Nigerian Institute of Advanced Legal Studies Academic Directorate Journals
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Constitutional immunity for the executive and the Challenges of good governance in Nigeria
No full textThis study examines constitutional immunity for the executive and the challenges of good governance in Nigeria. The study looked into the doctrine of immunity, focusing on executive immunity under section 308 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN). It also looked at the challenges posed by constitutional immunity clause on good governance in Nigeria. The study made use of primary and secondary sources of data collection. Primary source includes the 1999 CFRN, various due process legislations and law reports. For secondary sources; books, journals, newspapers and the internet sources were consulted. The study found that executive immunity clause was grossly abused by the Nigerian executive and such had led to abuse of office, lack of transparency, violations of rule of law and public service dishonesty. It is recommended that absolute immunity granted the executive under section 308 deserves to be curtailed by constitutional review and amendment and legal institutional frameworks across Ministerial Agencies and Departments (MDAs) currently in place should be sustained and implemented with better commitments by all stakeholders. Furthermore, it is recommended that Non-Governmental Organisations, pressure groups and professional bodies should sustain their pressures on the executive to ensure accountability, transparency, honesty and rule of law
Code of conduct tribunal: is the chairman and the members Under the disciplinary authority of the national judicial council?
No full textThe removal from office of the former Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen generated a lot of controversies. One of the major issues that is being debated on is whether the chairman and members of the Code of Conduct Tribunal are under the disciplinary authority of the National Judicial Council? It would be recalled that the chairman of the Code of Conduct Tribunal, Justice Danladi Umar in a statement said that members of the Code of Conduct Tribunal are not judicial officers and therefore not constitutionally subject to any disciplinary proceedings by either the National Judicial Council or the Federal Judicial Service Commission but the Presidency.1The constitutionality or otherwise of this argument and assertion is the focus and aim of this article. The article examines the Constitution of the Federal Republic of Nigeria, 1999 as amended with regard to the status of the chairman and members of the Tribunal vis-a-vis the disciplinary authority of the National Judicial Council. It is found that the chairman and members of the Code of Conduct Tribunal are not under the disciplinary authority of the National Judicial Council. The article concludes by recommending the subjection of the members of the Tribunal to the disciplinary authority of the National Judicial Council. In writing this article doctrinal research method was used to collate materials
Evaluating the legal framework for protection of the Financial welfare of women and children on relationship Breakdown in Nigeria
No full textThis article evaluates the legal framework for protection of the financial welfare of women and children on relationship breakdown who may generally be regarded as the vulnerable members of family due to the dictates of a patriarchal culture that favours men in matters of welfare in Nigeria. It is shown that the bases of state intervention are founded on both constitutional considerations and pragmatic realities. It argued that both the policy and legal framework for protection is weak because they utilize the court system which is a highly formal institutional framework that uses litigious processes – a process disadvantaged in timing and logistics. This smoulders the opportunities which the state has to proactively protect the financial welfare of women and children. We suggest that this remedial system can be ameliorated by the introduction of other non/quasi-judicial or administrative avenues or processes to redress the disadvantages of family disruptio
Interim measures in international commercial arbitration: a Comparison of the Nigerian and south African Frameworks
No full textIn recent times, Nigeria has been the focus and destination of foreign investments and interest from the international business community. More recently, investments in trade and technology appear to be coming from non-common law jurisdictions like China and South Africa. Although, international arbitration, which is the preferred means for the settlement of investment disputes, is a supranational system of dispute resolution, it necessarily takes place within state boundaries. While parties are most likely to choose neutral venues or third states as seat for their arbitration, there are no guarantees. The robust business relations that happen between Nigeria and South Africa make it necessary to examine the reception and practice of international arbitration in both countries. This article seeks to gauge the reception of international arbitration as the likely dispute settlement mechanism in case of a dispute involving Nigeria or its national, and a South African company or national. This is done by comparing the framework and use of the important tool of interim measures in arbitrations happening in both countries. The findings suggest a more robust use of the tool in Nigeria than in South Africa, which the article argues is due to Nigeria’s common law traditions. The article will conclude that while both countries have embraced arbitration, their use of interim measures vary, with Nigeria boasting a more mature and reliable system than South Africa’s. The article recommends Nigeria as the arbitral seat for potential disputes between Nigerians and nationals from non-common law jurisdictions
Critical reflections on combating trafficking in human Organs in Nigeria
No full textGlobally, over 125,000 people undergo organ transplantation annually, a relatively small figure when compared to the number of persons on waiting lists for organ transplants. This contributes to the prevalence of illegal practices such as trafficking in human organs (TIHO) and human trafficking for organ removal (HTOR). TIHO and HTOR entails the illicit trade in human organs and the recruitment, transportation, transfer, harbouring or receipt of persons, through illegal means such as threats, force or fraud, for the removal of their organs, respectively. Although it is not a recognised destination for TIHO or HTOR, Nigeria experiences several push factors for organ trafficking. The alarming rise in reports of organ harvesting across the country, likely disguised as ritual killings in some cases, is therefore unsurprising. More so, the restrictive regulatory framework for organ donation in Nigeria would encourage the illegal harvesting of organs. This paper focuses on TIHO and analyses the regulatory framework for the prevention of organ trafficking in Nigeria. Building on this, the paper makes recommendations for mainstreaming a human rights based approach to the regulation of organ donation and addressing the multi-dimensional drivers of organ trafficking
Protection of children from pornography: an appraisal
