LexScriptio A Journal of the Department of Jurisprudence and Public Law
Welcome to the LexScriptio, an online publications of the department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, Malete, Kwara State, Nigeria. This online publication 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
Proceedings of Workshop on Incessant Kidnappings and Killings in Nigeria: The Role of the Government vis-à-vis the Nigerian Constitution
Globally, debates on human rights protection and enforcement occupy utmost discourse. The reason being that, the very essence of protecting and guaranteeing human rights is to accord the natural and needed dignity to man. Of the inexhaustible list of fundamental human rights recognised universally, the right to life appears to be fulcrum and the most important of all. In fact, without right to life, all other fundamental rights become meaningless. The growing and recurrent global debates are thus shifting attention towards the fact that protection of right to life is inadequate without enjoyment of basic amenities of life that come forth through the Economic, Social and Cultural Rights (ESCRs). Thus, despite the recognition of right to life the world over, the issue of incessant kidnappings and killings across the country has deprived one the enjoyment of the right to life and its amenities. It is in the spirit of contributing to effective policy formulation and proffering solutions on the issue of insecurity that has plagued Nigeria as a country that the Department of Jurisprudence and Public Law, KWASU, organised a one-day workshop to create a platform to facilitate and harness robust solutions towards curbing insecurity in the country. Also, to enlighten the relevant security and government agencies saddled with the responsibility of protection of lives and properties on possible solution against recurrent kidnappings and killings across the country and general public at large.
Department of Jurisprudence and Public Law
Copyright (c) 2025 LexScriptio A Journal of the Department of Jurisprudence and Public Law
X-RAYING THE RIGHTS OF AN UNBORN CHILD UNDER THE ENGLISH COMMON LAW: THE NIGERIAN EXPERIENCE
Major focus in the global discourse of rights have been on human rights. This presupposes the rights of persons who have been born alive. Little attention is paid to the rights of the unborn child under the common law jurisprudence. Hence, this paper is poised into making an enquiry into the rights of an unborn child under the English common law. In doing so, the study adopts the doctrinal method of legal research. The paper finds that there appears no consensus among scholars on when human life begins, while some opine that it is at birth, quickening is said to mark the beginning of life by some; the pro-life advocates opine that conception is the beginning of human life. The paper finds further that the underlying principle as regards the unborn child in Common law jurisdictions is the ‘born alive rule’ with an exception found in the American experience of the rule. The paper finds also that Nigerian constitutional provisions on the protection of human life vis-à-vis appropriate sanctions for violation are by extension applicable to an unborn child. The paper concludes that such rights can be overridden in the interest of the mother. The paper recommends legal jurisprudence expansion to harmonize various issues relating to the rights of an unborn child under the law.
IMPROVING THE INSTITUTIONAL AND LEGAL FRAMEWORKS FOR CONSUMER CREDIT IN NIGERIA FOR THE BENEFIT OF INDIVIDUALS AND SMALL & MEDIUM ENTERPRISES
Consumer credit which allows people to purchase goods or services before earning the money to pay for them, is a practice that has long been recognised as an essential tool for stimulating demand and providing comfort to people worldwide. It plays a vital role in developed economies by enabling individuals to access funds for consumption, education and emergencies, thus driving demand, production and economic growth. In Nigeria, the consumer credit landscape has expanded in recent years with increased participation from banks, microfinance institutions and financial technology (fintech) companies. However, the growth in Nigeria is hindered by structural challenges such as high interest rates, fragmented credit information systems, and limited consumer protection. Notably, Nigeria lacks a comprehensive legislative framework specifically addressing consumer credit unlike countries such as the United Kingdom. This article conducts a critical evaluation of the institutional and legal frameworks applicable to consumer credit in Nigeria with a view to addressing the shortcomings forestalling an effective consumer credit system, making recommendations for the improvement of the institutional and legal framework. The study adopts a doctrinal research approach, drawing on texts in primary and secondary materials, with appropriate references to experience on the subject in some jurisdictions where the consumer credit system has been developed to the benefits of economies and the people. The study finds that while multiple institutions are involved in the provision of credit to individuals and small and medium enterprises, the absence of unified regulation or legislation hampers effectiveness. The paper concludes that a consolidated consumer credit law, improved credit infrastructure and expanded access to credit are required to foster financial inclusion and economic resilience in Nigeria.
