Africa is tagged the ‘Dark Continent’. As seen by some analysts, the concept of ‘dark continent’ is a symbolic representation of Africa’s underdevelopment on the one hand and its inability to generate enough electricity necessary for economic and human development on the other hand. The need for a decentralized electricity regulatory framework vis-à-vis effective regulatory institutions in improving power generation and supply cannot be overemphasized. Thus, the failure of most Sub-Sahara African (SSA) countries to significantly improve their power sector could be blamed on non grass-root oriented and non-inclusive electricity regulatory models. South Africa runs a decentralized electricity regulatory model which is highly contributory to her relatively high rate of electricity access. The objectives of this work are to attempt a comparative analysis between South African (SA) and Nigeria’s regulatory power sector frameworks and to understand the impacts of SA’s regulatory frameworks on its power generation with the view to drawing lessons for Nigeria. The major argument of this paper is that SA’s decentralized electricity regulatory model is highly contributory to the country’s power sector performance as against Nigeria’s centralized model with has dwindled its power sector performance. This paper examines the existing regulatory frameworks of both Nigeria and South Africa, their impacts on the various aspects of power sector. The paper also identifies salient lessons for Nigeria from SA experience and makes other recommendations that could improve Nigeria’s power sector regulatory regime and overall performance of the sector.
{"title":"A Comparative Analysis of Electricity Regulatory Frameworks in Nigeria and South Africa","authors":"D. Akabuiro","doi":"10.56284/tnjr.v16i1.20","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.20","url":null,"abstract":"Africa is tagged the ‘Dark Continent’. As seen by some analysts, the concept of ‘dark continent’ is a symbolic representation of Africa’s underdevelopment on the one hand and its inability to generate enough electricity necessary for economic and human development on the other hand. The need for a decentralized electricity regulatory framework vis-à-vis effective regulatory institutions in improving power generation and supply cannot be overemphasized. Thus, the failure of most Sub-Sahara African (SSA) countries to significantly improve their power sector could be blamed on non grass-root oriented and non-inclusive electricity regulatory models. South Africa runs a decentralized electricity regulatory model which is highly contributory to her relatively high rate of electricity access. The objectives of this work are to attempt a comparative analysis between South African (SA) and Nigeria’s regulatory power sector frameworks and to understand the impacts of SA’s regulatory frameworks on its power generation with the view to drawing lessons for Nigeria. The major argument of this paper is that SA’s decentralized electricity regulatory model is highly contributory to the country’s power sector performance as against Nigeria’s centralized model with has dwindled its power sector performance. This paper examines the existing regulatory frameworks of both Nigeria and South Africa, their impacts on the various aspects of power sector. The paper also identifies salient lessons for Nigeria from SA experience and makes other recommendations that could improve Nigeria’s power sector regulatory regime and overall performance of the sector.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134094358","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}
Family and matrimonial contracts are often oral, unwritten and made without fear of breach. Consequently, spouses contribute both financially and non-financial towards the success of the marriage and acquisition of their matrimonial home. Often, the shared intentions of the spouses is usually to create a comfortable home for the family and each make indirect, invisible and unquantifiable sacrifices towards the success of the marriage. The State High Court is conferred with unlimited discretion in respect of matrimonial property and in exercising this discretion it often insists that a party must show evidence of substantial and direct financial contributions to the acquisition of matrimonial property before joint ownership of matrimonial property is inferred. Basically the library based research, is adopted in this article both the primary and secondary sources of law are cited. The findings of this article are: (1) Where there is a document of title in favour of one party to the marriage, that property is lost as a matrimonial property.(2) Where a party is insisting that the property in issue is jointly owned, that party is responsible for producing evidence to the effect that both parties contributed adequately to the acquisition of the said property, whether financially or otherwise.(3) Oral evidence, even, about the parties’ private arrangements cannot be allowed to contradict the content of document of title. This article recommends for a statutory definition of matrimonial property that will ingrain the socio-cultural norms and values regarding marital relations as a communal and partnership arrangement.
