Kwara State University Journals
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COMPARATIVE ANALYSIS OF DEATH PENALTY LAWS IN NIGERIA, CHINA AND UGANDA
Get PDFConditions of correctional centers in Nigeria has over the years been of concern to relevant stakeholders. It is particularly demeaning for inmates on death row not only because of the poor custodial conditions, but also because of the self-imposed moratorium regime which makes execution very rare. Adopting the desk top research methodology, this paper attempts a comparative examination of the legal provisions and practice of the death penalty in Nigeria and China, an active death penalty country as well as Uganda with its judicial pronouncements on the application of the sentence. The paper highlights the constitutionality of the death penalty in the three countries, and examines the distinct features in the application of the laws.Nigeria amended its laws to move away from a punitive and retributive position to correction. It provides for the commutation of a death penalty after the inmate must have exhausted all his legal opportunities for reprieve after ten years. This is a far cry from Uganda that recommends a three-year period, considers the mandatory death penalty unconstitutional and is tilting more towards becoming an abolitionist country. Although China remains an active retentionist country, its law and practice remains unique in the practice of the suspended death sentence.The paper recommends that Nigeria reviews its laws and practice in line with other jurisdictions to achieve the observance of the rights of inmates on death row. It should also consider alternatives such as life imprisonment without the option of parole, life imprisonment not being the remainder of the life of the offender. While it is yet being practiced, death penalty should not be mandatory and correctional officers should be trained and retrained on international best practices in the treatment of inmates on death row. The self-imposed moratorium regime should be reconsidered considering that the death row phenomenon is in itself a breach of the fundamental rights of inmates on death row.
GREEN FINANCING AND POLICY SUPPORT FOR SUSTAINABLE TOURISM INITIATIVES IN NIGERIA
Get PDFSustainable tourism plays a vital role in addressing pressing global challenges such as climate change, biodiversity loss, and economic instability. This paper explores the importance of green financing and supportive policies in fostering sustainable tourism initiatives. It highlights mechanisms like green bonds, biodiversity-focused investments, and policy incentives that are instrumental in minimising the ecological footprint of tourism while simultaneously generating economic advantages. The research identifies key challenges faced by the sector, including limited access to financing, inconsistencies in regulatory frameworks, and gaps in technical expertise. The paper proposes strategic solutions to address these issues that foster collaboration among various stakeholders, including governments, financial institutions, and local communities. The study focuses on how financial strategies can turn tourism obstacles into opportunities for environmental and social advancement. It emphasises the need for eco-friendly tourism practices that not only yield profits but also deliver social benefits. By assessing funding mechanisms and policy frameworks that engage diverse stakeholders, the research aims to promote authentic sustainability. The investigation reveals that innovative financing and supportive policies can enhance sustainable development initiatives by addressing both environmental and social dimensions. However, it also underscores challenges such as policy fragmentation and the risk of "greenwashing." The paper advocates for synchronised global policies and active local engagement to overcome these hurdles. Ultimately, it suggests actionable recommendations for enhancing green financing and adaptive policies that facilitate collaboration among all parties involved. This cohesive approach aims to transition the tourism sector from merely sustainable to regenerative, fostering ecosystem vitality and community development. The proposed model is adaptable across various industries striving for economic growth alongside environmental sustainability
LEGAL AND ETHICAL FRAMEWORK OF ISLAMIC LAW ON THE CONTEMPORARY ASSISTED REPRODUCTIVE TECHNOLOGY
Get PDFThe act of reproduction is a fundamental aspect of human existence shared universally among people regardless of religious, cultural, or social backgrounds. Childlessness is frequently stigmatized globally and can result into significant social distress for couples and especially the woman folk. In response to infertility, many individuals seek assistance through scientific methods, especially in developing nations where such resources may be limited. The use of scientific means to enhance fertility is a contemporary topical issue that cannot be overemphasized. According to the European Society for Human Reproduction and Embryology, more than eight million babies have been born through the Artificial Reproductive Technology (ART) worldwide in the last 30 years. Islam acknowledges infertility as a challenge and permits seeking lawful remedies in accordance with the Islamic principles. This paper explores the various options available to couples seeking assisted reproduction and delves into the Islamic viewpoint on different Assisted Reproductive Technologies (ART), aiming to discern the permissibility and limits of these technologies under Islamic law. This study employs a doctrinal research method with reliance on the existing literature and analysis of the Holy Qur’an and Sunnah. The paper recommends that before pursuing ART, Muslim couples should seek knowledge of Islamic law to determine which methods align with the Islamic principles and values. The paper concludes that ART is permissible and encouraged; but only within the context of a valid marriage between a husband and wife; and solely during the duration of their marital contract within the context of Islamic legal framework and ethic