UNSEEN, UNHEARD: AN EXAMINATION OF NIGERIA’S RESPONSE TO MALE SEXUAL ASSAULT AND ITS HUMAN RIGHTS IMPLICATIONS
Sexual assault is an offence which has left many broken, battered, and traumatised. The law has strived in many aspects to protect victims of this offence and apprehend their respective perpetrators. However, this is not the case when the victims are male. A significant proportion of the population have been overlooked and left helpless in their pursuit of justice for the abuse they have suffered. In Nigerian society, where strength and stoicism are tied closely to masculinity, male victims have been frequently met with disbelief, stigma, or outright denial. This silence has extended into law, where the existing legal frameworks have historically struggled to recognise and respond to the realities of male sexual victimisation. The article thus, examined the legal and institutional barriers which have denied redress to these victims, sometimes deliberately, sometimes unknowingly. Despite legislative changes and procedural amendments, it was found that the Nigerian criminal law is still a long way from being all encompassing and gender-neutral in its provisions on sexual assault, especially when compared with what is attainable in other notable jurisdictions. It was also found that sexual assault is a serious breach of one’s fundamental human right, hence, recognising and protecting each one irrespective of their biological sex is not only a legal necessity, but a moral imperative of the Nigerian criminal justice system. This article, therefore, recommended urgent legal review, increased public education, and strengthened institutional support to break the silence surrounding male sexual assault, as well as to ensure justice for male survivors and thoroughly punish their violators.
THE ROLE OF BLOCKCHAIN IN SECURING ONLINE TRANSACTIONS
In today's digital era, online commercial transactions have become an integral part of global trade, reshaping traditional marketplaces through the power of the internet. However, the growth of e-commerce has come with serious concerns surrounding the security, transparency, and trustworthiness of transactions conducted virtually. A major challenge remains the vulnerability of centralized systems to fraud, data breaches, and manipulation. This paper critically examines the role of blockchain technology in securing online transactions, offering a detailed analysis of how its features such as decentralization, immutability, transparency, and automation through smart contracts address existing shortcomings in traditional e-commerce systems. The paper adopts a doctrinal research methodology, relying on secondary data from academic journals, textbooks, online articles, and relevant case studies to provide a comprehensive understanding of the subject matter. The core objective of this paper is to establish how blockchain enhances the safety and credibility of online transactions, thereby boosting consumer confidence in digital marketplaces. It also aims to clarify the public misconception that blockchain is synonymous with cryptocurrency, while emphasizing its broader applicability. Findings suggest that blockchain significantly reduces human error, eliminates the need for third-party verification, and ensures transaction integrity through a decentralized and tamper-proof ledger. Smart contracts further automate and enforce agreements without the need for intermediaries, making transactions faster, more efficient, and more secure. The paper recommends the adoption of blockchain infrastructure by major online platforms, the education of stakeholders on its uses beyond cryptocurrency, and the creation of supportive regulatory frameworks to govern its deployment. In conclusion, blockchain stands out as a revolutionary tool in securing online transactions, promising a future of safer, faster, and more transparent digital commerce.
FROM POLICY TO PRACTICE: ADDRESSING IMPLEMENTATION CHALLENGES IN THE ISPS CODE TO ADVANCE SDG 8
The International Ship and Port Facility Security (ISPS) Code, adopted under the auspices of the International Maritime Organization, represents a critical framework for safeguarding maritime facilities and operations from security threats. Beyond its security mandate, the effective operationalisation of the ISPS Code holds significant potential for advancing Sustainable Development Goal 8 (SDG 8) promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. This paper critically examines the extent to which Nigeria has operationalised the ISPS Code and identifies persistent implementation gaps undermining its efficacy. Drawing on legal analysis, policy review, and empirical findings from relevant maritime stakeholders, the study interrogates structural, institutional, and capacity-related challenges, including inadequate funding, limited technical expertise, weak enforcement mechanisms, and inter-agency coordination deficits. The analysis further explores the socio-economic implications of these shortcomings for the maritime workforce and broader economic productivity. The paper argues that closing these implementation gaps is imperative not only for enhancing maritime security but also for creating a safe, enabling, and productive work environment within the maritime sector. In conclusion, it offers policy recommendations for strengthening regulatory frameworks, capacity building, and stakeholder collaboration to align Nigeria’s ISPS Code implementation with the objectives of SDG 8.
ASSESSMENT OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ELECTRICITY GOVERNANCE AND CONSUMER PROTECTION IN NIGERIA
Constant electricity power supply is a major requirement for economic development of any country as it earns a high premium in enhancing the quality of life of the citizens. Over the years, Nigerians have endured electricity outages, notwithstanding attempts by successive administrations to regulate the power sector. Electricity supply has been underwhelming, with national grid breakdowns and system shutdowns becoming the new normal. The players in the sector have not been able to meet the nation’s growing demand for electricity for decades. Adopting the doctrinal research methodology, this article argued that despite Nigeria’s seeming abundance of natural resources, the country’s power sector is fraught with challenges, such as high tariff, inadequate consumer protection, financial incapacity, deficient regulatory framework, inadequate infrastructure, etc. The article also argued that the potential for economic growth is strictly inhibited by unreliable electricity supply, due to the gap between demand and supply. It found that most electricity consumers, particularly the low incomed are not conscious of their legal rights and the available mechanisms for redress. It also found that the Electricity Act (EA) 2023 aimed to arouse measures to improve power generation, transmission, and distribution capacity of the relevant players in the electricity industry, as well as provide for up-to-date standards in fast-tracking power generation by broadening the power sector to embrace renewable energy sources for sustainable energy transition. The article concluded that despite the provisions of the EA for facilitating public, private partnerships (PPPs), there is still the need for further improvements in the regulation to tackle Nigeria's tenacious electricity issues that supports the country’s economy outside oil and industrial sector.
