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
REGULATORY CHALLENGES CONFRONTING FOURTH GENERATION CORPORATE GOVERNANCE IN THE DIGITAL AGE
The rapid advancement of artificial intelligence (AI), big data analytics, machine learning, and automated decision-making systems has introduced a new phase of corporate governance commonly described as fourth generation corporate governance. While these technological innovations have improved corporate efficiency and decision-making, they have also created significant regulatory challenges relating to cybersecurity oversight, digital risk management, algorithmic accountability, data governance, and corporate liability within technology-driven business environments. This article examines the extent to which Nigeria‘s corporate governance and regulatory frameworks are capable of addressing the emerging challenges associated with corporate digitalization in the digital age. Existing literature has largely focused on traditional corporate governance concerns such as shareholder protection, directors‘ duties, and sustainability, with limited attention devoted to the regulatory implications of fourth generation corporate governance in Nigeria. Using the doctrinal method of legal research, the article analyses relevant statutes, corporate governance codes, and scholarly materials, while drawing limited comparative insights from South Africa‘s technologically responsive governance framework particularly the recent King V Report Code of Corporate Governance. The article finds that Nigeria‘s current regulatory framework remains insufficiently equipped to effectively regulate digital corporate operations and AI-driven governance systems. It concludes that the transition to fourth generation corporate governance requires adaptive and technology responsive regulatory reforms. The article therefore recommends enhanced board competence in technology, updating the existing regulatory framework and proper enforcement of the regulatory provisions.
Copyright (c) 2026 LexScriptio A Journal of the Department of Jurisprudence and Public Law
RE-EXAMINING THE CONSTITUTIONAL CHALLENGES IN ADDRESSING ENVIRONMENTAL PROTECTIONS IN NIGERIA WITH LESSONS FROM OTHER JURISDICTIONS
Over the years, the African continent has tended to face dangerous and life-threatening environmental degradation affecting the entire biodiversity. Courts have the capacity to play an important role in responding to this degradation. This capacity has, however, been hindered specifically in Nigeria by Section 6(6)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which renders socio-economic rights non-justiciable and enforceable, which include right to a clean, safe, and healthy environment. Adopting a doctrinal research methodology, the paper therefore attempts to examine the extent of environmental degradation in Nigeria, using the Niger-Delta Region as a case study. The central question to be considered in this paper is: To what extent have the judicial powers of the courts engaged in adjudicating on matters relating to socio-economic rights, environmental rights inclusive, and how the same could be addressed through environmental constitutionalism? The paper asserts that in Nigeria, the rights to life and the dignity of the human person include the right to a clean, poison-free, pollution-free, and healthy environment. The paper advocates for a constitution-based approach to environmental degradation in Nigeria with a view to promoting environmental constitutionalism. The paper recommends that the 1999 Constitution of the Federal Republic of Nigeria (as amended) be amended further to recognize the justiciability of the right to a clean, poison-free, pollution-free, pollution free and healthy environment in Nigeria.
SELF-DEFENCE OR AGGRESSION: A LEGAL ANALYSIS OF THE UNITED STATES AND ISRAEL MILITARY STRIKES ON IRAN
The prohibition of the use of force is a fundamental principle of modern international law under the United Nations Charter, which prohibits states from using force against the sovereignty and territorial integrity of other states. Most recently, the United States and Israel carry out military strikes against Iran which have generated intense legal and political controversy regarding the legality or otherwise of their action in line with international law. The attackers justified their action as measures aimed at preventing Iran’s nuclear capability and protecting regional security interests. However, many international law scholars and observers question whether such actions satisfy the requirements of lawful self-defence under Article 51 of the UN Charter, particularly in the absence of clear evidence of an imminent armed attack. The article adopts a doctrinal research method by examining relevant provisions of the United Nations Charter, decisions of the International Court of Justice, and scholarly opinions on the legality ofpre-emptive military action. This article examines the legality of the United States and Israel’s military strikes on Iran through the framework of international law governing the use of force. It analyses the competing legal arguments surrounding the doctrine of anticipatory self-defence, the principles of necessity and proportionality, and the role of the United Nations Security Council in authorizing military action. The study further evaluates whether the strikes can be justified as lawful self-defence or whether they constitute an act of aggression under international law. The article finds that the military strikes by the United States and Israel lack Security Council’s formal authorisation as required under the international legal regime. The article finds further that there is lack of credible evidence of an imminent armed attack(s) by Iranians which seriously casts doubt on the legality of the military strikes by the United States and Israel.The article recommends that there is need for strict adherence to international legal principles to preserve global peace, protect state sovereignty and maintain the authority of the international legal order.
