Thesis and Dissertations

Permanent URI for this collection

https://keffi.nsuk.edu.ng/handle/20.500.14448/4883

Browse

Now showing 1 - 20 of 220

Open Access
TOWARDS A NEW CYBERWARFARE LEGAL REGIME
(Department of Public and International Law, Nasarawa State University, Keffi, 2018-03-07) Luqman, Hussain Umar
Inspired by the growing number of detected cyber attacks-aimed at public and governmental facilities and institutions, this thesis aims to reveal fundamental the importance of cyber warfare and cyber weapons, to identify critical legal limbo which currently exists in the currently valid regulation of international humanitarian rights, and to propose amendments to this framework, the MHP convention that would regulate the use of cyber weapons in international armed conflicts. So that work could provide a well structured and relevant arguments in support his main thesis uses methods of qualitative analysis of the current IHL framework, including international treaties, customary law and output materials main institutions devoted to international justice, along with the work of leading authors and experts in the areas of MHP and cybersecurity. This research aims to pontificate the inadequacies that riddle the regime and consequently impose a cohesive application of regulations across board, following finding in the thesis that reasons were put forward to set aside the crude idea that the question of cyber operations and cyber wear was one that could simply by interpreting the current laws of war and with a recommendation that the whole procurement process should be carried out under the UN and the Vienna Convention of 1969, which is acknowledged as part of the law of the custom.
Open Access
THE CHALLENGES AND PROSPECTS OF LEGAL REPRESENTATION IN ARBITRATION PROCEEDING
(Department of Public and International Law, Nasarawa State University, Keffi, 2019-06-15) Amodu, Patience Atule
Arbitration has been in existence from immemorial, clue to the fact that conflicts ancl controversies are normal in our daily occurrences; it is a consensual method of disputes resolution, having many advantages over litigation which is adversarial in nature and focuses more on legal rights and remedies. In recent trend parties have no control over the exercise of their right in arbitration proceedings, as regards choice of arbitrators in their cases. Parties in Arbitration are represented by legal practitioners, as it is in litigation in Nigeria, as opposed to international practices. This thesis studies the general assessment, development, conduct and practice of arbitration as a means of resolving disputes between parties within the confines of law of arbitration in Nigeria. Focusing more on the legal representation in arbitral proceedings in Nigeria, in comparison with what is obtainable in England, the thesis examines the significant impact on legal representation in Nigeria. Legal Representation has some major deficiencies, as to the legitimacy and existence of modern proceedings under the Nigeria law and (he practice in England. The proposition as to the restriction on legal representation in arbitration to Legal practitioners qualified to practice in Nigeria is in contradiction with the provision of Arbitration Laws. An arbitral award challenged at the appealed level often takes longer period for resolution of dispute. This has not been a successful tool in arbitration proceedings. The research examined the legal representation in arbitration proceeding in Nigeria, its challenges and prospects. The thesis which is in five chapters adopted both primary and secondary doctrinal research methodology. The advantages of arbitration over litigation are considered. The challenges, problems and limitations faced in practice of legal representation in arbitration are identified. The research concluded by stating that the hallmark of arbitration should be parly autonomy, and therefore expedient to give Arbitration priority over litigation.
