Journal of International Law and Jurisprudence
The Journal of International Law and Jurisprudence is published annually by the Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Jos, Nigeria. The journal is devoted to contemporary issues of relevance to the legal, academic and commercial communities.
Department of International Law and Jurisprudence
An Interrogation of The Scope of Compliance with The Principle of Distinction in The Course of The Russia’s War on Ukraine 2022
The principle of distinction is the cornerstone of the protection regime available to the civilians and civilian objects during armed conflict. This forms the basis for the robust provisions dedicated to the protection of these protected entities in Geneva Convention iv and additional protocols 1 & 2 of 1977 and other related laws governing the conduct of hostilities. This article examines the scope of compliance with the principle of distinction in the Russian/Ukraine war 2022. It highlights some of the civilian objects that came under attack and the number of lives lost. It recommends free and transparent access to investigators to unearth the perpetrators with a view to making them account for their wrongful acts.
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The Legal Framework Regulating Elections in Nigeria
The process called election would be practically impossible in a non-democratic system of government. Democracy is a system of government where the people rule directly or indirectly through representatives periodically elected by them through an electoral process. The determinant factor of the time frame for elections differs due to the distinctive feature of various electoral systems applicable in different countries. Lincoln[1]who is a major proponent of democracy is believed to have given one of the most comprehensive definitions of democracy. He opined that democracy is a government “of the people, by the people and for the people. “The participation and involvement of the people is paramount. Clearly, the stability of a democratic system is hinged on the fulcrum of credibility and fairness of elections which are indispensable pillars of sustainable democracy. Free and fair elections satisfy the innate desires of every democratic country. Since Nigeria gained her independence from colonial rule, Nigeria’s electoral process has been bedevilled by irregularities including political thuggery, voter intimidation, violence, and electoral fraud committed either by INEC, Security officials, political parties and their officials or their supporters. These various acts obliterate the foundations of ideal elections in a country practicing the democratic system of government. Achieving this ideal situation will engender having set of laws, rules and regulations enacted or made to ensure the effectiveness of an electoral process. This work looks at the various existing legal regulatory framework that are in place for elections to be truly democratic include; The CFRN 1999 (as amended), The Electoral Act 2022, INEC Regulation and Guidelines for the Conduct of Election 2022, The Code of Conduct and Rules of Engagement for Security Personnel on Electoral Duty, 2020. Etc.
A Progressive Interpretation of The Doctrine of Sovereignty
The final Diplomatic Conference in Rome witnessed sovereign States who sought for a statute that would specifically accommodate their own particular domestic constitutions. They rather ended up creating an international justice system that is sui generis in nature carrying the imprimatur of many legal systems but closely resembling none and yet very involving. Without assurances of express or implied exclusion of potential constitutional issues, the overwhelming majority of States that participated in the Rome Conference consciously voted in favor of the Statute with all its implications. Eventually, this Treaty established the International Criminal Court (ICC) and re-echoed the Nuremberg dogma of individual criminal responsibility under its article 27. The whole of the Rome Statute was entirely an act of sovereignty, but history has clearly shown that article 27 of the Statute, though elegant to sustain responsible governance, yet, for sovereignty, it is a walk in the dark. Hence, criminal accountability of sovereigns for international crimes has consistently remained an uphill task, indeed a nightmare in a broad daylight. The question is can sovereignty be made accountable for its crime. This study aims at a progressive interpretation of the doctrine of sovereignty and its immunity clauses as a panacea to the enforcement of Article 27 of the Rome Statue. The objective is to highlight effect of the doctrine of sovereignty on article 27 of the Statute and discuss the need to enhance global responsible sovereignty. The study adopts doctrinal designs using analytical approach with reliance made on Statutes, case law, law reviews and data in web-based sources all subjected to content analysis. The research found that without a progressive interpretation of the doctrine of sovereignty in line with Article 27 of the Rome Statute, enforcement of individual criminal responsibility of sitting sovereigns will remain an uphill task.