THE ELECTRICITY ACT 2023: A GAME-CHANGER IN THE NIGERIA’S POWER SECTOR REFORM
This paper analyses the Electricity Act, 2023, with a view to detailing its novel provisions aiming at effective, sufficient and efficient power sector reform in Nigeria. The Act is aimed at a total overhauling and developing of the Nigeria power sector in a sustainable way in order to make the country meet its energy requirements and demands. Nigeria requires steady electricity supply for it to realise its goals towards a sustainable economic development. The reality on the ground is that the sector is in a big mess, ranging from very short supply, incessant power failures resulting into power unreliability and inadequate electricity generation. The country, with over 200 Million people, has just around 6000 megawatts of electricity supply, a situation closely linked to varying factors including transmission and distribution losses, generation constraints and load demand. Approximately 40% of the citizens lack access to electricity from the national grid. This translates to roughly 92 million people and this has brought about stagnation, with the country’s economy seriously affected. To reverse this trend, the country has, at different times, gone through legislation and regulatory adventures, with the latest efforts being the Electricity Act, 2023.
REVISITING CLASSICAL AND CONTEMPORARY CANONS OF TAXATION: AN ASSESSMENT OF THE NIGERIAN CORPORATE TAX SYSTEM
Taxation remains an indispensable instrument of governance and economic coordination. It serves not only as a means of revenue generation but also as a mechanism for redistribution and socio-economic development. Taxation system in Nigeria has been said to be combating several challenges. Thus, this paper revisits the classical and contemporary canons of taxation to assessing the Nigerian company taxation system. The paper adopts doctrinal method of legal research to interrogating the multifaceted concept of taxation by tracing its definitional complexities through dictionary meanings, case law interpretations, and scholarly perspectives. The paper explores the essential constituents of a good tax system and evaluates the enduring relevance of Adam Smith’s classical canons equity, certainty, convenience, and economy in the context of modern tax administration. The paper pays special attention to Nigeria’s corporate tax system by assessing its alignment with contemporary canons of taxation of neutrality, flexibility and administrative efficiency as refined by the Meade Committee. The paper interrogates the tension between theoretical ideals and applied fiscal policy to determining the feasibility of harmonizing the classical tax canons with the dynamic needs of emerging economies. The paper finds that while Nigeria’s tax framework nominally embraces these principles, practical implementation is undermined by legal ambiguity, perceived inequity, high administrative costs, and inter-agency disjunctions. The paper concludes that a principled, coherent, and context-sensitive tax policy is essential to fostering compliance, transparency, and sustainable economic growth in Nigeria. The paper proffers actionable recommendations aimed at simplifying legislation, enhancing equity, strengthening institutional coordination, and modernising administrative processes.
EXPLORING CONSIDERABLE FACTORS TOWARDS CHOOSING A GOOD RESEARCHABLE LEGAL TOPIC
Choosing a researchable topic is an inevitable point of call for any intending researcher. It is the foundation that dictates the trends throughout the study. However, the process of choosing a good researchable topic is herculean. This is because an intending researcher cannot afford to undergo certain systematic laid-down procedures. This has made most upcoming academic researchers run away from research activities. Against this backdrop, this paper examines the process of choosing a good researchable legal topic with sole reliance on the doctrinal method of legal research. The paper finds that a good research topic has certain characteristics such as being clear, straightforward, unambiguous and easily comprehensible; being tailored towards areas of interests and competencies of the researcher; not representing a moral, spiritual or esoteric situation etc. The paper finds further that factors for choosing a good researchable legal topic include FINE techniques and FRIENDS modes, amongst others. The paper reveals that generating ideas to choose a good researchable topic could be achieved vide attending viva, conferences, literature reviews, and brainstorming to mention but a few. The paper equally finds that certain tools could assist a researcher to achieve choosing a good researchable legal topic. These tools include selecting appropriate areas of research, replica study of the past related research, studying recommendations for future research etc. The paper finds also that the significance of choosing a good researchable legal topic is deeply rooted in its uniqueness and identity from the previous research in conformity with the rule against plagiarism. The paper finally finds that a good researchable legal topic is susceptible to changes, modifications and amendments depending on the developments and trends in the course of the research. The paper recommends constant and continuous engagement in research activities for the upcoming academic researchers to attain perfection.
REVIEW OF THE REGULATORY FRAMEWORK FOR TRADE LIBERALISATION AND TRANSNATIONAL COOPERATION IN NIGERIA.
