The Future of the Defence of Provocation in Nigerian Criminal Law

Provocation as a defence is subjected to a considerable degree of criticism especially in the countries where the abolition of capital punishment has taken place and in those of common Law jurisdiction. In these countries there has been an argument on the future of provocation as a line of a partial defence. This is because there are some problems associated with the reasonable relation rule and the question of objectivity in the defence of provocation. In Nigeria, the defence of provocation is a partial defence and the law on provocation needs urgent attention. The doctrine of provocation, however, raises a number of problems for the law students, judges and the practicing lawyers. In the first place, there is the important question as to whether the provocation, in its application to homicide, is defined by the codes themselves or by reference to common law, however, the common law has continued to be a guide in the interpretation of the codes’ provisions. To this extent the law of provocation in Nigeria is supplemented by common law principles. For example, the proportionality rule, though not found in Nigerian codes, is frequently incorporated by the courts in their decisions. Provocation is, therefore, only a mitigating factor so that men will exercise some rational judgment in dealing with each other. The plea of provocation is founded on loss of self-control both actual and reasonable. There is a combination of subjective and objective elements in the plea. Apart from the fact that the accused has received grave and sudden provocation, he must also have been provoked. The objective element in provocation emanates from the reasonable man test and includes the proportionality rule. The second problem in the plea of provocation is the applicability of the objective test in Nigeria and elsewhere. Since the Nigerian legal system is influenced by the Islamic law, reference also will be made to the Maliki School of jurisprudence in the non-recognition of the plea of provocation by its doctrines. Provocation as a defence has given rise to many conceptual difficulties and no easy solution presents itself. It is therefore aimed that this article will examine some aspects of the plea of provocation in an attempt to put it in more rational basis reflecting the basic realities in the Nigerian society of today

The Statutory Role of the Nigerian Law Reform Commission in the Administration of Justice in Nigeria

Law reforms within the legal system or in the administration of justice system is to improve the laws by making changes or corrections so that the laws will be in harmony with the constant demands of the time being and desired democratic norms. These goals can always be achieved by the way of systematic law reforms based on informed political, economic and social needs which reflects the moral values and aspirations of the people living in a global village. When the old law is reformed and then enacted into new one, it has become a social reality. This new law can be said to emanate from the people. Some said that new law reflects the spirit of the people (i.e. volkgeist). For smooth delivery of justice in the administration of justice system in Nigeria, the Nigerian Law Reform Commission has a great role to play and undertake the progressive development and reform of substantive and procedural law applicable in Nigeria by way of codification, elimination of anomalous or obsolete laws and general simplification of the law in accordance with general directions issued to it by the government from time to time or on its own initiatives to submit proposals for law reforms to the Attorney General and Minister of Justice for the onward submission to the National Assembly (i.e. Parliament) as executive bills for legislation. The Nigerian Law Reform Commission is poorly funded and under utilized to give its professional input in bills making by the Local Government Councils, state houses of Assembly and the National Assembly (i.e. Parliament).The number of the serving commissioners in the Nigerian Law Reform Commission is limited to four. As a commission of jurists this number should be increased by reforming the Nigerian Law Reform Commission Act 1979 to reflect a reasonable number of jurists to cover different branches of law, Sharia and other social sciences

Reflections on the Introduction of Plea-Bargain and Community Service by the Administration of Criminal Justice Law 2007 in Lagos State and the Administration of Criminal Justice Act, 2015 in Nigeria

Nigeria is part of the global village and has to reform its criminal justice system to cope with the demands of democratic society nationally and internationally. New strategies must be developed to make our criminal justice system human rights friendly and more effective for crime control and easy dispensation of cases without delay. Nigeria needs a justice system that works in the interest of justice. It should have Criminal Justice System that gives the accused, the victim of crime and witnesses equal treatment and protection. The concept of plea-bargain is internationally used to assist in saving time and energy of the agencies of the criminal justice system. New methods of disposal like compensation to the victim of crime and compulsory community service for the offenders are introduced to replace old methods and reduce the over use of imprisonment by our courts. The Nigeria administration of justice system inherited from decades of military rule poses serious challenges for the democratic governance of Nigeria. The transformations of the Laws become necessary to reflect the new constitution and the demands of a democratic society. In this article we will examine and reflect on the plea-bargain and community service introduced for the first time in Nigeria by the Administration of Justice Law 2007 in Lagos State and in Nigeria by the coming in effect of the Administration of Criminal Justice Act 2015. This article aims at enlightening lawyers and members of the public of the benefits of the introduction of plea-bargain and community service in the Nigerian Criminal Justice System