STRENGTHENING REGIONAL AND SUB-REGIONAL TIES TOWARDS THE DEVELOPMENT OF UNIVERSAL JURISDICTION APPROACH TO TERRORISM
The philosophical underpinnings of universal criminal jurisdiction (UCJ) in the prosecution of crimes are justice and dignity for the victims of international crimes and crimes sharing similar characteristics; as criminal accountability remains a necessary tool for upholding the rule of law, eliminating criminal impunity and defending the core values and interests of the international community. Undoubtedly, UCJ theory serves as a medium for international criminal law to remove the veil of impunity from perpetrators of international crimes. The full implementation of the principle of universal jurisdiction on terrorism remains difficult, especially in view of the non-acceptance of the crime as an international crime notwithstanding the fact that the crime has continued to ravage global peace. Consequently, the involvement of regional and sub-regional intergovernmental institutions becomes crucial in the mission to develop a universal agreement. Thus, this paper examines and provides recommendations as solutions to the full entrenchment of the principle of UCJ as a tool in universal counter terrorism efforts. The paper adopts doctrinal research method by relying on primary data such as statutes, laws and cases, and secondary materials including academic texts and articles. The paper recommends harmonised anti-terrorism laws, strengthened international cooperation, enhanced judicial capacity, and flexible legal frameworks incorporating universal jurisdiction.
REVIEW OF THE EVIDENTIAL BURDEN OF PROOF OF IRRETRIEVABLE BREAKDOWN OF MARRIAGE IN MATRIMONIAL PROCEEDINGS IN NIGERIA
In Nigeria, statutory marriage represents a union of a man and a woman who voluntarily consent to be husband and wife. Where issues arise, wherein any of the spouses, finds it intolerable to live with his or her partner, the party approaches the court for a decree of dissolution of such marriage. It is during such matrimonial proceedings that the burden of proof that the marriage has broken down irretrievably being the sole ground for dissolving such marriage arises. Irretrievable breakdown under the Nigerian MCA as the cornerstone for dissolution of marriage has the problem of evidential burden of proof oscillation between petitioners and respondents due to the inherent contest that requires parties to adduce varying degrees of evidence to support their positions in matrimonial proceedings. Through doctrinal methodology, this study examines the —fault-based‖ irretrievable breakdown system in Nigeria and the gradual movement to the contemporary —no-fault‖ or hybrid systems in the UK, Australia, Canada and South Africa as well as the fact-sensitive approach which courts adopt when assessing whether a marriage has broken down beyond repairs. This study found that there is the existence of difficulties in producing credible evidence to meet the statutory threshold of irretrievable breakdown even when a party is trapped in a desperately unhappy marriage with clear emotional reality of marriage collapse. The study also evaluates key policy considerations and recommends legal reforms for achieving fairness, reduction of adversarial conflicts and ensuring procedural justice in determining irretrievable breakdown of marriage in matrimonial proceedings.
NATIONAL SECURITY AND HUMAN RIGHTS PROTECTION IN NIGERIA: THE NEED TO STRIKE A BALANCE
Nigeria faces persistent national security challenges, including terrorism, banditry, separatist agitations, cybercrime, and communal violence. In addressing these threats, state authorities have adopted measures that often encroach upon constitutionally guaranteed human rights, thereby raising concerns about arbitrariness, impunity, and democratic erosion. This article examines the legal and constitutional relationship between national security and human rights protection in Nigeria, with particular reference to the tensions arising from their interaction. The study aims to analyse the conceptual and legal foundations of both principles, assess the extent of compliance of security measures with constitutional safeguards, and propose a balanced framework for their coexistence. Adopting a doctrinal methodology, the article relies on statutes, judicial authorities, particularly Asari Dokubo v Federal Republic of Nigeria and relevant scholarly literature. It finds that the subordination of human rights to national security undermines constitutionalism, weakens institutional legitimacy, and fosters public distrust. The article argues that respect for human rights is indispensable to effective national security governance. It recommends the integration of human rights standards into security policies, strengthening of oversight mechanisms, and continuous human rights training for security personnel, alongside strict adherence to the rule of law and transparency in security operations.
