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INTERNATIONAL CONTRACTUAL OBLIGATIONS AND THE LIMITS OF PARTIES’ AUTONOMY IN THEIR CHOICE OF JURISDICTION AND APPLICABLE LAW
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Abstract
The courts in Nigeria recognises the freedom of parties to contract, which is hinged on the principle of party autonomy. It presupposes that parties to an international contract are at liberty choose the law to govern their contract, and also select the forum or jurisdiction where any dispute that arises from the contract will be adjudicated. Parties are also at liberty to submit their dispute to arbitration and also chose the applicable law to the substance of the dispute. The question that readily comes to mind therefore, is whether the choice of the party in that context, is sacrosanct or without qualification. Based on a doctrinal research approach, it was observed that the autonomy of parties to so do, is not without qualification. Statutory and case law have streamlined the enforceability of such choices in certain circumstances. The choice of the parties in that regard, must not only be reasonable, but made bona fide. It must also not contravene mandatory laws or public policy in Nigeria.
Keywords: International Contract, Contractual obligations, Disputes, Jurisdiction of courts and Forum Selectio
Risk Evaluation Associated with Abelmuscus Esculentus Consumption Grown on Decommissioned Goldmine Sediment and Water
Get PDFThe presence of toxic elements in mining areas has always been a concern for public health worldwide. Previously conducted studies have mainly focused on separate soil or water contamination as routes to potentially toxic elements, conceivably underestimating residents\u27 risks. This study examined the health risks associated with the consumption of Abelmuscus esculentus planted in different sediment compositions; control soil + control water (CSCW), control soil + goldmine water (CSGW), goldmine sediment + control water (GSCW) and goldmine sediment + goldmine water (GSGW). As, Ni, Cr and Cd concentrations in goldmine water were found to be higher than allowable limits. After 21 days, A. esculentus seedlings planted on different soil/sediment compositions were harvested for the determination of elements using an inductively coupled plasma-optical electron spectrometer (ICP-OES). Estimated dietary intakes of minerals and toxic metals were lower than recommended limits. The non-carcinogenic risks posed by heavy metals are minimal, but A. esculentus in GSGW had 131.67 % greater risks of being hazardous. Carcinogenic risks indicate that A. esculentus grown in all soil/sediment compositions had the potential to cause cancer, with GSGW having approximately 63 % higher risks. Farming practices employing goldmine sediment and water present foreseeable hazards to health when not controlled going by findings in this study.
Keywords: Abelmuscus esculentus, Carcinogenic risk; Estimated dietary intake; Gold mining; Hazard
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Election Rigging and Political Instability in Relation to Democratization Process in South-West, Nigeria
Get PDFAbstract Nigeria\u27s democratic transition has been hampered by a number of issues, such as political instability and election rigging. The paper examines the causes of election rigging in south-west Nigeria, investigating how election rigging and political instability contributed to the collapse of the democratisation process in south-west Nigeria, and examines the extent to which a well-organised electoral system can affect political stability in south-west Nigeria. The study adopts a survey research design. The population of the study comprises students from Osun State University, Osogbo, Osun State, and the University of Ibadan, Ibadan, Oyo State. A sample size of one hundred and twenty political science students was purposively selected from the two universities. Sixty students were randomly selected from each of the two universities. A questionnaire was used to collect data.The collected data was analysed using descriptive statistical tools. Findings of the study revealed that political instability and election rigging can have a detrimental effect on south-west Nigeria\u27s democratisation efforts. The finding also shows that a well-organised electoral system in south-west Nigeria can bring about political stability by promoting transparency, accountability, and legitimacy. The study therefore concludes that elections in the future must be seen as being more orderly, less violent, and a truer reflection of the choices made by voters than those in the past. Keywords Election, election rigging, political instability, democratisation, South-Wes
Political Ideology, Defection and Electoral Outcomes in Nigeria: Exploring the Intricacies and Realities
