Nigeria’s Public Procurement Act 2007 was a response to the World Bank’s assessment of Nigeria’s Public Procurement system in 1999. The assessment revealed weaknesses in the system which called for urgent reforms. The Country`s Procurement Assessment Report (CPAR) showed that Nigeria’s public procurement system was without a legal framework, hence the setbacks. This paper investigates the impact of the Public Procurement Act 2007 on the functions of the governing councils of federal universities in Nigeria, applying the doctrinal research methodology. The study finds that there was another federal legislation: Universities (Miscellaneous Provision) Act No 11 of 1993 (as Amended) that established the federal universities’ governing councils and vested in them the authority to run these universities. The powers of the vice chancellors under the Public Procurement Act 2007 overlap with the functions of the governing councils under the extant 1993 Act. While the later Act made the Vice Chancellor the accounting officer with special responsibilities on issues relating to procurement, it was silent on the level of authority that the governing councils could exert on the universities. The paper also finds some merits and demerits of the Public Procurement Act 2007 in federal universities and concludes that there are still weaknesses in the enforcement and enforceability of the Act. It recommended chiefly, an amendment of the Public Procurement Act 2007 together with the Universities (Miscellaneous Provisions) Act 1993 to resolve the overlapping mandates.
{"title":"Impact of the Public Procurement Act 2007 on the Functions of Governing Councils of Federal Universities in Nigeria","authors":"S. Nwatu, I. Nwokike, S. Anya","doi":"10.56284/tnjr.v17i1.25","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.25","url":null,"abstract":"Nigeria’s Public Procurement Act 2007 was a response to the World Bank’s assessment of Nigeria’s Public Procurement system in 1999. The assessment revealed weaknesses in the system which called for urgent reforms. The Country`s Procurement Assessment Report (CPAR) showed that Nigeria’s public procurement system was without a legal framework, hence the setbacks. This paper investigates the impact of the Public Procurement Act 2007 on the functions of the governing councils of federal universities in Nigeria, applying the doctrinal research methodology. The study finds that there was another federal legislation: Universities (Miscellaneous Provision) Act No 11 of 1993 (as Amended) that established the federal universities’ governing councils and vested in them the authority to run these universities. The powers of the vice chancellors under the Public Procurement Act 2007 overlap with the functions of the governing councils under the extant 1993 Act. While the later Act made the Vice Chancellor the accounting officer with special responsibilities on issues relating to procurement, it was silent on the level of authority that the governing councils could exert on the universities. The paper also finds some merits and demerits of the Public Procurement Act 2007 in federal universities and concludes that there are still weaknesses in the enforcement and enforceability of the Act. It recommended chiefly, an amendment of the Public Procurement Act 2007 together with the Universities (Miscellaneous Provisions) Act 1993 to resolve the overlapping mandates.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127151332","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}
Given the universal recognition of the sanctity of human life and the robust protection of fundamental right to life as the most important and foundation of all rights, euthanasia poses considerable legal, moral and ethical challenges. These challenges become more dire and profound with respect to paediatric euthanasia. The article aims at providing insight into the complex legal and ethical challenges which euthanasia especially paediatric euthanasia engenders and explores the import of autonomy rights granted under the rubric of the Child Rights Convention in ameliorating the challenges. This is achieved by examining the meaning and nature of euthanasia, categories and arguments in favour and against euthanasia generally and in particular paediatric euthanasia and the competency of a child in taking end of life decisions. The articles analysis some of the provisions of the Belgian and Netherlands euthanasia laws. The paper believes that given the gravity associated with the decision to request euthanasia and the finality of such a decision, children, especially younger children, should be offered intensive palliative care and be precluded from requesting euthanasia.
