Art

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Open Access
Call for Jus Ad Bellum for Non-International Use of Force
(Department of Public and International Law, Nasarawa State University, Keffi., 2017-07-15) Okebukola, Elijah Oluwatoyin
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
A Universal Procedural Framework for War Crimes Tribunals
(Department of Public and International Law, Nasarawa State University, Keffi., 2012-05-21) Okebukola, Elijah Oluwatoyin
Notwithstanding the uniformity of war crimes substantive law, applicable procedural rules vary from jurisdiction to jurisdiction. In the case of ad hoc tribunals, the applicable rules may not be known until rhe tribunal is established. Consequently, there IS uncertainty and incoherence in war crimes procedural law. Furthermore, the quality of applicable rules is dependent on the varying experience, knowledge and intentions of the framers of the procedural rules of each tribunal. "This article makes the case for a univer- sal procedural framework that can serve as an instrument for evaluating and creating war crimes proce- dural rules. Amongst other things, such a framework will bring about certainty and coherence in war crimes procedural law. In devising the model framework, the article adopts the Benthamite approach to the relationship between substantive law and procedural law and also relies on some aspects of the process evaluation theories of Robert Summers and Michael Bayles.
Open Access
Towards a Responsive Approach to Teaching International Law in Nigerian Universities
(Department of Public and International Law, Nasarawa State University, Keffi., 2022-01-06) Aliyu, Halima Doma
Since attaining independence in 1960, Nigeria has been a key player in international affairs. It has contributed to conflict management, and supported other developing countries and international institutions in many ways. In the context of current global realities and challenges, knowledge of international law has become very important and its increasing importance makes it a foundational element of any legal system. Notably, international law has always been a source of law in Nigeria; yet in terms of scholarship, it appears not to be given the level of attention it deserves. This paper adopts a mixed research method through qualitative analyses of available literature on the research subject, and interviews conducted with seven teachers of international law across different Nigerian universities, to consider the role of pedagogical methods in providing robust learning experience and enhancing better understanding of international law. Specifically, the study analyzes the traditional methods and materials used to teach international law with a view to assessing their efficacy against the background of current global affairs. The study finds that traditional teaching methods are beneficial and therefore remain relevant. However, the complex nature of international law coupled with globalization and emerging trends in the international arena demands for more innovative and effective teaching methods. The study therefore concludes by making a case for complementing the traditional methods currently in use with modern teaching tools and techniques in line with global best practices.
Open Access
LEGISLATIVE OVERSIGHT FUNCTION OF THE NATIONAL ASSEMBLY: NIGERIA’S EXPERIENCE IN ABUSE OF PROCESS AND ULTRA VIRES PRACTICES
(Department of Public and International Law, Nasarawa State University Keffi, 2020-03-05) Julius, Beida Onivehu; Aliyu, Halima Doma
Open Access
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
Emerging Trend Of Spousal Violence In Contemporary Nigeria
(Department of Public and International Law, Nasarawa State University, Keffi., 2020-02-23) Peter, Sesan A.; Aliyu, Halima Doma; Baamshal, Isabel
Spousal violence is a global social problem chat has no territorial, gender, class or religious boundaries, Despite its high incidence, spousal violence in Nigeria is perceived with gender bias: it is mostly associated with men regardless of documented cases offcmaleycrpetrated violence. This paper therefore examines the phenomenon holistically with a view to .. identifying the factors responsible for the increase in spousal violence in Nigeria, the conflict resolution mechanisms , employed in curtailing spousal abuse, and how to reduce spousal violence in Nigeria. This study employed secondary .sources. of data collection The findings show that female violence against their spouses or partners has become prevalent in contemporary Nigeria. The causative factors include the high level of poverty in the country, psychological disposition, revolt against unhealthy cultural practices and power structure, social media influence, peer group and extended family influence, / disrespect for elders and cultural leaders, substance abuse by women, and the penchant for modem methods of conflict resolutions as opposed td more effective traditional methods, among which mediation stands out. The study recommends, among others, that spouses should learn to collaborate as partners in progress in building their families instead of competing 1 for dominance or authority. The religious and cultural perception of power structure in the family should be such that ho partner is regarded as subservient or inferior. Traditional methods of conflict resolution should be promoted to build lasting . peace in the family, which is the microcosm of society.
