LexScriptio A Journal of the Department of Jurisprudence and Public Law
Welcome to the LexScriptio, an online journal of the department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, Malete, Kwara State, Nigeria. This online is dedicated to providing insightful and innovative ideas from various areas of study of Law. Our journal aims to bring together researchers, scholars, and experts to share their respective knowledge in a bid to contribute to the advancement of their respective ideas in the areas of law. ISSN: 3043-4548
Deptartment of Jurisprudence & Public Law, Faculty of Law, Kwara State University, Malete
THE IMPACT OF OIL SPILLS ON FOOD SECURITY: ADDRESSING NIGERIA’S LEGAL AND INSTITUTIONAL FRAMEWORK
Oil pollution is one of the most pressing environmental challenges in Nigeria, particularly in the Niger Delta, where crude oil exploration and production have led to widespread land and water contamination. This environmental degradation has had severe socio-economic consequences, particularly in food security. Farmers and fishermen, who rely on natural resources for their livelihoods, face declining yields, soil infertility, and the destruction of aquatic habitats due to frequent oil spills. The pollution of water bodies and farmlands has resulted in reduced agricultural productivity, increased food prices, and heightened economic hardship for affected communities. The paper adopts doctrinal method of legal research in examining the existing legal and institutional framework for control of oil spillage in Nigeria. The paper finds that despite the existence of regulatory frameworks such as the Petroleum Act, the National Oil Spill Detection and Response Agency (NOSDRA) Act, and the Oil Pipelines Act, weak enforcement has allowed oil companies to evade accountability. Regulatory agencies such as NOSDRA and the National Environmental Standards and Regulations Enforcement Agency (NESREA) face significant operational challenges including inadequate funding, lack of independence, and overlapping mandates that hinder effective oversight of oil pollution. Moreover, the exclusion of NESREA from monitoring activities within the oil and gas sector further weakens environmental governance. The paper recommends that legal reforms are necessary to impose stricter penalties for oil spills, enhance the independence of regulatory bodies, and recognize food security as a justiciable right under Nigerian law. The paper recommends further that the government must mandate oil companies to contribute to an environmental remediation fund, promote sustainable agricultural practices, and empower local communities to participate in environmental monitoring. The paper also recommends strengthening of the Nigerian environmental laws and policies as crucial way to mitigate the impact of oil pollution on food security and ensuring sustainable development in oil-producing regions.
Copyright (c) 2025 LexScriptio A Journal of the Department of Jurisprudence and Public Law
THE LEGALITY OF THE NATIONAL HEALTH INSURANCE SCHEME FOR NIGERIAN MUSLIMS
Human life faces challenges) and health is not left out. It suffices to say that life and health are inseparable twins. Protection of human life should be prioritized by giving special attention to health, this is because if health is challenged, medical attention becomes essential, and as such, requires finances. National Health Insurance Scheme (NHIS) was established to facilitate quality and cost-effective health care services(s). Notwithstanding the importance of this scheme, its legality under the Islamic Law is challenged, and this has militated against its acceptability among some Muslim Scholars, because Muslims' acts and involvements are guided by the Islamic Law and the operation of (NHIS) is partly inconsistent with the Islamic Law. The article investigates the operational aspect of (NHIS) that are in contravention of the Islamic Law, it analyzes the mode of operation of the Islamic Health Insurance (Takaful).It gives insight on Islamic law compliant Health Insurance (Takaful) and creates awareness of the Islamic Health Insurance (Takaful), proposing Tabarru’ and waqf as viable Islamic tools to sustain health insurance in Nigeria. To achieve this, the doctrinal research method has been adopted, wherein literatures were consulted and reviewed, the result is to divulge the inconsistency of the National Health Insurance Scheme (NHIS), with Islamic Law, intimate the Muslim majority of the benefits in Islamic Health Insurance (Takaful).
THE DOCTRINE OF ADVERSE POSSESSION IN MODERN PROPERTY LAW: A REASSESSMENT
Adverse possession is a legal doctrine that permits a trespasser to acquire title to land by continually occupying it for a prolonged period, usually twelve years, without the authorisation of the land owner. This doctrine occurs when a stranger takes over land he does not own. This situation of possession can happen intentionally or unintentionally, with a squatter or trespasser occupying the land, such as when someone unknowingly encroaches on the land of his neighbour. This doctrine has become rooted in the property law of many jurisdictions. Still, modern intricacies are challenging this age-long rule in a bid to balance the competing interests of adverse possessors and true owners. Against this background, this paper examines the theoretical underpinnings of adverse possession, the evolution of the doctrine through case law and statutory limitations, and the modern challenges and criticism of adverse possession. It renders policy reforms as recommendations for the modification of the doctrine or total expulsion from the realm of modern property law. The paper accentuates the contemporary realities of absentee landlords or land owners and as part of its findings, contends that the social policy considerations of adverse possession are contrary to fairness and justice and tantamount to enabling land grabbing. The article recommends the remedy of compensation for the landowner or abolition of title to land through adverse possession as done in Singapore.
