Kwara State University Journals
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THE IMPACT OF OIL SPILLS ON FOOD SECURITY: ADDRESSING NIGERIA’S LEGAL AND INSTITUTIONAL FRAMEWORK
Get PDFOil pollution is one of the most pressing environmental challenges in Nigeria, particularly in the Niger Delta, where crude oil exploration and production have led to widespread land and water contamination. This environmental degradation has had severe socio-economic consequences, particularly in food security. Farmers and fishermen, who rely on natural resources for their livelihoods, face declining yields, soil infertility, and the destruction of aquatic habitats due to frequent oil spills. The pollution of water bodies and farmlands has resulted in reduced agricultural productivity, increased food prices, and heightened economic hardship for affected communities. The paper adopts doctrinal method of legal research in examining the existing legal and institutional framework for control of oil spillage in Nigeria. The paper finds that despite the existence of regulatory frameworks such as the Petroleum Act, the National Oil Spill Detection and Response Agency (NOSDRA) Act, and the Oil Pipelines Act, weak enforcement has allowed oil companies to evade accountability. Regulatory agencies such as NOSDRA and the National Environmental Standards and Regulations Enforcement Agency (NESREA) face significant operational challenges including inadequate funding, lack of independence, and overlapping mandates that hinder effective oversight of oil pollution. Moreover, the exclusion of NESREA from monitoring activities within the oil and gas sector further weakens environmental governance. The paper recommends that legal reforms are necessary to impose stricter penalties for oil spills, enhance the independence of regulatory bodies, and recognize food security as a justiciable right under Nigerian law. The paper recommends further that the government must mandate oil companies to contribute to an environmental remediation fund, promote sustainable agricultural practices, and empower local communities to participate in environmental monitoring. The paper also recommends strengthening of the Nigerian environmental laws and policies as crucial way to mitigate the impact of oil pollution on food security and ensuring sustainable development in oil-producing regions.
CORPORATE GOVERNANCE AND SHAREHOLDERS’ DATA PROTECTION IN THE 21ST CENTURY
Get PDFCorporate governance in the 21st century has metamorphosed because of technological advancements, world crises, globalization and changing shareholders expectations. These technological advancements even though beneficial, has brought along with it, challenges relating to data quality, security and privacy. Strengthening shareholder rights and engagement has being a key objective of corporate governance reforms. These reforms include among other concepts, implementing robust shareholders data management system. This Paper discussed Corporate Governance and Data Protection in The 21st Century and Protection of Shareholders Data. This paper employs a doctrinal method of legal research by examining Statutes, case laws and existing literature on the topic and finds that data has become a valuable asset of a company in the 21st century. The protection of data therefore has risen to the highest level of corporate governance. This paper finds that the Protection of Data provisions as embodied in the Data Protection Act 2023 is not adequate. This paper recommends adequate legislative framework that caters to the needs of data subjects, compliance with good corporate governance measures that will enhance data protection in Nigeria
المظاهر السياسية الديموقراطية في الفنون الأدبية في نيجيريا
No full textلقد ثبت وجود العلاقة الوطيدة بين الفنون الأدبية والسياسة، فإنهما يتبعان لعالم واحد، هو عالم الإنسان، مع وجود الفروق الفكرية، والوظيفية، والأدواتية بينهما. وقد سجل التاريخ عبر العصور الدور الفعّال الذي تقوم به الفنون الأدبية في التعبير عن القيم الديموقراطية - بصفتها صورة من الصور السياسية – ومظاهرها، وفي تهييج المشاعر، ونقل الأفكار، والوعي السياسي، ومقاومة بعض سياسات الحكّام في بلدان مختلفة. إذا كان هذا هو دور الأدب، فالسؤال المتبادر إلى الذهن هو: هل الفنون الأدبية العربية في نيجيريا بدورها تؤدي أمثال هذه المهمّة؟ هذه الدراسة تهدف إلى الإجابة عن هذا السؤال إذ مغزاها الاكتشاف عن وظيفة الفنون الأدبية العربية النيجيرية في التعبير عن القضايا السياسية الديموقراطية، ومدى استطاع الفنانون المبدعون استعمال فنّهم كأداة لنقل الأفكار، والوعي السياسي، وتعزيز الحوار المجتمعي، ولفت انتباه الحكّام والسياسيين إلى توقعات وتطلعات الشعب النيجيري. تستعين الدراسة بالمنهج الوصفي الكيفي الذي يُعد أداة فعالة لفهم الظواهر الإنسانية والاجتماعية من خلال تحليل عميق للبيانات المتاحة. توصلت الدراسة إلى أنّ للفنّانين النيجيريين المستعربين جهودا بارزة في معالجة القضايا السياسية الديموقراطية، يتم من خلال ذلك توعية المجتمع النيجيري لمعرفة أوجه القصور من السياسيين ولتجسيد الأفكار الديمقراطية والمطالبة بالحرية والمساواة في المجتمع
LEGISLATIVE DISCIPLINE IN THE NIGERIAN LEGISLATURE: A COMPARATIVE LENS
