The Innovative concept and Issues Concerning the Non-Custodial Sentence in Nigerian Criminal Justice System

It is apt to state that the challenges currently encountered in the Nigerian criminal justice system, is that the Nigerian correctional centers are densely populated with awaiting trial suspects and in a highly deplorable condition. In a renewed effort to attend to the Nigerian correctional centres' appalling state, the National Assembly enacted the Administration of Criminal Justice Act (ACJA) 2015 and the Nigerian Correctional Services Act (NCSA) 2019. These laws are meant to promote the efficient management of the criminal justice system and to address issues (such as a non-custodial sentence) that were not hitherto covered under the repealed Nigerian Prisons Act, in line with the internationally accepted standards. However, despite the innovation brought by these laws, there are some challenges affecting its smooth implementation. It is in this regard, that this study tends to embark on a hybrid method of study in ascertaining the relevance of non-custodial sentences in Nigeria's criminal justice system laws and its challenges. Questionnaires were sent to 327 of respondents, descriptive and analytical methods were used in analyzing the data generated. The study, therefore, found that the introduction of a non-custodian sentence has greatly enhanced the Nigerian criminal justice system. Although, there are several challenges (such as; the discretion of the judges, lack of facilities for the successful enforcement of non-custodial sentences, and corrupt practices) mitigating against its smooth implementation. It was therefore concluded and recommended that embracing non-custodial sentencing will reduce prison reception and minimize the enormous government resources in maintaining the prison infrastructure and the prisoners. In this regard, there is a need for a redress of the challenges mitigating the smooth application of non-custodian sentences in Nigeria's criminal Justice System

Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response

Food is essential to man's existence, giving the popular saying that a healthy feeding often determines a healthy living of an individual. However, it has been observed that given the high rate of food insecurity in Nigeria, it has resulted to a high influx of numerous food producers producing substandard products or food that could cause food poisoning. Given this, the study made use of a doctrinal and non-doctrinal method of research method in examining the causes and dangers of food poisoning in Nigeria, how effective statutory laws are, and judicial attitude towards cases of food poisoning. The study adopted an online survey questionnaire distributed to 347 respondents (randomly selected) living in various states in Nigeria. Analytical and descriptive statistics were used to analyze data generated from the online questionnaire. The study, therefore, found that most Nigerians have suffered from food poisoning arising from poor processing, storage, and preservation of harmful substances. It was therefore concluded and recommended that, there is a need for statutory response and judicial activism in curtailing the sale of food that could cause food poisoning. Furthermore, food inspector agencies should often conduct routine inspections of public and private food processing factories or vendor

Voluntary Assets and Income Declaration Scheme a Panacea to Tax Evasion in Edo State, Nigeria

In Edo State, taxation is a primary revenue-generating tool often used to finance most public projects. It is apt to state that most individuals residing in Edo State are into small, medium, and large-scale businesses. However, business owners in Edo State often evade and avoid tax payments for the following reasons; taxes leveled on citizens or companies are numerous, excessive tax rates, and others. Given this, several taxpayers in Edo State have not been able to remit tax due for several years and without the hope of remitting the same. It is concerning that this study tends to adopt a hybrid research methodology in exploring the process of localizing the Voluntary Assets and Income Declaration Scheme (VAIDS) policy. In order to curb tax evasion and avoidance and generate more revenue in Edo State. The study, therefore, found that there is a high level of tax evasion and avoidance and that localizing the VAIDS policy will help curtail incidences of tax evasion and avoidance. It was, therefore, recommended and concluded that localizing the voluntary asset and income declaration scheme in Edo State will be an appropriate tax tool for curbing tax evasion and avoidance and improving internally generated revenue

