Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.08-j
Mwuese Modupe Mnyim, Vincent Iorja Gisaor
Several reports reveal escalating levels of violence against women in Nigeria and around the world. This paper thus investigated domestic violence in Nigeria from the perspective of economic costs and legal instruments enacted to control the menace. The result confirms that domestic violence has severe economic cost in Nigeria ranging from cost of justice, health care services, social services, education, business and employment cost, to household and personal cost running into billions of naira. Various international and local legal instruments applicable in Nigeria have also been examined. However, the numerous gaps, inconsistent provisions and poor implementation of laws have denied women in Nigeria the protection the law can guarantee. The paper thus recommends the harmonization of all legislation related to domestic violence. All legislation be also amended to bring them in line with the human rights and gender equality requirements. Finally, Religious and traditional institutions should be co-opted to sensitize the people within their domain on the ills of violence particularly of this genre.
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Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.06-j
Mary Jennifer Omachi, A. Sule
Since the laws regulating crime touch upon the important areas of social life, legal systems have continued to imbibe best practises to regulate crimes within their jurisdictions in order to encourage development and ensure progress. Thus, a good criminal justice system ensures that effective laws are put in place to fit growing societal demands which are never static. Nigeria, in regulating criminal proceedings, had relied on obsolete laws existing since the colonial and post-colonial eras to 2015 when the Administration of Criminal Justice Act was enacted to fit the growing demands of the Nigerian society. This research uses the doctrinal method to appraise certain innovations of the Act and show how they can reform the criminal justice system in the country to align with best practices around the world. Even though the enactment of the Act is a welcome development, its application is limited only to federal courts (except a court martial) and courts within the Federal Capital Territory, Abuja. Whereas the laudable innovative provisions are highly commendable they can only be effectively applied if they are well implemented. Hence the need for government to effectively fund the criminal justice sector with appropriate manpower, resources and structures and the need for all the states within the country to enact their own Administration of Criminal Justice Laws to apply uniformly in the country.
{"title":"The Administration of Criminal Justice Act, 2015: Pathway to a Reformed Criminal Justice System in Nigeria","authors":"Mary Jennifer Omachi, A. Sule","doi":"10.53982/alj.2019.0701.06-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.06-j","url":null,"abstract":"Since the laws regulating crime touch upon the important areas of social life, legal systems have continued to imbibe best practises to regulate crimes within their jurisdictions in order to encourage development and ensure progress. Thus, a good criminal justice system ensures that effective laws are put in place to fit growing societal demands which are never static. Nigeria, in regulating criminal proceedings, had relied on obsolete laws existing since the colonial and post-colonial eras to 2015 when the Administration of Criminal Justice Act was enacted to fit the growing demands of the Nigerian society. This research uses the doctrinal method to appraise certain innovations of the Act and show how they can reform the criminal justice system in the country to align with best practices around the world. Even though the enactment of the Act is a welcome development, its application is limited only to federal courts (except a court martial) and courts within the Federal Capital Territory, Abuja. Whereas the laudable innovative provisions are highly commendable they can only be effectively applied if they are well implemented. Hence the need for government to effectively fund the criminal justice sector with appropriate manpower, resources and structures and the need for all the states within the country to enact their own Administration of Criminal Justice Laws to apply uniformly in the country.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123615003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.02-j
Hilary Okoeguale
The Federal system being practiced in Nigeria has been widely criticized and referred to as asymmetrical in favour of the Federal Government. In the Context of the criminal justice system (CJS), twoprincipalagencies are in the Exclusive Legislative list, that is to say, the Nigeria Police Force and the Nigerian Correctional Service. This situation leaves the States short of the requisite resources for effective criminal justice administration. This paper examines the federal structure as designed by the extant Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) with a view to bringing to the fore, the extent to which State Governments in Nigeria can maintain a coherent and smooth criminal justice administration. The paper also interrogates the capacity of State Governmentsto fight crime given the resources at their disposal. In doing so, it examines the tenets of a federal system of government and the extent of compliance in Nigeria. Consequently, it was found that theCFRN, robs State Governments in Nigeria of the requisite authority to maintain an independent, autonomousand effective criminal justice system. In other words, State Governments in Nigeria could make laws which a federal Police Force may refuseto carry out. This has negative implications for the state administration of justice, especially in the face of the upsurge in crime rate in Nigeria. Thepaper concludes that a State would be inherently weak if it were incapacitated or unable to enforce its own laws and as such recommends that the CFRN be reviewed in order to allow for a State Police Force and State Correctional Service.