Nigeria is one of the largest economies in Africa, with prospects for international trade and investments; and operating under the aegis of trade liberalisation as a national economic and investment policy. However, these potential are largely undermined by systemic policy failure, dysfunctional institutions and infrastructural deficit in the Nigerian economic and investment environment. Extant literature overwhelmingly emphasis the role of international trade to national development, with scant reference to the impact of trade liberalisation in promoting a competitive and transnational market economy in Nigeria. The study therefore, examines the regulatory framework on trade liberalisation and impact on investment dynamics and transnational market economy in Nigeria. The doctrinal method is adopted by the study with reliance on national laws on trade liberalisation, including the Constitution of the Federal Republic of Nigeria (CFRN) 1999. The CFRN provides for an open market economy with market liberalisation as the national economic policy, and serving as stimulant for competitive international trade and multilateral cooperation between Nigeria and the global community. The potential for competitive market economy that promotes investments and international trade; free movement of goods and services; exchange in knowledge and technology; direct foreign investments; with capacity for impacting positively on the national economy, are core incentives from trade liberalisation. The Nigerian liberalisation policy entrenches a solid framework for promoting investment dynamics and supranational cooperation, capable of engendering a competitive business clime that positively impacts on national development. In order for Nigeria to enjoy the economic potential under supranational cooperation, there is need for continuous reforms aimed at strengthening the regulatory and institutional frameworks on trade liberalisation, to align with standard global practices; and establishment of a functional dispute resolution mechanism, with underpinning for stabilizing market dynamics and changing the economic trajectory in Nigeria.
EXAMINATION OF THE COLLABORATIVE ROLE OF THE COURT AND THE POLICE IN THE PROTECTION OF SUSPECTS STATUTORY AND CONSTITUTIONAL RIGHTS
Suspect is someone who is accused or suspected of committing a crime. Every suspect is presumed to be innocent and also enjoy certain basic rights that are inalienable as well as undeniable. These rights are Constitutional and Statutory. All suspects enjoy right to life, dignity of human person, right to freedom of movement, and association, right to be informed of the offence, right to consult a legal practitioner and right to be granted bail or be taken to Court in good time. The Police has the Constitutional power to investigate crime while the Court adjudicate on all matters. In the course of investigation, there could be lawful arrest, search, detention, restriction of movement and prosecution. The process of the investigation should comply with the extant laws. Life of a suspect cannot be taken without court order. The pervasive problems are in the inhuman treatment, degradation, unlawful arrest, over detention, torture and physical abuse of suspect in custody which are clear violation of the suspect rights. This work adopted the doctrinal method of data collection which is basically a desk and library research. This work find out that Police Act 2020 and Administration of Criminal Justice Act 2015 and other laws, brought about robust reforms that gave hope and ensured that suspects rights are guided and protected through fairness, justice, speedy dispensation of cases and award of damages, disciplinary action, cum punitive measures for all erring Police officers The court served as a monitor to all violators of the right of a suspect
RETHINKING THE PUBLICATION OF NAMES AND PHOTOGRAPH OF CYBERCRIME SUSPECTS IN CYBERSPACE IN NIGERIA: LESSONS FROM THE USA AND SOUTH AFRICA.
The increase in the commission of cybercrimes, especially internet fraud, at the domestic and international levels, has put Nigerian cybercrime investigators in the global searchlight. This is arguably due to questions of competency and efficiency in enforcing the implementation of cybercrime legal frameworks and curtailing the upsurge of cybercrimes by Nigerians. Oftentimes, cybercrime investigators, after the apprehension of cybercrime suspects, resort to displaying their names and photographs in cyberspace before the conclusion of an investigation. While drawing lessons from the USA and South Africa, this paper argues that this act of the cybercrime investigators is a cyberspace parade and trial, which is unlawful and a breach of the fundamental human rights of cybercrime suspects. The aim of this paper is to evaluate the legal implications of cyberspace parade and trial in Nigeria and the main objective is to demonstrate that cyberspace parade and trial is unlawful. This paper adopts the doctrinal research design and data is sourced from primary and secondary sources. The paper found that the practice of cyberspace parade and trial is unlawful and unconstitutional. Considering the foregoing, it is recommended that a federal law banning cyberspace parades and trials should be enacted.
ASSESSING NIGERIA’S LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN THE ARTISANAL AND SMALL-SCALE MINING SECTOR
Despite a robust legal framework, Nigeria's abundant solid minerals sector is plagued by massive environmental degradation and catastrophic pollution, challenging the efficacy of the regime in regulating the informal Artisanal and Small-Scale Mining (ASM) sector. This, this paper critically assesses whether Nigeria's existing legal framework for environmental protection in the solid minerals sector is truly proactive, examining both its theoretical design and its practical implementation. The study employs a doctrinal and comparative approach, critically analysing key statutory provisions, and institutional mechanisms, while drawing insights from the decentralised and progressive ASM governance model of Ethiopia. The findings indicate that, while the legal framework contains laudable, proactive provisions on paper, it is rendered largely reactive in practice. This failure stems from systemic implementation gaps, institutional inertia, vague regulatory language, and the poor formalisation of the ASM sector dominated by unlicensed, illegal miners. Furthermore, the non-justiciability of constitutional environmental rights weakens citizens' ability to seek redress. To achieve meaningful, preventative environmental protection, Nigeria must urgently transition from its current reactive approach to a proactive, inclusive, and environmentally sustainable legal regime. The paper therefore advocates for: constitutional reform to make environmental rights justiciable; regulatory revision to eliminate ambiguous enforcement language; the adoption of a decentralized formalisation strategy inspired by the Ethiopian model; and enhanced, multisectoral stakeholder collaboration for effective oversight.