Get PDFAbstractPoverty of ideology and its attendance conflict have been of dramatic effect not only on political party, but also on the outcome of election, national integration and sustainable development. In about the last twenty years, Nigerian democracy has witnessed series of political defections with politicians decamping from one political party to the other particularly from opposition parties to the ruling party. However, it has been perceived that political parties in Nigeria portend a vehicle of political utility bereaved of ideology and deficit in both ideas and principle. This study, therefore, anchored on rational choice theory, explored the intricacies of political ideology in Nigeria political space. Using content analysis of secondary data obtained from various available literature and documentary evidences, and descriptive analysis of primary data obtained through the administration of questionnaire on purposively selected respondents, this study critically explored the linkage between party ideology and electoral outcomes in Nigeria. It was found that political parties in Nigeria are not ideological based, and as such, are only interested in gaining power at all cost. The result of the findings revealed that there was a strong connection between party ideology and defection on electoral outcomes in Nigeria’s Fourth Republic and thus recommended that the activities of all political parties in Nigeria should be guided by definite ideologies, programmes and policies that defines their vision for a better Nigeria.Keywords Defection, democracy, electoral outcome, political ideology, political party 
DEFAMATION AND SKIT MAKING IN NIGERIA: NAVIGATING LEGAL BOUNDARIES AND CREATIVE EXPRESSION
Get PDFDefamation and skit-making in Nigeria have become significant area of concern in the realm of creative expression and legal boundaries. This article explores the intersection of freedom of expression and the legal constraints faced by skit makers in Nigeria. It delves into the complexities of defamation laws, the implications for creative expression and the evolving landscape of social media content creation. Furthermore, it examines the challenges faced by content creators in navigating the legal framework while maintaining the integrity of their artistic expression. Through an analysis of relevant case studies and legal precedents, this article aims to provide insights into the delicate balance between creative freedom and legal responsibility in the context of skit-making in Nigeria. In doing this the article adopts a doctrinal method that involves analysis of primary and secondary data. Is found that many people ran vows of the legal implication of skit-making which resulted in defamatory statements.
Keywords: Skit Making, Defamation, Social Media, and Legal Framewor
RESTRUCTURING THE SECURITY SYSTEM: PANACEA FOR PEACE, SUSTAINABLE GROWTH AND DEVELOPMENT IN NIGERIA
Get PDFIn recognition of the importance of peace and security and prevalence of Crime and criminality in our environment in particular and in Nigeria in general, it is obvious that no country can develop without standard and adequate management of their security system, the success of the citizen in any country is based on the security of life and property of the average man in that country. It is as a result of this that this paper examines the security system in Nigeria with a view to discovering the structural defects affecting the operation of the security in Nigeria. The paper traces the background of the security system in Nigeria from the indigenous to the present policing structure and how it manages it. It adopts a content analysis of both primary and secondary sources to justify the restructuring of security system and analysis the arguement for and against the creation of state police and its importance for the attainment of peace, security and sustainable development in Nigeria. The paper discloses that the present structure of the Nigerian security system needs a holistic structural reform for it to compete with the international standard. It concludes that setting a standard structure for the security system in Nigeria, will go a long way in the promotion of economic development and achieving sustainable development goal
Molecular Validation of Cichlids from Zobe Reservoir, Dutsin-Ma, Katsina State, Nigeria Using Cytochrome Oxidase (COI) Genes
Get PDFThe species of cichlids are easily misidentified due to their morphological similarities. This study, therefore, was designed to discriminate the cichlid species inhabiting Zobe reservoir using a molecular approach. Samples of different cichlid species were collected from the reservoir between August and November 2022 and identified using their morphological features following the field guide to Nigerian freshwater fish. Fin clips of two samples from each of the species were fixed in 100% ethanol and the DNA was extracted. The mitochondrial cytochrome oxidase (CO1) gene area was amplified (using the FishF1 and FishR1 primer pair), purified and sequenced to reveal the identity of the species. Morphologically, the result revealed the presence of four species, namely: Oreochromis niloticus, Oreochromis mossambicus, Sarotherodon galilaeus, and Coptodon zilli. The genetic identity of the samples agreed with the earlier attempt made at morphological discrimination except for O. mossambicus which matches the partial and complete genome of Oreochromis aureus, hence, solving misidentification. The phylogenetic tree of the CO1 genes constructed using MEGA 11 software reveals the species were grouped independently into the three different genera of the Cichlidae family (i.e., the Coptodon, Oreochromis and Sarotherodon). This study affirms the need for molecular confirmation of morphologically identified cichlids in Nigeria.