The Right of Victims of Crimes Under the Administration of Criminal Justice Act, 2015 in Nigeria
The Nigeria Criminal Justice System leaves much to be desired. Besides the unacceptable and enormous responsibilities reposed on the victim in oiling the wheels of criminal justice system, the victim is unduly exposed to avoidable hardships and dangers. Unfortunately, a critical look at our victim compensation policies will without doubt reveal that the said policies are far below the acceptable minimum. In all, one is left to wonder if the Nigerian Criminal Justice System does not further victimize the victim. The issue of protection and compensation for victims of crime has gained prominent attention in international discourses in recent times. This issue was examined within the context of Nigeria from criminological and sociological standpoints; and gave it an analysis derived from the writer’s legal knowledge. This paper is an attempt to examine the right of victim(s) of crime under the Nigerian Administration Criminal Justice Law and review how the system has protected or marred the interest of the victim of crimes. The paper concludes that Nigeria lags behind seriously, given its huge potential in human and material resources, compared with other advanced Commonwealth countries in its treatment of, and attention accorded the issue. The paper offers some recommendations considered relevant enough to bring expected change in compensation of victim of crime in Nigeria.
Administration of Criminal Justice Act 2015
Decommissioning of petroleum assets has been a global concern due to its adverse environmental risks occasioned by oil firms’ operations. This problem often occurs on land and deep seas which have become uncontrollable as international and municipal legal regimes are less effective as member states’ multinational oil firms or corporations often disregard the conventions on the treatment of disused oil and gas assets by abandoning their infrastructure upon the cessation of oil exploration and production activities. This has occasioned the pollution of the ecosystem. The paper embraces a conceptual legal approach utilising existing literature to aid a doctrinal library-based legal technique. The paper also utilises primary and secondary sources of laws. Also, a comparison of decommissioning of oil and gas installations in the United Kingdom, Norway, United States and Nigeria were done with the lessons Nigeria can learn to improve the laws on decommissioning. The paper finds that weak enforcement, absence of comprehensive law governing decommissioning of offshore oil and gas installations with no credible records yet of decommissioning requirements and structure that are due for decommissioning, their locations, seize and cost of decommissioning. However, section 231(1) of the new Petroleum Industry Act 2021 regulates petroleum decommissioning. Absence of specialised agency to oversee decommissioning with vital technical expertise to promote efficient environmental governance in Nigeria. The paper advocates overhauling of Nigeria's laws on decommissioning and strict compliance with best practices and other extant legal regimes. The study advocates stringent enforcement of Decommissioning and Abandonment Fund in section 233(1) of the Petroleum Industry Act 2021 to deter non-compliance with decommissioning obligation. Conclusively, the paper recommends scientific environmental decommissioning to restore petroleum sites to their natural state.
In order to safeguard the rights of the citizenry; promote accountability, transparency and other essential virtues of a decent and just society; it is necessary to promote, strengthen and protect the integrity of our judicial system as well as the integrity of the individual adjudicator that is charged with the onerous responsibility of the dispensation of justice. A judiciary of undisputed integrity is the bedrock institution essential for ensuring compliance with democracy and the rule of law. Even when all other protections fail, it provides a bulwark to the public against any encroachments on rights and freedoms under the law. These observations apply both domestically- in the context of each nation State - and globally, viewing the global judiciary as one great bastion of the rule of law throughout the world. Ensuring the integrity of the global judiciary is thus a task to which much energy, skill and experience must be devoted. This paper discusses the principles of the rule of law as well as its extant application in Nigeria. Furthermore, the paper highlights the role of the judiciary in upholding the rule of law in furtherance of maintaining law and order in the society. The doctrinal method of legal research methodology was applied in conducting the research writing for this paper and findings were deduced. In the findings of this research paper, observations were made as to the non-chalant attitude of the Federal and state governments in disobeying court rulings and judgments as well as flagrant abuse of court orders by federal and state agencies. The paper further makes recommendations on the need to strengthen the rule of law in Nigeria with a view to promoting sanctity in our relatively young democracy.
An Appraisal of The Legal, Operational and Regulatory Interventions in The Control and Prevention of Controlled Flight into Terrain (CFIT) in Civil Aviation Operations
Aviation accident reports worldwide have identified a list of causative factors as leading causes thereto. One of such factors is Controlled Flight into Terrain (CFIT). CFIT as one of the causes of aviation accidents is relatively unknown to non-aviators. Irrespective of this obscurity, CFIT remains a major cause of aviation accidents globally as evident in aviation investigation reports. However, the preceding two decades have witnessed rapid technological advancements which have evolved in the aviation industry to aid pilots’ (crews) situational awareness in the course of navigation. These advances have contributed greatly, leading to a dramatic reduction in the global statistics of General Aviation (GA) Controlled Flight into Terrain (CFIT) accidents and incidents. Albeit, CFIT has continued to occur in the aviation industry, it is gratifying to notice a geometric decline in statistics thereof. This paper, cognisant of the foregoing, discusses the concept of CFIT as a causative factor in accidents in the aviation industry. This is with a view to advancing the study of CFIT as one of the causes of aviation accidents. The paper examines the causes of CFIT, paying particular attention to consequential contributory factors and measures of control especially technological, regulatory and legal interventions. The paper undertakes an assessment of CFIT vis-à-vis crew operational challenges. The paper also proffers measures aimed at averting controlled flight into terrain. The paper finds that there are various reasons why CFIT occur, but mostly as a result of loss of situational awareness by the crew.
