Carnelian Journal of
LAW & POLITICS
Vol. III No. II
I. The Jurisprudential Significance of Natural Law, Morality and
Religion in Legislations: The Nigerian Experience
Hilary Nwaechefu PhD, Titilola O. Adegbile LL.M
II. Renewable Energy and its Instrumentality to Sustainable Development in Nigeria
Ayoyemi Lawal-Arowolo PhD, Tayo Douglas Esq. LL.M
III. Examining Access to Emergency Healthcare through Human Right Theories
Professor Cheluchi Onyemelukwe-Onubia, Sheriff Olayinka Razaaq
IV. Sailing
Against the Tides? Re-Examining the Challenges Plaguing the Nigerian
Police Force
in the Administration of Criminal Justice
Rilwan F. Mahmoud PhD
V. The Impact of the Covid-19 Pandemic on Environmental Law Enforcement in Nigeria
Rilwan F. Mahmoud PhD
VI. Resolving Dilemma of Legal Pluralism in Western States’ Laws of Succession
Emeritus Prof. I.O. Agbede (Ph.D), Adepoju Adebiyi Anthony LL.M
VII. Domestic Laws on the Rights and Protection of Rape Victims During a Pandemic
Comfort Roland-Otaru PhD
VIII. Remedies Available To Revenge Pornography Victims in Nigeria
Ayoyemi Lawal-Arowolo, PhD
IX. The Nigerian Bar Association Sexual Harassment Policy (NBASHP):
Safeguarding Female Lawyers' Right To Dignity Of Human Person?
Faith Nwayemogbo Opara LL.M, David Tarh-Akong Eyongndi LL.M
X. The Digital Technology Era and International Commercial Arbitration and Commercial Interests
Emeritus Prof. I.O. Agbede (Ph.D), Babatunde Adeola
XI. Nigeria's Electoral Act 2022: Of Electoral Politics, Litigations and Matters Arising
Ekokoi Solomon
XII. Towards a Responsive Approach to Teaching International Law in Nigerian Universities
Halima Doma- Kutigi, PhD
The Jurisprudential Significance of Natural Law, Morality and Religion in Legislations: The Nigerian Experience
Hilary Nwaechefu PhD, Titilola O. Adegbile LL.M
Abstract
Natural law, morality and religion play essential roles in human and societal relationships.Every human being is the product of his society and his environment. The environment produces human conduct via its values, norms and mores. The laws passed in society help to regulate the behaviours of the members of the given society. Law determines the dos and don'ts the given community members will embrace. The level of influence of natural law or the law of nature endowed on humans and knowable by reason and conscience determine the extent of moral value the society will pursue. Also, the religion and the faith followed by the vast majority of the populace determine the level of a good or bad relationship among the members of the society at large. This paper's primary objective is to point out the importance of natural law, morality and religion in passing legislation or Acts of parliament so that laws in Nigeria will reflect the moral and religious inclinations of Nigerians. The methodology adopted in this work was normative doctrinal analysis. The data was collected from statutes, and books. The article finds that natural law, morality and religion are not given an adequate place in legislation passed in Nigeria. There is the need to bring information regarding the importance of natural law,morality and religion to the knowledge of the lawmakers. The paper makes recommendations calling upon the parliament to infuse more ingredients of natural law, morality and religion in the laws and Acts in Nigeria.
Keywords: Natural Law, Morality And Religion, Justice, Legislation, Society
Renewable Energy and its Instrumentality to Sustainable Development in Nigeria
Ayoyemi Lawal-Arowolo PhD, Tayo Douglas Esq. LL.M
Abstract
Steering sustainability with the use and development of renewable energy is undoubtedly a contemporary subject in Nigeria and just as it is all over the world. It means therefore that constant research is inevitable if indeed the country is determined to drive the achievement of sustainable goals with renewable energy. This paper examines the concept of renewable energy, its features and perceived line of difference between renewable and sustainable energy. Also within review are the emergence of sustainable development and its elevation into concept status. In view of this dimension as to status, the paper examines the concept’s fundamentals, its operative principles and how Nigeria can key into all these principles to achieve sustainable goals. The significance of renewable energy to the achievement of sustainable goals in the country’s economy is also examined by this paper. In line with this trend, the paper demonstrates how renewable energy could be engaged to strengthen the three pillars of sustainability concept. Finally, this paper reviews the imperatives of legislation to the use and development of renewable energy in Nigeria.