Public relations perspectives on electoral reforms as a panacea for consolidating Nigeria’s democracy

Abstract. Electoral reforms have been considered as sustainable means of improving on the quality of elections in Nigeria, this is especially as it avails the country, tremendous opportunities in admitting new policies such as new techniques, technologies and improved systems of protecting the welfare of electorates. It is evident from the literature that, public relations overtime has been a unifying factor in accelerating Nigeria’s democracy and sustaining its need for periodic elections and encouraging the conduct of free, fair and transparent elections by the Independent National Electoral Commission (INEC).  Based on the level of malpractices and issues associated with the conduct of elections in Nigeria, it was concluded in this paper that, there are several benefits attached to the process of electoral reforms in Nigeria, hence, it gives government the opportunity to revamp its electoral policies through campaigns, introduction of new technologies, voting and more importantly, the nature of conducting elections bearing in mind that, poorly adopted electoral policies normally lead to the outbreak of crisis from aggrieved parties.  It is recommended amongst others that, government at all levels should consider periodic electoral reforms as a strategy for development and as such; they should ensure that only people with credibility are charged with the mandate of presiding over electoral reform committees (ERC).Keywords. Electoral reforms, Public relations, Democracy and elections.JEL. D72, D73, D78

The socio-economic and business relationships between Turkish and Nigeria

Abstract. Nigeria is a country colonized by Britain in 19th century and got its independence in 1960 with the condition of remaining as one of the Commonwealth of Nations. Nigeria is a West African Nation with apopulation of 200 million people. Is a country endowed with many natural resources and at the same time the highest petrol exporter among African countries. Nigeria has also huge amount of Natural Gas. The country has 910.802 km2 of land mass. %49.9 of Nigerians live in urban centres while %51.1 live in village areas. As a result of the fall of petrol prices in 2014 Nigeria’s economy has decreased by -%6.3 and later appreciated a litle bit by %2.7. In 2016 the economy has decreased by -%2.2. The inflation rate in 2015 was %9 while it doubled to %18.8 in 2016. The major challenges of Nigeria’s economic growth are the lack of enough investors, energy bottleneck, bad leadership and inadequate Access to fund for private sector. Another problem faced by the economy of Nigeria is bribery and corruption. Additionally, the Boko Haram crises make foreign investors to run away from the country. The attacks on oil companies, wells and installation in the oil-rich Niger Delta region together with the abduction of foreign nationals have negatively affected Nigeria’s economy. As a result of these poverty and joblessness become the order of the day. Nigeria being rich in petrol and natural gas resources can be said to become Turkey’s strategic business partner. Turkey Nigeria relationship dated back to 1960s. Since this period to date, Turkey and Nigeria cooperated in the areas of economic development, education and defence. There are almost 3 thousand Nigerian studentsstudying in different Universities across Turkey. In 2015 25 thousand Nigerian tourists visited Turkey. In the last years due to the ability of 19 Turkish Universities to be among the best Universities in the world, Turkey has experinced great flood of foreign students. Due to this the review of the economic resources of the two countries will benefit both. In this work Turkey-Nigeria economic relationships would be examined and analysed. Keywords. Education, Health, Trade and socio-economic relationship, Nigeria, Turkey.JEL. F10, F13, F18

The Impact Of Environmental Degradation On Human Health And Its Relevance To The Right To Health Under International Law

When natural habitats are destroyed or natural resources are depleted the environment is degraded. Environmental degradation results from factors such as urbanisation, population growth, intensification of agriculture, rising energy use and transportation, climate change, pollutions arising from many sources such as technological activities. It is explored that as a result of the dynamic interplay of socio-economic factors and technological activities amongst many other factors, these have devastating consequences on human health. Thus environmental degradation consequences affect the health and the right to health of the people. Using the doctrinal method of research, we examine the confluence of environmental degradation and health from a rights perspective. An unhealthy environment possess health hazards consequently a violation of the right to health. The article recommends that states’ obligation under international law to protect the right to health should be enforceable. Human beings are entitled to right to health even as the environment needs to be protected from activities which cause environmental degradation