Open Access
RETHINKING THE STATUS AND JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE
(Department of Public and International Law, Nasarawa State University, Keffi, 2020-04-04) Enoch, Ibe Uchenna
The International Court of Justice was primarily established as a judicial organ of the United Nations under the United Nations Charter and the Statute of ICJ of 1945. The World Court was well conceived but recent developments and ever evolving international concerns in the resolution of international disputes have revealed certain lapses, weaknesses and bottlenecks which tend to undermine the influence of the World Court. The unfettered powers of the UN Security Council, the principle of equality and sovereignty ofstates, the determination of what constitutes an international dispute, the mode of resolution of such international disputes, the discretion of states to submit to other fora of international disputes other than the ICJ, the unresolved issue of international legal personality of non-state actors and many more pose serious and challenging threats to the well-conceived concept and establishment of the ICJ as the recognised judicial organ of the United Nations. This work adopted a doctrinal approach consisting in qualitative analysis of data collected from case laws, legislations, library materials and internet sources. This work provided background to the concept of the world court, conceptual framework on which the world court is established. The work also provided history of the World Court beginning from the creation of the Permanent Court of International Justice (PCIJ) under the League of Nations which was later replaced by the International Court of Justice (ICJ) under the United Nations Charter and the Statute of ICJ of1945. This work enumerated and illustrated the composition, election of judges and jurisdiction of the ICJ. It was argued in this work that the current jurisdiction and status of the ICJ as the judicial organ of the UN may be losing its importance of being a judicial forum for the resolution of international disputes if some of the challenges outlined in this work are not resolved and amended to give the ICJ an expanded jurisdiction and status. Thus, the writer made some recommendations to boost the status and jurisdiction of the ICJ in the resolution of international disputes.
Open Access
CRIMINAL LIABILITY OF SEAFARERS IN THE NIGERIAN TERRITORIAL WATERS: CASE STUDY OF ILLEGAL OIL BUNKERING AND OIL THEFT CASES
(Department of Public and International Law, Nasarawa State University, Keffi, 2018-10-10) Musa, Jerry Ombugadu
Statistics show that shipping accounts for about 90% of international trade in goods. In view of the major role which maritime commerce and activities play in the global economy, it is the interest of governments (both of coastal and non-coastal states), ship owners and seafarers that the transportation of people and goods by sea should be facilitated as much as possible. Nigeria being endowed with a vast coastline and navigable inland waterways, strategically placed on the Atlantic coast of West Africa stands to reap bountiful reward from its maritime industry in promoting inter-regional and international trade if its maritime resources are properly harnessed. The territorial waters of Nigeria are the gateways to access the country land based markets and inland waterways which inhabit the ports and harbors. Thus, it is very important that the traffic on the territorial waters does not hamper progress of voyage, to cause unnecessary delays. Also, it is paramount that the territorial waters are also safe for travel, so seafarers can freely without fear or apprehension bring in passengers and goods, which in turn boost the economic activities of the country. This said, illegal oil bunkering tend to negate this objectives, it allows vessels without license to attend to bunker needs of sailing vessels on the territorial waters. This is dangerous, because, it will destroy the dynamics of the market forces of supply and demand that governs the valid license holders, meaning loss of revenue. There is also the threat of hijackers on such waters too. Oil theft also presents the challenge of vandalism. Once a state’s territorial waters are known for these notorious activities, it becomes difficult for trade to flow prosperously in that country and region at large. This study takes a critical look at the legal framework for the liability of seafarers in relation to the offences of illegal oil bunkering and oil theft particularly while they surf their vessels within the Nigerian territorial waters. It examines the effectiveness of the existing legal framework in dealing with illegal oil bunkering and oil theft in terms of litigation, prosecution and assessing the role of the administrative and enforcement agencies concern to ascertain whether it has been successful or has rather fallen short of its obvious expectations. The importance of Nigeria having a territorial sea that is safe, free from any form of criminal activities is also highlighted. This study will undertake the doctrinal approach of research, also employing the historical, effectiveness and competiveness techniques of research. The study will reveal that in the light of the existing legal regimes in place to combat the continuing prevalence of illegal oil bunkering and oil theft, there is a lack of sufficiency of effective surveillance and evidence gathering system to prosecute persons who are suspected or caught. Surveillance especially with modern technology beneath the territorial waters and pipelines is grossly insufficient. Most times the personnel and officers effecting arrest or searches destroy or render evidence of no legal worth where the seafarers and vessels searched or arrested were later prosecuted. This makes it no longer surprising that there are scarcity of cases on charges of illegal bunkering and oil theft duly completed, as most cases covering this subject matter are either abandoned for lack of evidence or dismissed for same reasons. The study draws a conclusion recommending among other things that, authorities concerned must employ the use of technology especially on the pipelines running beneath the territorial waters and on shore installations and the officers, personnel of the agencies involved in the processing and inspection of documents; searches, seizures and arrest, prosecuting must be given adequate training.
