Insecurity and conflicts: the place of human rights under the Nigerian law

This paper reappraises national security challenges, human rights provisions, derogations under the Constitution of the Federal Republic of Nigeria 1999 and the place of human rights in conflict situations between national security and human rights under Nigerian law. In achieving its aim, this paper adopts an admixture of the historical, comparative, the law and development approaches, in relevant areas. The paper ends with a conclusion and set of recommendations.Keywords: National Security, Human Rights, Constitution of the Federal Republic of Nigeria 1999, Conflic

Non-Oil Mineral Development and Sustainability of State Economy in Nigeria: A Perfunctory Theory Test and Ebonyi State Experience

Theoretically, ownership of property connotes among other things, ‘‘the right to use, perhaps to abuse save in so far as no damage or harm is caused to the adjoining owners of land or neighborhood”.[1] Ownership of property further connotes right to exclusive possession and the unfettered right to alienate, develop or transfer such property or right in it when it is desired. This poser supports the maxim of cuiusestsolum, eiusestusqueadcoelum et ad inferos It arises with respect to a given property. Just like Petroleum Act and Nigeria Constitution, the Mineral Act handed over solid minerals to the government of the federation. Ebonyi State is one of the States in the South Eastern Nigeria with enormous solid minerals. However, Mineral Act took a different dimension in approach of exploration and development of the solid minerals thus, giving local community and local government vis-à-vis the immediate landowners some recognitions or participatory roles in negotiation of leases. But prospective miners must get approvals from Ministry of Mines and Steel Development through its Mining Cadastre Office and not through State Department of Mineral Development. Development and sustainability of state economy through the development of non-oil resources across the nation is hampered due to the uncharitable stance of section 44 (3) of the Constitution of Nigeria. Thus, the ‘sacrosanct’ of this proviso makes the state’s right to develop or participation solely on the collection of tolls and land taxes and not rights of developing the minerals per se to boost the independence of state’s economic stand. In this article, the writer is considering the above legal issues and how best states with non-oil minerals can develop them to reduce their dependency on federal monthly allocation. It is also aimed to exploring in-depth, principles or theorems that may be best applied in formulating State’s non-oil mineral policies, legislations, proven system integration and reforms in solid mineral management in Nigeria to building a sustainable economic development in Ebonyi State Nigeria. The author will have a quick look at Ebonyi State agricultural prowess and make recommendations. This work adopts a doctrinal methodological approach where relevant primary and secondary data will be required. Keywords:Solid minerals, Resources, Non-Oil and Gas, Sustainability, Diversification, Economy, Revenue, Development, Ebonyi State, DOI: 10.7176/JLPG/134-05 Publication date:July 31st 2023 [1]I. A. Uwmezulike, ABC of Contemporary Land Law in Nigeria (Revised and Enlarged Edition), (Snaap Press Nigeria Ltd 2013) at p 14. See also the Nigerian Supreme Court decision on Ashiru v Olukoya (2006) 11 NWLR PT 991 P. 1

An Examination of the Effectiveness of Banking Arbitration in Nigeria

Banking is crucial sector in any economy and Nigeria is no exception. In Nigeria, the banking industry is regulated by the Central Bank of Nigeria (CBN), and disputes between banks and their customers are often settled through arbitration. This paper examines banking arbitration effectiveness in Nigeria. The paper provides an overview of the Nigerian banking industry and arbitration's role in resolving disputes. It then examines the effectiveness of banking arbitration in Nigeria by analyzing the procedures and processes involved in the arbitration process. It also analyzes the level of compliance by banks with arbitration decisions, and the perception of the public towards banking arbitration. The findings of the paper suggest that while banking arbitration in Nigeria has resolved disputes between banks and their customers, there are still some challenges to be addressed. Which includes the slow pace of arbitration proceedings, inadequate training and accreditation of arbitrators, and lack of transparency in the arbitration process. Overall, the paper concludes that banking arbitration in Nigeria is an effective means of resolving disputes between banks and their customers. However, there is room for improvement. Stakeholders in the banking industry need to work together to address the challenges and ensure the arbitration process is fair, transparent, and efficient. Keywords: Banking, Arbitration, Effectiveness, Nigeria, Examination, Dispute Resolution. DOI: 10.7176/JLPG/133-01 Publication date:June 30th 202

Oil and Gas Extraction in Nigeria and its Impacts on Environment: Radical Measures to Deep-Seated Challenges of Environmental Sustainability

Environmental Law is a contemporary issue and this invasive subject houses number of other disciplines like economics, sociology, social sciences, oil and gas law, law of the sea, international law and many others. These disciplines have made some efforts to understand the best way to approach the environment with divergent views through interdisciplinary approach in assessing their choice of policy and ideas. As a result, this work will delve into a qualitative approach in exploring the perspectives that influence ways of thinking and making policies that are reflected in Nigerian environmental laws and policies and judicial processes in maintaining a sustaining environmental development and conserving its bio-diversity

A REVIEW OF THE BOKO HARAM INSURGENCY AND ARMED CONFLICTS IN NIGERIA UNDER INTERNATIONAL HUMANITARIAN LAW

The paper takes an overview of types of conflicts recognized under international humantarian law, in the light of the Boko Haram insurgency in Nigeria. It commences with a background, the current state of national security in Nigeria which is followed by  an examination of the concept of terrorism, its variants and how to handle it, the provisions of Article 3 of the Geneva convention of 1949, applicable international treaties, convention against torture and other issues dealing with cruelty, inhuman or degrading treatment of prisoners and punishment, the provisions of the convention on prohibition or restriction on the use of certain conventional weapons, which may be deemed to be excessively injurious or to have indiscriminate effects 1981, the provisions of the charter of the United Nation 1945, the provisions of the convention on the prevention of the crime of genocide 1948, the international committee of the Red Cross and their activities in armed conflicts, visitation to prisoners, care, awareness and a conclusion

