Re- appraising the right of foreign nationals under the Nigerian Land Use Act

This paper examines the right of foreigners to own land under the Nigerian Land Use Act with a view to determining the state of the law on this subject matter. The Land Use Act did not make any express provision prohibiting foreigners from accessing land in Nigeria for industrial, commercial or residential purposes. However, the Act conferred the power to make regulation in this regard on the National Council of States. Unfortunately, the National Council of States has not yet exercised this power thereby leaving a lacuna on the position of the law in this regard. The Nigerian Supreme Court has laid down a precedent to the effect that foreigners cannot own land in Nigeria. The paper found that a closer examination of the state of statutory authorities would reveal that there is no blanket prohibition on the right of foreign nationals to own land in Nigeria The paper further found that the Land Tenure Law of Northern Nigeria merely made the right of access to land by “non-natives” subject to the approval of the Minister. The term “non-natives” as used under the Land Tenure Law of Northern Nigeria extended to people whose parents are not members of any tribe indigenous to Northern Nigeria. The acquisition of Land by Aliens Law of Lagos State and other States actually came close to a blanket prohibition. The paper also discovered that the provisions of the Land Use Act as it affects the right of foreigners to own land in Nigeria is imprecise. The paper attempted to resolve the inherent conflict between the aforementioned sub national laws and the Land Use Act which is an Act of the National Assembly entrenched in the Constitution. Recommendations were also made on how the law on this subject matter can be improved Key Words: “Land”, “Ownership”, “Foreign Nationals”, “Constitution”, “Non-Natives”, “Aliens

Re-examining the legality of regional security outfits in Nigeria

Rising insecurity has become a challenge to the government and people of Nigeria. The magnitude of this problem has exceeded the coping capacity of the conventional security outfit in Nigeria. Although Nigeria is a federal state, the central government has always found the idea of a decentralized policing and security activities scary. This is not unconnected with the post-civil war mentality of ensuring the absence of coercive instrument of State do not get into the hands of people with centrifugal tendencies. However, insurgency and other forms of criminality has rendered these fears unwise at this time. The paper examines the constitutional and legal provisions for security of lives and property in Nigeria. The paper found that contrary to the widely held belief that policing and security is the exclusive preserve of the Federal Government, there are provisions within the Constitution and other laws that could enable regional security outfits to operate lawfully in Nigeria. Their effective operation however requires a measure of cooperation with the central government in view of the fact that arms and ammunition which constitutes the major weapon used in security operations is within the exclusive legislative list. The paper also found that the fact this cooperation is required does not make the establishment of security outfit by the States unlawful. In view of the enabling laws, the devolution of powers for the establishment of regional security outfit is inherent within the constitution. Key Words: “Security”, “Law”, “National Development”, “Constitution

Exploring the politics and law of extradition in international relations

The paper examines the place of extradition in international relations as a component of the international criminal justice system. It adopts the doctrinal approach by comparing and analyzing statutory provisions and treaties as they relate to the law and politics of extradition. The paper found that despite the existence of treaties, extradition practices in international relations are fraught with politics of national interest as against a sincere desire to facilitate the wheel of the international criminal justice system, which main objective is the ensuring of adequate and deserving punishment for offenders of any country of origin/residence, no matter which country they may have fled to. It was also found that most third world countries hardly get their extradition requests to advanced countries granted as a result of (i) their perceived weak criminal justice institutions which the advanced countries often believe cannot guarantee justice for fugitive offenders; and (ii) the superiority complex of the advanced countries. Consequently, the third world countries often resort to extra-ordinary rendition out of frustration which in itself constitute an act of international terrorism. The advanced western countries on the other hand have always been reluctant to surrender fugitive criminals for trial or punishment in third world countries