Operational and Regulatory Interventions
Control and Prevention of Controlled Flight
Access to clean energy is crucial for the socio-economic growth and poverty eradication of every nation. However, Nigeria's power sector has been plagued by issues such as inefficient generation and distribution of electricity, leading to a shortfall in meeting the energy demands of the populace. This has resulted in a decrease in the standard of living and limited the country's economic growth potential. Despite efforts to increase power access, progress has been limited. In light of these challenges, this study aims to provide an overview of renewable and sustainable energy's potential, regulation, development, and challenges that hinder its maximum utilization for increased power generation. Ultimately, this work seeks to provide solutions to the poor state of power in the country.
Dissecting The Provisions of High Court of Plateau State Civil Procedure Rules 2020
The High Court of Plateau State (Civil Procedure) Rules, 2020 emerged after 33 years of application of the repealed Plateau State High Court (Civil Procedure) Rules 1987. The evolution of the Rules in 2020 can be regarded as a landmark event given that the repealed Plateau State High Court (Civil Procedure) Rules 1987 had outlived its usefulness. The level of social, economic and technological advancements spanning over three decades that the repealed Rules had been in force and the changes that had occurred from that time till date can best be described as significant and phenomenal. The emergence/evolvement of Information Communication Technology and mobile telephone communications alone in the last 10-20 years had been quite epoch making. These developments meant undoubtedly, that the repealed 1987 Rules should be jettisoned and preserved in the archives for historical reference. Remarkably, the transition from the 1987 Rules to the 2020 Rules can best be described as a transition from analogue system to a digital system. In view of these monumental changes, this paper examines the imperativeness for reform and x-rays the innovations introduced in the High Court of Plateau State (Civil Procedure) Rules 2020. The paper beams its searchlight on provisions in the new Rules that are geared towards expeditious disposal of civil suits. The paper notes that the enactment of the new Rules has come with its challenges and makes recommendations on how some of the challenges can be addressed going forward.
Assessing The Right to Protest Under the Nigerian Law
Protest is one of the potent means of drawing the attention of the government and demanding a reflection of the yearnings and aspirations of the people in her policies. In Nigeria, the right to protest of any Nigerian is guaranteed and protected under the international law and Section 40 of the 1999 Constitution of Federal Republic of Nigeria (as amended). Guaranteeing the right to protest is subject to the general restriction placed by section 45 of the Constitution. Public Order Act is one of the laws in Nigeria regulating protests but its provision has raised controversies over the requirement of permit before gathering for protest march. The Public Order Act curbs on the enjoyment of the right enshrined in section 40 of the 1999 Constitution, as such, the Act cannot be said to be reasonably justifiable in a democratic society as to make it come under the exception of section 45 of the Constitution. This article examines the concept of protests, cases of protests in Nigeria, the legal framework for protests, right to protest in Nigeria and whether police permit is required before embarking on a protest march in Nigeria.
The Russian and Ukrainian Conflict in Perspective
The 24th of February, 2022, will go down in the annals of history as a day of grim sobriety and palpable disruption of the hitherto international rules-based order. It was the day Russia invaded Ukraine in defiance of the provisions of paragraph 4 of article 2 of the United Nations Charter of 1945 which unequivocally prohibits the threat or use of force by Member States of the United Nations (UN) against the territorial integrity or political independence of another sovereign state. This article seeks to interrogate the efficacy of the United Nations in safeguarding international peace and security against the backdrop of the Russian invasion of Ukraine. Adopting the doctrinal and qualitative research methodologies, the article examines the measures taken by the Secretary General of the UN, the General Assembly, the Security Council, and the International Court of Justice (ICJ). The article finds that despite the various measures taken by the UN so far, the international armed conflict in Ukraine persists with impunity. The article also finds that the conflict has occasioned superfluous human suffering, wanton destruction of lives and infrastructure, and unbridled refugee crisis. Against this backdrop, the article vehemently makes a case for strategic legal and regulatory reforms so as to bolster the efficacy of the UN in realising its quintessential objective of promoting international peace and security for the benefit of mankind.