Open Access
COMPARATIVE ANALYSIS OF ADMINISTRATIVE CONTROL THROUGH THE INSTRUMENT OF OMBUDSMAN IN NIGERIA AND SWEDEN
(Department of Public and International Law, Nasarawa State University, Keffi, 2016-07-08) Jibrin, Mansur Lamino
The Role of Ombudsman is to investigate Administrative acts which appear to be contrary to any Law or regulation, mistake in Law which is unreasonable unfair, oppressive or inconsistent with the general administration of organization, improper dismissal based on irrelevant consideration. Nigeria and Sweden have an institution of Ombudsman checking the excesses of administrative actions. Though in both countries, the Ombudsman performs similar functions, its appointment and area of jurisdiction significantly varies. While the operation of Ombudsman in Sweden is very effective, it is rendered ineffective as a result of limited areas of jurisdiction in Nigeria. Therefore, there is need to amend our laws with a view to restructure the appointment, functions, powers, tenure and areas of jurisdiction.
Open Access
CENTRAL BANK OF NIGERIA AS A TOOL FOR STRENGTHENING COMMERCIAL BANKS CORPORATE GOVERNANCE PRACTICES
(Department of Public and International Law, Nasarawa State University, Keffi, 2019-08-10) Muhammad, Umma Garo
Open Access
APPRAISAL OF THE LEGAL FRAMEWORK OF CIVILIAN OVERSIGFIT OF POLICE IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi, 2018-09-11) Mohammed, Tijani
At their nascent stage of development, early societies did not require police for security of lives and property. However, as civilization assumed some measure of complexities and sophistication the need for police became a desideratum. Police is the societal answer to social deviance and a check on criminal activities. However, realizing their own importance and indispensability, the police went beyond safeguarding social order to act in excess of their authority. To checkmate these excesses and abuse of powers modern societies decided to set up civilian oversight bodies. The key mandate of civilian oversight bodies is to serve as complementary to police internal disciplinary mechanism. This study is on the appraisal of the legal framework of the civilian oversight of police in Nigeria. The statutory name is Police Service Commission. The research methodology* adopted is the doctrinal research approach which is majorly used for legal research. It draws from available legal instruments, existing literatures, public service rules and government circulars. Accordingly, no field work for purposes of gathering data was undertaken. The legal framework of the Commission rests on the Constitution of the Federal Republic of Nigeria 1999, (as amended), the Commission’s Establishment Act, judicial decisions and policies formulated by its Management. Its mandate consists of recruiting persons into the Nigeria Police Force, promotion of such persons and exercise of disciplinary control over the officers of the police. In carrying out its functions the Commission has formulated Guidelines and policies. However, it faces stiff challenges in its effort to deliver on its mandate. The challenges come in various forms: resistance by the police, conspiracy by politicians, inadequate resources, faulty leadership recruitment and lack of political will to resist external influences on the discharge of its functions. On a comparative analysis the Commission’s conceptual framework tallies with that of some notable countries such as the United Kingdom, the United Slates of America, India and South Africa. It is imperative to avoid appointing a retired police officer as its chairman.