Get PDFThis paper examines legislative discipline in the Nigerian legislature through a comparative lens, focusing on the constitutional and legal frameworks governing the discipline of lawmakers by legislative leadership. The study investigates whether prolonged suspensions align with the principles of natural justice and their implications for democratic representation and governance. It critically assesses the extent to which disciplinary processes uphold constitutional safeguards and whether such actions infringe on the rights of elected representatives and their constituents. The research aims to (1) analyse the legal basis for legislative discipline under Nigerian law, (2) evaluate adherence to procedural fairness in disciplinary proceedings, (3) assess the impact of suspensions on democratic representation, and (4) explore the role of judicial intervention in legislative disciplinary matters. Using a doctrinal legal research methodology, the study employs a qualitative approach, examining constitutional provisions, legislative rules, judicial precedents, and comparative practices from jurisdictions such as the United States and the United Kingdom. The findings reveal significant gaps in transparency and procedural consistency, highlighting the need for reforms to prevent abuses of power and ensure compliance with the rule of law. The paper concludes by advocating for legal and institutional reforms to strengthen due process, enhance accountability, and align Nigeria\u27s legislative disciplinary mechanisms with global best practices
LIMITING LIABILITY TO ESCAPE ACCOUNTABILITY: A COMPARATIVE ANALYSIS OF AUDITORS IN THE USA AND NIGERIA
Get PDFThe auditing profession is saddled with a crucial role in financial markets. Auditors are the independent third parties that assure regulators, creditors, and investors about the accuracy of financial statements and whether such statements represent the accurate and fair view of the company’s financial position. However, when auditors fail in undertaking this responsibility, as seen in cases of Enron in the United States and Cadbury Nigeria Plc’s overstating its financial statements, such failures can provoke a monumental financial and reputational damage that would undermine market stability and deplete public trust. Often, investors sue auditors for financial loss due to relying on the erroneous financial statements. In the face of this reality, auditors have increasingly called for legal reforms to limit their liability and save them from an existential threat. This article examines auditor liability legal and regulatory regimes in Nigeria and the United States. It analyses recent developments, and evaluates the legitimacy of liability limitation efforts. It proposes that while a degree of liability protection is necessary, it must not be used to avoid responsibility for professional failure
THE LIMITS OF COMMON LAW RULES OF SEAWORTHINESS IN THE CONTEXT OF NIGERIAN JUDICIAL DECISIONS AND THE MERCHANT SHIPPING ACT (2007)
Get PDFThe ancient maritime law of yore which forms part of the received English common law stipulates that vessels/ships supplied by Ship Owners to Charterers, under Voyage and Time Charterparties, must be fit for the voyage or voyages envisaged, based on the prudent reasonable man standard. A vessel was usually hired for commercial operation for which the profit margin of the charterer will depend on the fitness and efficiency of the vessel, and, even where there are no express agreement, common law would readily imply a seaworthiness obligation on the Owner. A breach, depending on the circumstances, would lead to either termination or damages. However, the Nigerian courts in Coastal Shipping & Agencies Co. Ltd. v. Mandilas & Karaberiis Ltd., (1969) NSC 153, Narumah & Sons Ltd. v Niger-Benue Transport Company Ltd., (1989) LPELR-1940(SC) and NIMASA v Hensmor Nigeria Ltd. (2014) LPELR-22462(CA), respectively, appear not to be limited by the English common law rules in their application of the vessel’s seaworthiness obligation in Nigeria. In addition, Sections 216-249 of the Nigerian Merchant Shipping Act, No. 27 of 2007 (MSA 2007) contain more expansive obligations and rules which exceed the ancient rules. This Paper starts with an examination of the common law requirement of seaworthiness for vessels used in carriage of goods by sea, and also reviews the rationale behind the old rules. The Paper then critiques the Nigerian judicial decisions in Mandilas, Narumah, and Hensmor, and identifies the Nigerian divergence from the English rules. The author then reviews Sections 216-249 and 417 of the MSA 2007. In concluding, the Paper adopts the position that the current Nigerian statutory rules trumps the old common law because MSA 2007 has removed the determination of seaworthiness, safety, and fitness of sea-faring vessels, i.e.,, the safety of passengers, personnel (crew), and cargo on board the vessel, from the hands of private merchants, and conferred such on impartial and qualified ship surveyors and maritime experts. 