The Need to Criminalize Marital / Spousal Rape in Nigeria
Marital/Spousal rape in marriage is non- consensual sex in which the perpetrator is the victim’s spouse. It is a form of domestic violence which has been condoned or ignored by law and the society at large. The reasons for the reluctance by many countries (especially Nigeria), not to criminalize and prosecute marital rape can be attributed to the failure of a precise definition in our laws, the traditional perception of the issue of marital rape, and the lack of public knowledge that forced sexual intercourse in marriage is illegal. There is thus, an urgent need for the amendment of Sections 6, 282, and 357 of Nigerian Criminal and Penal Codes to include spousal rape in its definition of rape. The essence for proposing that the laws on sexual offences in marriages should be implemented is not because other countries are doing so, but because the issue of marital rape has become a trending and overwhelming issue in Nigeria and victims are very reluctant to report such cases for a number of reasons which include fear of their perpetrator’s vengeance or retribution, no cause of action in law as in Nigeria where spousal rape is not yet criminalized. There is the urgent need for Nigeria to review its sexual offences laws to include marital rape, as this will gradually reduce the issue of rape in marriages and also protect the right of a wife to retain and control her body’s integrity and rights. It is also recommended that the strengthening of our legal and institutional framework to meet up with modern acceptable definition of rape to include spousal rape in the definition of rape in Nigerian Criminal and Penal Codes so as to aid its criminalization.
Human Rights and The Treatment of Persons on Remand in Pre-Trial Detention
The issue of human rights violations has been at the forefront of most discussions in Nigeria especially in the Correctional Service System. Even though the aim of imprisonment has been to serve as a retribution for offences committed and to serve as a deterrent to others as well as reformation of the offender, investigations have revealed that the prisons are at the fore-front of abusing the basic human rights of its occupants (i.e., the prisoners). Human rights are the basic guarantees for human beings to be able to attain their freedom and some of these rights do not cease simply because the individual is in prison. The situation in the Correctional Service Centres has shown that the human rights situation in Nigeria is not ideal even though concerted attempts have been made to redress this, but this issue still persists. Overcrowding in the prisons of which the major reason is the high number of inmates in pre-trial detention has made tackling this human rights abuses more cumbersome. This article discusses the rights available to the prisoners and how some of these rights have not been made accessible to the prisoners, the government machineries that have unwittingly aided in the violation of these rights and how these abuses can be checkmated.
Harmonising The Social Contract Theory with Contract Law
Exponents of the social contract theory claim that the theory offers the philosophical and political platform for advancing the legitimacy of State and the bindingness of criminal law. Not much work has been done to ascertain the extent to which the social contract answers the description of a contract according to contract law. This paper concedes that the social contract can be distinguished from ordinary commercial contract. However, it contends that for the fact that it is called a contract of any sort whatever, the social contract should answer the description of a contract according to contract law. The paper analyses the social contract theory side-by-side relevant principles of contract law and finds that the social contract does not possess the characteristics of a contract; it does not have the essential elements of a contract; and it does not fit into the types of contract known to contract law. For failing to answer the legal descriptions of a contract, the term ‘social contract’ is a misnomer. This anomaly strangles the theory and robs it of capacity to justify the legitimacy of State and the bindingness of criminal law. The paper recommends that the history and tradition of the people of each State may be substituted for the social contract for advancing the legitimacy of State and the bindingness of criminal law.
Existing Strategies for Ameliorating Housing Challenges in Nigeria
The right to adequate shelter is a right that is universally acknowledged both nationally and internationally. Despite this global recognition, housing right appears elusive due to the increasing rate of urbanisation resulting in acute housing deficit. The problem of housing is more pronounced in developing countries such as Nigeria than in developed countries. To this end, this paper, through a textual review, discussed some significant challenges of housing in Nigeria, ranging from inadequate funding, lack of secure access to land, rapid population growth, high cost of buildings materials, lack of well-developed mortgage institutions to high fees associated with land development. It considers the efficacy of the existing strategies that the government has deployed to cushion the adverse effect of the acute shortage of housing in Nigeria. These strategies involve public-private partnership, site and service scheme, amongst others. The research finds that these strategies produce a relatively low quantity of affordable housing for Nigeria's middle and low-income people. Consequently, it recommends initiatives that could play pivotal roles in reducing the housing gap and, if well harnessed, can assist policy makers in the drive towards achieving sustainable housing provision in Nigeria.
