Compulsory acquisition of land (private property) is permitted under Nigerian law, but such acquisition must be conducted in accordance with the prescriptions of law. A fundamental criterion in a compulsory acquisition is the compliance with the public purpose requirement. Increasingly, state governments in Nigeria have been engaging in massive land grabbing for many reasons that tend to challenge the public purpose requirement. In certain cases, including governments’ acquisition for mass housing projects, the resultant beneficiaries are far from qualifying for the ascription of the term ‘public’ for the purpose of compliance with the public purpose requirement. This casts doubt on the acquiring authority’s compliance with the extant law. Using a doctrinal methodology, this paper argues for the prioritization of public interest over private interest. The paper aims to provide a roadmap for ensuring that public interest requirement reigns supreme in any compulsory acquisition in Nigeria.
{"title":"Compulsory Acquisition of Land (Private Property) in Nigeria: Prioritizing Public Interest over Private Interest","authors":"S. Nwatu, C. Ajibo","doi":"10.56284/tnjr.v16i1.10","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.10","url":null,"abstract":"Compulsory acquisition of land (private property) is permitted under Nigerian law, but such acquisition must be conducted in accordance with the prescriptions of law. A fundamental criterion in a compulsory acquisition is the compliance with the public purpose requirement. Increasingly, state governments in Nigeria have been engaging in massive land grabbing for many reasons that tend to challenge the public purpose requirement. In certain cases, including governments’ acquisition for mass housing projects, the resultant beneficiaries are far from qualifying for the ascription of the term ‘public’ for the purpose of compliance with the public purpose requirement. This casts doubt on the acquiring authority’s compliance with the extant law. Using a doctrinal methodology, this paper argues for the prioritization of public interest over private interest. The paper aims to provide a roadmap for ensuring that public interest requirement reigns supreme in any compulsory acquisition in Nigeria.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"193 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":"132282532","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 legal and institutional framework for sustainable environmental management (SEM) in Nigeria consists of the laws and statutory institutions (agencies) regulating the environment. There are several laws and institutions which seek to protect and sustainably manage the Nigerian environment from degradation, especially, through the activities of the oil and gas companies operating in the country. Oil and gas exploration, extraction, and production in Nigeria, especially, in the Niger Delta region of the country, have caused severe environmental degradation in the region, owing to the legacy of decades of oil spills and gas flaring. Despite the laws and institutions intended to protect and sustainably manage the Nigerian environment, the nation’s environment keeps deteriorating at an alarming rate. The aim of this paper is to appraise the laws and institutions expected to sustainably protect and manage the environment of Nigeria. The paper adopted the doctrinal research methodology and generated its data through local statutes, case laws, policy documents, textbooks, journal articles, seminar papers, manuscripts, newspaper reports, monographs, some unpublished works, and internet websites. The paper carefully examined the principal laws in Nigeria dealing with environmental protection and management with a view to reviewing their provisions and the method of environmental protection and management through these laws. Also, the paper examined the principal statutory institutions or agencies regulating the Nigerian environment with a view to achieving national environmental sustainability. The paper found that the laws enacted to protect the Nigerian environment are generally weak on the account of some flaws contained therein. The paper also found that the statutory institutions established to enforced environmental laws are ineffective in their enforcement mandate.