RESTORATIVE JUSTICE: EMERGING STRATEGIES FOR DEALING WITH CRIME AND THE INTERESTS OF STAKEHOLDERS
This article explores the growing relevance of restorative justice (RJ) as a viable alternative to the traditional retributive criminal justice system. Rooted in indigenous conflict resolution mechanisms, RJ prioritizes healing, accountability, and reintegration over punitive responses. Drawing on global experiences from New Zealand to South Africa the article examines the conceptual foundations of RJ, including its emphasis on restoration, reconciliation, and stakeholder participation. The study outlines key RJ practices such as victim-offender mediation, community conferencing, circle sentencing, and emerging digital platforms. Particular attention is given to the interests and rights of stakeholders: victims are afforded a voice and restitution; offenders benefit from opportunities for rehabilitation and reintegration; communities are engaged in conflict resolution and healing; and the state gains cost-effective justice outcomes. The article also analyses legal and policy frameworks that support RJ, referencing international instruments such as the UN Basic Principles on the Use of Restorative Justice Programmes and comparative national examples. Through selected case studies, it evaluates the outcomes and limitations of RJ, addressing critical concerns around voluntariness, power imbalances, secondary victimization, and challenges in handling serious crimes. The paper concludes by proposing legislative reforms, stakeholder training, institutional support, and public sensitization as pathways for integrating RJ into formal justice systems. Ultimately, it argues that RJ offers a transformative model that fosters dignity, social harmony, and sustainable peace.
ENVIRONMENTAL POLLUTION IN THE NIGER DELTA: THE NECESSITY FOR REVIEW OF THE ANTI-POLLUTION LAWS OF NIGERIA
Environmental pollution and degradation are the most serious of all environmental problems and in the Niger Delta, they pose a serious threat to the inhabitants and the ecosystem in the face of the anti-pollution laws of Nigeria. Thus, securing environmental justice has been so difficult despite the fact that the protection of the environment is recognised by the Constitution of the Federal Republic of Nigeria, 1999. This difficulty is largely because the constitutional provision which requires the State to protect and improve the environment as well as safeguard the water, air, land, forest and wild life of Nigeria is not justiciable amidst the limitations imposed on non-State actors by public law procedures in compelling authorities to comply with the provisions of laws through the doctrine of locus standi. The situation is further compounded because State actors appear inactive and insensitive to the plight of the victims of environmental pollution and their efforts if any, have been insignificant and have not yielded the desired results, which have, caused the involvement of non-governmental organisations (NGOs) in the struggle for environmental justice. Although the efforts of the NGOs have produced some good results, much still needs to be done in view of the incessant and persistent environmental pollution and consequent degradation in the Niger Delta. This study therefore examines the problems of environmental pollution in the Niger Delta and the necessity for the review of the Nigerian anti-pollution laws. The study adopts the doctrinal methodology through the study of relevant statutes, textbooks and articles by scholars. Recommendations were offered which if implemented would correct the situation in the Niger Delta.
RECONCEPTUALIZING TAX ADMINISTRATION IN NIGERIA: THE IMPERATIVE OF A SPECIALIZED TAX ENFORCEMENT COMMISSION
In Nigeria, combination of tax legislations provides punitive measures for tax defaulters. However, enforcing these sanctions necessitates pro cedures like arrests, investigations, detentions, and prosecutions. A major hurdle lies in the fact that, while the responsibility for these processes falls on the shoulders of tax authorities, they aren't equipped with inherent police powers. As a result, their effectiveness often relies on collaborations with the Police and other law enforcement bodies. Unfortunately, these entities, already grappling with internal complexities, find themselves stretched thin amidst Nigeria's escalating insecurity challenges. This paper adopts the doctrinal research method and relies on the primary and secondary sources of Nigerian Laws. The aim of this paper is to delve deep into the intricacies of tax crime enforcement in Nigeria, analyzing the current collaboration dynamics. In light of the evident challenges and inefficiencies, it underscores the pivotal recommendation of establishing a new, sui generis police force, akin to the Economic and Financial Crimes Commission (EFCC), dedicated solely to tax enforcement. This dedicated entity would streamline tax law enforcement, ensuring rigorous oversight and more efficient prosecution of tax-related crimes.