Open Access
Certification of Islamic Marriages in Nigeria: Realities, Challenges, and Solutions
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-06-10) Aliyu, Halima Doma
The Nigerian Constitution guarantees the rights to have a family life, and freedom of religion. To this end, it recognizes three forms of marriage, namely customary marriage, Islamic marriage, and statutory marriage. While statutory marriage is required to be registered by law, there is no law necessitating the registration of customary or Islamic marriages. Yet in recent limes, statutory marriage has gained popularity amongst Nigerians regardless of cultural or religious affiliations. This development is linked to modernization, the requirement to prove marriage for official transactions, and a perceived protection that documentation from the inarriage registry offers against sociolegal challenges such as guardianship of children, increase in interfaith znarriages, immigration, protection against arbitrary divorce, etc. Thus, it is now common to find couples who may have contracted customary or Islamic marriage combining it zuith statutory marriage thereby giving rise to a multi-tiered or double-decker marriage zuhich. seems to have emerged as a fourth type of marriage in Nigeria. Drawing on current literature and empirical research using qualitative methods, this study examines the systems of marriage in Nigeria zuhile placing the spotlight on Islamic marriages that are accompanied by statutory marriage. The pattern of marriage registration among the Muslim community is investigated in order to understand its possible link zuith the grozuing popularity of multi-tiered marriage among Muslims in Nigeria. The study then reflects on the legal implication by probing potential conflict situations between certain provisions of the Marriage Act and basic ideals of Islamic lazu. It concludes
Open Access
TOWARDS JUSTICIABILITY OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS IN NIGERIA: A ROLE FOR CANADIAN-NIGERIAN COOPERATION?
(Department of Public and International Law, Nasarawa State University, Keffi., 2018-09-28) Aliyu, Halima Doma
On the broad level, this article discusses ESC rights in Nigeria in the context of the international human rights architecture, and in the context of the reality and play of global affairs. In these contexts, bilateral as well as other international agreements maintain a vital role in fostering transnational cooperation in the field of human rights. It is within this framework that Canadian-Nigerian engagement in the fulfilment of ESC rights is considered. The article also considers the theoretical aspects of ESC rights juxtaposed against CP rights, thereby expounding interdependence of these categories of rights. In the course of the discussion, judicial interpretation of the constitution and other provisions relating to ESC rights in Nigeria are examined, with the objective of making a case for the justiciability of ESC rights in Nigeria. In the end, the article concludes that Canadian-Nigerian human rights cooperation has a role to play in enhancing the legal and judicial implementation of these rights in Nigeria.
Open Access
Nigeria’s Mixed Legal System: An Outline From A Historical Perspective
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-03-26) Aliyu, Halima Doma
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
HUMAN RIGHTS OF PERSONS WITH DISABILITIES: CHALLENGES OF PROTECTION AND ENFORCEMENT IN NIGERIA
(Department of Public and International Law, Nasarawa State University, Keffi., 2018-07-21) Aliyu, Halima Doma
The World Health Organization estimates that globally, one billion people have a disability; with 80% of that population living in developing countries. Disability prevalence is likely to increase in the future due to an increase in natural disasters, armed conflict, disease, and an aging population. People with disabilities (PWDs) face significant levels of discrimination and are often prevented from participating in their communities. Nowhere does this ring truer than in Nigeria, where, despite committing to key international and domestic instruments, 25 million disabled citizens continue to live in relative poverty, are often impeded in their access to public services and opportunities. This article considers the legal framework within which the rights of PWDs are addressed in Nigeria. It further examines the extent to which these laws impact the well being of the disabled, and identifies barriers to the effective realization of their rights. Recommendations are made for a blend of legal and social approach in tackling the barriers.
Open Access
OWNERSHIP RIGHTS AND RESPONSIPJ.MTIES: IMPLICATION FOR GOVERNMENT OWNERSHIP OF PETROLEUM IN NIGERIA**
(Department of Public and International Law, Nasarawa State University, Keffi., 2013-10-20) Anigbogu, Bridget; Aliyu, Halima Doma
It is beyond dispute that Nigeria272 is a petroleum yielding country,273 the value of her exports is roximately S142.52 billion Dollars (USD) and the estimate of the proven crude oil reserves is approximately 37.14 billion barrels according to the Department of Petroleum Resources.27'* Another notorious fact is the reality of massive environmental degradation in the host communities as a result of reckless petroleum exploitation from the operator companies that do business therein, of which the Nigerian government through her agency the Nigerian National Petroleum Corporation (NNPC) is involved. It is rather curious that despite the fact that the Nigerian Government is both a major player in the petroleum business as well as a regulator of the said industry yet pollution reigns supreme. Therefore this paper will examine the implication of Government’s ownership rights of petroleum to determine the extent of her responsibilities towards environmental degradation in the Niger Delta Region
Open Access
The Relevance of Corporate Governance and Corporate Social Responsibility in Emerging Markets
(Department of Public and International Law, Nasarawa State University, Keffi., 2016-05-23) Abdulkarim, Ibrahim; Aliyu, Halima Doma
This paper discusses corporate social responsibility in emerging markets. In addressing the topic of this paper, three basic issues are examined, namely: corporate governance, corporate social responsibility and emerging market. Furthermore, corporate social responsibilities that are expected from companies engaged in business in Nigeria are also critically examined. Consequently, recommendations are propounded based on the observations made in the course of this research.