{"title":"Contextualizing Paediatric Euthanasia within the Framework of Children’s Right","authors":"N. Njoku","doi":"10.56284/tnjr.v17i1.33","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.33","url":null,"abstract":"Given the universal recognition of the sanctity of human life and the robust protection of fundamental right to life as the most important and foundation of all rights, euthanasia poses considerable legal, moral and ethical challenges. These challenges become more dire and profound with respect to paediatric euthanasia. The article aims at providing insight into the complex legal and ethical challenges which euthanasia especially paediatric euthanasia engenders and explores the import of autonomy rights granted under the rubric of the Child Rights Convention in ameliorating the challenges. This is achieved by examining the meaning and nature of euthanasia, categories and arguments in favour and against euthanasia generally and in particular paediatric euthanasia and the competency of a child in taking end of life decisions. The articles analysis some of the provisions of the Belgian and Netherlands euthanasia laws. The paper believes that given the gravity associated with the decision to request euthanasia and the finality of such a decision, children, especially younger children, should be offered intensive palliative care and be precluded from requesting euthanasia.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129886088","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}
Scientific and empirical data in the last three decades confirm the climate change phenomenon on human and natural systems. One of such impacts is drought which cause natural resource scarcity, hence agro-conflict in Nigeria. This Paper aims to examine the effectiveness of the climate change regime in maintaining internal security in Nigeria. The method adopted is the doctrinal approach which is based on both primary and `secondary sources of data collection. The primary source includes statutes while the secondary sources include text books, journal articles, internet materials and lecture notes. Findings reveal that although climate change does not fit into the mode of traditional threats to national security, such as war, terrorism and insurgency, its non-violent and gradual manifestation tend to disguise its impact on the civic, political and socio-economic lives of the citizenry. Findings further reveal that climate change polices and sustainable internal security is central and complimentary of each other, as a result, the Nigerian State must work towards both. As adoption, awareness and implementation of climate polices could reduce insecurity to modest levels in the country. Findings also reveal that the Nigerian State appears to have effective climate change regime to deal with security issues, but the problem boils down to enforcement of the regimes. This, in so many ways, has affected the capacity of the security agencies to maintain law and order in the country. It is recommended that solutions cannot be attained through force alone but by strict implementation of the Climate Agreements.
{"title":"Impact of Climate Change Regime in Maintaining Internal Security in Nigeria","authors":"Kelechi Madu","doi":"10.56284/tnjr.v17i1.34","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.34","url":null,"abstract":"Scientific and empirical data in the last three decades confirm the climate change phenomenon on human and natural systems. One of such impacts is drought which cause natural resource scarcity, hence agro-conflict in Nigeria. This Paper aims to examine the effectiveness of the climate change regime in maintaining internal security in Nigeria. The method adopted is the doctrinal approach which is based on both primary and `secondary sources of data collection. The primary source includes statutes while the secondary sources include text books, journal articles, internet materials and lecture notes. Findings reveal that although climate change does not fit into the mode of traditional threats to national security, such as war, terrorism and insurgency, its non-violent and gradual manifestation tend to disguise its impact on the civic, political and socio-economic lives of the citizenry. Findings further reveal that climate change polices and sustainable internal security is central and complimentary of each other, as a result, the Nigerian State must work towards both. As adoption, awareness and implementation of climate polices could reduce insecurity to modest levels in the country. Findings also reveal that the Nigerian State appears to have effective climate change regime to deal with security issues, but the problem boils down to enforcement of the regimes. This, in so many ways, has affected the capacity of the security agencies to maintain law and order in the country. It is recommended that solutions cannot be attained through force alone but by strict implementation of the Climate Agreements.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114464739","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}
Nigeria is a country that is richly blessed with abundance of natural resources, good vegetation and fertile soil for cultivation. The country also has diverse ethnic groups, culture and customs. This way of life of the people can be perceived in the activities, traditions and customs that have been handed down to them by their forefathers. Overtime, communities expanded and there was influx of people to the different communities in the country. These people become exposed to this way of life and they benefit from it individually and collectively. This information or knowledge acquired is generally utilized by others without the local or indigenous communities benefitting in any form from their cultural heritage. It is general knowledge that intellectual property protects the activities of the intellect or mental faculty. Could this traditional knowledge (TK) of the people require protection under intellectual property? Would it not be appropriate that these people are recognized as the custodians of the TK? Their consent sought before usage, and benefits arising thereof be given to them on prior agreed terms. This will further strengthen the economic system of the society. Doctrinal research method was used in this work, and reliance was placed on both primary and secondary source of information as the work discussed the need for protection of traditional knowledge (TK), the progress made so far and the challenges to providing proper legal and institutional framework for protection of TK.