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 EXAMINATION OF THE CONCEPT OF RESTORATIVE JUSTICE AND ITS ROLE IN REFORMING CRIMINAL JUSTICE ADMINISTRATION IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi, 2021-02-13) Imuekemhe, Emike Jessica
It is well established that an effective criminal justice system (CJS) in any nation is a catalyst for economic growth, social balance, territorial security and political stability. Achieving this criminal justice ideal in Nigeria however, has proved problematic. Indeed a lot of criticisms have been levied against the traditional post-colonial retributive approach that firmly underlines criminal justice administration in Nigeria. Many of these criticisms are based on the problems that have arisen in the past decades within our CJS, some of which include prison congestion, high volume of persons awaiting trials, victim disenfranchisement and dissatisfaction, delay in trial, high recidivism rates and more. In recent times, criminal justice reformers have begun to advocate for alternative measures that can effectively address the above-mentioned issues. The concept and practice of Restorative Justice (RJ) has been advocated as such an alternative response. It is believed that having this justice model, as a focal part of Nigeria’s criminal justice administration will make room for improvements and the creation of a more appropriate system for dealing with offenders. However, despite the concepts inclusion in the Administration of Criminal Justice Act 2015 and the Nigerian Correctional Service Act 2019, most of the discussion about RJ in Nigeria has proved to be rhetorical with little or no framework to outline its feasibility and applicability. Consequently, this study aimed to properly examine the concept of RJ and situate it within the various stages of the criminal justice process, thereby providing a practical framework for its application. A doctrinal research methodology, which involved a review of case law, statutes and other secondary sources of law, was employed. Findings from the research showed that RJ could suitably be employed within the pre- charge, post-charge, pre-sentence, and post-sentence stage of the criminal justice process in Nigeria with potentially advantageous results attained at each stage. The work also found out that some of the potential benefits of the inclusion of RJ into Nigeria’s traditional criminal justice process include greater victim participation and satisfaction through reparation and the practice of restorative plea bargaining, the adoption of non-custodial sentencing practices and diversion strategies that can bring about prison de congestion and effective case management, which in turn will result in efficient delivery of justice. Some of the issues identified include potential for abuse of this justice model and its tendency towards soft justice. This study proposes that the RJ model augment Nigeria’s conventional CJS and not replace it. Research findings revealed that this justice model could operate alongside the existing criminal justice responses to crime in order to create a holistic justice approach to criminal justice administration. This study concluded by recommending the practical application of RJ in Nigeria’s CJS in line with the proposed framework outlined in this research. Indeed efforts must be made by the government through its three major criminal justice structures to implement the various legislation that legitimize the inclusion of RJ into Nigeria’s CJS. This will move the narrative about its potential to achieve criminal justice reform from mere conjecture to measurable deliverables.
Open Access
INSTITUTIONAL FRAMEWORK FOR THE ADMINISTRATION OF MILITARY JUSTICE IN NIGERIA, CHALLENGES AND PROSPECTS
(Department of Public and International Law, Nasarawa State University, Keffi, 2019-05-22) Attah, Peter Anibe
Military justice in Nigeria is a uniquely distinct genre of the Nigerian criminal jurisprudence haven had its fair share of criticisms, analysis and misconceptions majorly fuelled by the seeming secrecy in which it is shrouded. The Nigerian Armed Forces are essentially and lawfully set up upon the foundation of regimentation and discipline obligatory by force. The profession of arms is largely associated with the use of force; thus eliciting a genuine question of the scope, purview and limits to which the armed forces can exercise their' legitimate force and whether there is any recourse whatsoever to the rule of law in ensuring order and uniformity within the military. The Administration of Military Justice in Nigeria; challenges and prospects as a research work delves into this grey area highlighting its fusion of regimentation and law, seeking to demystify such erstwhile mysticism as to workings of law within the military, identifying the legal frame work for administering justice, lodging Appeals where necessary along with recommendations for proper and enhanced justice dispensation within the Nigeria Military. The methodology used is doctrinal research.