TOWARD AN EFFICIENT DOMESTIC LEGAL FRAMEWORK FOR IMPLEMENTING THE AFCFTA PROTOCOL ON INTELLECTUAL PROPERTY IN NIGERIA
In 2024, the State Parties to the African Continental Free Trade Area (AfCFTA) Agreement adopted the Protocol on Intellectual Property Rights. It seeks among others, support intra-Africa trade, promote African innovation and creativity and deepen intellectual property culture in Africa, promote coherent intellectual property rights policy in Africa; contribute to the promotion of science, industrialisation, services, investment, digital trade, technology, and technology transfer, and regional value chains; promote a harmonised system of intellectual property protection throughout the continent, support and promote creative and cultural industries, contribute to access to knowledge; and support public health needs and priorities of State Parties. The creative and tourism industries are ready to contribute and estimated $100 billion and over 2 million jobs to the Nigerian economy, this is in addition to potential contributions of non-technological and technological innovations to the economy. If strategically aligned, intellectual property rights protection can foster innovation, expand production and increase the contribution of these industries and innovation to the Nigerian economy while increasing Nigeria’s share of the AfCFTA market. Adopting a doctrinal approach, this paper reviews the AfCFTA Protocol on Intellectual Property Rights, analyses the legal framework within which the AfCFTA Agreement will be applied in Nigeria, identifies gaps that could impede implementation, and recommends options for alignment.
SUSTAINABILITY OF SUKUK (ISLAMIC BOND) AS FINANCING INSTRUMENT FOR BRIDGING INFRASTRUCTURAL DEFICITS IN NIGERIA
Sukuk has become a viable financial instrument to reduce infrastructural deficit or the number of abandoned projects in the global capital market across the whole world. Recent situations reveal that the financial instability and inadequacy of funding at the disposal of the government to provide good facilities and maintain them are the major factors that heavily contributes to the infrastructural deficits in Nigeria. This calls for the pressing need to handle the situations. Adopting a doctrinal method, the paper reviewed and extensively analyzed the existing works on sukuk as being currently practised in Nigeria. The paper addressed the sustainability of sukuk as one of the alternative sources of funding in bridging the infrastructural deficit in Nigeria. The paper examined the challenges in the practice adoption sukuk in Nigeria. The paper recommends, among others, that if sukuk regime gains wider acceptance in Nigeria by tackling all the highlighted challenges, it will enhance the infrastructural development in the country.
RIGHT TO EDUCATION OF THE GIRL CHILD AND PRACTICE OF CHILD MARRIAGE IN NORTHERN NIGERIA: CHALLENGES AND WAY FORWARD
Child marriage is a perennial problem that is common and peculiar in Northern Nigeria with attendant increase in number of out of school girls. Efforts are made to contain the trend of child marriage as can be gleaned from the enactment of Child’s Right Act which prohibits child marriage. However, Child Right Laws in most states of the North seem to permit child marriage where the child has attained puberty. Out of several options that are been considered as possible solutions to the problem of child marriage, the strategy that seems to have agitated the international community, government and other stakeholders is free and compulsory education of the girl child. This paper adopted doctrinal method of research to examine the practice of Child marriage and how compulsory education impacts practice of child marriage in the North. Thus, the research question was, what is the best way forward for addressing the prevailing culture of marriage with children in Northern Nigeria? This paper has found that some legislation and customs seem to permit child marriage and betrothal despite the acclaimed right of the girl child to free, and compulsory education, and the International legal instruments which do not permit child marriage. More so, the problem of marriage with a child requires a multi- faceted approach rather than the compulsory education approach which seems restrictive. Thus, it has been recommended that the Child Right Laws of the Northern states should be amended to clearly prohibit child marriage in the North, and proscribe customary practices that promote marriage with a child.
THE TAX REFORM BILL AND THE NIGERIA REVENUE SERVICE: NEEDS, NECESSITY AND NATIONAL INTEREST
On October 3, 2024, the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, transmitted to the National Assembly, the Tax Reform Bill for consideration. The Tax Reform Bill comprising Nigerian Tax Bill (NTB) 2024; the Nigerian Tax Administration Bill (NTAB) 2024; the Nigeria Revenue service Establishment Bill (NRSEB) 2024, and the Joint Reserve Board Establishment Bill (JRBEB) 2024 seeks to consolidate multiple Tax laws in Nigeria into a single Act, thereby promoting efficient tax administration. The Nigeria Tax Bill vests upon the Nigeria Revenue Service powers to collect all national taxes, including royalties which is being collected by the Nigerian upstream Petroleum Regulatory Commission (NUPRC) and excise duties, import VAT etc. which is being collected by Nigeria Customs Service. This paper examined the need, necessity and the national interest of the bill, the prospects and the pitfalls of a single tax net for Nigeria. This paper finds that the imperfect nature of our current tax administration has made this reform not only a need but a necessity to promote National interest. This paper noted that there are surmountable challenges no doubt, but the payoff outweighs the challenges. This paper employs a doctrinal method of legal research which involves desk and library research. among others a strategic public awareness of the importance of the bill and massive investment in technology to actualize the lofty objective of the bill.