AUDITORS’ LIABILITY IN THE UNITED STATES- BEYOND BEING RESPONSIBLE TO THE CLIENTS
Get PDFThe liability of auditors in the United States, as in most common law jurisdictions, is traditionally based on contract between the auditors and their clients. However, over time, the scope of liability has expanded to include third parties, such as investors, creditors, and regulatory bodies. This article examines the laws, rules and judicial pronouncements that shape auditors’ liability beyond the auditors and the client whom had a contractual relationship. It explores landmark American judicial precedents, including cases like Ultramares Corp v Touche, Credit Alliance Corp v Arthur Andersen & Co, and Bily v Arthur Young & Co, to illustrate how the courts shift and adapt the law in balancing auditors’ accountability, not forgetting concerns over an open-ended liability. The article analyses the doctrines of privity, near-privity, and the foreseeability standard used by the courts to determine auditors’ liability. Auditors’ embracing and applying these doctrines ultimately determines their audit risk level, even as they leverage them in undertaking business opportunities and challenges in high-risk audits. Furthermore, it considers the policy rationale behind limiting or expanding third-party claims, including deterrence, fairness, and the potential to overwhelm the auditing profession. The article concludes by advocating for a liability framework that protects the investing public’s interest without exposing auditors to floodgates risks that will eventually undermine their viability in light of the recent corporate collapses like Enron and Arthur Anderson that provoked the recent global financial crisis
Deformation and material removal mechanisms of nanometric cutting of silicon at different depths of cuts using molecular dynamics simulation
Get PDFABSTRACT
The diamond tool with a rake angle of zero has been rarely studied, and the cutting mechanism in ultraprecision machining of brittle materials, such as silicon, is not well understood due to the varying cutting parameters involved. The use of this tool was investigated through molecular dynamics simulation to examine the material removal mechanisms in silicon nanometric cutting at different depths of cut. Simulations were performed using the large-scale atomic/molecular massively parallel simulator with the Tersoff potential function Mechanisms of chip formation and material removal were analysed at three different depths of cut (2 nm, 3 nm, and 4 nm). The study reveals that the structural and phase transformations in silicon are caused by high-pressure phase changes and dislocation activity leading to chip formation and material removal. Machining at a lower depth of cut results in a machined surface with less subsurface damage. For all depths of cut, the material removal mechanisms operate in a ductile mode, except at 4 nm, where a combination of ductile and brittle (cleavage) modes is observed on the machined surface. To ensure a ductile machining mode with this tool geometry, the depth of cut should be significantly smaller than the cutting-edge radius of the diamond tool to achieve a high-quality surface finish.
APPRAISAL OF THE PARAMOUNT INTEREST OF A CHILD AS PRECURSOR TO GRANT OF CUSTODY SHARI\u27AH (ةناضحلا ) OF A CHILD UNDER SHARI\u27AH
No full textCustody (Hadana) in Islamic jurisprudence is primarily guided by principles derived from the Qur\u27an, Hadith, and juristic interpretations within the four major Sunni schools (Hanafi, Maliki, Shafi\u27i, and Hanbali), as well as Shia perspectives. In Islamic Family law, custody is usually granted to the mother; with whom it is believed the interest of the child would be best served, particularly during the child’s early years, emphasizing maternal care\u27s importance in nurturing. Islamic law balances the rights and duties of both parents while prioritizing the child\u27s best interests, a principle known as maslahah (welfare of the child). Therefore, father basically assume financial responsibilities and legal guardianships, overseeing matters relating to the child’s education, finances, and marriage arrangements. However, there are factors which may cause shift in custody ranging from such as the child’s age, the custodian’s ability to fulfill the child’s obligations, and circumstances that might be deemed harmful to the child\u27s well-being. It must be noted however that Nigeria has numerous ethnic groups and customary laws vary broadly. Also, contemporary applications of custody in Muslim-majority countries vary, as interpretations of Islamic principles may integrate state laws, societal customs, and modern child welfare considerations. This paper through a doctrinal method appraises the provisions for child custody (Hadana) under the Shari’ah as affecting the Muslims’ children vis-à-vis how the interest of the children would be best served. The objective of this research is to sensitize many Muslim women who had little or no knowledge of their right to custody of their children. It was observed that though some Muslim women know their right to custody of their children but lack prerequisite power to fight for it when been overridden by men. Lastly, the paper concludes by making recommendations to Muslim women who may want to explore custody under Islamic law.
LEGAL AND POLITICAL IMPLICATIONS OF WITHDRAWAL OF MEMBERSHIP IN ECOWAS
Get PDFThis article discusses the legal and political implications of withdrawal of membership in the Economic Community of West African States (ECOWAS), by Mali, Niger and Burkina Faso. There were unconstitutional changes of government in these states for which sanctions were imposed on them. On 28 January 2024, the governments of countries issued a coordinated joint communiqué on national televisions in their respective countries announcing their withdrawal from ECOWAS. The aim of this article is to unravel the constitutionality of their respective notices. Withdrawal is an act by which a member of an international organization willingly terminates its membership. The right to withdraw is most of the time contained in the legal instrument of such an organization and this varies from one to the other. There have been previous withdrawal from ECOWAS by Mauritania and it was done according to the enabling Treaty. Doctrinal methodology is adopted and quantitative analysis of data is also used. The finding of this work shows that the three states of ECOWAS did not follow the provisions of the legal instrument of withdrawal. This work recommends that ECOWAS should not allow itself to be stampeded into lifting sanctions against a recalcitrant state