Kwara State University Journals
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EXAMINATION OF THE LEGAL FRAMEWORK ON TRANSNATIONAL HUMAN TRAFFICKING IN WEST AFRICA: A CALL FOR ECOWAS INTERVENTION
Get PDFHuman trafficking is on the increase in west Africa. The upward swing in the menace of human trafficking is a function of a cynical exploitation of the legal regime of the Economic Community of West African States (ECOWAS) on free movement of persons and goods by transnational organised criminal groups as well as other socio-economic factors. The major objective behind the creation of ECOWAS was the attainment of sub-regional integration through the free movement of people and trade. This paper examines the legal framework for combating the human trafficking in the ECOWAS sub-region and finds that there is a dearth of enforceable community-wide legislation on human trafficking. The lack of criminal jurisdiction in the ECOWAS Community Court leaves human trafficking which is a transnational crime to the exclusive jurisdiction of municipal courts. The paper argues that the municipal institutions are ill-equipped to tackle crimes of an international character like human trafficking. Municipal law enforcement and judicial structures are limited by the intricacies of conflict of laws and operational constraints like extraditions and other procedural hamstrings to the successful prosecution of transnational criminal suspects. The paper points out that the absence of a pan-ECOWAS legal framework to combat human trafficking is an enabler of the menace as criminals may take refuge in one member state while orchestrating criminal activities in other states. The paper calls for the adoption of a comprehensive ECOWAS protocol on transnational crimes including human trafficking.
LEGAL CONTROL OF WATER RESOURCES IN NIGERIA: , POLICY ISSUES AND CHALLENGES
Get PDFWater is the only substance found on the earth naturally in three forms solid, liquid and gas. Water is a remarkable substance. Although a simple compound, it shrouds two-thirds of the planet, caps the poles and pervades the air we breathe. It is the genesis of and the continuing source of life. Without water, humankind - indeed all forms of life on earth - would perish. Important though this substance is its preservation has been treated with complacency as well as its availability denied where urgently required. An appreciation of water as key to environmental health and as a commodity that has real value will no doubt enhance a better management and provision of water. This paper considered the historical review of water resources development in Nigeria and adopted doctrinal methodology to undertake the research study, which includes relevant laws, cases, legal literatures, internet materials, etc. This paper found that the availability of the legal measures put in place by the government or regulating authorities in controlling water resources in Nigeria are inadequate leading to several challenges. It concluded that the low service level of water accounts for why water borne diseases are prevalent sometimes to epidemic scale and food shortages. The way forward is proffered through necessary recommendations.
PERCEPTIONS OF JUSTICE BY VICTIMS OF SEXUAL VIOLENCE IN NIGERIA
Get PDFThe experience of being sexually violated is traumatic enough, but for many victims, approaching the criminal justice system in pursuit of justice for the violation of their right to dignity becomes a second trauma. While legal and institutional frameworks exist to punish offenders and provide protection for the victims, the realities of accessing justice with ease remain deeply flawed. The perception of justice by victims is not only shaped by outcomes but starts from their initial contact with the police, who are the gatekeepers of the criminal justice system. Furthermore, how societies respond to their disclosure is also essential. Understanding this perception is vital for a justice system that is fair and just. This article aims to explore how victims of sexual violence perceive justice within institutional and legal frameworks and whether the responses meet their needs and expectations. Using a doctrinal approach, a careful examination of various factors is needed to assess the adequacy or inadequacy of the existing legal framework. Findings revealed that multiple factors, including societal attitudes, cultural beliefs, support services, and the duration of the trial process, shape victims\u27 perceptions of justice. In conclusion, the adversarial system of adjudication, which limits victims’ participation, usually fails to meet their expectations. It is recommended that to improve on the gap in the justice system, there is a need for reforms and provision of various guidelines, improved victim support services, establishment of more specialised courts for sexual offences, creation of continuous public awareness, and education for victims on what to expect as they navigate the justice system. Once victims are recognised, their voices are heard for the crime committed against them. Through this, the justice system establishes an equitable system that supports victims.