PERCEPTIONS OF JUSTICE BY VICTIMS OF SEXUAL VIOLENCE IN NIGERIA
The experience of being sexually violated is traumatic enough, but for many victims, approaching the criminal justice system in pursuit of justice for the violation of their right to dignity becomes a second trauma. While legal and institutional frameworks exist to punish offenders and provide protection for the victims, the realities of accessing justice with ease remain deeply flawed. The perception of justice by victims is not only shaped by outcomes but starts from their initial contact with the police, who are the gatekeepers of the criminal justice system. Furthermore, how societies respond to their disclosure is also essential. Understanding this perception is vital for a justice system that is fair and just. This article aims to explore how victims of sexual violence perceive justice within institutional and legal frameworks and whether the responses meet their needs and expectations. Using a doctrinal approach, a careful examination of various factors is needed to assess the adequacy or inadequacy of the existing legal framework. Findings revealed that multiple factors, including societal attitudes, cultural beliefs, support services, and the duration of the trial process, shape victims' perceptions of justice. In conclusion, the adversarial system of adjudication, which limits victims’ participation, usually fails to meet their expectations. It is recommended that to improve on the gap in the justice system, there is a need for reforms and provision of various guidelines, improved victim support services, establishment of more specialised courts for sexual offences, creation of continuous public awareness, and education for victims on what to expect as they navigate the justice system. Once victims are recognised, their voices are heard for the crime committed against them. Through this, the justice system establishes an equitable system that supports victims.
LEGAL CONTROL OF WATER RESOURCES IN NIGERIA: , POLICY ISSUES AND CHALLENGES
Water is the only substance found on the earth naturally in three forms solid, liquid and gas. Water is a remarkable substance. Although a simple compound, it shrouds two-thirds of the planet, caps the poles and pervades the air we breathe. It is the genesis of and the continuing source of life. Without water, humankind - indeed all forms of life on earth - would perish. Important though this substance is its preservation has been treated with complacency as well as its availability denied where urgently required. An appreciation of water as key to environmental health and as a commodity that has real value will no doubt enhance a better management and provision of water. This paper considered the historical review of water resources development in Nigeria and adopted doctrinal methodology to undertake the research study, which includes relevant laws, cases, legal literatures, internet materials, etc. This paper found that the availability of the legal measures put in place by the government or regulating authorities in controlling water resources in Nigeria are inadequate leading to several challenges. It concluded that the low service level of water accounts for why water borne diseases are prevalent sometimes to epidemic scale and food shortages. The way forward is proffered through necessary recommendations.
Keywords: Nigeria, Watercourses, Water Resources, Riparianism and Riparian Rights
LEGAL MEASURES TOWARDS REVERSING NIGERIA’S EPILEPTIC POWER SUPPLY
This study examines efforts deployed by successive governments in Nigeria towards reversing power epilepsy militating against the country’s growth and development. These efforts geared towards achieving electricity security (availability, accessibility, affordability and reliability of electricity supply) have been largely ineffective due to continuous disregard of the constitutional provisions governing electricity management and control. Although, previous studies focused on adequacy of investment as panacea to achieving stable supply of electricity, however, the role of law in bringing desired change in the Nigerian Electricity Supply Industry (NESI) has not been adequately investigated. This study appraised how continuous disregard of the Basic Norm (Constitution of the Federal Republic of Nigeria, 1999) is impacting the realisation of electricity security in Nigeria. Hans Kelson’s Pure Theory of Law provided framework of this study, while doctrinal method was adopted. Notwithstanding state actors’ humongous spending on fixing power epilepsy in NESI, security of electricity supply still eludes Nigerians. Legislation governing reforms in NESI has been ineffective due to a centralised governance structure contrary to the 1999 Constitution (as amended). Certain provisions in the Electricity Act, 2023 conflict with extant provisions of the 1999 Constitution thereby inhibiting the fruit of uninterrupted supply of electricity that Rule of Law has to offer. Stakeholders in the Nigerian Electricity Supply Industry should play by the Basic Norm in order to successfully address the perennial problem of power epilepsy in Nigeria.
LEGAL ANALYSIS OF FOOD FRAUD AND ELDERLY CONSUMER PROTECTION IN NIGERIA
Food fraud has emerged as a critical concern, particularly affecting the vulnerable elderly population in Nigeria. This article examines the effectiveness of legislative frameworks including the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Competition and Consumer Protection Commission (FCCPC), and the National Policy on Ageing (2021) in protecting elderly consumers from fraudulent food practices. The research employs a mixed-methods approach combining legal document analysis, thematic review of reported food fraud cases and qualitative assessment of enforcement mechanisms. The study surveyed 1,250 elderly consumers (aged 65+) across six geopolitical zones of Nigeria, with stratified sampling ensuring representation from both urban centres (60%) and rural communities (40%). Additionally, 45 in-depth interviews were conducted with regulatory officials across Lagos, Abuja, Kano, and Enugu. The findings reveal a 30% increase in food fraud incidents over the past four years, with elderly consumers being twice as likely to fall victim compared to the general population due to factors like diminished sensory capabilities, fixed incomes, reduced digital literacy, and age-related health conditions. The research supports the need for enhanced mechanisms, improved coordination between regulatory bodies and targeted protection measures for elderly consumers.