The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria

Plea bargain has been globally accepted as a useful criminal prosecutorial tool in accelerating the prosecution of minor criminal cases. However, it has been observed that the introduction of a plea bargain into the Nigerian criminal justice system tends to aid the ruling class in looting from the public treasury and escaping justice. Given these legal anomalies, the study used online survey questionnaires sent to four hundred and five respondents (randomly selected) residing in Nigeria in ascertaining the Nigerian citizens view on the legal effect of using a plea bargain in resolving high profile financial crime cases. Descriptive and analytical statistics were used to analyse the respondents’ responses. The study, therefore, found that though plea bargain is a useful criminal prosecutorial tool in resolving minor criminal cases, it is unsuitable in resolving high profile criminal financial cases as it tends to involve a hide and seek game which makes a mockery of the Nigeria Legal System. It is, therefore, concluded and recommended that the concept of a plea bargain in Nigeria legal system should not be used in resolving high-profile criminal financial cases, as it tends to give leverage to those looting public funds

Analysing the land use act, the grazing reserves act and the proposed Fulani cattle colonies (RUGA settlement) and NLTP

Agriculture is a major source of Nigerians livelihood, and it consists of mainly agricultural crops or plants and livestock. The farmers and herdsmen are the major stakeholders in Nigeria Agriculture. In 2011 it was said by Central Bank that Nigeria Agriculture had thepotential to grow tremendously in 2030. Despite the above, it had been observed that there had been a series of violent clashes and conflicts between the farmers and Fulani herdsmen. The reason for the conflict is as a result of accusation and counter-accusation thatthere had been land encroachment and destruction of agricultural crops by herdsmen cattle. The Fulani herdsmen also complain ofcattle theft by people residing in the host community. However, in order to curb the clashes between the farmers and Fulani herdsmen,the Federal Government of Nigeria sort to introduce Rural Grazing Area (RUGA Settlement) and National Livestock TransformationPlan (NLTP), which was widely criticized and condemned. In view of the above, this research adopted the qualitative methodology, using a doctrinal method of research. It was, therefore, concluded that there is a need to ensure that the farmers and herdsmen live inpeace, unity, and harmony in making use of the available resources for agricultural purposes. It was therefore recommended that theLand Use Act and the Grazing Reserved Act that provided adequately for grazing reserved for livestock should be duly and completely implemented. Keywords: Land Use Act, Grazing Reserved, Land, Grazing, Cattle Colonies, Settlemen

Illegality Of Income Tax Evasion In Edo State: Adopting An Automated Income Tax System As A Panacea

In Nigeria, the governments are mandated to collect income tax from companies and individuals respectively. However, in Edo State, it has been observed that taxpayers often tend to evade their tax liability. Although, there are several provisions of the Personal Income Tax Act and judicial pronouncement prohibiting income tax evasion, however, income tax evasion in Edo State seem to be on the increase. It is in this regard, that this study tends to embark on a hybrid method of study concerning the causes of the current increase of income tax evasion in Edo State and proposing an automated income tax as a panacea. In this regard, 304 questionnaires were distributed to respondents resident in Edo State. Descriptive and analytical methods were adopted in analyzing the data obtained. The study, therefore, found that there are several causes of income tax evasion which include; inefficient and ineffective tax administration systems, corruption and inadequate information on the assets and income of the taxpayer. Furthermore, the study also found that the adoption of an automated income tax system could serve as a major solution to rectify the above identified challenges given its relevance and prospect, although, there are some challenges concerning an automated income tax system. It is, therefore, concluded and recommended that for there to be a level playing ground in further curtailing the incidence of income tax evasion in Edo State, there is a need to intensify the automated income tax system in curing some of the defects inherent in the system

A facile review concerning the Protection of an Invention in Nigeria: Issues and Challenges

Technological and any form of invention is a prerequisite for National development. This is concerning the fact that the reason why countries like the USA, China, Russia, and a host of other countries are regarded as developed nations is a result of their scientist and technician inventions. However, Nigeria like several African countries is regarded as a developing country given its slow pace of invention. However, despite the slow pace of invention, the legal process of also obtaining a protection or patent over an invention seems to also pose a challenge to scientists and technicians within the Nigerian terrain. It is concerning that embarks on a hybrid method of research in examining the issues and challenges as they relate to the protection of an invention in Nigeria. In this regard, 253 questionnaires were distributed to the respondent resident in the various geo-political zone in Nigeria. A descriptive and analytical method was employed in analyzing the data, and the study found that there are but few scientists and technicians involved in the technological invention. But there are challenges concerning obtaining a patent or protection of an invention in Nigeria and this in essence often discourage scientist and technician to intensify their effort toward technological invention. It was therefore concluded and recommended that for an effective and improved technological invention in Nigeria, there is a need for the Nigerian government to create an enabling environment and review the current legal framework concerning the obtaining of a patent over an invention.

