Nnamdi Azikiwe University Journals
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CONCEPTUAL AND THEORETICAL APPROACHES TO THE RIGHTS OF MUSLIM PATIENTS UNDER SHARI’AH
No full textObservance of the Muslim patients’ rights faced several challenges chiefly due to lack of official recognition amongst the medical practitioners and other healthcare providers. In addressing the challenges, the article adopts doctrinal research methodology. The article, with the aid of the conceptual and theoretical approaches, shed light on the meaning and essence of the Muslim patients’ rights. The article examines the concepts of medical treatment, halal medical service, same-sex medical treatment and opposite-sex medical treatment regarding the Muslim patients’ rights. The article also examines the maqasid, sociological, utilitarian, client-centered therapy and divine command theories in relation to the Muslim patients’ rights. Through the conceptual and the theoretical approaches, the article orchestrates that the Muslim patients’ rights are genuine rights which the Muslim patients deserve because they are inseparable from their religious practices. The article recommends emulation of the 21st century all-inclusive medical law practice that gives room for the official recognition of the Muslim patients’ rights in the country
THE CONCEPT OF DILUTION UNDER INTELLECTUAL PROPERTY LAW: A COMPARATIVE ANALYSIS OF THE LAW IN THE UNITED KINGDOM AND THE UNITED STATES
No full textThe fear of trademark infringement deters many creatives from truly reaching their potential in the works they create. However, the law over time has been developed to cater for all types of trademark infringement regardless of the jurisdiction one finds themselves. This, an infringement of a registered trademark is something that can be challenged successfully in the court of law whether in a civil law country or in a common law country. Dilution is a clever version of trademark infringement that mirrors the original mark so well that an officious onlooker will be deceived to think the marks are one and the same. Dilution in the UK evolved from the more traditional trademark claim of infringement in which trademark is stolen from the owner by a junior user. For a long time in the UK, cases akin to dilution were treated under the common law tort of passing off.Using a doctrinal research methodology, this study examines the concept of trademark dilution under intellectual property law, with a particular focus on the method of trademark infringement as obtainable in the United kingdom (UK) and comparing the reality with that of the United States (U.S) drawing out valuable lessons that can help shape up global trademark practice for better outcomes. The study is not just a comparative analysis but a review of the major laws in both jurisdictions on the law governing dilution
A CRITICAL ANALYSIS OF THE RIGHT TO OWN PROPERTY IN NIGERIA IN LIGHT OF RECURRING SECURITY CHALLENGES
No full textThis paper critically examines the right to own property in Nigeria within the context of persistent and escalating security challenges. Property rights, recognized under Nigerian law and international human rights frameworks, are fundamental to individual liberty, economic empowerment, and national development. However, ongoing threats such as terrorism, banditry, herder-farmer clashes, kidnapping, and communal violence have increasingly hindered the exercise and enjoyment of this right. This study explores the legal frameworks governing property ownership, evaluates how insecurity affects property utility and profitability, and analyzes the implications on vulnerable groups, particularly farmers, women, and children. It further investigates the response of both government and private individuals, including the costs and sustainability of these measures. The methodology combines doctrinal legal analysis with a qualitative review of secondary data, including legislation, case law, scholarly articles, and reports from governmental and non-governmental sources. The findings reveal that the failure of security systems has led to widespread displacement, loss of livelihood, and weakened property rights enforcement. In response, affected individuals and communities have adopted private security measures, which often lack sustainability and legal oversight. Government interventions remain fragmented and reactive. The paper concludes with practical recommendations for safeguarding property rights in Nigeria, with a focus on enhancing security architecture, policy reforms, and stakeholder collaboration
AN EXTRAPOLATIVE APPRAISAL OF THE ROLE OF COURTS IN THE NIGERIAN ELECTORAL DEMOCRACY
No full textA functional court system is sine qua non in any electoral democracy of any country. The courts notonly interprete the laws, protect human rights and maintain checks and balances, but also play verypertinent roles ranging from adjudication of pre-election matters to post- election disputes. Thecourts are very crucial to the future and survival of any democracy. In Nigeria, the courts havebeen instrumental to the continuous existence of democratic rule. This study critically examined theroles of the courts in electoral democracy in Nigeria. The methodology of research employed inthis study was doctrinal, while data were garnered from both primary and secondary sources.Findings revealed that courts in Nigeria have not fully lived up to expectation in their roles inelectoral democracy. This is so as most judges sacrifice justice on the altar of technicalities and insome cases, assume the role of the electorates by usurping their powers either at the pre-electionor post-election stages. It was recommended among other things that stiffer punishment should bemeted on any judicial officer who engage in corruption and other sharp practices during pre-election or post- election matters to thwart justice and rob the electorates of their mandate. It wasfurther recommended that the independence of the judiciary should be strengthened among otherthings to cub judicial interference
COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORK REGULATING GENERATIVE ARTIFICIAL INTELLIGENCE IN NIGERIA, THE UNITED KINGDOM, THE UNITED STATES AND THE EUROPEAN UNION
No full textThis study provides a comparison of the legal frameworks regulating artificial intelligence (AI) inNigeria, the United Kingdom (UK), the United States (US), and the European Union (EU). As AItechnology rapidly advances, international legal systems face unique challenges in addressingissues such as intellectual property rights, data protection, accountability, and the administrationof justice. The analysis shows significant differences in practice from these policies. The EU standsout with its effective and successful regulatory systems, such as the Artificial Intelligence Act, whichaims to harmonize AI regulations across member states. In contrast, the United States follows awork and tradition approach based on existing laws supported by specialized agency guidelines.The United Kingdom has adopted a strategic and balanced approach to innovation and governancethrough propulsion while exploring broader reforms. Nigeria is in the early stages of developingAI specific polices, relying heavily on laws and regulations and attempting to bridge the gap. Thisstudy compares these laws to identify strengths, weaknesses and best practices, providing insightsinto the development of wisdom-generating respect. It concludes with recommendations forreforming the regulatory process to encourage innovation, increase accountability and protect thepublic interest
APPRAISAL OF THE LEGAL FRAMEWORK FOR APPROPRIATION AND LEGISLATIVE OVERSIGHT IN NIGERIA
No full textThe role of the National Assembly of Nigeria in the budget process provides an overall picture and understanding of the role of different African legislatures and the varying relationships between the executive and the legislature. The 1999 Constitution in section 88(2) (b) stipulates that the powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to expose corruption, inefficiency or waste in the execution or administration oflaws within its legislative competence and in the disbursement or administration of funds appropriated by it through the oversight function. The study examines the effect of the legislative oversight on budgetimplementation in the Nigeri
FROM EARTH TO ORBIT: HOW AFRICAN NATIONS CAN LEVERAGE SPACE LAWS TO COMBAT TERRORISM AND STRENGTHEN SECURITY
No full textThe persistent threat of terrorism in Africa necessitates the use of advanced tools to strengthen national and regional security. Space-based technologies, particularly satellite reconnaissance and bordersurveillance, offer African nations powerful new means to enhance their counter terrorism strategies. However, the lack of comprehensive space law frameworks and regulatory mechanisms in many African countries limits the effective deployment of these technologies. This study examines how African nations can develop effective legal and policy frameworks for space governance to support security objectives and combat terrorism. It adopts a doctrinal research methodology, analyzing international spacetreaties, regional agreements, and national space policies from selected African countries. Through this approach, the study assesses how space governance has been integrated into national legal systems andidentifies legislative gaps that hinder security operations. Primary sources such as treaties, national laws, and official policy documents were evaluated, alongside secondary sources including scholarly articles, legal commentaries, and policy papers. A comparative analysis was also conducted, drawing from best practices in jurisdictions with established space security laws. The study highlights the urgent need for harmonized and robust legal structures that support the responsible use of space technology in counter terrorism while ensuring compliance with international obligations. Ultimately, the study aims to offer legal and policy recommendations that enable African countries to strengthen domestic space regulation, enhance security, and promote sustainable space governance. It demonstrates the critical intersection between space law and security policy in Africa’s ongoing fight against terrorism
CYBERSECURITY LAWS AND PRIVACY PROTECTION IN NIGERIA: A REVIEW