Legal Framework for the Prevention of Violent Sectarian Conflict in Nigeria
Nigeria has enjoyed 61 years of independence from British colonial rule and within this period, several violent sectarian conflicts have been recorded and seems to be increasing. From the first recorded violent sectarian conflict in 1966 which had devastating effects on the Federal Government, to the civil war which threatened the corporate existence of Nigeria. In the 1980s, the Maitatsine Riot saw the reemergence of violent conflict after a period of relative peace. Since then, on and off conflicts continue in parts of Nigeria and have been lingering. There is legal framework in place for the prevention, mitigation and punishment of violent sectarian conflicts in Nigeria. The paper examined the local and international legal frameworks for the prevention of violent sectarian conflicts in Nigeria and the incidences of such conflicts and argued therefore that the legal frameworks are not effective in curbing violent conflicts as it is still evident in continuous recurrence of such conflicts.
This article analyses the main features of the return and replacement framework as provided under the Federal Competition and Consumers Protection Act. It demonstrates the inadequacies of the Act, especially with respect to the lack of awareness among suppliers and consumers. It is argued that the lack of awareness on the part of the supplier or seller and consumers in Nigeria is extensive. However, the Federal Consumer Protection Tribunal and the courts have made some progress but so much needs to be done concerning returns and refunds if goods are defective as expressly provided in the Act. Also, worldwide consumer protection organization has not taken root in Nigeria, this may have militated against effective protection of consumers in the country. It may appear that the focus of individuals and governments is to obtain goods and services with little or no attention to quality. Similarly, awareness is low on the part of the consumers as to the right they have to return, get a replacement, or refund if goods are defective or goods are not fit for purpose. To support the argument for poor awareness, interviews conducted revealed that the supplier, notwithstanding the provisions of the Federal Competition and Consumers Protection Act, is not concerned about consumer satisfaction or addressing the complaint a consumer may have. It is recommended that the solution to the poor treatment of consumers in Nigeria can only be addressed through awareness creation and enforcement. The article concludes by laying emphasis on the effective creation of awareness and strengthening mechanisms to investigate poor-quality products and address consumers’ complaints, where necessary.
Autonomous Weapon Systems and Command Responsibility Under International Humanitarian Law
The development of unmanned systems that are remotely controlled and those with increased autonomy in making the decision to target or kill humans has been a source of concern to the international community for over a period of time. The idea behind developing Autonomous Weapon Systems (AWS) is that once activated, they are able to make the decision to kill humans without further human intervention. Therefore, the use of autonomous weapons has become a very significant threat to humanity. A major issue confronting the use of autonomous weapons is that of command responsibility. The paper aims to examine the rules governing the operation of Autonomous Weapons System during war in particular with regard to the command responsibility under the International Humanitarian Law. It is the argument of the paper that in-as-much-as AWS promises to save lives, there are compelling reasons to believe that the deployment of AWS will result in the violation of the right to life, dignity and other important rights. Also, it is the further argument that AWS without meaningful human control, are unpredictable on the battlefield where they are used. In the event of AWS violating the law, it is not clear who is legally responsible thereby creating an accountability gap. It is therefore important to examine who, in this case, the commander can be held responsible when AWS commits a crime. However, it is the finding of the paper that the use of AWS can potentially jeopardise several general principles of IHL, including proportionality, distinction and precautions. The paper concludes that human commander is liable for the actions of the human subordinate deploying the AWS if he/she knows or ought to have known that the human subordinate deploys an AWS in a way that violates IHL. The paper recommends among others that humans exercise meaningful human control over weapons in order to make AWS remain mere weapons in the hands of the warriors rather than being in the hands of robots.