LEGAL MEASURES FOR EFFICIENCY TO COUNTER INSIDER THREAT IN AVIATION SECURITY IN NIGERIA
The Nigerian Civil aviation industry faces significant security challenges, including the threats posed by insiders. These include airline employees, airport staff and contractors having authorized access to sensitive areas and system, making them potential security risk. In recent times, there are recorded instances of insider threat militating against efficient and virile aviation industry in Nigeria. One of the instances occurred in November 2022, where security screeners and immigration personnel at Murtala Mohammed International Airport Lagos were reported to have planted drugs in passengers’ luggage to demand bribes. The same airport, has a high number of stowaway incidents, which aviation security experts attributed to frequent security breaches due to possible collaboration. The paper adopts a mixed method approach, combining surveys, interviews and case studies to gather data from aviation security experts, airline employees and airport staff. The paper examines the insider threat phenomenon in the Nigerian civil aviation industry and identifies key motivators for insider threats, which include financial gains, ideological extremism and revenge. It also highlights vulnerability in current security framework including inadequate background checks, non-implementation of strict access control and insufficient training. Consequently, the study recommends a multi-faced approach to mitigating insider threats, including conducting regular background checks, implementing strict access control, regular training and awareness programs, improved access control measures. The work specifically suggests the implementation of mitigation measures such as increased monitoring and proactive efforts on security awareness training to safeguard airport resources and the travelling public against acts of unlawful interference which will usher in a regime of responsive aviation governance for sustainable development in Nigeria.
LEGAL AND ETHICAL FRAMEWORK OF ISLAMIC LAW ON THE CONTEMPORARY ASSISTED REPRODUCTIVE TECHNOLOGY
The act of reproduction is a fundamental aspect of human existence shared universally among people regardless of religious, cultural, or social backgrounds. Childlessness is frequently stigmatized globally and can result into significant social distress for couples and especially the woman folk. In response to infertility, many individuals seek assistance through scientific methods, especially in developing nations where such resources may be limited. The use of scientific means to enhance fertility is a contemporary topical issue that cannot be overemphasized. According to the European Society for Human Reproduction and Embryology, more than eight million babies have been born through the Artificial Reproductive Technology (ART) worldwide in the last 30 years. Islam acknowledges infertility as a challenge and permits seeking lawful remedies in accordance with the Islamic principles. This paper explores the various options available to couples seeking assisted reproduction and delves into the Islamic viewpoint on different Assisted Reproductive Technologies (ART), aiming to discern the permissibility and limits of these technologies under Islamic law. This study employs a doctrinal research method with reliance on the existing literature and analysis of the Holy Qur’an and Sunnah. The paper recommends that before pursuing ART, Muslim couples should seek knowledge of Islamic law to determine which methods align with the Islamic principles and values. The paper concludes that ART is permissible and encouraged; but only within the context of a valid marriage between a husband and wife; and solely during the duration of their marital contract within the context of Islamic legal framework and ethics
INTERNATIONAL ABDUCTION OF CHILDREN BY PARENTS: A CALL FOR LEGISLATIVE ACTION IN NIGERIA
Marriages could break down irretrievably. The eventual residence of the children of broken marriages is usually contested. A major concern in divorce proceedings is the custody of children. Custody is usually awarded to either party on agreed terms, with the court giving attention to the best interest of the children. Parties are not denied access to the children except the court believes such access would not be in the best interest of the children. Thus, the situation presented by the abduction of children by one party is one of utter disregard for law and order and an infringement on the inherent rights of the other party. This paper examined the Hague Convention on Civil Aspects of International Child Abduction 1980, which is the international legal framework put in place to protect and ensure that children abducted by a parent and taken to another country are returned to their habitual residence. The paper also considered the United States of America and Australia, which have enacted local legislation that deals with the international abduction of children by parents. The paper identified that Nigeria has not acceded to the Hague Convention. It was also discovered that, unlike the United States of America and Australia, Nigeria has no specific legislation that deals with the international abduction of children by parents. Suggestions that Nigeria should take legislative action by enacting local legislation to address international abduction of children by parents and ratifying and domesticating the Hague Convention.
GREEN FINANCING AND POLICY SUPPORT FOR SUSTAINABLE TOURISM INITIATIVES IN NIGERIA
Sustainable tourism plays a vital role in addressing pressing global challenges such as climate change, biodiversity loss, and economic instability. This paper explores the importance of green financing and supportive policies in fostering sustainable tourism initiatives. It highlights mechanisms like green bonds, biodiversity-focused investments, and policy incentives that are instrumental in minimising the ecological footprint of tourism while simultaneously generating economic advantages. The research identifies key challenges faced by the sector, including limited access to financing, inconsistencies in regulatory frameworks, and gaps in technical expertise. The paper proposes strategic solutions to address these issues that foster collaboration among various stakeholders, including governments, financial institutions, and local communities. The study focuses on how financial strategies can turn tourism obstacles into opportunities for environmental and social advancement. It emphasises the need for eco-friendly tourism practices that not only yield profits but also deliver social benefits. By assessing funding mechanisms and policy frameworks that engage diverse stakeholders, the research aims to promote authentic sustainability. The investigation reveals that innovative financing and supportive policies can enhance sustainable development initiatives by addressing both environmental and social dimensions. However, it also underscores challenges such as policy fragmentation and the risk of "greenwashing." The paper advocates for synchronised global policies and active local engagement to overcome these hurdles. Ultimately, it suggests actionable recommendations for enhancing green financing and adaptive policies that facilitate collaboration among all parties involved. This cohesive approach aims to transition the tourism sector from merely sustainable to regenerative, fostering ecosystem vitality and community development. The proposed model is adaptable across various industries striving for economic growth alongside environmental sustainability.