{"title":"Federalism: Prerequisite for Effective Criminal Justice Administration in the States","authors":"Hilary Okoeguale","doi":"10.53982/alj.2019.0701.02-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.02-j","url":null,"abstract":"The Federal system being practiced in Nigeria has been widely criticized and referred to as asymmetrical in favour of the Federal Government. In the Context of the criminal justice system (CJS), twoprincipalagencies are in the Exclusive Legislative list, that is to say, the Nigeria Police Force and the Nigerian Correctional Service. This situation leaves the States short of the requisite resources for effective criminal justice administration. This paper examines the federal structure as designed by the extant Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) with a view to bringing to the fore, the extent to which State Governments in Nigeria can maintain a coherent and smooth criminal justice administration. The paper also interrogates the capacity of State Governmentsto fight crime given the resources at their disposal. In doing so, it examines the tenets of a federal system of government and the extent of compliance in Nigeria. Consequently, it was found that theCFRN, robs State Governments in Nigeria of the requisite authority to maintain an independent, autonomousand effective criminal justice system. In other words, State Governments in Nigeria could make laws which a federal Police Force may refuseto carry out. This has negative implications for the state administration of justice, especially in the face of the upsurge in crime rate in Nigeria. Thepaper concludes that a State would be inherently weak if it were incapacitated or unable to enforce its own laws and as such recommends that the CFRN be reviewed in order to allow for a State Police Force and State Correctional Service.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"194 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116786120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.10-j
O. Omotuyi
Customary law is recognized as an integral part of the Nigerian legal system. Consequently, several enactments, such as the Marriage Act, Matrimonial Causes Act and Evidence Act, inter alia, identify the existence of customary law marriage in Nigeria. Even though the features of customary law marriage differ from one community to another, it is characterised by basic features whichshare peculiar similarities across various communities. Similarly, there are several practices and procedures peculiar to customary law marriage in Nigeria; these practices and procedures differ from one place to another. Even though customary law is described as a law which is generally accepted by a community as binding on them, it is noteworthy that such law is sometimes irrational, and may not always serve the best interest of society as a whole. Often times, it may be of interest to a particular group in the society at the expense of subordinating another group. This article explores some of the customary laws and practices of marriage in Nigeria. In so doing, it identifies those areas where the interests of one societal group are promoted at the expense or detriment of those of another group thereby, conflicting with major statutory provisions in Nigeria, as well as provisions of international Conventions to which Nigeria is a signatory.
{"title":"Customary Practices and the Conflict with Law: Case Study of Marriage under Selected Native Laws and Customs in Nigeria","authors":"O. Omotuyi","doi":"10.53982/alj.2019.0701.10-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.10-j","url":null,"abstract":"Customary law is recognized as an integral part of the Nigerian legal system. Consequently, several enactments, such as the Marriage Act, Matrimonial Causes Act and Evidence Act, inter alia, identify the existence of customary law marriage in Nigeria. Even though the features of customary law marriage differ from one community to another, it is characterised by basic features whichshare peculiar similarities across various communities. Similarly, there are several practices and procedures peculiar to customary law marriage in Nigeria; these practices and procedures differ from one place to another. Even though customary law is described as a law which is generally accepted by a community as binding on them, it is noteworthy that such law is sometimes irrational, and may not always serve the best interest of society as a whole. Often times, it may be of interest to a particular group in the society at the expense of subordinating another group. This article explores some of the customary laws and practices of marriage in Nigeria. In so doing, it identifies those areas where the interests of one societal group are promoted at the expense or detriment of those of another group thereby, conflicting with major statutory provisions in Nigeria, as well as provisions of international Conventions to which Nigeria is a signatory.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"141 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126071947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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