{"title":"Protection of Traditional Knowledge and its Relevance to National Economic Growth and Development in Nigeria","authors":"Nneka Ezedum","doi":"10.56284/tnjr.v17i1.29","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.29","url":null,"abstract":"Nigeria is a country that is richly blessed with abundance of natural resources, good vegetation and fertile soil for cultivation. The country also has diverse ethnic groups, culture and customs. This way of life of the people can be perceived in the activities, traditions and customs that have been handed down to them by their forefathers. Overtime, communities expanded and there was influx of people to the different communities in the country. These people become exposed to this way of life and they benefit from it individually and collectively. This information or knowledge acquired is generally utilized by others without the local or indigenous communities benefitting in any form from their cultural heritage. It is general knowledge that intellectual property protects the activities of the intellect or mental faculty. Could this traditional knowledge (TK) of the people require protection under intellectual property? Would it not be appropriate that these people are recognized as the custodians of the TK? Their consent sought before usage, and benefits arising thereof be given to them on prior agreed terms. This will further strengthen the economic system of the society. Doctrinal research method was used in this work, and reliance was placed on both primary and secondary source of information as the work discussed the need for protection of traditional knowledge (TK), the progress made so far and the challenges to providing proper legal and institutional framework for protection of TK.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125716804","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}
Illegal wildlife trade and wildlife trafficking are global environmental risks which is underscored not just by its convergence with other serious crimes but by the cross-border and trans-boundary nature of the crime, and its implications in many global health problems. The COVID-19 crisis, currently estimated to have been contracted from bats by humans through an intermediate host such as a pangolin, has propelled the global health implications of wildlife trade onto the global stage, thereby questioning global and national environmental governance structures to combat illegal wildlife trade and trafficking. Through a literature-based desk review, this paper appraises international environmental regulation such as the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES); wildlife regulatory governance in Nigeria such as The Endangered Species (Control of International Trade and Traffic) Act and their implications in the current global pandemic. It finds that weak legal systems, lack of enforcement capacity, high corruption levels and insufficient coordination, knowledge, and capacity are among the critical drivers of this crisis. It recommends legal and policy prioritization and effective environmental governance with regards to combatting wildlife trafficking as a panacea for present and future pandemics.
{"title":"COVID-19 Crisis, Wildlife Trafficking and Environmental Governance in Nigeria","authors":"Helen U. Agu, Akachi Nwogu-Ikojo, E. Onyeabor","doi":"10.56284/tnjr.v17i1.31","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.31","url":null,"abstract":"Illegal wildlife trade and wildlife trafficking are global environmental risks which is underscored not just by its convergence with other serious crimes but by the cross-border and trans-boundary nature of the crime, and its implications in many global health problems. The COVID-19 crisis, currently estimated to have been contracted from bats by humans through an intermediate host such as a pangolin, has propelled the global health implications of wildlife trade onto the global stage, thereby questioning global and national environmental governance structures to combat illegal wildlife trade and trafficking. Through a literature-based desk review, this paper appraises international environmental regulation such as the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES); wildlife regulatory governance in Nigeria such as The Endangered Species (Control of International Trade and Traffic) Act and their implications in the current global pandemic. It finds that weak legal systems, lack of enforcement capacity, high corruption levels and insufficient coordination, knowledge, and capacity are among the critical drivers of this crisis. It recommends legal and policy prioritization and effective environmental governance with regards to combatting wildlife trafficking as a panacea for present and future pandemics.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"3 38","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132580045","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}
This work interrogates the reason for the poor performance of the Nigerian insurance industry. The reason for doing this is that there is a strong correlation between insurance and development. The illiterate villager in the remotest part of Nigeria understands the advantages of "pooling" in risk mitigation. A system of coming together to contribute resources into a pool in order to take a small percentage of same to compensate the few members of the group who suffer risks is very much part of the everyday life of the traditional Nigerian society. This is what insurance is all about. Insurance, as we see it today, developed from this rudimentary aspect to the sophisticated business which it has become today. Being that our people are familiar with the tenets of insurance what then is the problem of Nigeria’s modern insurance industry that makes it remain at the lowest ebb in terms of performance in the financial services industry? Is the problem that of inadequacy in our law or ineffective regulation? Using the doctrinal method, the study examines both the legal and the institutional framework for insurance business to ascertain what the problem is. Our finding is that notwithstanding some grey areas in the Insurance Act, 2003, the major problem of the industry is failure of regulation. We recommend that the regulator, the National Insurance Commission (NAICOM) be more proactive to enable the industry take its pride of place in Nigeria as is the case all over the developed world.