ECONOMIC VIABILITY AND COMPLIANCE WITH NIGERIAN LAWS OF ISLAMIC BANKING IN NIGERIA AMIDST MISCONCEPTIONS
Islamic banking, a non-interest financial system rooted in Sharia principles, has gained significant traction in Nigeria over the past two decades. Emerging as a viable alternative to conventional banking, it aims to promote ethical finance, financial inclusion, and socio-economic development. However, its growth has been met with widespread misconceptions, ranging from its perceived exclusivity to Muslims to doubts about its economic viability, compliance with Nigerian laws, and operational transparency. These misconceptions have not only shaped public perception but also hindered the broader adoption of Islamic banking products and services. This article using qualitative legal analysis method examines misconceptions surrounding Islamic banking, evaluates legal frameworks, and assesses operational models through literature review and case studies. By analyzing legal frameworks, such as the Central Bank of Nigeria’s guidelines and the Banks and Other Financial Institutions Act (BOFIA), the study establishes the legitimacy and regulatory compliance of Islamic banking. Furthermore, it evaluates operational models, including profit-and-loss sharing (Mudarabah) and asset-backed financing (Murabaha), to demonstrate their economic viability and alignment with global best practices. The socio-economic impacts of Islamic banking are also assessed, highlighting its role in fostering financial inclusion, supporting small and medium enterprises (SMEs), and promoting ethical investment. The study reveals that Islamic banking is not only inclusive and accessible to all, regardless of religious affiliation, but also contributes significantly to Nigeria’s financial inclusion goals and economic development. To address persistent misconceptions, the article concludes with actionable recommendations, including public education campaigns, enhanced regulatory clarity, and proactive stakeholder engagement.
EXAMINATION OF THE LEGAL FRAMEWORK ON TRANSNATIONAL HUMAN TRAFFICKING IN WEST AFRICA: A CALL FOR ECOWAS INTERVENTION
Human trafficking is on the increase in west Africa. The upward swing in the menace of human trafficking is a function of a cynical exploitation of the legal regime of the Economic Community of West African States (ECOWAS) on free movement of persons and goods by transnational organised criminal groups as well as other socio-economic factors. The major objective behind the creation of ECOWAS was the attainment of sub-regional integration through the free movement of people and trade. This paper examines the legal framework for combating the human trafficking in the ECOWAS sub-region and finds that there is a dearth of enforceable community-wide legislation on human trafficking. The lack of criminal jurisdiction in the ECOWAS Community Court leaves human trafficking which is a transnational crime to the exclusive jurisdiction of municipal courts. The paper argues that the municipal institutions are ill-equipped to tackle crimes of an international character like human trafficking. Municipal law enforcement and judicial structures are limited by the intricacies of conflict of laws and operational constraints like extraditions and other procedural hamstrings to the successful prosecution of transnational criminal suspects. The paper points out that the absence of a pan-ECOWAS legal framework to combat human trafficking is an enabler of the menace as criminals may take refuge in one member state while orchestrating criminal activities in other states. The paper calls for the adoption of a comprehensive ECOWAS protocol on transnational crimes including human trafficking.
DATA PROTECTION LAWS IN NIGERIA: THE IMPACT OF AI AND TELECOM REGULATIONS ON E-COMMERCE SECURITY
The growth of e-commerce in Nigeria has raised significant concerns about data protection. Data protection is the process of protecting sensitive information from being loss, damage, corrupt or tamped with. AI presents novel opportunities for innovation and tackling inefficiencies in several sectors of the Nigerian economy. However, its proliferation may result in a plethora of concerns if not developed and deployed within the bounds of law and ethics. This paper explores the pivotal role of AI in enhancing and balancing the growth of e-commerce data protection in Nigeria. As digitalization accelerates across various sectors, the need for robust data protection mechanisms has become paramount. This article adopted doctrinal research methodology, primary and secondary sources of information were relied upon. This paper therefore examines the impact of artificial intelligence (AI) and telecom regulations on e-commerce security in Nigeria, with a focus on data protection laws. We analyze the current data protection laws in Nigeria, identify the challenges and opportunities presented by AI and telecom regulations, and propose recommendations for relevant policymakers to strengthen regulatory mechanisms by ensuring they are equipped to handle the rapid evolution of AI within e-commerce sector.
CONFLICT ON THE CHOICE OF MARRIAGE AND THE EFFECTS ON THE DISTRIBUTION OF A DECEASED ESTATE IN NIGERIA AND SOUTH AFRICA
The delusion of the superiority of the English law over the Nigerian customary laws, with the belief that indigenous legal systems are uncivilized, primitive and inferior, are false. A nation’s legal system cannot be divorced from its social realities, norms, values and religions. Thus, it is unethical by way of legislation to force the values and faith of a nation on another. The problem of conflict of choice of marriage stems from the mindset that the English marriage system is superior to customary mode of marriage and succession in Nigeria. The need for legal reforms of indigenous legal system should not be borne out of a feeling of inferiority but a need to balance competing social interest on the scale of equity, non-discrimination and fairness. This paper adopts a doctrinal approach in analyzing rising conflicts in Nigerian legal pluralism in the choice of marriage and its effect on the distribution of a deceased estate who died intestate and the approach of the court in resolving such conflict by first determining the status of parties under a marriage system and the actual legal regime that should regulate their affairs, including intestate succession. This study compares the South African Marriage regime with that of Nigeria and seeks to draw lesson points which can aid Nigerian Courts in resolving rising conflicts.
