Volume IV Issue I – Carnelian Journal of Law and Politics

Carnelian Journal of

LAW & POLITICS

Vol. IV No. I

I. Human Rights Abuse by the Nigerian Police Force: A Legal Review

Adekunbi Imosemi PhD, Jacob Oluwakemi Mautin

II. An Appraisal of the Violence Against Persons Prohibition Act of 2015

Vis-A-Vis the Healthcare Provision for IPV Survivors Support in Nigeria

Olawunmi Opeyemi Ogundipe, Cheluchi Onyemelukwe, PhD

III. The Legal Framework for Management of Electricity Distribution in Nigeria:

Challenges and Prospect

Rufus Adeoluwa Olodude. ACIArb (UK)

IV. An Appraisal of the Legal Framework for Credit Risk Management

in the Nigerian Banking System

Temitope Kekema, Oladeji Olanrewaju

V. The Efficacy of the Laws Against Gender Based Violence in Nigeria

Yinka Olomojobi, Benson Okezie Wosu

VI. Cyber-Terrorism and its implication for Telehealth in Nigeria:

Imperatives for a Legal Framework

Titilola Adegbile LL.M, Titilayo Aderibigbe PhD

VII. The Intersection of E-Hospitality and the Law

Temitope Olorunnipa, Lucky Ikuvwerha, Olubukola Olugasa

VIII. E-Governance in Nigeria and the Theories of Law and Technology

Chidinma C. Akparanta, Lucky O. Ikuvwerha, Olubukola Olugasa

Human Rights Abuse by the Nigerian Police Force: A Legal Review

Adekunbi Imosemi PhD, Jacob Oluwakemi Mautin

Abstract

The concept of human rights is one that cannot be mistaken, as it is fundamental to the existence of man. Rights such as the right to life, right to human dignity, freedom of movement, amongst others. The existence of these rights are further instilled in the 1999 Constitution of the Federal Republic of Nigeria (as amended). The Police Force plays an important role in keeping the society safe. They ensure that citizens are safe and free from crimes and other vices perpetrated in the society. However, the Nigerian society has seen the Police Force in a means of conducting their duties, cross some lines by meting out various abuses which includes extra judicial killings, and also torture. These and many more have made Nigerians call for reforms focused on making the Police force better. This research adopts the doctrinal and the empirical research methodology. This paper seeks to examine the human rights abuse meted out by the Nigerian Police Force. It will explain the concept of human rights and torture. It will also conduct a review on the Nigerian Police Force – providing a brief history of the Nigerian Police Force; the legal framework that deal with the breaches of human rights abuses by the Nigerian Police Force. This paper will also provide recommendations on ways to curb the abuses by the Police Force.

Keywords: Human rights, Abuse, Police, Crime

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Human Rights Abuse by the Nigerian Police Force: A Legal Review.pdf

An Appraisal of the Violence Against Persons Prohibition Act of 2015 Vis-A-Vis the Healthcare Provision for IPV Survivors Support in Nigeria

Olawunmi Opeyemi Ogundipe, Cheluchi Onyemelukwe, PhD

Abstract

Generally, there is a culture of silence amongst the survivors of intimate partner violence (IPV), however, IPV has serious impacts on the health of the survivors which makes them visit healthcare settings more than those who do not experience IPV. To effectively support IPV survivors, healthcare providers (HCPs) need to know their roles and what is expected of them. This paper focuses on evaluating the VAPP Act and how it addresses IPV in relation to Healthcare Providers (HCP) and the World Health Organization's (WHO) advocated evidence-based systematic approach to assisting IPV victims. In achieving the research objective, the doctrinal research methodology will be adopted, coupled with critical analysis of the concept of IPV and the various ways it might manifest, the WHO's global plan of action and the corresponding recommended strategy for responding to these types of assaults, the VAPP Act and some key provisions pertaining to the topic in terms of their sufficiency for combating IPV and providing healthcare support for IPV survivors, and the extent and necessity of implementing the WHO's global plan of action. The study finds that there is a need for a national legal framework for the healthcare support of IPV survivors and there is currently no national protocol or legislation for the healthcare support of IPV survivors in Nigeria. Unfortunately this lack of provision or the legal basis of the HCPs has made it difficult for the survivors to get adequate support to discontinue the abuse or recover from the abuse. This paper, therefore, recommends that all the related laws should be considered to create an effective legal framework for the health care support of IPV survivors in Nigeria.