Open Access
CONSTITUTIONAL ISSUES, PERSPECTIVES AND CHALLENGES OF FEDERALISING THE NIGERIAN POLICE
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI., 2018-11-01) Galadima, Mustapha Adagyo
The dynamism and complexity of Nigeria's federalism has attracted a lot of academic scrutiny because it generated so many problems capable of threatening the corporate existence and continuity of the Nigerian state. The Federal Government since the intervention of the military in government, has always assumed superiority over the state and local government and military federalism became more common than civilian federalism and this model made the federal government 'the master in relation to the dependent' state government. The police is an organ of the state entrusted with the protection of lives and property of its citizen, maintenance of peace and order, securing the state and in the absence of the police sustenance of order, legality, development and democracy may be difficult. The Federal government under the 1999 constitution of Nigeria was allocated all powers of the Nigeria Police Force under its full and exclusive control. The researcher in this research has compared the organisation of the Nigeria Police Force vis-a-vis that of other jurisdictions and its effectiveness in combating incessant crimes which is believed to be caused by the vesting of the powers of the Nigeria Police Force in the Federal Government instead of same to be within the powers of the state and local governments being the closest to citizens. The researcher consulted scholarly papers and books to further buttress his point in the imperative need of Nigeria to devolve the powers of police to states and local government. The researcher was also able to show that the Nigerian Police Force if allowed to be controlled by the state and Local Government, crimes will be curbed to the barest minimum.
Open Access
EVOLVING JURISPRUDENCE ON COMPLEMENTARITY UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
(Department of Public and International Law, Nasarawa State University, Keffi, 2021-02-09) Umeh, Kenechi Chinenye
The establishment of the International Criminal Court (ICC), on 1 July, 2002, does not release States from their primary responsibility to bring to justice those accused of committing egregious crimes such as genocide, war crimes, crimes of aggression and crimes against humanity. Under the principle of complementarity which is a response to respect the prerogative of States and the basis of the ICC’s jurisdiction, States continue to maintain their primacy over criminal jurisdiction, while the ICC maintains a secondary jurisdiction which can be activated when States are unwilling or unable to investigate and prosecute international crimes. Since the entry into force of the Rome Statute, complementarity has evolved with practice. This work provided a theoretical background to the conceptualization of complementarity and jurisprudence evolving there from. Accordingly, this research traced the evolution and development of the concept of complementarity, examined its characteristic features, challenges, limitations, possibilities and opportunities the concept presents for the effective combating of impunity. The work adopted a doctrinal approach consisting in qualitative analysis of data collected from case laws, legislations, library materials and internet sources. It was argued in this work that under the principle of complementarity, the existing legal and institutional framework in respect of the effective combating of impunity is largely unsatisfactory, pitting States against the ICC especially where the jurisdiction of the court is triggered by the United Nations Security Council referral or when States feel that they are genuinely pursing justice through alternative judicial mechanism. It was thus posited that there is a need for the establishment of a coherent legal, institutional and jurisprudential framework for positive and more proactive complementarity model as against its classical model. In this light, the jurisprudence evolving from the court on complementarity appropriate policy alternatives and considerations both domestically and internationally, are considered so that the ICC takes an active role in helping a State fulfill its Rome Statute obligations instead of simply waiting on the sidelines to determine whether a State is both willing and able. As such, the collaborative efforts of the States and the ICC will promote objective of international criminal justice which is to end impunity.
Open Access
EXAMINATION OF THE ROLE OF THE NIGERIAN COMMUNICATIONS COMMISSION IN THE PROTECTION OF CONSUMERS IN THE PROTECTION OF CONSUMERS IN THE TELECOMMUNICATIONS INDUSTRY
(Department of Public and International Law, Nasarawa state university, Keffi, 2019-12-15) Udosen, Ubong Effiong
This work discussed the role of the Nigerian Communications Commission in the protection of consumers in the telecommunications industry. The Nigerian telecommunications industry has been identified as one of the fastest growing industries in the economy. Being under the Ministry of Communications, and for the purpose of continuity in development of the economy, the industry is regulated by the Nigerian Communications Commission by virtue of the Nigerian Communications Act 2003. The Commission amongst other responsibilities has the duty of protecting the consumers in the industry who are seen as the ‘Kings’ in the industry due to their role in the industry. The need to protect the consumers stems from the rights enshrined in the Consumers’ Bill of Right. Also, the complaints of the consumers in the services of the operators must be settled by the Commission who is the regulator in the industry. For the purpose of this research, the doctrinal method of research was adopted with the aim of examining the roles of the Commission. In this research, it was observed that telecommunications has been very impactful to the economy with examples given. Also, the complaints made by consumers on their ordeals in the industry; the role of the Commission by putting mechanisms in place to protect the consumers was also observed. An appraisal of the mechanisms was carried out to show the extent to which the commission performed its roles. The challenges faced in the industry are not excluded from this research. After an holistic examination, the researcher made recommendations which will help settle the challenges identified in the study. These include putting in place stiffer sanctions to check the activities of the operators and the issues of theft and vandalism of ICT infrastructure. On the issue of inadequate power supply, the researcher showed that need for power supply in the supply in the country; that which will settle other issues including security for safeguarding the generating plants used by the operators at the base stations. Other recommendations are made in line with the challenges identified in the research. In conclusion, the work fulfilled its intendment by examining the role of the Nigerian Communications Commission in the protection of consumers in the telecommunications industry. The significance of the research is notable; reason being that the content of this work is the first of its nature.
