Nigerian Institute of Advanced Legal Studies Academic Directorate Journals
Not a member yet
84 research outputs found
Sort by
Contextualising the claim of external self-determination as a right of the marginalised under Nigeria’s municipal law and international law
No full textThe world over, agitations for self-determination, whether internal or external (secession), are intriguingly recurring phenomena. The existence of some form of lingual, racial, religious, economic, and cultural differences, among others, is exploited as a basis for such demands. This is quite an anticlock movement compared with the global drive for inter-state collaborations to form alliances and forge stronger nations. In Nigeria, there have been a handful of such demands that have slightly been quieted by the roller-coaster spinning of political power. However, they keep coming back like a nightmare. The question at this point is, do the movements agitating for external self-determination qualify to assert this right under the country's municipal law or international law? This work contends that since the Nigerian Constitution prohibits there is arguably no legal remedy for the agitators under international law, it is a questionable right in this context. This is more so that from the case studies examined in this work, the human and peoples' rights of those agitating groups have not been egregiously violated like the cases in Southern Sudan and Kosovo. The best available option for the regions is to seek for internal self-determination, by agitating for further devolution of powers under the Nigerian Federation
The gender twist in supreme court’s interpretation of behaviour under section 15(2)(C) of the MCA 1970 in ADETULE V ADETULE
No full textThis review appraised the Supreme Court's decision in Adetule v Adetule1in which it supported the High Court's and Court of Appeal's ruling that a wife's rejection or disobedience to a husband's decision regarding the location of the family home is such a behaviour that a husband cannot reasonably be expected to live with occasioning irretrievable breakdown of marriage and entitling a husband to divorce. The decision was based on section 15(2)(c) of the MCA. Two crucial points considered by the courts were on the applicable test for (intolerable/bad/unbearable) behaviour under the section and the place of cultural/patriarchal models of family decision making under the MCA‖s divorce remedial regime. This review is of the opinion that the correct test was not properly applied, or was done upon improper considerations. Furthermore, using male chauvinistic considerations in adjudging intolerable spousal misbehaviour within the context of section 15(2)(c) of the MCA negates its equality principles – the gender neutrality quotient of the Act
An evaluation of workers right during Public health emergencies: lessons from the COVID-19 pandemic
No full textThe corona virus is an unseen adversary whose ravaging effect has cascaded throughout all spheres of human existence. The restriction of movement and the shutdown of business activities have crippled the economies of developed and developing nations alike. Labour as one of the four factors of production is also not immune to its sweeping impact. Many workers across the globe have lost their lives in the line of duty. The structure of the employment relationship is patterned to place the responsibility to provide work on the employer and the employee has a corresponding duty to carry out task assigned. In pandemic situations, where working conditions become unsafe, can the employer compel the employee to continue to work? What are the limits to the employees’ duty to obey? While in some cases workers are willing and ready to work, the workplace is no longer safe to continue to work. In the absence of statutory protection, the worker is forced to choose between health and work. The employers on their part owe their workforce the primary responsibility to keep the work environment secure and safe. This paper considers from a legal perspective how rights of workers are configured in times of public emergencies within the Nigerian legal framework. It advocates for the recognition of employees right to refuse unsafe work
Reproductive health, the Nigerian economy and covid-19 pandemic: preparing for the unknown
No full textReproductive rights are impacted by several factors that impede on their importance and yet a concept that has a strong impact on a State. One major important feature of a State is population. Population in itself is impossible without reproduction and reproduction being a natural phenomenon if left unregulated may also impact on a State with limited resources under its management administered by corruption. This research examines reproductive rights in Nigeria, the extent of its recognition and its impact on population vis a vis the economy of the country especially in the post covid-19 era. The current situation of the country has proven economically the inability of the government to cater for its citizens maximally. The National Bureau of Statistics with the support of the World Bank in the “2019 Poverty and Inequality in Nigeria” survey reveals that 40% of the country’s population equivalent to 83 million people live below the poverty line. This research examines the impact of population on the distribution of resources in Nigeria through a focus on reproductive health and rights. Reproductive health and rights in this research are limited to the reproductive decision-making in terms of a number of children. It also adopts comparative analysis with selected jurisdictions
Access to information on sustainable development goals by 2030: the role of libraries
No full textThe United Nations 2030 Agenda for Sustainable Development is a framework of 17 Sustainable Development Goals (SDGs) with a total of 169 Targets spanning economic, environmental and social development. Libraries are key institutions for achieving the Goals. This paper is an opinion paper which emphasizes the roles of libraries in the provision of access to information for the achievement of the sustainable development goals. The study adopted a conceptual approach in an attempt to x-ray the various roles of the library in achieving sustainable development in Nigeria. Materials were generated via internet, textbooks and other documents relevant to the study. The findings based on the literature reviewed indicated that sustainable development is achievable only when social, economic, political and environmental sustainability elements in Nigeria are stable, viable and equitable. It highlights the problems militating against libraries and recommendations were made for effective provision of information. The paper concludes that libraries should regularly organize seminars, debates, workshops at both the local and national level to sensitize the public on their roles towards achieving these goals. The paper concludes that increased access to information and knowledge, underpinned by universal literacy, is an essential pillar of sustainable development
New normal: rethinking the role of law library in the advancement of legal education