COMPARATIVE ANALYSIS OF DEATH PENALTY LAWS IN NIGERIA, CHINA AND UGANDA
Conditions of correctional centers in Nigeria has over the years been of concern to relevant stakeholders. It is particularly demeaning for inmates on death row not only because of the poor custodial conditions, but also because of the self-imposed moratorium regime which makes execution very rare. Adopting the desk top research methodology, this paper attempts a comparative examination of the legal provisions and practice of the death penalty in Nigeria and China, an active death penalty country as well as Uganda with its judicial pronouncements on the application of the sentence. The paper highlights the constitutionality of the death penalty in the three countries, and examines the distinct features in the application of the laws.Nigeria amended its laws to move away from a punitive and retributive position to correction. It provides for the commutation of a death penalty after the inmate must have exhausted all his legal opportunities for reprieve after ten years. This is a far cry from Uganda that recommends a three-year period, considers the mandatory death penalty unconstitutional and is tilting more towards becoming an abolitionist country. Although China remains an active retentionist country, its law and practice remains unique in the practice of the suspended death sentence.The paper recommends that Nigeria reviews its laws and practice in line with other jurisdictions to achieve the observance of the rights of inmates on death row. It should also consider alternatives such as life imprisonment without the option of parole, life imprisonment not being the remainder of the life of the offender. While it is yet being practiced, death penalty should not be mandatory and correctional officers should be trained and retrained on international best practices in the treatment of inmates on death row. The self-imposed moratorium regime should be reconsidered considering that the death row phenomenon is in itself a breach of the fundamental rights of inmates on death row.
CORRUPTION AS AN IMPEDIMENT TO THE IMPLEMENTATION OF AFRICAN CONTINENTAL FREE TRADE AREA AGREEMENT AND AFRICAN TRADE: THE NIGERIAN PARADIGM
This study looks at corruption as an impediment to the implementation of African Continental Free Trade Area (AfCFTA) Agreement and African trade. The paper undertook an overview of the corruption in Nigeria. It also discussed the legal and institutional efforts to tackle the issue of corruption. It also appraised the challenges of corruption on trade in Africa, especially the AfCFTA. A doctrinal research method, relying on primary and secondary sources of data collection was used. The primary source comprised legislations (1999 Constitution of Federal Republic of Nigeria; Economic and Financial Crimes Act, 2004; Independent Corrupt Practices Commission Act 2004; Public Procurement Act, 2004 and a host of other transparency laws) and case law. The secondary source included textbooks, journal articles, newspapers, conference proceedings and the Internet sources. The study revealed that there is official corruption in Nigeria’s public life, capable of interfering with national development. It is also found that the challenges of official corruption have a deleterious effect on international trade, especially the trade in Africa. The legal and institutional frameworks in Nigeria are not robust and inadequate to curb official corruption, if weak implementation of the laws is not prevented. The study concluded that corruption is a major impediment to trade in Africa which needs to be curbed through stronger implementation of the domestic laws of the State Parties.
African Continental Free Trade Area (AfCFTA) Agreement
ARTIFICIAL INTELLIGENCE IN LEGAL EDUCATION: PERCEPTIONS OF EASE OF USE AND USEFULNESS OF CHATGPT AMONG UNDERGRADUATE LAW STUDENTS OF AHMADU BELLO UNIVERSITY, ZARIA
The use of Artificial Intelligence Chatbot, Chat Generative Pre-trained Transformer (ChatGPT) has gained popularity among students. This study used a descriptive survey design as the research was interested in both the idea and attitudes of respondents to explore the perceptions of ease of use and usefulness of the ChatGPT among undergraduate Law students of Ahmadu Bello University, Zaria, in their academic activities. The global integration of AI into various sectors, including education and law profession has shown it’s potential to transform the professional practices, and also raises concerns about job displacement and the overall impact on human interactions. The study employs the Technology Acceptance Model (TAM) to evaluate the students’ perceptions, focusing on the variables of perceived usefulness and perceived ease of use. A total of 1,799 Law students constitute the population of the study, while simple random sampling technique was adopted to obtain sample size. Data was collected through both printout and online Google form questionnaire to obtain data from the respondents. Also research questions were answered using descriptive statistics (Mean and Standard Deviation-SD) using a decision mean value of 2.50. The results showed that the majority of the students (74.45%) are aware of ChatGPT, even though, its level of usage varies significantly among them. However, the perceived ease of use of ChatGPT among the students was a generally positive. Furthermore, the students perceived ChatGTP usefulness as moderately in their academic tasks. This suggests its potential for broader application into both legal education and other academic fields.
AN EXAMINATION OF LEGAL PROTECTIONS AND RIGHTS GUARANTEED TO DEFENDANT IN THE NIGERIA CRIMINAL JUSTICE SYSTEM
The Nigerian criminal justice system is designed to uphold the legal protections and rights guaranteed to defendants, as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other relevant statutes. This paper examines the basic rights and protections guaranteed to the defendants which include the presumption of innocence until proven guilty, the right to a fair and public hearing by an impartial Court, the right to legal representation, and protection against self-incrimination. Additionally, defendants are entitled to be informed of the charges against them, to have adequate time and facilities to prepare their defense, and to examine witnesses. It also considers the legal framework safeguarding defendants' rights in Nigeria, The 1999 Nigeria Constitution, The Evidence Act, The Police Act, The Correctional Service Act, Administration of Criminal Justice Act (ACJA) 2015 which introduced significant reforms aimed at reducing delays in trials, preventing arbitrary detention, and promoting respect for human rights. Also, Legal Aid Act 2011, Anti-Torture Act 2017, African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 1983, International Covenant on Civil and Political Rights (ICCPR), Universal Declaration of Human Rights (UDHR). It identify some challenges by highlighting the gaps in implementation, overcrowded prisons, prolonged pretrial detention, limited access to legal aid/legal representation, Corruption and Abuse of Power, Judicial Delays, and systemic inefficiencies persist, undermining the full realization of these rights. It thus emphasizes the need for sustained judicial reforms, Strict Enforcement of Human Rights Laws, capacity building, Improved Legal Aid Services and public awareness to ensure that the principles of justice, fairness, and equity are upheld in the criminal justice system.