TOWARD AN EFFICIENT DOMESTIC LEGAL FRAMEWORK FOR IMPLEMENTING THE AFCFTA PROTOCOL ON INTELLECTUAL PROPERTY IN NIGERIA
Get PDFIn 2024, the State Parties to the African Continental Free Trade Area (AfCFTA) Agreement adopted the Protocol on Intellectual Property Rights. It seeks among others, support intra-Africa trade, promote African innovation and creativity and deepen intellectual property culture in Africa, promote coherent intellectual property rights policy in Africa; contribute to the promotion of science, industrialisation, services, investment, digital trade, technology, and technology transfer, and regional value chains; promote a harmonised system of intellectual property protection throughout the continent, support and promote creative and cultural industries, contribute to access to knowledge; and support public health needs and priorities of State Parties. The creative and tourism industries are ready to contribute and estimated $100 billion and over 2 million jobs to the Nigerian economy, this is in addition to potential contributions of non-technological and technological innovations to the economy. If strategically aligned, intellectual property rights protection can foster innovation, expand production and increase the contribution of these industries and innovation to the Nigerian economy while increasing Nigeria’s share of the AfCFTA market. Adopting a doctrinal approach, this paper reviews the AfCFTA Protocol on Intellectual Property Rights, analyses the legal framework within which the AfCFTA Agreement will be applied in Nigeria, identifies gaps that could impede implementation, and recommends options for alignment.
INTERSECTIONALITY OF HUMAN RIGHTS, BUSINESS AND DISABILITIES
Get PDFAs businesses face increasing expectations to uphold human rights, disability remains a largely marginalized concern within corporate agendas. This paper investigates the intersection of human rights, business practices, and disability, arguing that an inclusive approach not only fulfils ethical and legal obligations but also unlocks innovation and long-term value creation. Drawing on analyses of international frameworks most notably the UN Convention on the Rights of Persons with Disabilities and a series of global corporate case studies, the paper demonstrates how embedding disability into human rights due diligence enables companies to identify and remediate discrimination, design universally accessible products, and cultivate inclusive work environments. An intersectional lens further reveals how gender, race, and socioeconomic status can intensify barriers for people with disabilities, highlighting the need for differentiated policy responses. The study concludes by proposing a multi-stakeholder roadmap encompassing policy reform, cross-sector partnerships, and sustained stakeholder engagement to integrate disability rights into corporate governance and foster truly inclusive business ecosystems
ENVIRONMENTAL POLLUTION IN THE NIGER DELTA: THE NECESSITY FOR REVIEW OF THE ANTI-POLLUTION LAWS OF NIGERIA
Get PDFEnvironmental pollution and degradation are the most serious of all environmental problems and in the Niger Delta, they pose a serious threat to the inhabitants and the ecosystem in the face of the anti-pollution laws of Nigeria. Thus, securing environmental justice has been so difficult despite the fact that the protection of the environment is recognised by the Constitution of the Federal Republic of Nigeria, 1999. This difficulty is largely because the constitutional provision which requires the State to protect and improve the environment as well as safeguard the water, air, land, forest and wild life of Nigeria is not justiciable amidst the limitations imposed on non-State actors by public law procedures in compelling authorities to comply with the provisions of laws through the doctrine of locus standi. The situation is further compounded because State actors appear inactive and insensitive to the plight of the victims of environmental pollution and their efforts if any, have been insignificant and have not yielded the desired results, which have, caused the involvement of non-governmental organisations (NGOs) in the struggle for environmental justice. Although the efforts of the NGOs have produced some good results, much still needs to be done in view of the incessant and persistent environmental pollution and consequent degradation in the Niger Delta. This study therefore examines the problems of environmental pollution in the Niger Delta and the necessity for the review of the Nigerian anti-pollution laws. The study adopts the doctrinal methodology through the study of relevant statutes, textbooks and articles by scholars. Recommendations were offered which if implemented would correct the situation in the Niger Delta.  
REVIEW OF THE REGULATORY FRAMEWORK FOR TRADE LIBERALISATION AND TRANSNATIONAL COOPERATION IN NIGERIA.