Open Access
THE ROLE OF THE UNITED NATIONS IN CURTAILING ASYMETRIC ARMED CONFLICT :BOKO HARAM IN PERSPECTIVE
(Department of Public and International Law, Nasarawa State University Keffi,, 2016-07-13) Aminu, Rahimatu
This research examines the consequences and implications of the ongoing armed conflict involving Boko Haram insurgents on the one hand and State and state sponsored groups on other. It also examines the role the United Nations should play in combating and controlling the conflict. The purpose of this study is to provide an in-depth analysis of the character and nature of the conflict between the Nigerian government troops and the Boko Haram insurgents with a view to highlighting the role as well as the mechanisms that can be adopted by the United Nations in preventing, managing or controlling asymmetrical armed conflict. The research reveals that mechanisms available to the United Nations for combating asymmetric conflicts exist under the United Nations Charter 1945. However, their effective application and implementation are largely determined by political considerations. There is a general inclination towards activating those mechanisms to international asymmetric armed conflict than towards non-international asymmetric armed conflict which as has been the major source armed,conflict in this contemporary age. In view of findings and analysis, the research makes recommendations for improving the present legal situation. .
Open Access
THE RIGHTS OF CHILDREN IN ARMED CONFLICTS: A CASE STUDY OF THE BOKO HARAM INSURGENCY IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2018-12-20) Wakil, Alhaji Garba
The puipose of this thesis is to examine the growth of Boko Haram sect in Nigeria with the aim of suggesting a strategy for resolving the crisis. The thesis will focus on evolution and impact of the sect on the rights of children, human rights abuses, internal displacement, insecurity, threat to education and loss of livelihood in North Eastern Nigeria particularly in Adamawa, Borno, and Yobe States. The thesis will explain that the government responses toward the Boko Haram phenomenon remain inadequate. This thesis will proffer recommendations on how the government would address the root causes of the crisis as well as vulnerability of children who become victims of the insurgency in the North Eastern part of Nigeria. The study therefore adopted a doctrinal method and findings were made which include attacks and abductions of children, violation of international humanitarian laws and rules, inability of children under Boko Haram controlled territory to access basic necessities of life and weak responses of Nigerian government in addressing Boko Haram insurgency and the Internally Displaced Persons (children).
Open Access
REVIEW OF THE APPLICATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT ACT IN THE OIL AND GAS INDUSTRY IN NIGERIA.