{"title":"Appraisal of the Legal and Institutional Framework for Sustainable Environmental Management in Nigeria","authors":"F. Anyogu, E. Nyekwere","doi":"10.56284/tnjr.v16i1.18","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.18","url":null,"abstract":"The legal and institutional framework for sustainable environmental management (SEM) in Nigeria consists of the laws and statutory institutions (agencies) regulating the environment. There are several laws and institutions which seek to protect and sustainably manage the Nigerian environment from degradation, especially, through the activities of the oil and gas companies operating in the country. Oil and gas exploration, extraction, and production in Nigeria, especially, in the Niger Delta region of the country, have caused severe environmental degradation in the region, owing to the legacy of decades of oil spills and gas flaring. Despite the laws and institutions intended to protect and sustainably manage the Nigerian environment, the nation’s environment keeps deteriorating at an alarming rate. The aim of this paper is to appraise the laws and institutions expected to sustainably protect and manage the environment of Nigeria. The paper adopted the doctrinal research methodology and generated its data through local statutes, case laws, policy documents, textbooks, journal articles, seminar papers, manuscripts, newspaper reports, monographs, some unpublished works, and internet websites. The paper carefully examined the principal laws in Nigeria dealing with environmental protection and management with a view to reviewing their provisions and the method of environmental protection and management through these laws. Also, the paper examined the principal statutory institutions or agencies regulating the Nigerian environment with a view to achieving national environmental sustainability. The paper found that the laws enacted to protect the Nigerian environment are generally weak on the account of some flaws contained therein. The paper also found that the statutory institutions established to enforced environmental laws are ineffective in their enforcement mandate.","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":"129475775","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}
Disproportionate curtailment measures against the COVID-19 pandemic alongside compulsory vaccination (in the midst of rumours and conspiracy theories) have contributed to vaccination hesitancy, data and surveillance monitoring without due regard to civil and political rights. The absence of due regard to these rights by governments, undermine the observance of rule of law and good governance. Consequently, there have been sweeping implications on public order and security, disruption of electoral process and the right to dignity through torture and unlawful use of force. Socio-economic rights violations, relaxation of public procurement mechanisms, lack of capacity to deliver essential services, disinformation, perversion of justice, and gender-based violence have also overwhelmed the entire global health care system. The paper assesses curtailment measures against COVID-19 pandemic and its impact on rule of law and good governance in the Global South towards a better COVID-19 stimulus and recovery packages. It adopts doctrinal research method by relying on relevant statutes, international instruments, judicial decisions and literature. It finds that the discriminatory, inequitable curtailment measures and insufficient governmental social protections and economic supports, constitute “multiplier threat” that produces structural violence against vulnerable, marginalised communities and foreign nationals. The pandemic has created scientific uncertainty that necessitates global solidarity and scientific precautionary measures through digital and telemedicine leading to important health management. The paper calls for international democracy support for electoral reforms and United Nations oversight mechanisms for rule of law and good governance to promote transparency and accountability in the management of COVID-19 pandemic.
{"title":"Strengthening the Rule of Law and Good Governance amid COVID-19 Pandemic in the Global South","authors":"J. Olorunfemi, Chidiebere Udeokechukwu","doi":"10.56284/tnjr.v16i1.19","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.19","url":null,"abstract":"Disproportionate curtailment measures against the COVID-19 pandemic alongside compulsory vaccination (in the midst of rumours and conspiracy theories) have contributed to vaccination hesitancy, data and surveillance monitoring without due regard to civil and political rights. The absence of due regard to these rights by governments, undermine the observance of rule of law and good governance. Consequently, there have been sweeping implications on public order and security, disruption of electoral process and the right to dignity through torture and unlawful use of force. Socio-economic rights violations, relaxation of public procurement mechanisms, lack of capacity to deliver essential services, disinformation, perversion of justice, and gender-based violence have also overwhelmed the entire global health care system. The paper assesses curtailment measures against COVID-19 pandemic and its impact on rule of law and good governance in the Global South towards a better COVID-19 stimulus and recovery packages. It adopts doctrinal research method by relying on relevant statutes, international instruments, judicial decisions and literature. It finds that the discriminatory, inequitable curtailment measures and insufficient governmental social protections and economic supports, constitute “multiplier threat” that produces structural violence against vulnerable, marginalised communities and foreign nationals. The pandemic has created scientific uncertainty that necessitates global solidarity and scientific precautionary measures through digital and telemedicine leading to important health management. The paper calls for international democracy support for electoral reforms and United Nations oversight mechanisms for rule of law and good governance to promote transparency and accountability in the management of COVID-19 pandemic.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"4 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":"121895783","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}
Discrimination and violence against women have become widespread and multi-facetted. Discrimination against women and girls are observable in many spheres of life including social, cultural, economic, health, education, in representation in public life and in determination of nationality. Women and girls suffer violence than their male counterparts at home as well as during armed conflicts, internal or international. In keeping with preamble of the Charter of the United Nations (UN) 1945 to ‘reaffirm faith in fundamental human rights, in the dignity, and worth of the human person, in the equal rights of men and women…’ the organisation has over the years put in place measures to tackle the issues of discrimination and violence against women in order to protect the rights of women. Notable among such measures is the adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the establishment of a committee of experts to monitor the implementation of the Convention in the members States. The aim of this article is to discuss the role of the UN in the elimination of discrimination and violence against women. It will also appraise relevant international instruments designed to protect the rights of women globally and at regional levels. The study adopts the doctrinal research method by with legal instruments and case law as the primary sources of data, and textbooks, journal articles and the Internet as the secondary sources of data.