ARTIFICIAL INTELLIGENCE AND NIGERIAN EMPLOYMENT LAW: REGULATING ALGORITHMIC HIRING, MONITORING AND TERMINATION OF EMPLOYMENT
Artificial Intelligence (AI) is redefining employment relationships globally, with significant implications for how workers are recruited, monitored and terminated. In Nigeria, employers are increasingly deploying AI tools in candidate screening, productivity tracking, and decision-making processes. While these technologies promise efficiency, objectivity, and cost reduction, they raise critical concerns about fairness, privacy, and accountability. AI-driven recruitment systems risk embedding algorithmic bias; workplace surveillance threatens constitutional rights to dignity and privacy; and “robo-firing,” where automated tools drive termination decisions, jeopardises due process guarantes Nigeria’s Labour Act 2004, the primary statute governing employment, was designed for a human-centric workplace and remains silent on these developments. The Constitution of the Federal Republic of Nigeria 1999 provides rights to dignity, fair hearing, and privacy, but these provisions hav are yet to be judicially tested in the context of AI-driven employment practices. The Nigerian Data Protection Act 2023 introduces safeguards on data processing but does not adequately address employment-specific vulnerabilities. This article interrogates the adequacy of Nigeria’s current legal framework in regulating AI in employment, situating the analysis within global debates and comparative regulatory frameworks such as the European Union Artificial Intelligence Act and the United States Equal Employment Opportunity Commission’s guidelines on algorithmic decision-making. It argues for a rights-based regulatory approach that integrates transparency, accountability, and human oversight. The paper concludes that unless Nigeria adapts its employment law to the realities of AI, workers will remain exposed to discrimination, undue surveillance, and arbitrary termination of employment in the digital economy
Monitoring and Termination of Employment
DOCUMENTING CONTRACTS IN SHARI’AH: RULES AND IMPLICATIONS IN AN ERA OF ADVANCES IN TECHNOLOGY
This paper examines the rules governing the documentation of contracts under Islamic law, situating its analysis within both classical jurisprudence and contemporary applications. The mandate to record contracts, particularly financial transactions, is founded on Islamic legal injunction in Qur'an verse 2:282 which instructs believers to write down deferred transactions. The paper explores how classical jurists interpreted this directive and extended its application to various forms of contracts, emphasizing its role in safeguarding the rights and obligations of contracting parties. By analyzing the works of renowned jurists, such as Ibn Taymiyyah, and sources like Lisan al-Arab and Tafsir al-Qurtubi, the study highlights the evolution of contract documentation from mere moral exhortation to a legally recognized mechanism for dispute resolution and evidence in Islamic law. The dual methods of documentation, witnessing (al-Ishhaad) and writing (al-Kitabah)are explored alongside their legal and evidentiary implications. Furthermore, the paper addresses the relevance of contract documentation in modern contexts, particularly with the advent of digital contracts, blockchain technology, and smart contracts. It examines how contemporary Islamic legal thought reconciles traditional doctrines with emerging technological realities, ensuring that the maqasid al-shari‘ah (the higher objectives of Islamic law)are preserved in contractual dealings. The study concludes that the documentation of contracts in Islamic law transcends ritual obligation; it is a fundamental tool for ensuring justice, transparency, and the protection of rights. It also underscores the adaptability of Islamic legal principles in addressing contemporary contractual complexities, affirming the enduring relevance of Islamic jurisprudence in modern legal discourse please add one or two recommendations as well
ARTIFICIAL INTELLIGENCE AND CORPORATE CRIMINALITY: EMERGING CHALLENGES IN LIABILITY AND ACCOUNTABILITY
Traditional liability doctrines such as vicarious liability, the identification doctrine, and organisational fault, struggle to accommodate AI-driven decisions, particularly where autonomous systems act without direct human involvement. This article examines the emerging challenges of corporate criminal liability in the age of artificial intelligence (AI). It explored how AI is deployed as both a tool and a potential perpetrator of corporate misconduct, ranging from algorithmic trading and collusion to money laundering and cybercrime. The article adopted a doctrinal methodology drawing on primary and secondary sources of Law in Nigerian, as well as other jurisdictions. The article found that while AI itself cannot bear criminal responsibility, corporations must remain accountable for the risks created by its deployment. The article recommends reforms, including stricter compliance obligations, hybrid liability models, and harmonisation of international regulatory standards. In addition, regulatory frameworks must increasingly emphasise the role of corporate governance structures, compliance programmes, whistleblowing mechanisms, and independent algorithmic audits as essential safeguards against the risks posed by AI deployment and misuse. The paper concludes that effective governance of AI within corporate contexts will depend on striking an appropriate balance between fostering innovation and ensuring accountability.