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2020-02-11) Akpan, Peter Isaiah
1 his research is aimed al appraising the application of Environmental Impact Assessment Act (idA) in the Oil Industry in Nigeria. The research critically examined the enforcement of EIA in ihc Oil and Gas Industry as well as issues and challenges that militate against effective compliance and implementation of EIA in Nigeria. Exploration and production activities in the Oil and Gas Industry in Nigeria was carried out, from inception, without taking into cognizance ll'.o environmental impact of such projects. This resulted in the continuous degradation of the environment through Oil spill, Gas flaring etc. thereby affecting both human and aquatic life. Consequently. Environmental Impact Assessment (EIA) was introduced in Nigeria. EIA was needed before any project likely to have environmental impact can proceed with a view to militating the impacts such projects would have on the environment, especially those of the Oil and Gas industry. As a result, Environmental Impact Assessment Act was enacted in 1992. In achieving the purpose of this research, the work deals on the history, environmental impact, consequences and the legal framework of Oil and Gas pollution in Nigeria. It further expatiates on the concept of EIA thereby bringing out its internationalized municipal legal framework. The institutional and regulatory framework of EIA in Nigeria with specific reference to the role of the Federal Ministry of Environment (FME) is also dealt with. The work concludes by looking at the challenges in the implementation of the EIA Act in Nigeria to include lack of enforcement of laws by Ihc relevant agencies, absence of reliable baseline data against which impact of a project can be weighed, lack of meaningful public participation in the EIA process and multiplicity of regulalory bodies with identical roles. This work proffered recommendations for an effective EIA process in Nigeria to be achieved especially in the Oil and Gas industry to include harmonization of the regulatory bodies responsible for the conduct of EIA, encouragement of public participation in the EIA process,existence of political will on the part of government, vigorous * enforcement of environmental law sand having one acceptable baseline data.
Open Access
ISSUES, CHALLENGES AND PROSPECTS TOWARDS A BETTER ADMINISTRATION OF JUSTICE IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2019-08-02) Abdul Yusuf, Kayode
The Judiciary as the guardian of the rights of citizens protects these rights from all individual and public encroachment. The perception by citizens and foreigners within the country that they can rely on the certain and prompt administration of justice increases their feeling of liberty, safety and justice which are all components of our collective humanity. The sole duty of any judge, in any country which upholds rule of law as a way of life, is the attainment of justice in every given case. The burden of ensuring that no one unjustly suffers the deprivation of his liberty, or that his rights are denied without following the due process of law rests on the shoulders of the Judiciary. In order to ensure the performance of this all important service, a judge must possess a sense of impartiality. It has been said that the basis of a just order on earth finds clear description in man giving to man what is his due. That, in essence, is what justice is all about. Such is the indispensability of justice that it is repeated in several portions of the Holy Books- the Holy Bible and the Holy Qur’an. Consequently, the rule of law as an element of constitutionalism in a democracy depends upon how and by what procedure it is interpreted and enforced. Therefore, when the Judiciary is weak, poor governance thrives. The aim of the research is to identify loopholes in the administration of justice system in Nigeria and proffer solutions. The method of research adopted in the course of the study to a large extent is doctrinal research method. Relevant and related literatures were also reviewed. Data was generated from primary data sources such as provisions of international, regional and national conventions, statutes, declarations and policies. Secondary data was sourced from library materials, newspapers, journals, articles and various other sources including the internet. The findings revealed that, there is a need for re-examination of how justice is administered in Nigeria. The research further revealed the need for Government to embark upon a reform of the archaic Nigerian laws which also contributes to the slow pace of administration of justice in Nigeria. The research further highlights proposals and recommendations which will ensure standardization of the Nigerian justice sector in line with global best practices. The research concluded by recommending the thorough overhaul of the various institutions concerned with the administration of justice in Nigeria and these stakeholders include the Nigerian Police Force, the Nigerian Prisons Service, the Judiciary and prosecuting agencies. The research also recommends that Government should focus on providing the necessary funding for the stakeholders in the administration of justice system which in turn will positively impact on the welfare and provision of modern equipment for these stakeholders.
Open Access
IMPERATIVE OF DOMESTICATING THE SUPREME COURT DECISION IN UKEJE V. UKEJE ON WOMEN INHERITANCE IN IGBOLAND.