Appraisal of the Scope of Application of Evidence Act in Customary and Area Courts In Nigeria
By sections 6 (4) (a), 5 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), States are empowered to establish such other courts as may be authorized by law to exercise jurisdiction at first instance or in appeal on matters with respect to which a House of Assembly may make laws. It is in this regard that by their various laws, the States and the Federal Capital Territory enacted Customary Courts and or Area Courts laws, which provide for the establishment of Customary and or Area Courts to administer customary laws. It is to be noted that by section 256 (1) of the Evidence Act 2011, the Evidence Act shall not apply to judicial proceedings in any civil cause or matter in or before any Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary Court, except so authorized by a gazette of the States or that of the Federal Government in the case of the Federal Capital Territory. In their adjudicatory process, the Customary and or Area Courts receive evidence, admits documents, etc in all classifications of Evidence, yet the Evidence Act says it is not applicable to these Courts. It is for this reason that this study embarked on an appraisal of the scope of application of the Evidence Act in customary courts and Area Courts in Nigeria. It adopted the doctrinal method of research. This study made a finding that despite the provision of section 256 (1) of the Evidence Act excluding the applicability of the Evidence Act to Area and Customary Courts yet the said Evidence Act has not delineated which area of the Evidence Act should apply to Area and Customary Courts in civil proceedings. The study recommended that in view of section 3 of the Evidence Act, the States should take advantage of the said section and provide in a law clear situation where the Evidence Act should be applicable to Area and Customary Courts.
An Analysis of the Impact of Conflicting Judgments on the Nigerian Judiciary
The Nigerian judiciary plays a crucial role in protecting the rights of the citizens and upholding the rule of law. However, conflicting judgments have plagued the judiciary for decades, causing significant challenges and controversies. This paper analyses the impact of conflicting judgments on the Nigerian judiciary, including its adverse effects on the rule of law and the implications for the country's legal system. Additionally, the paper examines the challenges facing the Nigerian judiciary in addressing conflicting judgments and proposes solutions to mitigate this issue. The proposed solutions include strengthening the institutional capacity of the Nigerian judiciary, developing clear and consistent legal standards and procedures, encouraging collaboration and information sharing among judges, addressing political interference and pressure, and strengthening judicial education and training. Ultimately, this paper argues that addressing the issue of conflicting judgments is critical to ensuring the Nigerian judiciary's effectiveness and the rule of law in Nigeria. The research methodology applied in this paper is the doctrinal research methodology. The methodology would use primary and secondary data sources, including court judgments, legal documents, scholarly articles, and reports.
Achieving Excellence in the Legal Profession in Nigeria
The legal profession is like guild. It is a distinct and noble one, and as such a restriction on what a lawyer is allowed to venture into. It is therefore imperative to highlight the opportunities available for lawyers to consider in a changing time of globalization and technological innovation as it relates to our economic social and political changes in Nigeria. Thus, the need to explore entrepreneurship in the legal profession notwithstanding the ethical obligations. This article seeks to explore legal entrepreneurship which implies that lawyers should apply entrepreneurial mind set and skill within the uncertainty of the legal profession thereby creating a leverage on the lawyer and their clients. A doctrinal method of research is adopted finding that legal entrepreneurship will create a dynamic that will create a continuous change in the structure of legal rights and duties, therefore, the need for a guideline. Again, the work noted that there isn’t adequate legal entrepreneurship training in the Nigerian Law Schools and also discussed the issue of the prohibition of advertisement by legal practitioner. The paper recommends the guidelines that will ensure legal entrepreneurship in the country, introduction of Nigerian Law School entrepreneurship project in the Law Schools, and removing the restriction of advertisement by legal practitioners.
A Critique Of The Host Communities’ Development Trust Fund Structure Under The Petroleum Industry Act, 2021
For well over 50 years, the Petroleum Act, 1969 principally regulated the Nigerian upstream petroleum industry even though it never made any specific provisions for the development of the host communities. All that existed were just some random provisions that required that some Nigerians should be employed in certain managerial cadres in the industry. It never had any provision that specifically aimed at the development of the host communities as the Petroleum Industry Act, 2021 (PIA) does. As a result, the International Oil Companies (IOCs) did not pay any serious attention to the Act more so as it did not have any punitive provisions to compel compliance. The greatest achievement of the PIA, 2021 therefore, is the intentional recognition of the need to develop the host communities and strategic provisions to enforce compliance. In effect, the PIA elevated the traditional issues of corporate social responsibility to statutory obligations. Given that the PIA is still a nascent legislation and less than two years since it came into effect, the doctrinal methodology of research was extensively adopted in which a number of other literatures in the upstream industry were examined to highlight the fact that the current structure of the host communities’ development fund as constituted under the PIA, 2021 is such that it will not achieve its lofty objectives. A good number of the lacuna have been identified in this paper, the major one being the insignificant amount of the sum the IOCs are obligated to contribute into the fund as well as the IOCs’ overbearing control of the Board of Trustees of the Trust Fund. This paper makes a number of recommendations on how best to improve the effectiveness of the Fund in order to position it to achieve its goals. One of such suggestions is the need for an upward review of the amount of the IOCs’ contribution into the Fund and the need for a more efficient management structure for improved service delivery to the host communities.