Standardisation of the Legislation as a Follow-Up to the Constitutional Court’s Decision on Judicial Review of Omnibus Law: Standardisasi Regulasi Tindak Lanjut Putusan Mahkamah Konstitusi pada Perkara Pengujian Undang-Undang Omnibus

The re-examination of the Job Creation Law in 2023 highlights a serious issue in the national legislative system, specifically the follow-up to the Constitutional Court’s (MK) decisions in judicial review cases (PUU) concerning the Omnibus Law. The urgency of this research stems from the high demand among lawmakers for drafting laws in the omnibus format and the potential for judicial review of such laws. This research contributes to addressing the follow-up to the Constitutional Court’s decisions by focusing on the choice of legislative forms as a response to these rulings. The research employs normative legal methods with conceptual, legislative, and case-based approaches. The findings emphasize the need to standardise the type of regulation to ensure the executability of the Constitutional Court’s decisions. The ideal regulatory form for implementing the Court’s rulings on the Omnibus Law is a law. Therefore, it is necessary to legitimise the use of laws as the standard form of follow-up to the Constitutional Court’s decisions on the Omnibus Law to maximise the executability of these rulings.Pengujian kembali Undang-Undang Cipta Kerja tahun 2023 menandakan sedang adanya permasalahan serius dalam sistem legislasi nasional, utamanya terkait penentuan tindak lanjut atas Putusan Mahkamah Konstitusi pada perkara Pengujian Undang-Undang Omnibus. Rumusan masalah dalam penelitian ini ialah: Pertama, mengapa perlu adanya standarisasi bentuk produk hukum sebagai tindak lanjut Putusan Mahkamah Konstitusi?; Kedua, Bagaimana bentuk produk hukum ideal sebagai tindak lanjut Putusan Mahkamah Konstitusi atas pengujian undang-undang omnibus?. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan konsep, perundang-undangan, dan kasus. Pembahasan dalam penelitian ini ialah bahwa standarisasi bentuk produk hukum dimaksudkan untuk menjamin eksekutabilitas Putusan Mahkamah Konstitusi. Sedangkan bentuk produk hukum ideal sebagai tindak lanjut Putusan Mahkamah Konstitusi ialah undang-undang dengan model fast track legislation. Kesimpulan dalam penelitian ini ialah perlunya legitimasi atas gagasan undang-undang sebagai bentuk tindak lanjut atas Putusan Mahkamah Konstitusi pada perkara pengujian undang-undang omnibu

The causes of the Rising incidence of domestic violence in Nigeria: Proposing Judicial Separation as a Panacea

The increase in domestic violence in Nigeria has become overwhelming. However, the death of Osinachi Nwachukwu (a popular gospel artist singer), which has been linked to domestic violence, prompted the discussion of domestic violence to be more pronounced. Although several laws and institutional bodies are set up to curtail the incidence of domestic violence, there seems to be an increase in the monster in Nigeria. In this regard, this study adopts a hybrid method of research to ascertain the causes of the current increase in domestic violence in Nigeria and proposes judicial separation as a panacea. In this regard, various literature and laws were analysed concerning the suitability of judicial separation as a panacea in curtailing domestic violence. Furthermore 350 questionnaire was distributed to respondents to ascertain the causes of the current increase in domestic violence and possible solution. The study, therefore, found that alcohol abuse, psychological disorder, economic hardship, and traditional belief are some of the causes of the current increase in domestic violence in Nigeria. The study also found that judicial separation could be a viable legal tool to curtail domestic violence, given that it preserves the status quo of the marriage. Therefore, the study concludes and recommends that victims of domestic violence should open up and embrace the concept of judicial separation.