Keywords: Global Plan of Action, HCP, Legal framework, VAPP Act, Violence

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An Appraisal of the Violence Against Persons Prohibition Act of 2015 Vis-A-Vis the Healthcare Provision for IPV Survivors Support in Nigeria.pdf

The Legal Framework for Management of Electricity Distribution in Nigeria: Challenges and Prospect

Rufus Adeoluwa Olodude. ACIArb (UK)

Abstract

The electricity sector in Nigeria has been riddled with enormous challenges over the years which has led to its privatization, yet it seem that little has yet been achieved. It is important to note that electricity distribution is the heart of transmission, as power cannot get to the consumer without distribution even if power has been generated. Therefore, electricity distribution companies have been identified as a vital link between the supplier of electricity and customers that buy and use electricity. It has been said that distribution involves a process which constructs and maintains equipment that transforms the power supply to the type that meets the customer's needs, meters the amount the customer uses, provides the appropriate billing and collects the payments. In the present-day Nigeria, there are 11 electricity distribution companies. Hence, this work seeks to examine the laws regulating the distribution of power supply in Nigeria. Furthermore, this work further examines the challenges and prospect for management of electricity distribution in Nigeria. For the purposes of this research, statutes, legislative bill and petroleum regulations were utilized which are primary sources while secondary sources such as online materials and books were utilized. The paper finds out that the regulatory framework for management of distribution of electricity in Nigeria have got some fantastic provisions, which if harnessed can change the game for the electricity distribution but noted that the level of compliance is nothing to write home about. This paper concluded by recommending that the Discos should be encouraged to strictly comply with the existing beautiful regulations in place while the areas of conflicts should be jettisoned. It was also recommended that there should be an avenue for competition in distribution of electricity such that mini-grid investors should be encouraged to invest in the electricity sector to provide more viable option for constant electricity supply in Nigeria

Keywords: Electric Power, Reform, Distribution Companies, Power Sector

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The Legal Framework for Management of Electricity Distribution in Nigeria: Challenges and Prospect.pdf

An Appraisal of the Legal Framework for Credit Risk Management in the Nigerian Banking System

Temituope Kekema, Oladeji Olanrewaju

Abstract

One of the major risks inherent in the Nigerian banking system is credit risk which connotes the risk arising from the probability of failure on the part of a borrower to fulfil its loan obligation. Existing literature on the subject mainly focused on the socio-economic aspect of credit risk management while little attention was paid to the legal aspect. The general objective of this study was to conduct content analysis on the legal framework for the management of credit risk in the Nigerian banking system. Based on this analysis, it was discovered that the various laws needed amendment to enhance the proper management of credit risk in the Nigerian banking system.

Keywords: Credit Risk Management, Legal Framework, Banking System

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An Appraisal of the Legal Framework for Credit Risk Management in the Nigerian Banking System.pdf

The Efficacy of the Laws Against Gender Based Violence in Nigeria

Yinka Olomojobi, Benson Okezie Wosu

Abstract

This study examines the issue of Gender-based violence in Nigeria and how human rights laws can help mitigate it. It highlights the level of protection offered under both international and domestic laws to victims of Gender-based violence. It shows how despite the plethora of laws in existence, the said issue continues. This study adopts the doctrinal research methodology given the fact that the study involves examining provisions of the law and its impact in serving as a solution to Gender-based violence in Nigeria. One of the arguments of this study is that Gender-based violence affects both men and women. The study highlights the various forms in which Gender-based violence can occur and factors aiding its continuous perpetration. The study identifies human rights adversely affected by Gender-based violence to include right to life and right to dignity. This works recommends effective enforcement of the existing laws in Nigeria. In conclusion, Gender-based violence should have been a thing of the past given how long it has spanned and the existence of several laws against its perpetration.