{"title":"Appraisal of the Concept of Matrimonial Property under Nigerian Law","authors":"C. Ugwu","doi":"10.56284/tnjr.v16i1.17","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.17","url":null,"abstract":"Family and matrimonial contracts are often oral, unwritten and made without fear of breach. Consequently, spouses contribute both financially and non-financial towards the success of the marriage and acquisition of their matrimonial home. Often, the shared intentions of the spouses is usually to create a comfortable home for the family and each make indirect, invisible and unquantifiable sacrifices towards the success of the marriage. The State High Court is conferred with unlimited discretion in respect of matrimonial property and in exercising this discretion it often insists that a party must show evidence of substantial and direct financial contributions to the acquisition of matrimonial property before joint ownership of matrimonial property is inferred. Basically the library based research, is adopted in this article both the primary and secondary sources of law are cited. The findings of this article are: (1) Where there is a document of title in favour of one party to the marriage, that property is lost as a matrimonial property.(2) Where a party is insisting that the property in issue is jointly owned, that party is responsible for producing evidence to the effect that both parties contributed adequately to the acquisition of the said property, whether financially or otherwise.(3) Oral evidence, even, about the parties’ private arrangements cannot be allowed to contradict the content of document of title. This article recommends for a statutory definition of matrimonial property that will ingrain the socio-cultural norms and values regarding marital relations as a communal and partnership arrangement.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122093746","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 Companies and Allied Matters Act, 2020 (CAMA 2020), seems to have revolutionized the face of corporate practice in Nigeria in recent times. The sweeping reforms enshrined in CAMA 2020 will undoubtedly accelerate economic growth and rapidly promote the ease of doing business in Nigeria. In one breath, the remarkable reforms entrenched in the Act, particularly with respect to incorporation, commencement operation of companies and business names, have been widely applauded by Nigerians. On the other hand, religious bodies, associations and other incorporated trustees (ITs) have heavily condemned some provisions in the Act, especially Part F that deals with operations of ITs and in fact some associations have called for an outright amendment of section 839 of the new Act because of the enormous powers given to the Corporate Affairs Commission (CAC) to suspend, remove and install interim managers for any incorporated trustee (IT) found wanting. This work examines the legal implications of the novel provisions embedded in CAMA 2020 as it relates to the regulation of ITs in Nigeria. A brief review is made of the Charities Act, 2011 of the United Kingdom (CA 2011), which appears to be the model for the controversial provisions CAMA 2020. The research methodology adopted in this article is doctrinal and comparative. This paper concludes that while accountability of ITs is desirable and expedient, the Commission should operate within the purview of the rule of law and eschew any tyrannical tendencies that will stifle legal operations of non-governmental organizations (NGOs) incorporated in Nigeria.
{"title":"Regulation of Non-Governmental Organisations under the Companies and Allied Matters Act, 2020","authors":"John Akinselure","doi":"10.56284/tnjr.v16i1.8","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.8","url":null,"abstract":"The Companies and Allied Matters Act, 2020 (CAMA 2020), seems to have revolutionized the face of corporate practice in Nigeria in recent times. The sweeping reforms enshrined in CAMA 2020 will undoubtedly accelerate economic growth and rapidly promote the ease of doing business in Nigeria. In one breath, the remarkable reforms entrenched in the Act, particularly with respect to incorporation, commencement operation of companies and business names, have been widely applauded by Nigerians. On the other hand, religious bodies, associations and other incorporated trustees (ITs) have heavily condemned some provisions in the Act, especially Part F that deals with operations of ITs and in fact some associations have called for an outright amendment of section 839 of the new Act because of the enormous powers given to the Corporate Affairs Commission (CAC) to suspend, remove and install interim managers for any incorporated trustee (IT) found wanting. This work examines the legal implications of the novel provisions embedded in CAMA 2020 as it relates to the regulation of ITs in Nigeria. A brief review is made of the Charities Act, 2011 of the United Kingdom (CA 2011), which appears to be the model for the controversial provisions CAMA 2020. The research methodology adopted in this article is doctrinal and comparative. This paper concludes that while accountability of ITs is desirable and expedient, the Commission should operate within the purview of the rule of law and eschew any tyrannical tendencies that will stifle legal operations of non-governmental organizations (NGOs) incorporated in Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"57 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116515797","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}
Advancement in Information Communication Technology (ICT) has brought to the fore the need for the protection of individuals’ personal data. In today’s digital age, the personal data of individuals are routinely collected and stored in databases of both private and public establishments. Such personally identifiable information can easily be analyzed with fascinating accuracy, rapidly transmitted, and put to unimaginable uses. This situation has placed the regulation of personal data collection and uses on the front burner in many nations. The weak or total absence of regulation of personal data poses serious challenges to the security of lives and property of individuals and can constitute a serious disincentive for the adoption of beneficial technology. Employing the doctrinal methodology, this article examines the legal framework for personal data protection in Nigeria with the aim of assessing the adequacy or otherwise of relevant extant regulations in protecting the personal data of Nigerians and other people doing business in Nigeria. Looking at the state of the law in some developed and developing countries, the paper notes that the current state of regulation in Nigeria is still a far cry from what obtains in most countries of the global North and some sister African countries. It, therefore, concludes that there is a compelling need for a stronger regulatory framework for data privacy in Nigeria.