PERSONAL DATA PROTECTION IN ISLAMIC FINTECH ECOSYSTEM: TOWARDS A SHARĪʿAH-GOVERNED PRIVACY FRAMEWORK
This paper examined the ethical and legal imperatives of personal data protection within the context of Islamic fintech, proposing a Sharīʿah-governed privacy framework as a normative response to the digital challenges of the contemporary Islamic financial ecosystem. The paper was premised on the observation that, while Islamic fintech platforms have advanced in providing Sharīʿah-compliant financial products, their data governance practices often lacked a correspondingly rigorous Islamic ethical foundation. Using doctrinal analysis and conceptual clarification, the paper explored foundational Sharīʿah principles of amānah (trust), ḥuqūq al-ʿibād (rights of individuals), maṣlaḥah (public interest), and ḍarar (harm) to assert that personal data constitutes a moral and legal trust whose misuse is a violation of both divine and societal obligations. The paper identified major risks in current Islamic fintech practices, including unauthorised access, algorithmic profiling, unethical monetisation, and limited Sharīʿah oversight in digital operations. It further demonstrated that these risks could not be fully addressed by conventional data protection frameworks such as the General Data Protection Regulations and Nigerian Data Protection Regulations, as these often lacked the theological and ethical depth intrinsic to Sharīʿah. In response, the paper proposed a comprehensive Sharīʿah-compliant data governance model incorporating Digital Sharīʿah Supervisory Boards, Ethical Impact Assessments, and the application of Islamic legal maxims within platform policies. The framework also emphasized user empowerment and cross-jurisdictional harmonisation grounded in Islamic legal epistemology. This paper contributed to the development of an ethically sound, spiritually coherent, and operationally practical model of data protection. It concluded that effective personal data governance in Islamic fintech was not only a technical necessity, but a Sharīʿah obligation aimed at preserving human dignity, justice, and trust in the digital age
CORPORATE GOVERNANCE AND SHAREHOLDERS’ DATA PROTECTION IN THE 21ST CENTURY
Corporate governance in the 21st century has metamorphosed because of technological advancements, world crises, globalization and changing shareholders expectations. These technological advancements even though beneficial, has brought along with it, challenges relating to data quality, security and privacy. Strengthening shareholder rights and engagement has being a key objective of corporate governance reforms. These reforms include among other concepts, implementing robust shareholders data management system. This Paper discussed Corporate Governance and Data Protection in The 21st Century and Protection of Shareholders Data. This paper employs a doctrinal method of legal research by examining Statutes, case laws and existing literature on the topic and finds that data has become a valuable asset of a company in the 21st century. The protection of data therefore has risen to the highest level of corporate governance. This paper finds that the Protection of Data provisions as embodied in the Data Protection Act 2023 is not adequate. This paper recommends adequate legislative framework that caters to the needs of data subjects, compliance with good corporate governance measures that will enhance data protection in Nigeria.
LEGAL AND POLITICAL IMPLICATIONS OF WITHDRAWAL OF MEMBERSHIP IN ECOWAS
This article discusses the legal and political implications of withdrawal of membership in the Economic Community of West African States (ECOWAS), by Mali, Niger and Burkina Faso. There were unconstitutional changes of government in these states for which sanctions were imposed on them. On 28 January 2024, the governments of countries issued a coordinated joint communiqué on national televisions in their respective countries announcing their withdrawal from ECOWAS. The aim of this article is to unravel the constitutionality of their respective notices. Withdrawal is an act by which a member of an international organization willingly terminates its membership. The right to withdraw is most of the time contained in the legal instrument of such an organization and this varies from one to the other. There have been previous withdrawal from ECOWAS by Mauritania and it was done according to the enabling Treaty. Doctrinal methodology is adopted and quantitative analysis of data is also used. The finding of this work shows that the three states of ECOWAS did not follow the provisions of the legal instrument of withdrawal. This work recommends that ECOWAS should not allow itself to be stampeded into lifting sanctions against a recalcitrant state.
ANALYTICAL ASSESSMENT OF THE LEGAL FRAMEWORK ON ELECTRONIC WASTE MANAGEMENT IN NIGERIA FOR EFFICIENT INTERNATIONAL BEST PRACTICES
The management of electronic waste (e-waste), a uniquely complex waste stream, has emerged as a significant environmental and public health challenge in urban centres worldwide, including Nigeria. Rapid urbanization has led to a surge in the use of Electrical and Electronic Equipment (EEE). Additionally, technological advancements, population growth, and efforts to bridge the digital divide have further contributed to the rising generation of e-waste. However, many developing countries, Nigeria included, struggle to effectively manage the growing volume of e-waste they produce. Given the increasing environmental and health hazards posed by improper e-waste disposal in Nigeria, it has become essential to establish a robust legal framework for e-waste management. This study adopted a doctrinal legal research methodology. It revealed that international environmental legal instruments on e-waste management must be ratified and domesticated to ensure efficient e-waste handling in Nigeria. Furthermore, the research found that the current national legal frameworks are inadequate and ineffective in addressing the specific challenges of e-waste management. The study concluded that while Nigeria has existing legal provisions for general waste management, these are insufficient and weak when applied specifically to e-waste. Moreover, current laws focus broadly on solid waste management and lack dedicated regulations for e-waste. To ensure effective management and alignment with international best practices, it is recommended that existing laws be reviewed and amended to include specific e-waste provisions, or that a new, standalone law be enacted exclusively for e-waste management.