RECOGNITION OF GENOCIDE AS A FORM OF MORAL REPAIR
The article offers a critical appraisal of the forms of reparation applicable to the crime of genocide examining their legal foundation, practical implementation and normative significance within international law. Although genocide is recognized as the ―crime of crimes‖, the reparation regime addressing its harm remains fragmented and inconsistently applied drawing on international jurisprudence, human right mechanism, and transitional justice practice, in order to address the particular collective and intergenerational effects of genocide, the article adopts a doctrinal approach method to discuss important kinds of reparation, restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. Particular attention is given to challenges such as the destruction of the group identity, loss of cultural heritage, mass displacement, and the difficulty of quantifying collective harm. The paper argues that conventional individual – centric models of reparation are insufficient for genocide and that more holistic, group-base, and culturally grounded approaches are required. The article further highlights the importance of survivor participation, symbolic and memorial measures, and institutional reforms in achieving meaningful redress. Ultimately, it recommends that a coherent victim-centre framework – integrating both material and symbolic dimensions – its essential to address the profound moral and social ruptures caused by genocide and to strengthen long-term prospects for justice and reconciliation.
COMPARATIVE ANALYSIS OF INTERNATIONAL ARBITRATION AND OTHER ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN CROSS-BORDER COMMERCIAL DISPUTES
Cross-border commercial disputes have increased with globalization, presenting challenges including conflicting legal systems, jurisdictional uncertainty, high litigation costs, and lengthy court proceedings. Traditional court litigation is often slow and inefficient for resolving international disputes. As a result, international arbitration and other Alternative Dispute Resolution (ADR) mechanisms have assumed a central role in international commercial practice. They offer flexible, faster, neutrality, and more cost-effective methods of resolving disputes outside national courts. While adopting doctrinal method of legal research, this paper provides a comparative examination of international arbitration alongside other ADR processes in cross-border commercial disputes. It analyses their legal foundations, procedural structures, and normative objectives, with particular attention to party autonomy, enforceability, confidentiality, finality, and institutional support. Beyond their advantages, the study critically evaluates persistent challenges affecting these mechanisms, including high costs, procedural delays, enforcement limitations, restricted review of arbitral awards, jurisdictional conflicts, and tensions between confidentiality and transparency. The paper further explores contemporary developments shaping the field, including reform debates surrounding Investor–State Dispute Settlement (ISDS), the integration of technology and online dispute resolution (ODR), and the growing emphasis on diversity and inclusion in arbitral appointments. Through structured comparison, the paper argues that while international arbitration remains central to cross-border dispute resolution, its effectiveness depends on addressing structural limitations and adapting to evolving global expectations. Effective dispute resolution in international commerce therefore requires not the dominance of a single mechanism, but a coherent and context-sensitive integration of arbitration and other ADR processes within the modern architecture of global commercial law. The paper concludes by recommending measures to enhance the efficiency, accessibility, and fairness of dispute resolution mechanisms in an increasingly interconnected global economy.
HEALTHCARE FINANCING UNDER NIGERIA‟S NATIONAL HEALTH INSURANCE ACT (NHIA): IMPLICATIONS FOR PERSONS LIVING WITH NON- COMMUNICABLE DISEASES IN NIGERIA
Nigeria‘s rising burden of chronic non-communicable diseases (NCDs) presents a fundamental challenge to the healthcare financing system under the National Health Insurance Act (NHIA). While the NHIA aspires to advance universal health coverage, its financing design remains largely oriented towards episodic and curative care, offering limited protection for persons living with chronic NCDs who require continuous, preventive and long-term treatment. This article demonstrates that the existing healthcare financing framework under the NHIA is structurally inadequate to secure health security and financial protection for persons living with chronic NCDs, thereby reinforcing health-related impoverishment and inequity. Drawing on the capabilities approach, the article reconceptualizes healthcare financing not merely as access to services, but as a legal and institutional mechanism for enabling full functioning and sustained well-being. Using the universal health coverage pillars of equity, access and coverage as an evaluative yardstick, the article interrogates the NHIA‘s benefit package, cost-sharing arrangements and regulatory design to expose critical gaps in chronic disease financing. It argues that the current framework insufficiently addresses the social and economic determinants of NCDs, including preventive interventions linked to unhealthy diets, and fails to mitigate the vicious cycle between chronic illness and poverty. The article contributes to Nigerian health law scholarship by advancing a capabilities-based critique of the NHIA and proposing targeted regulatory and financing reforms aimed at reducing financial hardship, improving continuity of care, and enhancing functional health outcomes for persons living with chronic NCDs.