{"title":"Dysfunctional Nigerian Insurance Industry: Failure of Law or Regulation?","authors":"E. Okiche, E. Adibe, C. Obi-Ochiabutor","doi":"10.56284/tnjr.v17i1.30","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.30","url":null,"abstract":"This work interrogates the reason for the poor performance of the Nigerian insurance industry. The reason for doing this is that there is a strong correlation between insurance and development. The illiterate villager in the remotest part of Nigeria understands the advantages of \"pooling\" in risk mitigation. A system of coming together to contribute resources into a pool in order to take a small percentage of same to compensate the few members of the group who suffer risks is very much part of the everyday life of the traditional Nigerian society. This is what insurance is all about. Insurance, as we see it today, developed from this rudimentary aspect to the sophisticated business which it has become today. Being that our people are familiar with the tenets of insurance what then is the problem of Nigeria’s modern insurance industry that makes it remain at the lowest ebb in terms of performance in the financial services industry? Is the problem that of inadequacy in our law or ineffective regulation? Using the doctrinal method, the study examines both the legal and the institutional framework for insurance business to ascertain what the problem is. Our finding is that notwithstanding some grey areas in the Insurance Act, 2003, the major problem of the industry is failure of regulation. We recommend that the regulator, the National Insurance Commission (NAICOM) be more proactive to enable the industry take its pride of place in Nigeria as is the case all over the developed world.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115091740","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}
The outbreak of Covid-19 in Nigeria and the need for its curtailment, led the government to take drastic safety measures. Some employers have resorted to remote working which made apparent, the lack of usefulness of certain categories of workers. Some employers subsequently resorted to unilateral termination of employment, pay cuts, redundancy declaration, asking workers to proceed on leave with or without pay, no work, no pay, and alteration of contracts of employment, all in a bid to remain afloat. Most of these measures, aside not meeting up to minimum best practices, are at variant with the socio-economic aspect of employment relations as they have exposed the affected workers and their dependants to hardship. This paper adopts a desk-based methodology in examining the effects of covid-19 on employment relations in Nigeria by interrogating the proprietary of cost-cutting measures adopted by employers to weather the storm of covid-19 and their socio-economic effects on the workforce and the nation at large. It found that covid-19 has set at loggerhead, the interest of the workers and employers which requires balancing through dialogue and transparent renegotiations of terms and conditions of contract and the creation of employment by the government. It makes recommendations on how to balance this contending interest for a buoyant and harmonious employment relation during and post covid-19 Nigeria.
{"title":"Effects of COVID-19 on Labour Relations in Nigeria: Navigating through the Murky Waters by Balancing Contending Interests","authors":"D. Eyongndi, Mary-Ann O. Ajayi","doi":"10.56284/tnjr.v17i1.26","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.26","url":null,"abstract":"The outbreak of Covid-19 in Nigeria and the need for its curtailment, led the government to take drastic safety measures. Some employers have resorted to remote working which made apparent, the lack of usefulness of certain categories of workers. Some employers subsequently resorted to unilateral termination of employment, pay cuts, redundancy declaration, asking workers to proceed on leave with or without pay, no work, no pay, and alteration of contracts of employment, all in a bid to remain afloat. Most of these measures, aside not meeting up to minimum best practices, are at variant with the socio-economic aspect of employment relations as they have exposed the affected workers and their dependants to hardship. This paper adopts a desk-based methodology in examining the effects of covid-19 on employment relations in Nigeria by interrogating the proprietary of cost-cutting measures adopted by employers to weather the storm of covid-19 and their socio-economic effects on the workforce and the nation at large. It found that covid-19 has set at loggerhead, the interest of the workers and employers which requires balancing through dialogue and transparent renegotiations of terms and conditions of contract and the creation of employment by the government. It makes recommendations on how to balance this contending interest for a buoyant and harmonious employment relation during and post covid-19 Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129093820","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}
The Declaration of Alma-Ata was quite categorical in projecting primary health care (PHC) as the key to attaining health for all or universal health coverage (UHC). PHC is not only the first level of interface between a patient and the health system, it is also the foundation of health systems and a crucial determinant of whether a health system is on a path to attaining UHC or otherwise. More recently, the World Health Assembly went a step further in not only affirming the link between PHC and UHC but also identifying a vital component of actualizing this goal, namely, social health insurance (SHI) system of health financing. In essence, to succeed in attaining UHC, countries must integrate PHC approach and SHI system into their national health architecture. This is critical given that for long, the capacity of PHC to deliver on its key mission, namely, improving efficiency in health care delivery, has been hampered by cost. Yet, cost challenges can be mitigated by adopting a SHI method of paying for health care. Nonetheless, whether extant legal and policy frameworks in Nigeria sufficiently address (if at all) this very crucial component of UHC is not at all clear – hence the significance of this paper.