{"title":"Strengthening the Legal Framework for Personal Data Protection in Nigeria","authors":"F. Ukwueze","doi":"10.56284/tnjr.v16i1.16","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.16","url":null,"abstract":"Advancement in Information Communication Technology (ICT) has brought to the fore the need for the protection of individuals’ personal data. In today’s digital age, the personal data of individuals are routinely collected and stored in databases of both private and public establishments. Such personally identifiable information can easily be analyzed with fascinating accuracy, rapidly transmitted, and put to unimaginable uses. This situation has placed the regulation of personal data collection and uses on the front burner in many nations. The weak or total absence of regulation of personal data poses serious challenges to the security of lives and property of individuals and can constitute a serious disincentive for the adoption of beneficial technology. Employing the doctrinal methodology, this article examines the legal framework for personal data protection in Nigeria with the aim of assessing the adequacy or otherwise of relevant extant regulations in protecting the personal data of Nigerians and other people doing business in Nigeria. Looking at the state of the law in some developed and developing countries, the paper notes that the current state of regulation in Nigeria is still a far cry from what obtains in most countries of the global North and some sister African countries. It, therefore, concludes that there is a compelling need for a stronger regulatory framework for data privacy in Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130499963","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}
On 24 September 2021 the Court of Appeal (CA) delivered judgment in Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v National Identity Management Commission (ITDRLI& ORS v NIMC or the Case), in which the CA resolved the conflict on the status of data protection rights in Nigeria. Prior to the decision in the Case, there were conflicting decisions of high courts on whether data protection rights qualified as fundamental right to privacy in section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN). The decision of the CA in the Case is that the fundamental right to privacy under section 37 of the CFRN includes data protection rights. This decision of the CA is a milestone in data protection in Nigeria, even though it is relatively late as conversations at the global stage have progressed beyond recognition of data protection rights as part of right to privacy, to advocating for the creation of data protection right, independent of the right to privacy. In this review, we present the facts, arguments, and decision in the Case, summarise previous conflicting decisions on the point, and make our comments on the decision of the CA in the Case, and the global trends of human right-based approach to data protection. We end the review with a conclusion.
{"title":"Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v National Identity Management Commission: A Milestone towards a Human Right-Based Approach to Data Protection in Nigeria","authors":"Felix Emmanuel","doi":"10.56284/tnjr.v16i1.24","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.24","url":null,"abstract":"On 24 September 2021 the Court of Appeal (CA) delivered judgment in Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v National Identity Management Commission (ITDRLI& ORS v NIMC or the Case), in which the CA resolved the conflict on the status of data protection rights in Nigeria. Prior to the decision in the Case, there were conflicting decisions of high courts on whether data protection rights qualified as fundamental right to privacy in section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN). The decision of the CA in the Case is that the fundamental right to privacy under section 37 of the CFRN includes data protection rights. This decision of the CA is a milestone in data protection in Nigeria, even though it is relatively late as conversations at the global stage have progressed beyond recognition of data protection rights as part of right to privacy, to advocating for the creation of data protection right, independent of the right to privacy. In this review, we present the facts, arguments, and decision in the Case, summarise previous conflicting decisions on the point, and make our comments on the decision of the CA in the Case, and the global trends of human right-based approach to data protection. We end the review with a conclusion.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116487700","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}
Organized crime is any serious crime committed by an organized criminal group within a state or across international borders for economic gain. State-embedded actor syndrome exists where state officials commit organized crimes. There is a trend in Africa whereby states with high resilience to organized crime simultaneously record high organized criminality. While arguing that high resilience should result in low criminality, this paper seeks to ascertain whether the state-embedded actor syndrome is responsible for the high-criminality and high-resilience organized crime trends in Africa. Accordingly, the question underlying this research is: Is state-embedded actor syndrome responsible for the high-criminality and high-resilience (HC-HR) organized crime trends in Africa? The objectives of the study are to ascertain whether state-embedded actor syndrome is responsible for the HC-HR trends in Africa and recommend ways of reversing or averting the trend. The paper uses quantitative and qualitative methods as well as a non-experimental design. Data for the research are collected from secondary sources and manipulated by quadrant analysis. The paper finds that state-embedded actor syndrome negatives state resilience and that is why criminality increases despite high resilience. The paper recommends that African states should avoid holding onto the heavy police approach to combating organized crime, but adopt a comprehensive policy response that will boost state resilience and check organized criminality.