Some religio-cultural practices against the property rights of women and children in Nigeria and specified African countries

Most African ethnic groups treat women as property to their husbands and could be inherited1 but without inheritance rights at all or with unequal  rights tilted in favour of males2 especially in rural areas3. This inquiry  sought the impediments to the realisation of the customary inheritance rights of African women and children and how to overcome them. Review of articles in journals, internet based materials consisting of reports of  interviews of victims of inhuman customary practices, books, statutes and case law from some African countries was the analytical approach employed in this inquiry. Latest legislative and judicial attitudes were found to be intolerant of these practices but ignorance, poverty, etc. of victims is the setback. Sanctions on erring states members could secure compliance with charters/protocols that guarantee these rights; states and Human right groups’ interventions could provide the enlightenment and financial support needed by rural dwellers to assert their rights.Keywords: Property Rights, Women and Children, Religio-cultural Practices, Nigeria, Some other African Countrie

A case for the fusion of anti-graft agencies in Nigeria

This paper interrogates the existence of several agencies in Nigeria and makes a case for the fusion of all anti-graft agencies in Nigeria as it is in some other developed countries in the world such as Singapore and Hong Kong. The paper further highlights the advantages of such a fusion with a conclusion and recommendations.Keywords: Fusion, Anti-Graft Agencies, Nigeri

An Examination of the Enforcement of ICJ Decisions Through Regional Organizations and Specialized Agencies

The existence of inadequate measures and process for the enforcement of ICJ decisions is attributable to the growing concern and trepidation of non enforceability of ICJ decision hence the need to seek an approach and arrangement that will address this flaw. This article strives to examine the enforcement of ICJ decisions through regional organizations and specialized agencies. This study is aimed at evaluating the use, effectiveness and observed challenges associated with enforcement of ICJ decisions through regional organizations and specialized agencies. The methodology chosen in this study was basically descriptive, analytical and argumentative methods. Secondary literature and qualitative analysis of the work of other scholars were complemented with the review of regional organizations and specialized agencies, articles as well as decided cases with the intent of eliciting and providing useful information which will enhance the research discussion. In totality, the assessment of the study findings reveals that ICJ decisions can be enforced through regional organizations and specialized agencies but not without challenges highlighted in the study which points to the need of balancing of the positive and negative effects of the use of regional organizations and specialized agencies in the enforcement of ICJ decisions. This articles concludes by examining if regional organizations and specialized agencies exercises suzerainty over member States to secure the enforcement of ICJ decisions, from the outcome of the study recommendations which are relevant to address the lapses recorded in the use of regional organization and specialized agencies as a channel for the enforcement of ICJ decisions. Keywords: Suzerainty, Regional Organizations, Argumentative Methods, Specialized Agencie

An Examination of the Role of the International Court of Justice (I.C.J) in the Enforcement of Its Own Decisions

One important issue which forms the basis of the existence and jurisdiction of the International Court of Justice (I.C.J.) is that its decision ought to be binding and enforceable, but there are record of instances and cases where parties to a dispute before the ICJ refuse to obey or comply the court decisions leaving the Court with the dilemma or constraint on the enforcement of its decision to avoid bringing its integrity to question. In the bid to address this issue of the enforcement of ICJ decisions different mechanisms have been suggested as solution to resolving the issue. Therefore, this work examined the role of the International Court of Justice in the enforcement of its own decisions. This work further examines the participation of the I.C.J. in enforcing its decision and the inadequacies inherent in this process. Flowing from this discourse, recommendations were proffered. Keywords: International Court of Justice, Decisions, Enforcement, Treaty, recalcitrant State, United Nations

An Examination of the Nigerian Climate Change Laws and Policies: Stagnation or Progress?

Climate change is a global issue that affects every country, a pressing issue that requires global response. Nigeria is one of the countries that are most affected by climate change. The Nigerian government has recognized the impact of climate change on the country's economy, health, and environment, and has put in place laws and policies to address the issue. However, the question remains whether these laws and policies are effective in mitigating the impact of climate change or if they are simply symbolic gestures with no real impact on the ground. This paper examines the Nigerian climate change laws and policies to determine whether they are contributing to progress or stagnation. The paper provides an overview of the Nigerian climate change laws and policies, including the Climate Change Policy and Response Strategy (2012) and the National Climate Change Policy (2013). It1 also examines the legal framework for climate change in Nigeria, including the Constitution of the Federal Republic of Nigeria (1999) and the Environmental Impact Assessment Act (1992). The paper then analyses the effectiveness of Nigeria's climate change laws and policies, especially the 2021 Act. The analysis is based on a review of relevant literature, as well as interviews with key stakeholders in Nigeria's climate change sector. The analysis reveals that while Nigeria has made some progress in addressing climate change, there are still significant challenges to be overcome. These challenges include a lack of funding, limited public awareness and understanding of climate change, and weak institutional frameworks. It concludes by recommending measures that can be taken to improve Nigeria's climate change laws and policies. Overall, the paper suggests that while Nigeria has made some progress in addressing climate change, there is still much work to be done to ensure that the country is better prepared to tackle this critical issue