Key words: Gender-based violence, human rights law, victims

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The Efficacy of the Laws Against Gender Based Violence in Nigeria.pdf

Cyber-Terrorism and its implication for Telehealth in Nigeria: Imperatives for a Legal Framework

Titilola Adegbile LL.M, Titilayo Aderibigbe PhD

Abstract

There are about 8 billion people in the world; about 62.5% of them are internet users. Therefore, the world has moved from being a “global village" to a "global cyber village”. Technological and innovative disruptions are being experienced across all human endeavours, including healthcare, the latest being ChatGPT. Advancement in technological innovations has become part of human existence even in the area of healthcare. Security is therefore a core concern and is fast taking up cyber and technology dimensions, giving rise to phenomenon like cyber-terrorism. Using a desk-based doctrinal research methodology, this study investigates cyber-related statutes for adequacy of a legal framework for cyber- terrorism in the light of healthcare and telehealth in Nigeria. Findings from this research show that there is no singular legislation that adequately addresses cyber-terrorism in Nigeria’s healthcare system. This is an imperative for a dynamic and young population like Nigeria. Furthermore, the supremacy clause of the constitution makes it difficult to make policies on healthcare and cyber terrorism without a a specific legislative intervention. The available statutes on healthcare are insufficient to address both telehealth and its cyber- security challenges like cyber-terrorism. The extant cyber-related legislations envisage and provide a basis for addressing cyber-challenges to healthcare in this study. The study concludes that there are inadequate legislative modalities to guide the application of these cyber-related legislations to protect the health sector and its users. The study recommends that Nigerian legislature formulate telehealth policies that addresses the urgent abysmal telehealth infrastructure and cyberterrorism in her healthcare system.

Keywords: Healthcare, Tele-health, Legislature, Cyberterrorism

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Cyber-Terrorism and its implication for Telehealth in Nigeria: Imperatives for a Legal Framework.pdf

The Intersection of E-Hospitality and the Law

Temitope Olorunnipa, Lucky Ikuvwerha, Olubukola Olugasa

Abstract

Care for travellers and tourist is a phenomenon that has evolved over the ages. The evolution of that aspect of life has developed into a means of livelihood that has seen some form of boom and competition in the course of time. The 20th century heralded the computer age where most activities were becoming automated and by the 21st century electronic means of doing things is common place. The hospitality industry is not left out in the operation of electronic businesses. Electronic means has taken over in the area of services such that transactions in the hospitality industry are no longer deterred by physical limits or boundaries of any sort. Transactions can be concluded with just a click of the button across country borders, amongst different races or languages and without time borders. Even though this is made possible by reason of advancement in technology, what the position of the law is in regulating the operation of electronic hospitality is the crux of this study. A doctrinal approach is utilized in this qualitative study to analyse the position of the law in the operation of technology in the hospitality industry and tourism sector. Both primary sources of the data being statutes and secondary sources like articles and online materials are engaged to execute this study. The study finds that though technology is necessary to mankind in this generation, the law has to

Keywords: E-hospitality, hospitality industry, law, tourism, theory.

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The Intersection of E-Hospitality and the Law.pdf

E-Governance in Nigeria and the Theories of Law and Technology

Chidinma C. Akparanta, Lucky O. Ikuvwerha, Olubukola Olugasa

Abstract

The advancement of technology in recent times resulted in changes in the way things are done. The act of governance is not left out in the impact of technology as traditional governance has been disrupted by technology. Governance practices, decision-making processes, and overall corporate performance can be enhanced by adopting technological innovation. This paper adopted a qualitative research methodology. It utilized the doctrinal research design which involved the use of primary and secondary sources of information such as statutes, journal articles, and other online sources. The paper found that technology and its quick adoption is a veritable tool for achieving e-governance. Also, it found that there is dearth of digital skills due to the digital divide that exists in the country. It found that abuse of citizens’ data could be a major concern of technology for communication in e-governance. It recommended the strengthening of ethics and data privacy regarding technology. It concluded that given the global trend and the benefits associated with E-governance, it should be embraced with zest.

Keywords: Digitalization, E-Governance, Technological Advancement, Technological Innovation, Technological Phenomenon.

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E-Governance in Nigeria and the Theories of Law and Technology.pdf