{"title":"State-Embedded Actor Syndrome and Organized Crime Trends in Africa","authors":"S. Anya, Godson Asogwa","doi":"10.56284/tnjr.v16i1.9","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.9","url":null,"abstract":"Organized crime is any serious crime committed by an organized criminal group within a state or across international borders for economic gain. State-embedded actor syndrome exists where state officials commit organized crimes. There is a trend in Africa whereby states with high resilience to organized crime simultaneously record high organized criminality. While arguing that high resilience should result in low criminality, this paper seeks to ascertain whether the state-embedded actor syndrome is responsible for the high-criminality and high-resilience organized crime trends in Africa. Accordingly, the question underlying this research is: Is state-embedded actor syndrome responsible for the high-criminality and high-resilience (HC-HR) organized crime trends in Africa? The objectives of the study are to ascertain whether state-embedded actor syndrome is responsible for the HC-HR trends in Africa and recommend ways of reversing or averting the trend. The paper uses quantitative and qualitative methods as well as a non-experimental design. Data for the research are collected from secondary sources and manipulated by quadrant analysis. The paper finds that state-embedded actor syndrome negatives state resilience and that is why criminality increases despite high resilience. The paper recommends that African states should avoid holding onto the heavy police approach to combating organized crime, but adopt a comprehensive policy response that will boost state resilience and check organized criminality.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131318309","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}
Abortion is the termination of pregnancy before its birth for whatever reason. The present study is concerned with therapeutic abortion which is criminalized in Nigeria been the focus of this study. The Nigerian societal attitude to abortion is one of stereotyped stigmatization notwithstanding the validity of the reasons. The aim of the study is to examine the trajectory between abortion laws and human rights in Nigeria and the lessons Nigeria can learn from Great Britain and United States jurisdictions. The objective is to interrogate the extant abortion laws with a view to locating their inadequacies in the area of both the African and international human rights concerns of sexual and reproductive health of women on abortion rights. Using doctrinal design by reliance on primary and secondary sources analysed through deductive reasoning based on extant statutes and case law, this study interrogated the extant abortion laws in Nigeria in juxtaposition with the British and the United States legal framework on abortion as well as critical examination of the African and international human rights jurisprudences, and found out that the current position of abortion law in Nigeria is not in the same wavelength with both the African and international human rights jurisprudences on sexual and reproductive health rights of females to access safe abortions implicit in the fundamental rights and freedoms of privacy, non-discrimination, right to life, good health and bodily autonomy as it relates to unwanted pregnancies induced by other factors such as rape, incest or severe foetus abnormalities. The study recommended law reform by using the models provided by the British and United States legal framework to allow women access to legal abortion in deserving cases in conformity with African and international human rights treaties.