Keywords: Sustainability, Energy Security, Climate mitigation, Health impacts, Greenhouse gases Emission
Examining Access to Emergency Healthcare through Human Right Theories
Professor Cheluchi Onyemelukwe-Onubia, Sheriff Olayinka Razaaq
Abstract
Access to emergency healthcare takes the front burner in Nigeria as a result of the recent Covid 19pandemic and other security challenges arising from increase wave of banditry, insurgencies as aresult of the operations of the Boko haram and if recent the ISWAS group, not leaving out the IPOBgroup, cultism leading to an increase in gunshots wound victims needing urgent medical attentionthus stretching the thin resources available to make provisions for this. This article discussed theconcept of access to health and of course emergency health as a right. It went on to further takes a lookat various human right theories and the effect they have on the process of allocating resources tohealthcare emergency taking into consideration the role which health plays and the position of theWHO on the health of the people
Keywords: Access, Health, Emergency, Human right, Rights, Theories
Sailing Against the Tides? Re-Examining the Challenges Plaguing the Nigerian Police Force in the Administration of Criminal Justice
Rilwan F. Mahmoud PhD
Abstract
Insecurity in Nigeria is at an all-time high seeing the rise of homicide, kidnapping, armed robbery and corruption. This has revealed a dire breakdown of the structure and the total absence of a functional criminal justice system in the Country. Kidnapping has grown into a multi-billion Naira industry as it has been left relatively unchecked while the rise in killings proves an ineffective law enforcement system.This paper examines the challenges hindering the Nigerian Police Force from effectively undertaking their duty as the last line of defense against civil unrest and the disruption of law and order. The paper achieves this by evaluating the extent to which the country measures up to a functional criminal justice system. This paper shows that despite the best efforts of the federal and state government to ensure accountability in the Nigerian Police force, there remains a significant lacuna where these functions are not being performed adequately. The paper concludes that a primary cause of the inadequacy includes insufficient financing, equipment, and infrastructure, poor training and a shortage of qualified training staff. It recommends that the Government should prioritize the welfare of the members of the Nigerian Police force to help build a functioning criminal justice system.
Keywords: Nigerian Police, Criminal justice, Institutions, Judiciary
The Impact of the Covid-19 Pandemic on Environmental Law Enforcement in Nigeria
Rilwan F. Mahmoud PhD
Abstract
This paper examines the effect of the Covid-19 epidemic on the enforcement of environmental laws in Nigeria. The paper approaches this by evaluating the role of the Nigerian Laws regulating the environment and examines the challenges faced by the enforcement of environmental laws in the postCovid-19 Nigeria. The paper reveals that environmental threat of communicable diseases that are capable of causing global pandemics like SARS, meningitis, Polio and the Covid-19 viruses remain in sufficiently unchecked. The paper also reveals that while there has undoubtedly been significant progress in the enactment of environmental legislations like the recently enacted Petroleum Industry Act of 2021 and the Solid Waste Management Policy of 2020, enforcement of environmental legislations remains a significant problem. The paper concludes that the limited enforcement mechanisms for the spread of communicable diseases like Covid-19 should be addressed urgently before another outbreak or Nigeria faces an even bigger environmental threat than the unfortunate Oil pollution of the Niger Delta region. The paper recommends that the 2018-2022 National Action Plan for Health Security of the Federal Republic of Nigeria should be considered as a priority by every environmental enforcement agency and implemented accordingly.