Get PDFNigeria is one of the largest economies in Africa, with prospects for international trade and investments; and operating under the aegis of trade liberalisation as a national economic and investment policy. However, these potential are largely undermined by systemic policy failure, dysfunctional institutions and infrastructural deficit in the Nigerian economic and investment environment. Extant literature overwhelmingly emphasis the role of international trade to national development, with scant reference to the impact of trade liberalisation in promoting a competitive and transnational market economy in Nigeria. The study therefore, examines the regulatory framework on trade liberalisation and impact on investment dynamics and transnational market economy in Nigeria. The doctrinal method is adopted by the study with reliance on national laws on trade liberalisation, including the Constitution of the Federal Republic of Nigeria (CFRN) 1999. The CFRN provides for an open market economy with market liberalisation as the national economic policy, and serving as stimulant for competitive international trade and multilateral cooperation between Nigeria and the global community. The potential for competitive market economy that promotes investments and international trade; free movement of goods and services; exchange in knowledge and technology; direct foreign investments; with capacity for impacting positively on the national economy, are core incentives from trade liberalisation. The Nigerian liberalisation policy entrenches a solid framework for promoting investment dynamics and supranational cooperation, capable of engendering a competitive business clime that positively impacts on national development. In order for Nigeria to enjoy the economic potential under supranational cooperation, there is need for continuous reforms aimed at strengthening the regulatory and institutional frameworks on trade liberalisation, to align with standard global practices; and establishment of a functional dispute resolution mechanism, with underpinning for stabilizing market dynamics and changing the economic trajectory in Nigeria
اللغة العربية القديمة في شمال الجزيرة العربية بين النقوش والدلالة
No full textتسعى هذه الدراسة إلى البحث عن العلاقة المتطورة بين النقوش ودلالاتها في اللغة العربية الشمالية القديمة، مع التركيز على مجموعة نصوص يعود تاريخها إلى الفترة الممتدة من القرن الأول قبل الميلاد إلى القرن الرابع الميلادي، والتي تم اكتشافها في مدينة الحِجر والمناطق المحيطة بها. وعلى الرغم من الاعتراف بهذه النقوش كقطع أثرية قيّمة، إلا أن تطورها الدلالي وانعكاساتها الثقافية لا تزال غير مدروسة بشكل كافٍ. وتُحلل هذه الدراسة، من خلال الجمع بين التحليل الكتابي ونظرية الحقول الدلالية، مجموعة مختارة من نقش بهدف تحديد وتفسير التحولات في المفردات الرئيسية المتعلقة بالبنية الاجتماعية والممارسات الدينية والأنشطة الاقتصادية. وتكشف النتائج عن تحول تدريجي من مجتمع بدوي إلى مجتمع أكثر استقرارًا، ينعكس في المعاني المتغيرة للمصطلحات المرتبطة بالقرابة والتجارة وعبادة الآلهة. وتساهم هذه الدراسة في فهم أعمق للغة العربية الشمالية القديمة وثقافتها، مما يلقي الضوء على ديناميكيات التغيير الاجتماعي والتواصل الثقافي في المنطقة خلال تلك الفترة المحورية
WOMEN’S INHERITANCE RIGHTS UNDER ISLAMIC LAW IN NIGERIA: BETWEEN RELIGIOUS NORMS, CUSTOMARY PRACTICES, AND ADR REMEDIES
Get PDFDespite the clear provisions of Islamic law guaranteeing women’s rights to inheritance, many Muslim women in Nigeria are routinely denied their lawful entitlements. This denial is often perpetuated by patriarchal customs, cultural misinterpretations of Islamic injunctions, and institutional barriers that hinder access to formal justice. Traditional litigation processes are frequently inaccessible or unsuitable for women seeking redress, while alternative dispute resolution (ADR), particularly sulh (Islamic mediation), remains underutilized as a tool for resolving inheritance disputes in a gender-sensitive manner. This paper interrogates the gap between Islamic legal prescriptions and the lived realities of Muslim women in Nigeria regarding inheritance. It aims to: (i) examine the normative framework governing female inheritance rights under Islamic law; (ii) identify the socio-cultural and legal challenges inhibiting enforcement of those rights; and (iii) assess the potential of ADR, especially faith-based mechanisms, in promoting fair and equitable dispute resolution. The paper adopts a qualitative methodology, drawing on doctrinal analysis of Islamic jurisprudence and Nigerian legal instruments, as well as field-based insights from interviews with scholars, practitioners, affected women, and community mediators. The paper contends that an inclusive and culturally grounded ADR framework can serve as a viable pathway for actualising Muslim women’s inheritance rights in Nigeria, and calls for reforms to integrate Islamic principles of justice with accessible, gender-responsive dispute resolution mechanisms
A LEGAL APPRAISAL OF ADMINISTRATIVE PANELS AND TRIBUNALS IN JUSTICE ADMINISTRATION IN NIGERIA
Get PDFAdministrative panels and tribunals curb many administrative infractions such as corruption, lack of due process and administrative inefficiency. This paper discusses the evolution of administrative panels and tribunals in Nigeria in Nigeria and appraises their challenges in the administration of justice. Primary and secondary sources of information gathering were used for data collection, while contextual analysis was employed for data analysis. Statutes and regulations such as the 1999 Constitution of Federal Republic of Nigeria, Legal Practitioners’ Disciplinary Act 1962 and Medical and Dental Disciplinary Act 1973 and the case law are primary sources while textbooks, journal articles, conference proceedings and the internet were the secondary sources. This paper argues that the evolution of the administrative tribunals and panels of inquiries was sequel to the inherited English legal system and that the development in Nigeria’s public service. Having identified their challenges, recommendations were made for a more efficient use of administrative adjudication in justice administration in Nigeria