LEGAL MEASURES TOWARDS REVERSING NIGERIA’S EPILEPTIC POWER SUPPLY
Get PDFThis study examines efforts deployed by successive governments in Nigeria towards reversing power epilepsy militating against the country’s growth and development. These efforts geared towards achieving electricity security (availability, accessibility, affordability and reliability of electricity supply) have been largely ineffective due to continuous disregard of the constitutional provisions governing electricity management and control. Although, previous studies focused on adequacy of investment as panacea to achieving stable supply of electricity, however, the role of law in bringing desired change in the Nigerian Electricity Supply Industry (NESI) has not been adequately investigated. This study appraised how continuous disregard of the Basic Norm (Constitution of the Federal Republic of Nigeria, 1999) is impacting the realisation of electricity security in Nigeria. Hans Kelson’s Pure Theory of Law provided framework of this study, while doctrinal method was adopted. Notwithstanding state actors’ humongous spending on fixing power epilepsy in NESI, security of electricity supply still eludes Nigerians. Legislation governing reforms in NESI has been ineffective due to a centralised governance structure contrary to the 1999 Constitution (as amended). Certain provisions in the Electricity Act, 2023 conflict with extant provisions of the 1999 Constitution thereby inhibiting the fruit of uninterrupted supply of electricity that Rule of Law has to offer. Stakeholders in the Nigerian Electricity Supply Industry should play by the Basic Norm in order to successfully address the perennial problem of power epilepsy in Nigeria.
CHALLENGES OF INTELLECTUAL PROPERTY RIGHT PROTECTION IN THE OUTER SPACE
Get PDFAs more private entities get involved in space activities, the issue of intellectual property would continue to dominate the conversation because the international laws on space activities appeared to ban property rights in outer space. Juxtaposing the exclusionary nature of protection for intellectual property rights on earth with the terrestrial nature of outer space activities is challenging, yet states and companies have to deal with the challenge. This study examined the challenges of protecting intellectual property rights in outer space in relation to private sectors’ activities. The study employed the doctrinal method of research with emphasis on the international customary laws on outer space. The study found that international customary laws did not address protection of intellectual property rights in outer space, and that dispute settlement mechanisms for addressing the issues were not inadequate. The study concluded with an appraisal of Nigeria’s activities in space and the need to improve on their visibility in the global space
CHILD PARTICIPATION RIGHTS FRAMEWORKS AND THE ISLAMIC JURISPRUDENCE: RECONCILING CONVERGENCE AND IRRECONCILABLE DIVERGENCE
Get PDFThe paper examines the tension between the Convention on the Rights of the Child (CRC) and Islamic law with respect to children’s participation rights. While the CRC advances a model grounded in autonomy, self-expression, and individual freedoms, Islamic law embeds participation within a framework of parental authority, responsibility, and moral guidance. The paper using a doctrinal research methodology makes a comparative analysis to argue that the crux of the debate lies not in whether children may participate, but in how participation is structured: an almost unrestricted autonomy in the CRC versus a duty-oriented, guided participation in Islam. Under the Sharia, a pre-pubescent child lacks legal capacity to make consequential decisions; the expression of views is permitted but not codified as an enforceable right; and obedience to parents is foundational except where it entails sin. The paper finds that these differences yield divergent implications: freedoms of expression, religion, association, and privacy core to the CRC are circumscribed in Islam to safeguard spiritual and moral welfare. By highlighting these contrasts, the paper concludes that the study contributes to the discourse on reconciling international child rights frameworks with Islamic jurisprudence, clarifying both points of convergence and irreconcilable divergence
THE ELECTRICITY ACT 2023: A GAME-CHANGER IN THE NIGERIA’S POWER SECTOR REFORM