The Rights of Prisoners in Nigeria and the Role of Prisons and Modern Penology

Prison system in Nigeria and elsewhere not only disables its inmates from their criminal pursuit but equally serves as an institution for their reform and rehabilitation into the society after their release. The system of imprisonment represents a curious combination of different objectives of punishment. The attitude of society towards prisoners may vary according to the objects of imprisonment and social reaction to the crime. Whereas rigorous imprisonment and imposition of severe restriction on the prisoner signifies retribution or deterrence, a lesser restriction and control over him in the form of simple imprisonment means that he is considered to be only a deviant. The modern progressive view, however regards crime as a social disease and favours treatment of offenders through non-penal methods such as probation, parole, open jail etc. Whatever be the reaction of society to the crime, the lodging of criminals in prisons gives rise to several problems of correction, rehabilitation and reformation. It may equally constitute serious violation of prisoners’ rights as they are also human-not devoid of their rights

The Challenges of the Fight Against Insurgency in Northeastern Nigeria

The Boko Haram insurgency in Northeastern Nigeria has been one of the most devastating phenomena in the country claiming thousands of lives and properties worth billions of Naira in the process. All the governmental efforts put in place so far failed to curb the menace as the threat of insurgency continues in some parts of Northeastern Nigeria. This work examined the major challenges that are responsible for the continuation of insurgency despite divergent measures taken by the government to address the problem. The research used both primary and secondary sources of data. The primary source is the in-depth interview conducted with some selected informants who are related with security issues involving security personnel in the Northeast, policy-makers, analysts, some repented insurgents and media men. The secondary source is the use of the existing documents such as books, reports, news and internet sources. The data obtained was discussed and analysed using thematic analytical interpretations to arrive at findings. The research discovered that, the major reasons or challenges that made insurgency defiant of all solutions in Northeastern Nigeria consists of corruption, conspiracy, inappropriate approach, lack of proper intelligence, hostility from the host communities, nature of Nigerian borders, politicisation of security issues, religious dogmatism and lack of cooperation among the security personnel. Therefore, for an effective approach towards addressing the problem of insurgency in Northeastern Nigeria, the paper recommends that a multi-dimensional approach is required such as religious censorship, intelligence, cooperation, prudence and good governance. Â

Chemical Compositions, FTIR and Larvicidal Activity of Essential Oils Extracted from Aromatic Plants

Essential oils are substances obtained from plant materials and are complex mixtures whose composition varies. In this study, the chemical composition, and larvicidal activity of extracted essential oils from some aromatic plants were evaluated. Modified steam distillation apparatus was used to extract essential oils from the Citrus limon linn leaf, Vitex trifolia seed and Cananga odorata. Furthermore, the plant materials were tested using FTIR, GC-MS, and larvicidal activity test. Citrus limon linn produced more amount of essential oil (1.4ml), Vitex trifola (0.7ml) and Cananga odorata (0.5ml) after 3hours ofsteam distillation. The result obtained from the infrared spectra indicates the functional groups of the compounds present in Citrus limon linn, Vitex trifolia and Cananga odorata. GC-MS analysis identified, 13, 12 and 24 chemical constituents present in Citrus limon linn , Vitex trifolia and Cananga odorata essential oil respectively. The three main essential oil and their percentage compositions are D-Limonene (22.82%), Citral (25.20 %), and Cis-Verbenol (20.43%) for Citrus limon linn. Leaf essential oil, Sabinene (39.14%), Caryophyllene (26.45%) and 1 R- α Pinene (15.20%) for Vitex trifolia seed essential oil, and Linalool (35.30%), Ascabiol (23.54%), Caryophyllene (20.30%), Copaene (12.76%) and Germacrene D (11.32%). However, the results from the larvicidal activity reveals that essential oil extracted from Citrus limon linn, Vitex trifolia and Cananaga odorata may serve as insecticide and can be used as potent insecticide for the control of mosquitoes