the enhancement of economic development. It is therefore descriptive. Data is therefore collected from statutory provisions, existing law reports. Based on the findings of this study we recommend that protection should be given to ADR by enabling legislation that would guide the peoples in such ADR methods. That the parties should be able to enforce their agreement without stress or technicalities. The courts should be more proactive in the enforcement of such agreements. Lawyers should be given the opportunities to be trained as arbitrators, mediators or conciliators. This will enhance speedy resolution of commercial disputes and paving way for economic development. The parliament in India introduced the Legal Service Authority Act and Arbitration and conciliation Act. The need of Alternative means because amicable settlement of disputes, speedy justice, economic settlement, time saving management, legal recognition. The matrimonial issues are directly effect on individual and life. xiii
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 DECOMMISSIONING AND SUSTAINABLE DEVELOPMENT OF OFFSHORE OIL AND GAS INSTALLATION UNDER THE PETROLEUM INDUSTRY GOVERNANCE BILL
(Department of Public and International Law, Nasarawa State University Keffi, 2021-04-25) Iyadah, John Viko
Nigeria’s economy is largely dependent on the oil and gas industry. The exploration and production of oil and gas mostly require the installation of massive equipment and structures that can be environmentally unfriendly. These oil and gas activities have a high tendency of causing damaging effects to the environment especially during the installation and decommissioning processes.1 The installations used for these activities would be required to be decommissioned at the end of its life span. How the decommissioning is carried out remains a matter of contestation. This is because there are various ways in which it can be done; one of which is leaving the installation in situ, partial removal which both would arguably cause a permanent dent on the environment. On the other hand, there is the complete removal which seems the best approach. It is the view of this work that the installations that are presently in use for the extraction of oil and gas should be completely removed in order to protect the environment and ensure sustainable development. The underlying question for this research is whether the principle of sustainable development is factored in the process of decommissioning. Although Nigeria has recorded various environmental degradation in her search for oil and gas due to oil spills, improper enforcement of its fragmented environmental legislations, lack of transparency in obtaining information and inadequate monetary penalties for violators of environmental laws however, the Nigerian Petroleum Industry Bill (PIB) has captured some elements of sustainable development by introducing provisions aimed at protecting the environment. This research interrogated the provisions of the PIB and other relevant laws on decommissioning and sustainable development. The research recommended in the conclusion that even though the PIB has some elements of sustainable development, it should stipulate a compulsory provision of complete removal of installations and restoring the environment to the state it was prior to oil and gas exploitation and exploration.
Open Access
AN ANALYSIS OF DISPUTES RESOLUTION MECHANISMS UNDER THE TRADE DISPUTES ACT, 1976
(Department of Private and Business Law, Nasarawa State Universty Keffi, 2019-09-26) Wakawa, AbdulMuhsin Abubakar
The Trade Dispute Act 1976 was primarily enacted to serve as a guide which provides for amicable ways and options of settling trade dispute and other ancillary matters. The Act has undergone series of amendment and also, some subsidiary enactments has been made to assist in the effective implementation of the content and intent of the Trade Disputes Act. This being the case, the methods for dispute resolution under the Act has been tested over the years but with a lot of challenges which calls for a review or overhaul, hence the reason for this research. This research examined the various methods suggested as best for trade dispute settlement by the Act and critiqued its effectiveness showing how effective it has been over the years. The research also suggested methods that will assist in amending the Act to meet contemporary dealings in trade dispute. The researcher in carrying out the research consulted some text and scholarly works to arrive at conclusions. The methods provided by the Act are inadequate and require overhaul to make them more effective in the opinion of the researcher. The researcher opines that the methods have lost the touch of the 21st century and it has become imperative to review them.
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
ANALYSIS OF MURABATHA TRANSACTION UNDER ISLAMIC LAW
(DEPARTMENT OF ISLAMIC AND JURISPRUDENCE,FACULTY OF LAW, NASARAWA STATE UNIVERSITY, 2018-08-03) Abdullahi, Usman
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 DEEP OFFSHORE INLAND BASIN PRODUCTION SHARING CONTRACT ACT 2019
(Department of Public and International Law, Nasarawa State University Keffi, 2022-12-12) Iyadah, John Viko; Adamade, Akpo Agathachriste
ABSTRACT The Deep Offshore Inland Basin Production Sharing Contracts (DOIBPSC) Act was enacted in 1999 as a Decree and given retroactive applicability dating back to 1993 as the legal framework for the exploitation and exploration of hydrocarbons in the deep offshore in Nigeria. The Federal Government of Nigeria (FGN) passed the 1993 Act to encourage upstream investors to put risk capital in the deep offshore of Nigeria by designing the provisions of the Act to enshrine into law the fiscal incentives given to exploration companies operating under production sharing contracts in the sector, which at the time was uncharted territory. In 2019, theFGN moved to amend the DOIBPSC Act 1993 to significantly increase Nigeria's earnings from oil exploration activities in the deep offshore and to create a fair and equitable share of income derived from its natural resources. This work analysed the amendment made to the Deep Offshore Inland Basin Production Sharing Act 1993, by highlighting the differences between the 1993 Act and the 2019 amended version, its impact on the revenue bases of the Federal Government of Nigeria, and compares its competitiveness with regimes of other oil producing nations in ' the region. The work found that the major difference between the 1993 Act and the 2019 Act as amended were changes made to the fiscal regimes by the introduction of new/increased royalty rates while the immediate impact of the amendment exercise was found to include an improved economic benefit to the earnings of the FGN and an increased cost to operators(IOCs) in the sector. This article adopted a mixed research methodology approach, employing both the doctrinal and non-doctrinal/comparative legal research methods as statutory enactments, case law, books and materials containing comparisms between different jurisdictions formed part of the sources of information that made up this dissertation work. Recommendations for a more holistic review of the legal, regulatory and fiscal framework for the entire industry through the quick passage of the Petroleum Industry Bill to promote stability in the sector, application of cost cutting initiatives, framing and capacity building of an indigenous workforce were proffered. In conclusion, the article recommends that it is imperative that in attaining its set objective, the FGN must provide a stable and efficient legal, contractual and administrative framework for the exploitation and exploration of hydrocarbons in the deep offshore, as anything else would constitute a significant risk factor to the existing and potential investors and deter investments and development of the sector.
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.