APPRAISAL OF THE TESTAMENTARY FREEDOM OF A TESTATOR UNDER ISLAMIC LAW: A COMPARATIVE ANALYSIS
Will (Bequest) is a branch of Islamic inheritance system which deals with the freedom of a testator dispose of his property. This study undertakes a comparative analysis of the testamentary freedom of a testator under Islamic law, wills laws and other jurisdictions of interest, examining the extent to which a testator can as of right dispose of his property upon death. The Islamic inheritance system, offers two major restriction to a testator when making a Will (bequest). A testator under Islamic inheritance law is restricted to dispose of his property to the maximum of 1/3 and he/she is not allowed to write a Will (bequest) in favour of his/her heirs so as to ensure the rights of legal heirs and other beneficiary are protected. The research work reveals a significant differences in the approaches of testamentary freedom. The Nigeria Wills laws, the Act and other administration of estates laws of some states allowed a testator with a testamentary as well as a complete freedom to dispose of all his property to anybody of his own choice. The testator’s powers are constructively truncated by certain customary laws and rules in Nigeria. A comparative understanding and examination of the laws of the United Kingdom, India, Ghana and some Arab nations, highlights the diverse ways in which testamentary freedom is regulated and balanced for the purpose of ensuring that a testator, adhered to the Will laws for the purpose of protecting all and sundry in the estate distribution and management. The research also contributes to a deeper understanding of the complexities of testamentary freedom and its implication for Muslim testators who live and die in an environment that the Islamic law of inheritance (Will) does not adhere to.
APPRAISAL OF WORKPLACE SEXUAL HARASSMENTS IN NIGERIA: THE INADEQUACY OF THE EXTANT LAWS
Allegations of Sexual harassments in public offices in Nigeria is recently taking a disturbing dimension, with highly placed public officials being indicted to the extent of demanding sexual gratification from their colleagues in return for lucrative assignments, recognition or viable posting among other reasons. Various laws were enacted to address various offences in Nigeria inclusive of sexual harassments. However, there is no single comprehensive national legislation that addresses workplace sexual harassment in Nigeria. There is as well, plethora of court decisions sanctioning the acts of workplace sexual harassment in Nigeria, but those decisions cannot be comprehensive and exhaustive as the enabling laws were also not comprehensive or exhaustive. This paper appraised various provisions of the laws of sexual harassment in Nigeria side by side with the recent allegations of sexual harassments in the Senate of the Federal Republic of Nigeria, as it particularly affects the integrity of the Public Service of the Federation.. This paper observed that the laws seeking to punish the acts of sexual harassment in Nigeria are inadequate, and it is accordingly recommended that a single national comprehensive legislation should be enacted to address the disquieting development of sexual harassment in Nigeria public offices. This paper seeks to address the question, why should the Senate insists on passing the Sexual Offences Bill into law in 2020 against the lecturers in the tertiary educational institutions in the country while there is a skeleton in their cupboard? This paper adopts the use of doctrinal method of research.
APPRAISAL OF THE PARAMOUNT INTEREST OF A CHILD AS PRECURSOR TO GRANT OF CUSTODY SHARI'AH (ةناضحلا ) OF A CHILD UNDER SHARI'AH
Custody (Hadana) in Islamic jurisprudence is primarily guided by principles derived from the Qur'an, Hadith, and juristic interpretations within the four major Sunni schools (Hanafi, Maliki, Shafi'i, and Hanbali), as well as Shia perspectives. In Islamic Family law, custody is usually granted to the mother; with whom it is believed the interest of the child would be best served, particularly during the child’s early years, emphasizing maternal care's importance in nurturing. Islamic law balances the rights and duties of both parents while prioritizing the child's best interests, a principle known as maslahah (welfare of the child). Therefore, father basically assume financial responsibilities and legal guardianships, overseeing matters relating to the child’s education, finances, and marriage arrangements. However, there are factors which may cause shift in custody ranging from such as the child’s age, the custodian’s ability to fulfill the child’s obligations, and circumstances that might be deemed harmful to the child's well-being. It must be noted however that Nigeria has numerous ethnic groups and customary laws vary broadly. Also, contemporary applications of custody in Muslim-majority countries vary, as interpretations of Islamic principles may integrate state laws, societal customs, and modern child welfare considerations. This paper through a doctrinal method appraises the provisions for child custody (Hadana) under the Shari’ah as affecting the Muslims’ children vis-à-vis how the interest of the children would be best served. The objective of this research is to sensitize many Muslim women who had little or no knowledge of their right to custody of their children. It was observed that though some Muslim women know their right to custody of their children but lack prerequisite power to fight for it when been overridden by men. Lastly, the paper concludes by making recommendations to Muslim women who may want to explore custody under Islamic law.