No full textAcademic law libraries are in the midst of radical change, especially now that the world is facing Covid-19 pandemic. Therefore, rethinking the role of law libraries in meeting the new normal is highly demanding. More so, focusing greater attention on access to electronic legal resources is desirable in the advancement of legal education. In embracing this challenging role, law libraries need to employ innovative means of service delivery in order to enhance faculty and students' information access and utilization. However, the paper reviewed literature on the origin and meaning of covid-19, preparatory guidelines of law libraries during and after covid-19 pandemic, the concept of new normal, online learning and expected roles of law libraries in the new normal, law libraries and legal education
Stemming the tide of risks of behavioural addictions from detention through sustained legal representation/court Intervention under COVID-19 pandemic
No full textOften times, Inmates (both awaiting trial and convicts) while in detention are exposed to the risks of behavioural addictions including but are not limited to drug use, violence, gambling, smoking, alcohol abuse, gaming and other health challenges. This is further pronounced by delays in the prosecution of criminal matters at the law Courts, especially under COVID-19 pandemic regulations which have significantly slowed down the pace of dispensation of cases in Courts thereby contributing to longer detention of inmates at the correctional service centres and exposing them more to risks of behavioural addictions associated with detention environments. `The paper through analytical review and analysis of consequences of long detentions on inmates and the challenges of delays in prosecution of matters at the law Courts seeks to bring to the fore, the effects of delays in the prosecution of cases/elongated period of detention which result to exposition of inmates to behavioural addictions. Recommendations are provided, for example, partnership of the Courts and detentions centres with Human Rights Organisations to take up cases in order to speed up dispensation of cases and reduce time spent at detention centres. These will help in stemming the tide of risks of behavioural addictions of inmates as a result of long detentions and delays in prosecution of matters at the law Courts under COVID-19 pandemic regulations
COVID-19 regulations enforcement in Nigeria: an analysis of judicial trends in the enforcement of COVID-19 regulations
No full textThe COVID-19 outbreak affected not just the way life works but also the delivery of justice and judicial services, how and where judicial proceedings were conducted, and the type of offence and punishments prescribed. Following the outbreak of SARs-COVI-2, governments in collaboration with national focal public health institutions released public health policies, guidance, guidelines, laws, regulations, and directives to steer institutions and the population towards practices that mitigate the spread of the virus. In the same vein, enforcement mechanisms such as mobile courts and special task forces supported by traditional law enforcement agencies were constituted and empowered to engender support and compliance, enforce these measures, and prosecute violations. The operation of these instruments and enforcement protocols have led to, in some instances, the mitigation of the spread of the virus and, in others, the outcry against human rights violations. Judicial oversight of the enforcement and implementation of these regimes and measures is crucial against abuse of emergency powers granted under these laws to review the outcomes of the operationalization of these enforcement mechanisms and protocols. This paper will review cases prosecuted under the operationalization of these enforcement mechanisms and protocols. It will find out what constitutes an offense under the COVID-19 regulations in Nigeria, the attendant consequences for infraction of these laws and how the laws were used by judicial officers across the country in response to non-compliance. This discourse will contribute to the development, framing and reframing of the legal and policy regime for public health emergency response mechanism and enforcement in Nigeria. The paper recommends the training and retraining of judicial officers for the prosecution of offences under the national and state public health frameworks
Postgraduate law students’ attitude towards the use of electronic Information resources in two universities In Nigeria
No full textThis study examined the influence of attitude towards use of e-resources and proficiency in information and communication technology skills on postgraduate law students' use of electronic information resources in two universities in Nigeria. The study adopted the survey research design. A questionnaire was used for data collection. The sample size for the study is 200 postgraduate Law students. The data collected were critically analyzed using descriptive and inferential statistics. The study revealed that the frequency of e-resources use by postgraduate law students was very low but the self-reported level of proficiency in information and communication technology skills was high and their attitude towards use of electronic information resources was positive. The study further showed that attitude towards e-resources use is not a significant predictor of e-resources use, but proficiency in information and communication technology skills has a significant relative effect on use of e-resources. The study recommends that university libraries should provide access to e-resources via remote authentication system. This would enable the postgraduate law students to access the library's e-resources 24/7 without any physical restriction. Links to electronic information resources should be provided through online public access catalogue and library dedicated website. The law librarian should partner with faculty of law members to create awareness of the benefits of electronic information resources use\ among postgraduate law students. The university libraries should also organize training for postgraduate law students to enable them acquire relevant information and communication technology skills required for information retrieval
Library services and information needs in Distance learning programmes
No full textThe growing demands for an inclusive education have given birth to the distant learning programmes. Of such distant learning educational arrangement is the programmes offered by distance learning institutions. The distance learning educational programme has afforded individuals of various ages, tribe, occupation, status and gender access to equal information for their personal and socioeconomic development. Therefore, these students will require library services that will solve their information needs and also improve on their learning and research activities. To this end, the tertiary institution's library services that can offered to the part time distance learners can be library website as a service point; online public access through regional centre; librarian document delivery through regional centre; online reference; and information literacy which will all enhance the satisfaction of the information needs of the students in the programme. The study concluded that the library services provided by distance learning institution to their students are expected to satisfy the information needs of distance learning students in Nigeria. The study recommended that distance learning institutions should take up the responsibility of identifying the value of the library resources and effectiveness of library' services and as well establish reliable cost effective internet connectivity to cushion the effect of challenges facing the students in the use of ICT