{"title":"Diagnosis of Abortion Laws in Nigeria and Human Rights Trajectory: Lessons from Great Britain and United States of America","authors":"Innocent Nwaogazie","doi":"10.56284/tnjr.v16i1.21","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.21","url":null,"abstract":"Abortion is the termination of pregnancy before its birth for whatever reason. The present study is concerned with therapeutic abortion which is criminalized in Nigeria been the focus of this study. The Nigerian societal attitude to abortion is one of stereotyped stigmatization notwithstanding the validity of the reasons. The aim of the study is to examine the trajectory between abortion laws and human rights in Nigeria and the lessons Nigeria can learn from Great Britain and United States jurisdictions. The objective is to interrogate the extant abortion laws with a view to locating their inadequacies in the area of both the African and international human rights concerns of sexual and reproductive health of women on abortion rights. Using doctrinal design by reliance on primary and secondary sources analysed through deductive reasoning based on extant statutes and case law, this study interrogated the extant abortion laws in Nigeria in juxtaposition with the British and the United States legal framework on abortion as well as critical examination of the African and international human rights jurisprudences, and found out that the current position of abortion law in Nigeria is not in the same wavelength with both the African and international human rights jurisprudences on sexual and reproductive health rights of females to access safe abortions implicit in the fundamental rights and freedoms of privacy, non-discrimination, right to life, good health and bodily autonomy as it relates to unwanted pregnancies induced by other factors such as rape, incest or severe foetus abnormalities. The study recommended law reform by using the models provided by the British and United States legal framework to allow women access to legal abortion in deserving cases in conformity with African and international human rights treaties.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129953032","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 international community gathered in 2005 and adopted responsibility to protect in paragraph 138 and 139 of the World Summit Outcome Document. Few years after this adoption, the international community through the UN Security Council applied the concept of responsibility to protect in the 2011 Libyan intervention. The Resolution 1973 was adopted as a result of Gaddafi’s manifest intention to exterminate the Libyan population. It authorised the member nations and regional organizations to use all necessary measures to protect civilians in Libya. Thereafter, the coalition of states went to Libya under the pretext of responsibility to protect and protection of civilians, and as a result the Libyan leader was killed. The killing of Gaddafi generated wide controversy as a result of the manner in which the intervening forces implemented Resolution 1973. It was against this background that this research work set to evaluate the application of responsibility to protect in Africa using the Libyan intervention as a text case. In so doing, the study examines the historical development and content of responsibility to protect, which was introduced in 2001 as a result of the Security Council’s failure to authorize intervention for humanitarian purposes in Rwanda, Bosnia and Kosovo. The study aims to investigate whether or not the intervention in Libya was in line with responsibility to protect, and in so doing, the study analyses Resolution 1973 to ascertain whether or not the interveners went beyond mandate. The responsibility to protect is central to the discussion of this research work because Resolution 1973 in its preamble reminded the Libyan authorities of their responsibility to protect civilian populations. The study in analysing Resolution 1973, argues that it would be impossible to enforce civilian protection with Gaddafi in power, and even if some scholars posited that the interveners went beyond mandate in Resolution 1973, the interveners saved many lives which would have been killed by Gaddafi.
{"title":"Evaluating the Legality of Application of Responsibility to Protect in Africa: The Libya Experience","authors":"Emmanuel Odoemena, Elias Offor, I. Ukam","doi":"10.56284/tnjr.v16i1.22","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.22","url":null,"abstract":"The international community gathered in 2005 and adopted responsibility to protect in paragraph 138 and 139 of the World Summit Outcome Document. Few years after this adoption, the international community through the UN Security Council applied the concept of responsibility to protect in the 2011 Libyan intervention. The Resolution 1973 was adopted as a result of Gaddafi’s manifest intention to exterminate the Libyan population. It authorised the member nations and regional organizations to use all necessary measures to protect civilians in Libya. Thereafter, the coalition of states went to Libya under the pretext of responsibility to protect and protection of civilians, and as a result the Libyan leader was killed. The killing of Gaddafi generated wide controversy as a result of the manner in which the intervening forces implemented Resolution 1973. It was against this background that this research work set to evaluate the application of responsibility to protect in Africa using the Libyan intervention as a text case. In so doing, the study examines the historical development and content of responsibility to protect, which was introduced in 2001 as a result of the Security Council’s failure to authorize intervention for humanitarian purposes in Rwanda, Bosnia and Kosovo. The study aims to investigate whether or not the intervention in Libya was in line with responsibility to protect, and in so doing, the study analyses Resolution 1973 to ascertain whether or not the interveners went beyond mandate. The responsibility to protect is central to the discussion of this research work because Resolution 1973 in its preamble reminded the Libyan authorities of their responsibility to protect civilian populations. The study in analysing Resolution 1973, argues that it would be impossible to enforce civilian protection with Gaddafi in power, and even if some scholars posited that the interveners went beyond mandate in Resolution 1973, the interveners saved many lives which would have been killed by Gaddafi.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133053977","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 between 2016 and 2019 implemented several tax amnesty programmes successively. Tax amnesty is the release from the consequence of non-compliance with a tax obligation. The repetition of tax amnesty schemes within a short period indicates that there are lapses in tax administration in Nigeria. This paper examines the role of Tax amnesty in catalysing domestic resource mobilisation and voluntary compliance to tax obligations in Nigeria; drawing from the lessons presented by the experiences of Ghana, South Africa, Mauritius, Kenya, Ireland, Indonesia and the United Kingdom. The doctrinal research methodology is adopted in this research. The paper will contend that for a tax amnesty to succeed there is need for an effective tax administrative system that has the capacity to enforce tax laws and sanctions. It recommends that a sectorial tax amnesty is preferable for Nigeria.