Copyright (c) 2025 LexScriptio-A Journal of the Department of Jurisprudence and Public Law
The Need for Legal Intervention in Addressing the Impact of Noise Pollution on Reproductive Health in Nigeria
Noise pollution, an escalating environmental issue, significantly impacts human health and performance. Urbanization and industrialization contribute to pervasive noise from traffic, machinery, and social activities. Noise, defined as unwanted or harmful sound, varies in its effects based on individual sensitivity and environmental context. Sounds exceeding 80dB are particularly disruptive. Noise pollution originates from natural sources, such as insects and weather, and manmade activities, including industrial operations and urban traffic. In Nigeria, inadequate urban planning and unreliable electricity supply, leading to widespread use of noisy generators, exacerbate the problem. Social and religious events further contribute to environmental noise, affecting urban dwellers' wellbeing. The consequences are extensive, impacting physiological, behavioural, cardiovascular, and mental health, leading to hearing loss, sleep disturbances, reduced concentration, and heightened stress. Vulnerable populations like children and the elderly are particularly affected. Wildlife and reproductive health are also adversely influenced, with noise linked to reduced fertility and adverse pregnancy outcomes. The National Environmental Standards and Regulations Enforcement Agency (NESREA) Act addresses noise pollution through standards and regulations, but enforcement is hindered by political interference and inadequate training. This article recommends that strengthening enforcement mechanisms and integrating noise pollution considerations into health policies are crucial for improving public health and environmental quality in Nigeria. Keywords: Noise, Noise Pollution, Environmental law, Environmental Agencies, Reproductive Health.
Copyright (c) 2024 LexScriptio A Journal of the Department of Jurisprudence and Public Law
The Deviance and Crime of Defilement of Girl-Child in Nigeria: Causes, Effects and Solutions
Girl-child, like her male-child counterpart, is a gift from God and deserves to enjoy the basic rights of life like every human being, in particular, the right to life and the right to dignity of human person notwithstanding her immaturity of the mind and body. However, while the girl-child is still going through her formative stages, she suffers sexual attacks from persons who should offer her protections. Such persons could include her father, persons who are as old as her great grandfather, close relation, neighbours or even total strangers. Apart from being the accepted norm of the Nigerian communities that defilement of girl-child is a deviance and the defiler, a deviant, the conduct has also been criminalised by the two principal penal laws in the country namely, the Criminal Code and the Penal Code. However, notwithstanding these formal and informal control of the deviant behaviour, girl-child continues to experience defilement in the hands of sex criminals. It then becomes necessary to interrogate the motivating factors behind the deviance of defilement of girl-child. Being a behavioural pattern, the paper examines the views of criminologists and criminal justice scholars to situate the possible causes of the deviant behaviour and why it continues to find its way into our daily life.The study adopts doctrinal methodology which reveals the general views of scholars that the deviance of defilement of girl-child could be the result of innate tendencies and societal influence and that it is not enough to criminalise the conduct through penal laws as it is presently the case, the legal framework needs to be complemented by the collective efforts of the government, the parents and the society.
Statelessness; A Reality or Illusion? Finding Answers in International Law
The issue of statelessness is a significant and concerning development within the realm of international law, albeit one that receives less attention. This phenomenon has the potential to be quite alarming and unacceptable, with catastrophic consequences that can only be imagined rather than experienced. Those affected by statelessness finds themselves vulnerable, lacking a secured statehood necessary to access their basic fundamental rights fully. Statelessness typically arises as a result of insecurity, instability, circumstances of birth and in rare cases actions taken by a state, which subsequently lead to lack of proof of nationality for the individual concerned. In this modern era individuals without a recognised nationality face increasing difficulty in functioning within the society. Stateless persons are extremely vulnerable and completely defenceless. The Convention Relating to the Status of Stateless Persons 1954 and the Convention on the Reduction of Statelessness 1961 both provided comprehensive provisions about the fundamental and inalienable rights of stateless persons within the territory of a contracting party that issignatory to the respective conventions. However,the question remains as to whether these international legal frameworks are adequate to address the issue at hand.
Rights of Employees and Workplace Discrimination Phenomenon in Nigeria: Lessons from United States of America
The rights of an employee are guaranteed and free from any form of discrimination. Despite the protection afforded by the relevant laws on labour, employment and productivity, some forms of discriminations still exist at the work place. The focus of this article is on the discriminations that inhere in employment and the rights of vulnerable individuals in the Nigeria workplace. The major objectives of this article is to identify the specific factors contributing to employment discrimination against vulnerable employees in Nigeria, such as age, gender, disability, ethnicity, religion and socio-economic background with a view to assessing the effectiveness of current measures and mechanisms in addressing employment discrimination in order to protect the rights of vulnerable employees in Nigeria. To achieve the aforementioned objective of the article, the doctrinal approach will be adopted. The authors will rely on texts, journal articles, case law, statutes, treaties and other international instruments on labour and employment in Nigeria with a view to drawing lessons from the United States of America. This article finds that vulnerable employees experienced discrimination in employment due to their personal characteristics such as race, ethnicity, gender, disability, age or sexual orientation. The article recommends the establishment of a dedicated body to investigate and resolve complaints of discrimination in employment at workplace in Nigeria. The article concludes that workplace discrimination is unhealthy and can affect the productivity of workers in Nigeria.