{"title":"Primary Health Care Approach to Achieving Universal Health Coverage in Nigeria: Are Extant Legal and Policy Regimes Adequate?","authors":"O. Nnamuchi, Maria Ilodigwe","doi":"10.56284/tnjr.v17i1.28","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.28","url":null,"abstract":"The Declaration of Alma-Ata was quite categorical in projecting primary health care (PHC) as the key to attaining health for all or universal health coverage (UHC). PHC is not only the first level of interface between a patient and the health system, it is also the foundation of health systems and a crucial determinant of whether a health system is on a path to attaining UHC or otherwise. More recently, the World Health Assembly went a step further in not only affirming the link between PHC and UHC but also identifying a vital component of actualizing this goal, namely, social health insurance (SHI) system of health financing. In essence, to succeed in attaining UHC, countries must integrate PHC approach and SHI system into their national health architecture. This is critical given that for long, the capacity of PHC to deliver on its key mission, namely, improving efficiency in health care delivery, has been hampered by cost. Yet, cost challenges can be mitigated by adopting a SHI method of paying for health care. Nonetheless, whether extant legal and policy frameworks in Nigeria sufficiently address (if at all) this very crucial component of UHC is not at all clear – hence the significance of this paper.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"56 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126672329","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}
It is a truism that sound and credible elections are a sine qua non for sustainable democracy. The citizens in a society do not only desire a credible system for the selection of their leaders, but also seek functional and unbiased institutional processes to settle election matters. Consequently, election petition remains a viable and reorganized alternative open to any person or party dissatisfied with the conduct of an election to ventilate his or her grievances. Over the years, litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for non-compliance with the applicable electoral legislations or technicalities. Consequently, this paper analyses the current election petition model in Nigeria with a view to highlighting practices that may be adapted to the regular court process to improve speedy dispensation of justice. The paper adopts a doctrinal methodology which undertakes a comparative study of Nigeria and other relevant foreign jurisdictions. The paper analyses the procedural and institutional aspects of the election petition system viz-a-viz the court system in Nigeria and further examines the practice in other foreign jurisdictions with an attempt to identify norms and practices that can be adopted to strengthen the election petition model in Nigeria.
{"title":"Adopting the Election Petition Model as a Means of Fast Tracking Justice Delivery in the Regular Court System in Nigeria: Problems and Prospects","authors":"S. Nwatu, C. Nwankwo","doi":"10.56284/tnjr.v17i1.32","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.32","url":null,"abstract":"It is a truism that sound and credible elections are a sine qua non for sustainable democracy. The citizens in a society do not only desire a credible system for the selection of their leaders, but also seek functional and unbiased institutional processes to settle election matters. Consequently, election petition remains a viable and reorganized alternative open to any person or party dissatisfied with the conduct of an election to ventilate his or her grievances. Over the years, litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for non-compliance with the applicable electoral legislations or technicalities. Consequently, this paper analyses the current election petition model in Nigeria with a view to highlighting practices that may be adapted to the regular court process to improve speedy dispensation of justice. The paper adopts a doctrinal methodology which undertakes a comparative study of Nigeria and other relevant foreign jurisdictions. The paper analyses the procedural and institutional aspects of the election petition system viz-a-viz the court system in Nigeria and further examines the practice in other foreign jurisdictions with an attempt to identify norms and practices that can be adopted to strengthen the election petition model in Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128786712","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}
The right of persons to be protected from enforced disappearance is an offshoot of the fundamental right to personal liberty. The United Nations International Convention on the Protection of all Persons from Enforced Disappearance (ICPAPED) came into force on 23 December 2010. Nigeria proclaims her commitment to its spirit and has ratified the Convention but is yet to domesticate the same. This article examines the extent of the application of the Convention in Nigeria. It argues that state practices are far from complying with the letters and spirit of the Convention as various acts of enforced disappearance of persons occur in the country. In this context, while pointing out concrete instances of state complicity in enforced disappearances, the paper highlights some of the recorded incidents of forced disappearances in the country committed by both state agents and non-state actors. It identifies the challenges militating against the effective implementation of the Convention and concludes by offering suggestions on how its application can be made more effective in Nigeria.
{"title":"Examining the Extent of the Application of the United Nations Convention on the Protection of All Persons from Enforced Disappearance in Nigeria","authors":"J. Ezeilo, F. Ukwueze, U. Nwoke","doi":"10.56284/tnjr.v17i1.27","DOIUrl":"https://doi.org/10.56284/tnjr.v17i1.27","url":null,"abstract":"The right of persons to be protected from enforced disappearance is an offshoot of the fundamental right to personal liberty. The United Nations International Convention on the Protection of all Persons from Enforced Disappearance (ICPAPED) came into force on 23 December 2010. Nigeria proclaims her commitment to its spirit and has ratified the Convention but is yet to domesticate the same. This article examines the extent of the application of the Convention in Nigeria. It argues that state practices are far from complying with the letters and spirit of the Convention as various acts of enforced disappearance of persons occur in the country. In this context, while pointing out concrete instances of state complicity in enforced disappearances, the paper highlights some of the recorded incidents of forced disappearances in the country committed by both state agents and non-state actors. It identifies the challenges militating against the effective implementation of the Convention and concludes by offering suggestions on how its application can be made more effective in Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128048149","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：