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2020-02-21) Nneka, Bon-Nwakanma
This research topic was motivated by examining the discriminations and inequalities suffered by women in Igboland as regards inheritance of property and proffering solutions thereby ending the untold hardship which the decision in Ukeje v. Ukeje has settled. Though statutory and international laws have affirmed women’s right to own land and properties in Igboland, these women are often denied access and ownership of such properties. Hence the objective of this research is to ensure that this decision is domesticated and codified into our statutory laws. The researcher adopted the doctrinal approach and relied on primary and secondary sources of gathering materials. Finding of facts reveal that generally, Igbo communities are male dominated in nature which had the unequal positioning of the male as heirs and successors in terms of inheritance, economic and socio-cultural powers while women are relegated to the background. Even while most of the cultural traits of society are fast changing as in a dynamic world, this inheritance right is not resilient but rather remains static. The implication of this is that women cannot inherit her father or husband’s property, rather, male strangers were willfully allowed to inherit same. This research therefore, seeks to ensure that this decision be domesticated and codified as binding on Igbo communities. This research recommends the need for grassroots public enlightenment programs and awareness such as offering free legal aid services as per inheritance rights which should be made available to women in Igbo communities, to enable the women understand, protect and enforce their rights. This can be achieved by targeting strategic places like markets, churches, town hall meetings, and August meeting. If the recommendations proffered in this research are followed, women will be liberated from being ignorant (Ignorantiajuris non excusat).
Open Access
IMPACT OF TRAINING ON EMPLOYEE'S PRODUCTIVITY
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2019-04-16) Augustine, Ifeyinwa Rejoice
This research work evaluates the impact of training on employees ’ effectiveness. Training and development is continuous process in improving the excellence of employees. This study intends to enhance their current and future performance but the organization should keep an eye on their performance after conveyance of training, it means training needs evaluation, it is an organized process offixing the employees behavior towards the achievement of organization’s goals. A training program is a movement of the employer to provide opportunities to assess job related skills, attitudes and information for the employees. To overcome the growing demands of business market that is becoming dynamic and updated in modern world and also to take this sector to the heights of global brilliance necessitates the best combination of new technology’, skillful and talented people. This study attempted to discover that training and development exist in organizations and its influential impact on the efficiency of employees to fulfill the needs of their customers.
Open Access
EXAMINATION OF LAW AND PROCEDURE FOR DOMESTICATION OF TREATIES IN NIGERIA
(DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2016-12-10) Damina, Joshua John
No doubt countries which are geographically far apart are becoming increasingly interconnected and interdependent, sovereign privacy is gradually being obliterated as the high walls of nationalism continue to give way to internationalism, events which up to the middle of the twentieth century, were private and internal to the Sovereign are now the focus of international action. This result is the product of the unity created by both bilateral and multilateral treaties geared toward the common good of the international community. An intention to be so bonded is often evidenced by becoming a signatory to the said treaty, sometimes though in addition to being a signatory to a treaty, such a treaty may also have to be domestically incorporated by the state assuming such obligation before her citizens can fully benefit from its provisions. Section 12 of the Constitution of the Federal Republic of Nigeria 1999 as amended is one such instance. It requires that a treaty be domesticated by the Nigerian legislature before it can be admitted in Nigeria court. This section further provides that where the subject matter of a treaty falls outside the Exclusive legislative list, a bill for an Act of the National Assembly to give the treaty the force of law must be ratified by a majority of all the Houses of the State Assembly in the Federation before it is enacted and assented to by the president. This study examined the mode of enforcement of treaties in Nigeria and the challenges faced in the implementation and application of treaties the study was also geared towards ascertaining whether certain important treaties in international law have been effectively applied in Nigeria to promote the well-being of Nigerians. The study relied on case law and certain fundamental international conventions such as the Vienna Convention on treaties 1969 amongst others. The study also examined the position of Nigeria before and after the Third Alteration Act 2010 and the Treaties Making Procedure Act 2004 so as to ascertain whether or not the status of Nigeria has changed in her relationship with the international community. The study went further to make some recommendations. It is clear that more still has to be done towards promoting domestication of treaties in Nigeria.