No full textThe study looked at cybersecurity risks and cybercrime, with a focus on Nigerian laws intended to protect people\u27 digital assets and privacy as well as the integrity of state institutions. It used a doctrinal research methodology, examining Nigeria\u27s current cybersecurity legislation. This approach provided a practical way to deal with a complicated problem that was changing quickly. The study heavily relied on online materials, including government studies and corporate sector publications that offered insight into worldwide practices, and explored a wide range of digital resources. The study used declassified and publicly accessible materials, including official websites and legal platforms, to examine Nigerian laws and regulations pertaining to cybersecurity and cybercrime. These sources provided clarification on the purpose and operation of these laws. It evaluated their efficacy and emphasised the need for further legislative and regulatory initiatives to improve protection for people, organisations, society, and the economy in the digital age. Although the scope of this right varies by nation from limited acknowledgement in some states to constitutionally established safeguards in others, the study recognised that privacy is a basic value that extends beyond people to organisations and institutions. It noted that data abuse has grown widespread, especially through illegal activity. The research also identified flaws in Nigeria\u27s cybersecurity architecture, pointing out that although there are regulations, they are frequently not adequately enforced or prosecuted. According to the argument, Nigeria has not yet acknowledged cybersecurity as a crucial element of national security. In the conclusion, the research stressed that the benefits of adopting digital technology much exceed the drawbacks and advised the active participation of all stakeholders. Adoption of digital technology improves everyday life, boosts the economy, creates jobs, and has major societal advantages including better educational and healthcare outcomes
Determination of Groundwater Producing Zones in Kaduna Metropolis, Kaduna State, Nigeria
No full textThis study investigated groundwater producing zones in Kaduna metropolis using remote sensing and GIS techniques. The data used are Landsat 8 (OLI) 30m, Aster (30m), geologic, soil and topographic maps of the study area to generate the land use-land cover, slope, geologic rock types, soil textures and drainage density. All the attributes of each factor were rated and classified according to their importance to groundwater occurrence. Each factor was also weighted according to their importance to groundwater by using the Modified DRASTIC Model for simulation and integration. The weighted overlay technique was used in ArcGIS 10.0 to determine groundwater-producing zones. Groundwater potential map generated were classified into four classes that describe the productivity of each cell in the study area for groundwater exploration. These classes are poor, moderate, good and very good. It was found that about 30% of the area was classified as very good and found to be concentrated in the central part of the study area. About 26% and 23% of the area were classified as good and moderate areas respectively. The rest of the study area (21%) was classified as poor and found in northeast and southwest part of the study area. This result was verified against existing well data and field observations to validate the accuracy of the model. Geology and geomorphology were the most effective among the six factors as the major chief determinants of groundwater accumulation. The study recommends that other factors that affect groundwater accumulation should be incorporated in future research
Climate Change Challenges for Cattle Farmers in Fundong Sub- Division, North West Region, Cameroon
No full textThis study assessed the vulnerability of cattle production to climate variability in FundongSubdivision, with a focus on understanding the specific climatic risks faced by cattle farmers.To achieve this, a mixed research approach was adopted. Rainfall and temperature data fromthe Fundong sub-divisional delegation for Agriculture was used to established the actual stateof climate variability in the area from 1981-2023. A total of 80 questionnaires weresuccessfully administered to purposively selected rearers and interviews conducted withstakeholders in the Agro-pastoral sector. Both descriptive and inferential statistics wereemployed for data analysis. Findings revealed that climate variability is high. The inter-annualrainfall stands at 170 mm, with a declining trend. Rainfall has been on a downward trend since2000, and the trend appears irreversible as the rainfall has been unreliable during the 2011-2021 decade. This is associated with a decreasing average number of rainy days. In the samelight, the mean annual temperature has been increasing temperature trend in Fundong since2001. Between 1981 and 2023, the mean temperature has increased by 7.8oC, much higherthan the global mean of 1.5oC. Rising temperatures against a backdrop dropping rainfall hasnegative impacts on crop production systems and other sources of livelihoods. Farmersperceived that their output has been decreasing as a result of climate and other productionfactors. The impacts of climate variability on the Fundong rangeland are pasture degradation,outbreak of climate related diseases, invasion by noxious plants species, reduction in thevolume of water courses, conflict between rearers and farmers over resources as well as themodification of the agro-pastoral calendar. To reduce the effect of climate variability andchange, pastoralist should incorporate different water harvesting and irrigation technologieswith their local adaptation strategie