{"title":"Roles of the United Nations and International Legal Instruments in the Protection of Women’s Rights","authors":"Omozue Ogorugba","doi":"10.56284/tnjr.v16i1.14","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.14","url":null,"abstract":"Discrimination and violence against women have become widespread and multi-facetted. Discrimination against women and girls are observable in many spheres of life including social, cultural, economic, health, education, in representation in public life and in determination of nationality. Women and girls suffer violence than their male counterparts at home as well as during armed conflicts, internal or international. In keeping with preamble of the Charter of the United Nations (UN) 1945 to ‘reaffirm faith in fundamental human rights, in the dignity, and worth of the human person, in the equal rights of men and women…’ the organisation has over the years put in place measures to tackle the issues of discrimination and violence against women in order to protect the rights of women. Notable among such measures is the adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the establishment of a committee of experts to monitor the implementation of the Convention in the members States. The aim of this article is to discuss the role of the UN in the elimination of discrimination and violence against women. It will also appraise relevant international instruments designed to protect the rights of women globally and at regional levels. The study adopts the doctrinal research method by with legal instruments and case law as the primary sources of data, and textbooks, journal articles and the Internet as the secondary sources of data.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131299468","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}
Awareness of mental health is gradually gaining prominence around the globe as many people are beginning to speak up. Some persons suffering from these illnesses have reduced their encounters into books which have further been translated into movies and plays. Attention to mental health is now on the rise as Non-Governmental Organizations NGOs) are supporting the cause, laws, and policies are being put in place to promote mental wellbeing. The work brought about the enlightenment of the legal approach to mental health in Nigeria and the Netherlands, to ensure that more people are well-informed and aware of how the wrong attitude to mental health can pose a great challenge to the cause, and to adopt a more advanced and working system for a better mental health approach in Nigeria. The paper adopted the doctrinal method of research and made use of primary and secondary sources of materials. The legal approach to mental health in Nigeria is developing slowly as there is a considerable distance in the level of awareness, response, and treatment of mental health and wellbeing of most people in Nigeria. The paper concluded that there is a need for mental health policies in Nigeria to be in line with World Health Organization (WHO) guidelines especially the creation of mental health courts and adequate budgetary allocation for mental health facilities and service providers. It is recommended that for Nigeria to guarantee the highest standard of mental and physical well-being for its populace, the WHO guidelines must be adhered to.
{"title":"Comparative Analysis of the Legal Approach to Mental Health in Nigeria and Netherlands","authors":"I. Viko, Queen Essien","doi":"10.56284/tnjr.v16i1.13","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.13","url":null,"abstract":"Awareness of mental health is gradually gaining prominence around the globe as many people are beginning to speak up. Some persons suffering from these illnesses have reduced their encounters into books which have further been translated into movies and plays. Attention to mental health is now on the rise as Non-Governmental Organizations NGOs) are supporting the cause, laws, and policies are being put in place to promote mental wellbeing. The work brought about the enlightenment of the legal approach to mental health in Nigeria and the Netherlands, to ensure that more people are well-informed and aware of how the wrong attitude to mental health can pose a great challenge to the cause, and to adopt a more advanced and working system for a better mental health approach in Nigeria. The paper adopted the doctrinal method of research and made use of primary and secondary sources of materials. The legal approach to mental health in Nigeria is developing slowly as there is a considerable distance in the level of awareness, response, and treatment of mental health and wellbeing of most people in Nigeria. The paper concluded that there is a need for mental health policies in Nigeria to be in line with World Health Organization (WHO) guidelines especially the creation of mental health courts and adequate budgetary allocation for mental health facilities and service providers. It is recommended that for Nigeria to guarantee the highest standard of mental and physical well-being for its populace, the WHO guidelines must be adhered to.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"22 6S 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133133025","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}
A father, as the parent of a child, maybe a biological, foster, adoptive, stepfather, or even a grandfather. He may also be the one who has legal custody of the child and may or may not be resident in the same state as the child. In essence, anyone can father a child, but it does not end there because every father has an important role to play in a child’s life. Fathers are specifically assigned legal responsibilities toward their children. This ranges from the provision of physical and mental support to psychological and financial support, among others. Unfortunately, in recent times, the role of fathers is fast becoming an abandoned trend with several fathers not living up to their legal responsibilities. The aim of this research is to examine whether there are legal obligations of a father toward a child under the Child’s Right Act. This research discovered that there are legal obligations for fathers as imposed by the law. However, some fathers fail to fulfil their responsibilities towards their children despite the provisions of the law. This research adopts the doctrinal research methodology.