No full textThe paper attempts a critique of incessant violation of rights of the child by pornography and advocates for enactment of comprehensive legal frame work to combat child pornography in Nigeria. The paper inter alia dissects the meaning, causes and effects of child pornography. A review of the legal frameworks and policies at the national, regional and international level aimed at protecting the dignity of the child are germane to this body of work. The paper highlights the huge difference between pornography, child pornography and virtual-child-pornography. The paper also identifies and analyses the factors that impede protection of the child from pangs of pornography. The study reveals that there is a nexus between child pornography and child trafficking because empirical evidence shows that most of the children that are used for pornography are majorly those that were trafficked. From a legal standpoint, apart from the Cyber Crime Act 2015 and Child Right Act 2003 which provide for the protection of the child in every sphere, Nigeria do not have any comprehensive legal frame work that combat child pornography. This is a critical omission in child - centric legal framework in Nigeria. Further, the factors that exacerbate child pornography like in surge of information communication technology, economic, social, psychological and legal factors were examined. The work discovered that, Nigeria falls abysmally lower in standard when compared with other advanced jurisdictions like United States of America, Canada and Australia among others, with respect to anti-pornography legal frameworks. Consequently, the study recommends that Nigeria should evolve and enact a comprehensive law to combat child pornography, and institute a review of relevant legislation like the 1999 Constitution to arrest this social menace. Apart from making viable laws to curb child pornography, stringent measures should be put in place to monitor the activities of Nigerian children and young people in order to comply with international standards
Towards the optimisation of drafting instructions in legislative drafting in Nigeria
No full textDrafting instructions are major ingredients for effective drafting. It is the main source through which a drafter obtains a thorough and complete understanding of the purposes of a bill. A good drafter captures and expresses in clear terms, the intention of the proposer of a bill which is to be deduced from the instructions. However, the potency of drafting instructions has not been maximised in Nigeria due largely to poor drafting instructions. Poor drafting instructions also account for delay in drafting process, poor legislation, rejections and refusal of assent to bills passed by legislatures in Nigeria. All these call for the optimisation of drafting instructions and the engagement of necessary steps and skills by the Instructing Officer (IO) and the drafter. The aim of this paper is to identify ways to optimise the effectiveness of drafting instructions in legislative drafting in Nigeria. To achieve this, the article uses doctrinal and content analysis approaches to examine the concept of drafting instructions and identifies requirements for effective drafting instructions. The paper identifies challenges facing draftsmen in Nigeria and recommends ways of addressing the challenges which will result in the optimisation of drafting instructions in Nigeria
The whistleblowing regime in Nigeria: towards a pragmatic approach in the fight against corruption
No full textCorruption in Nigeria is widespread, accounts for the mismanagement, diversion and loss of several billions of dollars every year and has shown no signs of dissipating. Several mechanisms have been put in place by the government towards prevention, criminalisation, prosecution of corrupt practices, and recovery of looted funds. One of such measures is the whistleblowing policy. Whistleblowing is one technique of uncovering corrupt practices in public and private sector organisations. It is today seen as one of the most effective remedies to corruption, fraud and other types of illicit dealings that occur in the public and private sectors. The paper examines the whistleblowing policy in Nigeria which was introduced in December 2016 to fight corruption and recover stolen funds. Using the doctrinal approach, the paper interrogates the meaning of whistleblowing, the significance of whistleblowing in the fight against corruption, International Best practices for whistle-blower protection laws and the legal/policy framework for whistleblowing in Nigeria. It will also dwell on whether or not the application of whistleblowing policy will yield considerable results in the fight against corruption in Nigeria and conclude with recommendations for achieving an effective Whistleblowing Regime in Nigeria
The application of plea bargaining in the fight against corruption
No full textThe fact that huge public funds have been diverted into personal use over the years in Nigeria is incontrovertible, hence the need to strengthen anti-corruption fight in the country. This is important because mismanagement of public funds partly accounts for increased poverty and under-development in Nigerian. The Administration of Criminal Justice Act (ACJA), 2015 introduced clear-cut guidelines on the application of Plea Bargaining (PB) arrangements, with a view to speeding up processes for the recovery of public funds looted by individuals. Before the ACJA, critics described PB as dubious as it provides soft landing for high profile criminals who embezzle government/public funds. This paper examines PB under ACJA and the Economic and Financial Crime Commission (EFCC) Act; with the aim of critically analysing on how best the principle can be more effectively applied, particularly in its efficiency towards addressing the issue of prosecuting corruption in Nigeria. The paper also examines PB in other jurisdictions such as Brazil and the USA where PB has successfully helped in reducing the court dockets. Based on research findings and other observations, recommendations and suggestions are proffered
Plain language use in legislative drafting: developing a policy framework for the national assembly
No full textA major obstacle to effective communication is language. This is because the manner in which language is presented and used may lead to misunderstanding and confusion. To this extent, plain language in writing is gaining prominence and acceptance in many fields, including legislative drafting. The use of plain language in legislation by common law jurisdictions is gradually becoming the norm. In this regard, parliaments in many common law jurisdictions have formulated policies on drafting in plain language, whereas the National Assembly in Nigeria is lagging behind. This paper examines the effectiveness of plain language drafting techniques in legislative drafting, the policies on plain language in legislative drafting adopted by some common law jurisdictions compatible for adoption in the National Assembly and develops a policy framework which the National Assembly may adopt on plain language use in legislative drafting. The research adopts doctrinal and non-doctrinal research methodology. The findings indicate that drafting in plain language leads to more readable and comprehensible laws. The study recommends that the National Assembly should pass a law requiring all Bills presented to the legislature to be drafted in plain language