The judiciary and political change in Africa : developing transitional jurisprudence in Nigeria

At a time of increased evaluations of law, human rights, and the rise of judicial power all over the globe, the work of most African judiciaries and the principles of the jurisprudence they espouse in promoting social justice remain an unlikely focus of comparative legal scholarship. This ought not to be so in view of the considerable activities of the courts on the continent in the dawn of the third wave of democratization. This article explores the work of the Nigerian Supreme Court in the political transition to democracy since 1999. Utilizing insights from the work of Ruti Teitel, it attempts to outline some of the major constitutional and extraconstitutional principles adopted by the Court in mediating intergovernmental contestations in the turbulent transition away from almost three decades of authoritarian military rule. It emerges that the task of fostering social transformation through the “weakest” branch seriously tasks the institutional integrity of the judiciary

Calling the judiciary to account for the past : transitional justice and judicial accountability in Nigeria

Institutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria’s transition to democracy after decades of authoritarian military rule

High Value’ Migration and Complicity for Underdevelopment and Corruption in the Global South::Receiving from the Attic

Through a focus on the UK's 'High Value Migrants' programme, this article directs attention to how commercial migration laws and policies of developed countries could negatively affect the global South. Drawing mainly on insights from criminology and development studies, it investigates how the commercial migration laws and policies, specifically the aspects that deal with encouraging or attracting 'high-value' foreign entrepreneurs and investors, make the state potentially complicit in corruption and underdevelopment in the global South. There is an important need to address the implicated migration laws and policies as a critical and integral part of international efforts to combat corruption and promote peace and development in the global South. Reform of such laws and policies is in the long-term interest of all stakeholders

Transitional justice, judicial accountability and the rule of law- a Nigerian case study

This study investigates accountability of the judiciary for its role in authoritarianism as an integral part of accountability in transitions. It argues this is an important but relatively neglected aspect of transitional justice theory and state practice. The thesis of the research is that the judicial institution, as the third branch of government ought to be held accountable for its role in past governance in transitional societies. This is particularly important to obtain comprehensive accountability. It is also relevant to the crucial task of institutional transformation which is a key objective of transitional justice. The paucity of critical perspectives on the role of the judiciary during a society’s troubled period would appear to be because of the view that it lacks a distinct role in governance. This suggests that the judicial function was inconsequential or judicial outcomes were invariably imposed. In view of the acknowledged important role of the judiciary in both liberal and democratising polities all over the world, it is argued that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. There is the need to publicly scrutinise the course of judicial governance in post-authoritarian societies as a cardinal measure of institutional transformation. Following on the recognition that the judiciary in post-authoritarian contexts will be faced with enormous challenges of dispute resolution, restoration of the rule of law, as well as a key role in policy determination and governance, its institutional transformation following a period of siege is critical to the survival of democracy and the rule of law. The mechanism of choice identified in this research for scrutiny of the judicial function in transitional societies is the truth commission. The research proposes extending the purview of truth-telling processes as a measure of public accountability to the judiciary in post-authoritarian contexts. The research adopts a comparative perspective but to contextualise the argument, it focuses specifically on judicial governance and accountability for the past in Nigeria’s transition to democracy after three decades of authoritarian rule

African Transitional Justice Research Project: Case Study on Transitional Justice in Nigeria

Nigeria, a multi-religious and ethnically diverse country with over 350 ethnicities,1 typifies the legacy of British colonialism in sub-Saharan Africa. Given this diversity, it is not unusual that conflict has belied the country’s transition to democracy, and transitional justice has attempted to be a mechanism through which this is achieved – even with challenges to its broader enforcement. This report draws on documents and interviews to analyse the implementation of transitional justice measures in Nigeria. It examines the current state of affairs regarding justice for the past and reform of institutions in the country

The Use of Branding and Market Segmentation in Hotel Marketing: A Conceptual Review

This paper aims to analyse the use of branding and market segmentation from a hotel marketing perspective. The use of branding has enabled market segmentation and delivered financial and organisational growth for hotel operators. This application of marketing has increased value for the organisation and the customer by delivering a level of service that is customised to the consumer expectations and needs. Branding brings the advantage of a standard of service and leads to customer loyalty and greater customer choice. The paper supports the argument that brand creation makes the management of hotels more complex and can lead to inefficiency which the hotel management must decide if branding is a useful tactic or not. We argue that not all organisations have the resources to implement market segmentation and smaller operators find it increasingly difficult to compete against larger competitors. The modern hotel industry is increasingly competitive and market segmentation is expected to continue. Modern communications and ICT developments have eroded the value of brands and the competitive advantage they bring over smaller independent hotels. Consumer power is a growing trend that hotels must deal with and redefines their supply chain model. Brand owners are required to remember that the product and guest satisfaction should be the ultimate goal for an organisation as it increases brand value and encourages customer loyalty. Marketing and branding are cannot be discussed in isolation within an organisation and the brand principles should be carried out throughout the entire customer experience for commercial success

Colonialism and Dilemmas of Transitional Justice in Nigeria

Adoption of the colonial template of governance by successive postcolonial governments in Nigeria has limited the ambit of transitional justice, rendering it incapable of addressing the root causes of systematic abuses and conflict in the country. Pathologies of colonial injustice and violence were transmitted into governance in the postcolony and this structural continuity has locked down the prospect of justice and reforms as an integral part of the governance complex. Critical analysis of the Nigerian experience calls attention to the need for transitional justice theory and praxis to engage with the colonial legacy in nonsettler, postcolonial societies. Understanding and engaging with the colonial legacy is critical to the prospects of successful transitional justice in postcolonial polities

Nigeria: The Colonial Legacy and Transitional Justice

This report provides an overview of the legacies of colonisation and demonstrates its impact on transitional justice in Nigeria. It argues that the current injustices in Nigeria are strongly connected to the country’s colonial history. Colonial policies, laws and structures have continued in use, either directly or indirectly and to various extents, long after independence. These ‘legacies’ play a fundamental role in the limited success of transitional justice movements in Nigeria

The UN Committee of 24’s dogmatic philosophy of recognition: toward a Sui Generis approach to decolonization.

The time is ripe for the United Nations Special Committee on Decolonization (‘the Committee of 24’) to accept sui generis categories that enable it to achieve its aim of ‘finishing the job’ of decolonization. This would mean a departure from the Committee of 24’s rigid adherence to the three forms of decolonization currently recognised by it - independence, integration and free association. This article adopts Gilles Deleuze’s critiques of the ‘dogmatic philosophy of recognition’ and how this can be overcome through his articulation of ‘the Encounter’ to interrogate the philosophical basis of the Committee of 24’s inability to recognise sui generis forms of decolonization. It is through the Encounter that the rigid adherence to the categories is challenged such that sui generis categories are created in furtherance of the Committee’s stated aim. In applying this theoretical analysis, the article uses Gibraltar as a nascent example of what a sui generis category of decolonization could look like.N/

Transitional Justice in the Middle East and North Africa – Taking Account of Islam

The core of the argument of this article is that the integration of Islamic notions of justice into transitional justice mechanisms in the MENA makes for a more viable and sustainable transitional justice process in the region. This would mean a critical cultural value in the MENA is given a place in dealing with the past and mapping out a sustainable future in the region. The argument here is premised on the logic that a social transformation-focused enterprise like transitional justice ought to engage with Islam for sustainable outcomes in societies in the MENA where Islam is very influential. Given the significant role and influence of Islam on cultural, socio-political and legal institutions in the MENA, a process of transitional justice that takes account of Islamic values and practices is important for negotiating justice and institutionalising reforms in societies in the region