Keywords: COVID-19, Environmental law, Enforcement, Pollution
Resolving Dilemma of Legal Pluralism in Western States’ Laws of Succession
Emeritus Prof. I.O. Agbede (Ph.D), Adepoju Adebiyi Anthony LLM
Abstract
In recent time, researches have shown the need to have one single law in respect of succession matters in Western Nigeria. This is as a result of conflicts attributed to the existing succession laws in the region.Multiplicity of laws of succession have occasioned miscarriage of justice. Often time, lawyers, litigants,even courts do express their dissatisfaction about proliferation of laws in respect of succession matters. The paper has however, examined what can be done to eliminate the conflicts and the problems associated with these proliferations of laws. Findings revealed that Nigeria has not adopted appropriate approach to harmonize different intestate laws. Due to the proliferation of laws of succession in the region, conflicts has been occasioned and as such it has led to the miscarriage of justices and denial of inheritance rights to some set of the people. The paper concluded that lack of one single system of law of succession in the region and Nigeria at large has largely responsible for the conflict which litigants, counsels and even the courts are experiencing today. Unification of intestate succession laws in Nigeria is however, been suggested as the only solution to the problem of pluralism of laws in the area of succession in Nigeria, and it can be achieved by integrating all the existing laws of succession with the support of legislation. Doing these will give all parties in inheritance matters equal opportunity and thereby forbid rancor which this present sharing system has brought.
Keywords: Resolving, Dilemma, Pluralism, Laws and Succession
Domestic Laws on the Rights and Protection of Rape Victims During a Pandemic
Comfort Roland-Otaru, PhD
Abstract
Women and children’s rights most especially have been promoted and promulgated, particularly the protection from sexual abuse in different enactments. In the last century, there has been the ultimate realization of the need to protect women and children from sexual abuse. This has occasioned the enactment of national and state laws specifically tailored towards the protection of rape victims. Similarly, while identifying that the mere enactment of laws would not be enough to combat the fight against rape and protecting victims, the government established ministries and agencies to implement these laws. This inextricably led to the establishment of specialized arms of the Nigerian Police Force,Family Courts, specialized agencies, to mention but a few. Through the doctrinal approach and content analysis, this article examined the existing domestic legal frameworks on the protection of victims of rape and its effect on the rights on the victims of rape. The article went further to examine the extent of the effectiveness of those laws in light of a pandemic such as Covid-19.Keywords: Rape, Crimes, Victims, Appellant, Rights
Remedies Available To Revenge Pornography Victims in Nigeria
Ayoyemi Lawal-Arowolo, PhD
Abstract
Technology has made it possible for individuals to reach a wide audience within the twinkle of an eye.This feature has led to the faster dissemination of revenge pornography pictures and videos. The effects of revenge pornography are devastating and they range from suicide to loss of jobs and to depression. Most victims of this offence are shamed and blamed for their own abuse. This article is dependent on the qualitative research approach, adopting the doctrinal research methodology. The doctrinal method is most suitable for this work because it enables analysis of legal theories regarding revenge pornography in Nigeria. Legal instruments and data are examined in this area of study. The article reveals that there are remedies available to victims of revenge pornography in Nigeria. However, these remedies are not efficacious. Furthermore, the laws regulating cybersex offences in Nigeria are not exhaustive. The article recommends that the existing regulations on cybersex offences in Nigeria beam ended to capture the concept adequately. In addition, it is recommended that institutions (government and non-governmental organisations), including law enforcement agencies, be given proper orientation on the nature, effects and practice of revenge pornography and most importantly,ways to help victims and to curb this menace. This study concludes that the failure of government to be more serious about the protection of victims of cybersex offences paints the society as a cybersex friendly environment.
Keywords: Non-consensual pornography, cybersex offences, intimate images.
The Nigerian Bar Association Sexual Harassment Policy (NBASHP): Safeguarding Female Lawyers' Right To Dignity Of Human Person?