INTERSECTIONALITY OF HUMAN RIGHTS, BUSINESS AND DISABILITIES
As businesses face increasing expectations to uphold human rights, disability remains a largely marginalized concern within corporate agendas. This paper investigates the intersection of human rights, business practices, and disability, arguing that an inclusive approach not only fulfils ethical and legal obligations but also unlocks innovation and long-term value creation. Drawing on analyses of international frameworks most notably the UN Convention on the Rights of Persons with Disabilities and a series of global corporate case studies, the paper demonstrates how embedding disability into human rights due diligence enables companies to identify and remediate discrimination, design universally accessible products, and cultivate inclusive work environments. An intersectional lens further reveals how gender, race, and socioeconomic status can intensify barriers for people with disabilities, highlighting the need for differentiated policy responses. The study concludes by proposing a multi-stakeholder roadmap encompassing policy reform, cross-sector partnerships, and sustained stakeholder engagement to integrate disability rights into corporate governance and foster truly inclusive business ecosystems.
CHILD PARTICIPATION RIGHTS FRAMEWORKS AND THE ISLAMIC JURISPRUDENCE: RECONCILING CONVERGENCE AND IRRECONCILABLE DIVERGENCE
The paper examines the tension between the Convention on the Rights of the Child (CRC) and Islamic law with respect to children’s participation rights. While the CRC advances a model grounded in autonomy, self-expression, and individual freedoms, Islamic law embeds participation within a framework of parental authority, responsibility, and moral guidance. The paper using a doctrinal research methodology makes a comparative analysis to argue that the crux of the debate lies not in whether children may participate, but in how participation is structured: an almost unrestricted autonomy in the CRC versus a duty-oriented, guided participation in Islam. Under the Sharia, a pre-pubescent child lacks legal capacity to make consequential decisions; the expression of views is permitted but not codified as an enforceable right; and obedience to parents is foundational except where it entails sin. The paper finds that these differences yield divergent implications: freedoms of expression, religion, association, and privacy core to the CRC are circumscribed in Islam to safeguard spiritual and moral welfare. By highlighting these contrasts, the paper concludes that the study contributes to the discourse on reconciling international child rights frameworks with Islamic jurisprudence, clarifying both points of convergence and irreconcilable divergence.
Convention on the Rights of the Child (CRC)
ANALYSIS OF THE LEGAL AND REGULATORY FRAMEWORKS OF MONEY LAUNDERING ACTIVITIES ON THE NIGERIAN ECONOMY
The impact of money laundering globally is overwhelming. It encourages illicit financial flow. Governments across the universe has responded to the waves by putting in place legal and regulatory frameworks to curb the menace. Notwithstanding the existence of legal and regulatory frameworks which are domestic and international in nature, the activities of money launderers are increasing on the daily basis. This paper therefore adopts doctrinal method of legal research attempts to examining money laundering in Nigeria vis-à-vis legal & regulatory impacts on the Nigerian economy. The paper asserts that non-existence of the relevant legal frameworks is not the bane of the fight against money laundering in Nigeria, but the problem of enforcement of the existing legal frameworks. The paper finds that the impacts of money laundering in Nigeria is multifaceted in nature. The paper recommends for full enforcement and implementation of the extant laws on the prevention and detection of the money laundering activities in Nigeria
INTERROGATING THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF INTERNATIONAL ENVIRONMENTAL AGREEMENTS IN NIGERIA
The threat of global environmental harm is real and imminent. The world continues to exert unrelenting efforts in the quest to provide viable and sustainable solution to the ever-depleting global environment resulting in climate change and global warming. Treaties, conventions and protocols have been entered into by the international community in a bid to save and sustain the environment for the present and future generations. There are presently numerous international environmental agreements in existence; but the effectiveness of these international agreements is worrisome and questionable. Using doctrinal approach, this paper interrogates the efficacy of the overwhelming litany of global environmental agreements in existence. It examines the challenges facing the legal and institutional frameworks in Nigeria responsible for the implementation of international environmental agreements. It finally made some recommendations on how the law and relevant authorities can be retooled to attract effective compliance and implementation of international environmental agreements in Nigeria.
CHALLENGES OF INTELLECTUAL PROPERTY RIGHT PROTECTION IN THE OUTER SPACE
As more private entities get involved in space activities, the issue of intellectual property would continue to dominate the conversation because the international laws on space activities appeared to ban property rights in outer space. Juxtaposing the exclusionary nature of protection for intellectual property rights on earth with the terrestrial nature of outer space activities is challenging, yet states and companies have to deal with the challenge. This study examined the challenges of protecting intellectual property rights in outer space in relation to private sectors’ activities. The study employed the doctrinal method of research with emphasis on the international customary laws on outer space. The study found that international customary laws did not address protection of intellectual property rights in outer space, and that dispute settlement mechanisms for addressing the issues were not inadequate. The study concluded with an appraisal of Nigeria’s activities in space and the need to improve on their visibility in the global space.