Host Communities’ Development Trust Fund
Application of the Principle of Complementarity in the Rome Statute of International Criminal Court in Nigeria and Ghana
The International Criminal Court (ICC), as established by the Rome Statute of International Criminal Court, is clothed with jurisdiction over international crimes which are defined in the Rome Statute. To ensure respect for the sovereignty of States, the Rome Statute has incorporated in it the principle of complementarity giving the national courts of States the opportunity to try and determine cases bothering on international crimes failure of which the ICC may admit and determine them. Adopting the doctrinal research methodology, this article discusses the complementarity principle of the ICC as enshrined in the Rome Statute and the various challenges which could hinder the successful application of the principle of complementarity in Nigeria and Ghana. The article identifies non-domestication of the Rome Statute by the two States, immunity of Heads of States and Governments as bestowed on the executives by the Constitutions of Nigeria and Ghana, corruption amongst others as some of the challenges. Flowing from the foregoing, the article recommends that the domestication of the Rome Statute should be embraced wholly by African States including Nigeria and Ghana and the African Union should put much effort into the eradication of corruption to its barest minimum in Africa generally.
FOREIGN POLICY AND THE QUEST FOR CITIZEN-CENTRED DIPLOMACY: THE ‘NIGERIA FIRST’ CONUNDRUM
Nigeria’s foreign policy formulation and implementation has been carried out by successive administrations in Nigeria and consistently tailored to be Afrocentric in consonance with the commitment of the country towards Africa’s stability and development. However, in the year 2020, the Federal Government of Nigeria repositioned its international relations apparatus and adopted ‘Nigeria First’ as the new foreign policy anchored on citizen centered diplomacy to reflect domestic realities. The realities bordered on nine priority areas in which the Nigerian government planned to pursue its bilateral and multilateral affairs in the interest of the nation. This development, indeed, represents a paradigm shift from the norm- the traditional Africa-centred foreign policy. Beyond the familiar foreign policy sloganeering, appreciation of the ‘Nigeria First’ foreign policy conception and how it can be practiced for the benefits of Nigerians became imperative. Thus, this paper interrogated the new foreign policy in the area of its protection of Nigeria and Nigerians around the world. The article also explored the ‘America First’ approach to citizen centered diplomacy in order for lessons to be learnt in the execution of the Nigeria’s new foreign policy construct. The main sources of information for this work were the relevant textbooks, journals and the internet. In order to harness the gains of the ‘Nigeria First’ foreign policy, this paper argued that Nigeria needs to invest heavily on Nigerians then use the instrumentality of the new foreign policy direction to protect and promote the greater good of Nigerians across the globe.
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REVISITING THE PROSCRIPTION OF TERRORISM IN NIGERIA: HOW DOBOKO HARAM AND MOVEMENT FOR THE EMANCIPATION OF NIGER DELTA (MEND) FIT IN?
Terrorism is a threat to peace and security all over the world. Nigeria’s security has been prejudiced within the last two decades principally by two major groups: Boko Haram and the Movement for the Emancipation of Niger Delta (MEND) who have been tagged different names by necessary actors in the scene. While the groups may consider themselves as fighting for a particular “lawful” or “moral” objective, the government has responded to them as insurgents and terrorists, overriding whatever speculation may exist as to their nature. The principal legislation dealing with terrorism is the TPA as amended. This Act has proffered a definition of terrorist and has attempted to break down the acts of terrorists. This paper compares the activities of the Boko Haram sect and the Movement for the Emancipation of Niger Delta (MEND) alongside the definition of terrorism provided by the Terrorism (Prevention) Act 2011 as amended (TPA) and render a legal opinion on whether these groups actually qualify as “terrorist”. It concludes that placing organisations such as Boko Haram and MEND into their proper designation is necessary for any proper anti-terrorism approaches-whether legal or military, and for avoidance of a breach of basic international and municipal law norms.
PRINCIPLES OF PREVENTION AND PRECAUTION IN INTERNATIONAL ENVIRONMENTAL LAW: TWO HEADS OF THE SAME COIN
There is no gainsaying that environmental matters, management and control are all governed by environmental law principles. Environmental principles have become established features of international environment, more especially since after 1992 Rio Conference (the Rio declaration). This paper examined the role and importance of preventive and precautionary principles in international environmental law, the institutional and legal frameworks upon which these principles have found their expressions. The paper has also examined the laws regulating to environmental matters in Nigeria and concluded by making some recommendations for better enforcement of international environmental laws both national and international jurisdictions.