Faith Nwayemogbo Opara LL.M, David Tarh-Akong Eyongndi LL.M
Abstract
Sexual harassment is an ignominious act that female, due to their anatomical makeup are exposed to more than their male counterpart. Female employees, irrespective of status are predisposed to sexual harassment and the legal profession in Nigeria is not an exception. At the 61st Annual General Conference of the Nigerian Bar Association (NBA AGC) 2021, the NBA Women Forum (NBAWF) presented the NBA Sexual Harassment Policy (NBASHP) and same was adopted. The policy is aimed at curbing the menace of sexual harassment suffered by female lawyers in the workplace. The policy saddles stakeholders within the NBA with various responsibilities towards its promotion and implementation. No doubt, the initiative is a step in the right direction. This paper adopts analytic approach and rely on both primary and secondary data in interrogating whether this initiative is capable of safeguarding female lawyers’ right to dignity of human person in Nigeria. It discusses challenges associated with the implementation of the policy, the role of stakeholders like International Federation of Women Lawyers (FIDA) and NBAWF. It examines the stance of the National Industrial Court of Nigeria (NICN) towards workplace sexual harassment. It recommends public enlightenment, pro bono legal representation, expeditious trial of sexual harassment cases by NICN, sexual harassment victim support, adoption of naming and shaming policy by NBA against culprits of sexual harassment and award of punitive damages to victim as ways to ensure realisation of the policy’s goals towards safeguarding female lawyers’ right of dignity of human person.
Keywords: Dignity of human person, Female Lawyers, NICN, Nigeria, Sexual harassment, Victim.
The Digital Technology Era and International Commercial Arbitration and Commercial Interests
Emeritus Prof. I.O. Agbede (Ph.D), Babatunde Adeola
Abstract
The practice and procedure of international commercial arbitration (ICA), like any other human endeavour, has experienced the disruptive incursion of digital technology. The main objective in this article is to critically interrogate the impact digital technology has made on the practice of international commercial arbitration and commercial interests. The article presents an exegesis on the meaning and rationale for the preference of arbitration as an amicable dispute resolution mechanism by disputants. It discusses various impacts which digital technology has had on the practice of international commercial arbitration and commercial interests. It then highlights the challenges militating against the deployment of digital technology in the practice of international commercial arbitration and way-forward.
Keywords: Digital technology, Arbitration, Commercial, Covid-19, Dispute Resolution
Nigeria's Electoral Act 2022: Of Electoral Politics, Litigations and Matters Arising
Ekokoi Solomon
Abstract
This paper highlights the novel and significant provisions of the Electoral Act 2022. It examines the electoral politics, as well as constitutional and ethical issues arising from thelitigation of section 84(12) of the Electoral Act 2022. Using the logical unity of the legal order theory, this paper argues that section 84(12) of the Electoral Act logically conforms with the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), and is therefore constitutional. The paper recommends an amendment to the Electoral Act to include a clear definition for the phrase ‘political appointee’, as well as the amendment of relevant provisions in section 318(1) of the CFRN 1999, to avoid needless arguments going forward.
Keywords: Electoral Act, electoral politics, constitutionality, political appointee, public servant, forum shopping
Towards a Responsive Approach to Teaching International Law in Nigerian Universities
Halima Doma- Kutigi, PhD
Abstract
Since attaining independence in 1960, Nigeria has been a key player in international affairs. It has contributed to conflict management, and supported other developing countries and international institutions in many ways. In the context of current global realities and challenges, knowledge of international law has become very important and its increasing importance makes it a foundational element of any legal system. Notably, international law has always been a source of law in Nigeria; yet in terms of scholarship, it appears not to be given the level of attention it deserves. This paper adopts a mixed research method through qualitative analyses of available literature on the research subject, and interviews conducted with seven teachers of international law across different Nigerian universities, to consider the role of pedagogical methods in providing robust learning experience and enhancing better understanding of international law. Specifically, the study analyzes the traditional methods and materials used to teach international law with a view to assessing their efficacy against the background of current global affairs. The study finds that traditional teaching methods are beneficial and therefore remain relevant. However, the complex nature of international law coupled with globalization and emerging trends in the international arena demands for more innovative and effective teaching methods. The study therefore concludes by making a case for complementing the traditional methods currently in use with modern teaching tools and techniques in line with global best practices.
Keywords: Responsive, Teaching, International Law, Pedagogy, Universities, Nigeria.