{"title":"Legal Responsibility of a Father towards a Child under the Nigerian Child’s Right Act of 2003","authors":"I. Enemo, Portia Chigbu","doi":"10.56284/tnjr.v16i1.11","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.11","url":null,"abstract":"A father, as the parent of a child, maybe a biological, foster, adoptive, stepfather, or even a grandfather. He may also be the one who has legal custody of the child and may or may not be resident in the same state as the child. In essence, anyone can father a child, but it does not end there because every father has an important role to play in a child’s life. Fathers are specifically assigned legal responsibilities toward their children. This ranges from the provision of physical and mental support to psychological and financial support, among others. Unfortunately, in recent times, the role of fathers is fast becoming an abandoned trend with several fathers not living up to their legal responsibilities. The aim of this research is to examine whether there are legal obligations of a father toward a child under the Child’s Right Act. This research discovered that there are legal obligations for fathers as imposed by the law. However, some fathers fail to fulfil their responsibilities towards their children despite the provisions of the law. This research adopts the doctrinal research methodology.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131927427","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 dire need to expand the frontiers of the enforcement mechanism of the rules of international humanitarian law through the Agencies of the United Nations has for ages been of global concern. Driven primarily by efforts to enforce and promote the rules of international humanitarian law, there is a need to develop measures capable of promoting the rules of international humanitarian law through the agencies of the United Nations (UN). The objective of this paper is to analyze and establish that expanding the frontiers of the enforcement mechanism of the rules of international humanitarian law through the agencies of the UN bordering on individual or state responsibility will further strengthen the low level of enforcement of these rules. However, this paper noted that there is a significant enforcement gap both at the regional and international levels. Further, this paper argues that in other to guarantee a high level of enforcement of these rules both at the regional and global levels, a more integrated approach to the role of non-governmental organizations is capable of addressing the enforcement gap of the rules of international humanitarian law. This paper adopts a diagnostic approach based on a review of literature, which is achieved by the synthesis of ideas. This paper concludes with recommendations among others that in order to boost the purpose for which the rules of international humanitarian law were made the level of enforcement of these rules should be expanded to fill the enforcement gaps at the domestic, regional, and international levels.
{"title":"Evolving Roles of the United Nations Agencies on the Implementation Mechanisms of the Rules of International Humanitarian Law","authors":"U. Nnawulezi, Kelechi Onyegbule, Charis Ukanwa","doi":"10.56284/tnjr.v16i1.12","DOIUrl":"https://doi.org/10.56284/tnjr.v16i1.12","url":null,"abstract":"The dire need to expand the frontiers of the enforcement mechanism of the rules of international humanitarian law through the Agencies of the United Nations has for ages been of global concern. Driven primarily by efforts to enforce and promote the rules of international humanitarian law, there is a need to develop measures capable of promoting the rules of international humanitarian law through the agencies of the United Nations (UN). The objective of this paper is to analyze and establish that expanding the frontiers of the enforcement mechanism of the rules of international humanitarian law through the agencies of the UN bordering on individual or state responsibility will further strengthen the low level of enforcement of these rules. However, this paper noted that there is a significant enforcement gap both at the regional and international levels. Further, this paper argues that in other to guarantee a high level of enforcement of these rules both at the regional and global levels, a more integrated approach to the role of non-governmental organizations is capable of addressing the enforcement gap of the rules of international humanitarian law. This paper adopts a diagnostic approach based on a review of literature, which is achieved by the synthesis of ideas. This paper concludes with recommendations among others that in order to boost the purpose for which the rules of international humanitarian law were made the level of enforcement of these rules should be expanded to fill the enforcement gaps at the domestic, regional, and international levels.","PeriodicalId":326636,"journal":{"name":"The Nigerian Juridical Review","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129635008","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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