THE POWERS, FUNCTIONS, REMOVAL AND TENURE OF OFFICE OF LEGISLATURES IN NIGERIA: AN APPRAISAL
The legislative arm of government is a very critical arm of government. The paper noted that Nigeria operates a bicameral legislative system made up of the upper and lower house, each acting independently. The article explores the powers, functions, and tenure of office of the members of the National Assembly and their method of discharging their constitutional duties. It is observed that one of the most important functions of this arm is that of making laws, that regulates the affairs of the state and the relationship between the arms of government. However, despite its importance, it has a lot of challenges. The paper reveals that bicameral legislature is delicate and very expensive system to operate .Again, many people are captivated by the financial benefits thus, they employed all means necessary to find their way to the National Assembly. The paper argues that the system as it is, is unsuitable for a developing Country like Nigeria especially with our weak economy. The research methodology adopted in doing this researched was the doctrinal method. The paper recommends that the qualification to contest for the membership of the National Assembly should be revisited and also, the budget of the National Assembly should be drastically reduced
A CRITICAL ANALYSIS OF THE CONSTITUTIONAL LIMITATION OF THE RIGHT TO PRIVACY IN NIGERIA
The textual composition of the right to privacy and the limitation clause in the Nigerian Constitution are such that they minimise the enjoyment of the right for Nigerians and non-Nigerians within the Nigerian territory. This article discusses the inadequacy of the constitutional provision relating to the right to privacy in section 37 of the Nigerian Constitution vis-à-vis international law. It also analyses the effects of the textual composition of the constitutional limitation of the right to privacy in section 45(1) of the Nigerian Constitution and the confusion that arises when it is interpreted in light of international law, other provisions in the Nigerian Constitution and the Nigerian Interpretation Act. The discussion concludes by recommending Nigeria’s compliance with international law in its constitutional provision regarding the right to privacy and a textual amendment to section 45(1) of the Nigerian Constitution.
DECENT WORK DEFICITS IN INFORMAL ECONOMY: A CASE FOR DOMESTIC WORKERS IN NIGERIA
Globalisation comes with a growing demand for labour, particularly; cheap, disempowered labour. According to research, the weakness of labour laws and regulation to protect either wholly or partially, the rights of informal employees has contributed to the preponderance of indecent and precarious working conditions. Even though, the ILO’s Decent Work Agenda (DWA) identifies the high incidence of informality as the major challenge militating against decent work, the arguments against formalisation uphold the potentials of informal economy to cushion the effect of unemployment and poverty in developing countries. This paper seeks to espouse the need to address decent work deficit by using Domestic Workers in Nigeria as case study. The paper finds that Domestic Workers suffer the worst decent work deficit as they operate at virtually the most invincible strata of the informal economy. However, it is contended that the ILO’s recommendation 204 to eliminate informal economies in order to curb this deficit is rather premature giving its crucial role especially in developing countries like Nigeria. The paper adopts a doctrinal method to explore some of the challenges faced by Domestic Workers in Nigeria as well as how to reduce decent work deficit in the informal economy without stripping off the autonomy, flexibility and low cost that constitute its hallmarks. It recommends regulatory reforms geared towards effective application of existing legal and regulatory framework to informal employment as well as the ratification and domestication of the ILO’s Conventions on decent work as the way forward.
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND THE SCOURGE OF CORRUPTION IN NIGERIA: CONFRONTING THE DEMON
Human rights are inalienable and imprescriptible because they are rights we enjoy by virtue, solely of being human; rights naturally inhering in human being; rights and freedom which every person everywhere and at all times equally has by virtue of being moral and rational creature. By doctrinal or theoretical approach, this paper investigated the proposition that these rights, endorsed by International Community as Bill of Rights are principally constituted by the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights. These rights, especially those enshrined under the International Covenant on Economic, Social and Cultural Rights, also endorsed as chapter 2 in the Nigerian Constitution are threatened not only by lack of resources to secure them but by the scourge of corruption which has become so endemically intractable as to threaten the Nigerian nationhood. The paper examined impact of corruption on these basic human rights and found the scourge of the result of successive military and civilian government on failure to deliver on their promises to tackle corruption. The paper thus recommended that ordinary people must take their destinies in their hands, through some collective measures, to save the Nigerian Nation before this demon destroys the next generation, ahead of its emergence