Open Access
DEVELOPING A CYBERLAW CURRICULUM FOR NIGERIAN UNIVERSITIES
(Department of Public and International Law, Nasarawa State University, Keffi., 2014-06-29) Okebukola, Elijah Oluwatoyin; Abdulkarim, Abubakar Kana; Essien, Isaac J.; Aliyu, Halima Doma
This paper identifies the contents of existing courses in relation to those of cyberlaw. This exercise demonstrates that certain areas in cyberlaw are already in existing courses. Notwithstanding, the paper will analyse contemporary legal and social needs with a view to justifying the introduction of cyberlaw. This analysis will be in the context of topics, issues, areas, rules and principles that are relevant to cyberlaw but not contained in existing courses. Finally, the examination of certain computer-related courses demonstrates how they are either subsumed by or distinct from cyberlaw. Apart from the main matters, the paper addresses relevant but fringe questions such as the appropriate spelling of the proposed Should it be ‘cyberlaw’, or ‘cyber law’?
Open Access
ICT ENHANCED COURTROOMS IN NIGERIA: ARE THE CODITIONS FOR EFFECTIVENESS MET?
(Department of Public and International Law, Nasarawa State University, Keffi., 2017-06-21) Aliyu, Halima Doma; Anigbogu, Bridget
Open Access
POWER SHARING WITHIN A FEDERAL STATE: NIGERIA IN CONTEXT
(Department of Public and International Law, Nasarawa State University, Keffi., 2018-12-24) Aliyu, Halima Doma; Saleh, Hussaini Shat; Shigaba, Danjuma
Open Access
RATIO DECIDENDI AND JUDICIAL PRECEDENT
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-07-07) Aliyu, Halima Doma
Open Access
Enhancing the Right to Education to NIgerian Strategic Legal Mechanisms
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-10-18) Aliyu, Halima Doma
Nigeria is known to be the most populated nation in Africa, and the seventh most populous country in the world. It is also noted for having the highest number of out of school children in the world (13.2 million); a clear indication of its failure to respect the right to education enshrined in Article 26 of the United Nations Declaration of Human Rights of December 1948, and other Economic, Social and Cultural (ESC) norms which provide for the foundations of a respectable quality of life. The necessities of life encompass, at-a minimum, the rights to adequate nutrition, housing, health, and also education, which is both a human right in itself and an indispensable means of realizing other human rights. In spite of Nigeria's commitment to international and regional instruments on ESC rights; and the recognition given to these issues in the Constitution, the same constitution only recognizes ESC rights as directives of state policy and does not accord them the status of fundamental human rights, while at the same time doing so in the case of Civil and Political rights guaranteed in its Chapter IV. Furthermore, Section 6 (6) (c) of the Constitution is to the effect that issues contained in the said Chapter II are not justiciable in the courts, except to the extent that they are rendered justiciable in statutes. Accordingly, the justiciability of ESC rights has been the topic of much academic and institutional debate generally, and the objections to the justiciability of ESC rights have, for a long time, effectively precluded many judicial institutions from protecting ESC rights and ensuring that victims of all human rights violations are guaranteed access to effective remedies. Recent jurisprudence however indicate that the tide seems to be changing with proactive laws, strategic litigation and judicial activism. It is in the light of the foregoing that this paper examines and analyses judicial reaction towards the right to education in Nigeria. The paper uses doctrinal method and content analysis of Nigerian statutes, case law, and relevant literature.
Open Access
Evaluating the Multi-Door Courthouse System in Nigeria: Issues, Challenges and Prospects
(Department of Public and International Law, Nasarawa State University, Keffi., 2019-11-28) Aliyu, Halima Doma
It is widely believed that the effectiveness of any judicial system is gauged by its aptitude to provide timely and appropriate j'ustice to parties in a dispute. Unfortunately, the Nigerian Justice System cannot claim such effectiveness because it is perceived to be overburdened, sluggish, expensive, and complex. Faced with this unfavorable situation, many Nigerians (particularly the poor and vulnerable), are unable to successfully obtain justice through the formal system. Consequently, this continues to undermine public confidence in the Nigerian judicial system. In response to the foregoing, the justice system is being reformed, and a major initiative incorporated to this end is the use of Alternative Dispute Resolution (ADR), and the establishment of Multi-Door Courthouses (MDC) to supplement the work of conventional courts. Presently, sixteen (out of 36 States), and all the federal courts in the country have embraced this dispute resolution strategy. Yet, despite these efforts, there seems to be no significant improvement from the status quo. This article illuminates the factors militating against the seamless operation of a viable MDC system in Nigeria. The article first considers the importance of access to justice in a democratic society, while reflecting oTrthe basic problems with the justice system in Nigeria. It then considers the concept of Multi-door Courthouse as a sustainable response to these problems, before drawing on current empirical research to highlight the successes and challenges of the MCD initiative in Nigeria so far. The article concludes by proffering solutions