Get PDFThis paper analyses the Electricity Act, 2023, with a view to detailing its novel provisions aiming at effective, sufficient and efficient power sector reform in Nigeria. The Act is aimed at a total overhauling and developing of the Nigeria power sector in a sustainable way in order to make the country meet its energy requirements and demands. Nigeria requires steady electricity supply for it to realise its goals towards a sustainable economic development. The reality on the ground is that the sector is in a big mess, ranging from very short supply, incessant power failures resulting into power unreliability and inadequate electricity generation. The country, with over 200 Million people, has just around 6000 megawatts of electricity supply, a situation closely linked to varying factors including transmission and distribution losses, generation constraints and load demand. Approximately 40% of the citizens lack access to electricity from the national grid. This translates to roughly 92 million people and this has brought about stagnation, with the country’s economy seriously affected. To reverse this trend, the country has, at different times, gone through legislation and regulatory adventures, with the latest efforts being the Electricity Act, 2023
UNSEEN, UNHEARD: AN EXAMINATION OF NIGERIA’S RESPONSE TO MALE SEXUAL ASSAULT AND ITS HUMAN RIGHTS IMPLICATIONS
Get PDFSexual assault is an offence which has left many broken, battered, and traumatised. The law has strived in many aspects to protect victims of this offence and apprehend their respective perpetrators. However, this is not the case when the victims are male. A significant proportion of the population have been overlooked and left helpless in their pursuit of justice for the abuse they have suffered. In Nigerian society, where strength and stoicism are tied closely to masculinity, male victims have been frequently met with disbelief, stigma, or outright denial. This silence has extended into law, where the existing legal frameworks have historically struggled to recognise and respond to the realities of male sexual victimisation. The article thus, examined the legal and institutional barriers which have denied redress to these victims, sometimes deliberately, sometimes unknowingly. Despite legislative changes and procedural amendments, it was found that the Nigerian criminal law is still a long way from being all encompassing and gender-neutral in its provisions on sexual assault, especially when compared with what is attainable in other notable jurisdictions. It was also found that sexual assault is a serious breach of one’s fundamental human right, hence, recognising and protecting each one irrespective of their biological sex is not only a legal necessity, but a moral imperative of the Nigerian criminal justice system. This article, therefore, recommended urgent legal review, increased public education, and strengthened institutional support to break the silence surrounding male sexual assault, as well as to ensure justice for male survivors and thoroughly punish their violators
The Students’ Perception of the Use of ICT in Learning Foreign Language
Get PDFThis study investigates the use of ICT in learning Arabic and French in Lagos Sate University of Education. The sample size of the study consists of one hundred and fifty (150) students from two hundred and five (205) undergraduate students studying either Arabic or French languages. Descriptive statistics and an independent sample t-test were used to answer the research questions. The results of descriptive analyses and the independent sample t-test show that the students responded positively on their attitude and lecturers’ encouragement in the use of ICT with a significant difference but responded negatively on their activities in the use of ICT with a significant difference. They also responded negatively on the availability of the necessary ICT tools provided for the teaching of the target languages without any significant difference. Certain recommendations for the better use of these gadgets were given, which will assist the lecturers and students in improving their language teaching and learning skills
ASSESSING THE IMPACT OF MIGRATION ON NIGERIA\u27S SOCIO-ECONOMIC GROWTH
Get PDFThe failure of governance in Nigeria in recent times has manifested in persistent insecurity, high inflation, poor socio-economic performance, unemployment, hardship, suffering, poverty, low development, and frustrated hope. As of today the level of poverty, unemployment, and inflation in Nigeria has skyrocketed to an extent that an average man can hardly afford one square meal a day. These precarious conditions in Nigeria have led to a massive migration of both trained and untrained professionals, such as academics, doctors, nurses, engineers, builders, and even students, to developed countries in search of greener pastures. This has far reaching implications for a developing economy like Nigeria. This paper therefore appraises the impact of migration on Nigeria’s socio-economic growth. The paper finds that security, economic, and political conditions in Nigeria have sparked a desire to migrate in search of better living conditions and safety. The paper argues that if these factors are not tackled, that the country will be plunged into a dearth of experts in all human endeavours. The paper relies on doctrinal methodology and, where necessary, references to positions in other jurisdictions will be made. The paper concludes by calling on the Nigerian government to expedient efforts in tackling insecurity in the country, formulate and implement good economic policies that will revamp the economy, create more job opportunities and improve the social amenities available to the common man