Keywords: Cichlids, DNA Barcoding, Identification, Phylogeny, Polymerase Chain Reactio
Sociological Implications of Cancer Treatment on Individuals and Communities
Get PDFCancer, marked by the uncontrolled proliferation of abnormal cells leading to the destruction of healthy tissue, remains a formidable global health challenge. While advances in cancer screening, therapy, and prevention have contributed to improvedsurvival rates, the progress has been unequal across the world, particularly in developing countries like Nigeria. This discrepancy is exacerbated by a complex web of factors, including inadequate funding, weak policy execution, and a lack of political will and dedication, resulting in persistently high cancer rates in Nigeria. Using a qualitative approach, this paper relies on secondary data from academic journals and online articles. The findings of this study reveal a disheartening reality: a significant portion of cancer patients in Nigeria continue to face the dire challenge of delayed and ineffective diagnosis and treatment. Furthermore, cancer, as a complex and varied disease, necessitates a range of therapies, including surgery, radiation, and systemic treatments such as chemotherapy, hormonal therapy, and biological therapies. The choice of therapy is intricately tied to the type of cancer and the individual patient, shaping treatment plans, procedural considerations, and expected therapeutic responses. Equally significant is the recognition that cancer\u27s impact transcends the individual patient, affecting their relationships, communities, and social networks. The relatives and loved ones of cancer patients bear the physical, social, and emotional burden of cancer diagnosis, treatment, and recovery, reinforcing the importance of holistic care and support systems. In light of these findings, healthcare professionals and decision-makers should actively encourage public participation in the support for cancer patients. The public perception of cancer and its impact on individuals and families must be transformed, dispelling stigma and fostering empathy. Media campaigns, public awareness pamphlets, and educational initiatives can play a pivotal role in achieving this goal
AN ASSESSMENT OF CONSTITUTIONALITY OF THE ESTABLISHMENT AND JURISDICTIONAL COMPETENCE OF SPECIAL TRIBUNAL ESTABLISHED UNDER BOFIA, 2020
Get PDFThe Constitution of Federal Republic of Nigeria confers exclusive jurisdiction on Federal High Court in banks and banking related matters among others. Thus, the Constitution which is the grundnorm excludes all other courts and tribunals from entertaining matters exclusively donated to the Federal High Court. Whereas, BOFIA, 2020 established a special tribunal and vested it with jurisdiction to enforce and recover eligible loans by financial services banks, specialized banks or other financial institutions or matters pertaining to or connected with enforcement or recovery of eligible loan. The jurisdiction confers on the tribunal by the Act indisputably borders on banks and banking related matters. Hence, this research set out to examine the constitutionality of the establishment and jurisdiction confers on the tribunal. In carrying out the task, the article adopted doctrinal method of research. It subjected relevant provision of the Constitution and that of the BOFIA, 2020 to legal analysis. The article found that the establishment and jurisdiction confers on the tribunal is constitutional. It however argued that conferring the tribunal with powers of superior court of record is unconstitutional.
Keywords: Constitutionality, Jurisdiction, Tribunal, Banking and BOFI
INVESTIGATING THE LEGAL REGIME OF BLOCKCHAIN AND CRYPTOCURRENCIES IN NIGERIA
Get PDFThe world is witnessing very fast developments in all spheres of human endeavour and has, in fact, become a global village. These tremendous developments are occasioned by swift and unending growth in technology and part of these developments is the emergence of the blockchain technology (BT). As it is in other parts of the world, BT is fast evolving in Nigeria and is fast disrupting the traditional financial system because it has ushered in a new type of currency called ‘digital or virtual currency’, which differs from the traditional currency, and is now a subset of alternative currencies. Despite the rapid acceptance of this digital currency in Nigeria, the existence of a legal framework for its provision, adoption, circulation and usage, as an alternative currency, is circumspect. It is against this background that this work seeks to explore the genesis of cryptocurrencies and their incursion into Nigeria’s financial market and general business environment. The work, consequently, appraises existing legal framework on trade and commercial transactions, especially, as they pertain to BT and cryptocurrencies in Nigeria and some select foreign jurisdictions and concludes that there is urgent need for the enactment of a broad-based law for consumers’ protection, state security, insulation against economic sabotage and general control of the provision, adoption, circulation and usage of cryptocurrencies in Nigeria, in line with international monetary best practices.
Keywords: Blockchain, Cryptocurrency, Technology, Alternative Currency, Legal Framewor