{"title":"Comparative Overview of Tax Amnesty Policy Implementation in Nigeria","authors":"Newman U. Richards","doi":"10.56284/tnjr.v16i1.15","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.15","url":null,"abstract":"Nigeria between 2016 and 2019 implemented several tax amnesty programmes successively. Tax amnesty is the release from the consequence of non-compliance with a tax obligation. The repetition of tax amnesty schemes within a short period indicates that there are lapses in tax administration in Nigeria. This paper examines the role of Tax amnesty in catalysing domestic resource mobilisation and voluntary compliance to tax obligations in Nigeria; drawing from the lessons presented by the experiences of Ghana, South Africa, Mauritius, Kenya, Ireland, Indonesia and the United Kingdom. The doctrinal research methodology is adopted in this research. The paper will contend that for a tax amnesty to succeed there is need for an effective tax administrative system that has the capacity to enforce tax laws and sanctions. It recommends that a sectorial tax amnesty is preferable for Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128636920","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 trade in wildlife has caused the decline of many species in Nigeria, Africa and the world. Illegal killing, smuggling and other forms of illicit trade in wildlife do not only hurt the economy and the ecosystem, but they also fuel organised crime as well as feed corruption and insecurity, undermining the sustainable development of the country. Wildlife in Nigeria is under pressure as most endangered species, are traded both domestically and internationally. Nigeria is not only a source of wildlife products but has also emerged as a major transit country for wildlife trafficking according to the current World wildlife Crime Report. Using a literature-based review, this paper critically examines the legality and illegality of wildlife trade in Nigeria in line with the provisions of extant laws and how this scenario has grossly hampered global efforts toward combating wildlife trafficking. It proffers amendment of the text of extant laws to reflect the intents and global aspirations to curb this scourge and preserve biodiversity for posterity. It further advocates global partnerships efforts to strengthen enforcement capacity to investigate and prosecute offenders.
{"title":"Economic Implications of Trade in Wildlife: From Legality to Illegality","authors":"E. Onyeabor, Helen U. Agu, Ed Arum","doi":"10.56284/tnjr.v16i1.23","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.23","url":null,"abstract":"Illegal trade in wildlife has caused the decline of many species in Nigeria, Africa and the world. Illegal killing, smuggling and other forms of illicit trade in wildlife do not only hurt the economy and the ecosystem, but they also fuel organised crime as well as feed corruption and insecurity, undermining the sustainable development of the country. Wildlife in Nigeria is under pressure as most endangered species, are traded both domestically and internationally. Nigeria is not only a source of wildlife products but has also emerged as a major transit country for wildlife trafficking according to the current World wildlife Crime Report. Using a literature-based review, this paper critically examines the legality and illegality of wildlife trade in Nigeria in line with the provisions of extant laws and how this scenario has grossly hampered global efforts toward combating wildlife trafficking. It proffers amendment of the text of extant laws to reflect the intents and global aspirations to curb this scourge and preserve biodiversity for posterity. It further advocates global partnerships efforts to strengthen enforcement capacity to investigate and prosecute offenders.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"316 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123506429","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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