Nigeria‘s National Health Insurance Authority
REAPING WHERE YOU DID NOT SOW?”: THE QUESTION OF NON-FINANCIAL CONTRIBUTION IN THE SETTLEMENT OF MATRIMONIAL PROPERTY IN AGUOLU v. AGUOLU
The settlement of matrimonial property is a critical issue that springs up or accompanies a suit for dissolution of marriage. One of such is the current case of Aguolu v Aguolu (2025) LPELR 80269 (CA) decided in accordance with Section 72 Matrimonial Causes Act 2004 which provides for the settlement of matrimonial property. Despite that the Court takes into cognisance the evolving position of the Nigerian courts beyond strict financial contribution, thereby considering principles of equity and partnership, proof thereof is important in determining settlement. Thus, marital status does not automatically convey a right of entitlement to matrimonial property. This case review therefore examines the Court of Appeal‘s decision in Aguolu v Aguolu, on the settlement of matrimonial property under the statutory law at the instance of dissolution of marriage. The review analyses the Court‘s reasoning on issues for fairness and balancing equality interests when there is non-financial contribution to matrimonial property. It further observes that women‘s property should equally be a basis for determination before the court considering that the Matrimonial Causes Act is not gender specific in the instance of matrimonial property settlement. Aguolu v Aguolu‘s case is relevant in reinforcing the shifting Nigeria‘s jurisprudence from a rigid non-financial equity on property rights at divorce, while balancing the fact that marital status is not sufficient to entitle a spouse to 50/50 share of matrimonial property, and that claimants must still adduce evidence of their contribution. This review recommends the need for guidelines in determining equitable distribution of matrimonial property.
HEALTH DATA GOVERNANCE AND THE RIGHT TO HEALTH DATA PROTECTION IN NIGERIA: FRAGMENTATION, PROPORTIONALITY AND REGULATORY GAPS
HEALTH DATA GOVERNANCE AND THE RIGHT TO HEALTH DATA PROTECTION IN NIGERIA: FRAGMENTATION, PROPORTIONALITY AND REGULATORY GAPS The rapid digitisation of healthcare systems and the growing reliance on advanced data analytics have intensified concerns regarding the lawful processing, secondary use, and protection of sensitive health data. Although the Nigeria Data Protection Act (NDPA) represents a major legislative development and reflects a risk-sensitive framework for the protection of personal data. The question is whether the existing regulatory architecture sufficiently safeguards health data within an increasingly complex digital ecosystem. This paper aims to assess the framework of health data governance in Nigeria critically. It examines how the NDPA, together with the General Application and Implementation Directive (GAID) 2025, and other sectoral instruments, are able to address fragmentation, proportionality, anonymisation, and exemptions in the processing of health data. It uses a doctrinal research approach to assess the proportionality requirements under the NDPA framework. It also conducts a comparative analysis of South Africa‘s Protection of Personal Information Act (POPIA) and the General Data Protection Regulation of the European Union to provide insight into the design choices of regulations. Although the NDPA provides a robust and rights-based foundation for the protection of health data, it is not detailed in terms of proportionality architecture, prior authorisation for high-risk processing, and anonymisation standards. The GAID 2025 aims to solve the issue of fragmentation in a way by providing interpretative guidance, but it does not solve the structural disjunctions that exist in the health data governance system as a whole. The result is a system that is normatively robust but operationally patchy in terms of protecting sensitive health data. The paper reframes the issue of health data governance not only as a matter of compliance but as a structural human rights issue. The paper argues that the issue of health data protection cannot be addressed without proportionality safeguards, research limitations, and regulatory coordination.
BEYOND INTERNATIONAL LAW: REASSESSING THE MUNICIPAL REGULATION OF ESPIONAGE IN NIGERIA
Espionage is commonly analysed within the framework of international law and the law of armed conflict where it is often treated as an inevitable but legally indeterminate aspect of inter-state relations. This focus has tended to obscure the fact that espionage, particularly in peacetime, is predominantly regulated and experienced at the domestic level. This article moves beyond the international law paradigm to examine espionage as a municipal and constitutional issue within the Nigerian legal system. It argues that while international law maintains a position of strategic silence on espionage, Nigeria‘s response to espionage-related activities is shaped by domestic criminal legislation, constitutional norms, and the operational practices of security and intelligence institutions. Drawing on comparative insights from the United Kingdom and Canada, the article highlights how statutory clarity, intent thresholds, and public-interest safeguards can protect national security without undermining constitutional rights. It finds, with normative proposals for recognising espionage within Nigerian law while safeguarding fundamental freedoms and public accountability. The article contends that a clearer municipal and constitutional articulation of espionage is necessary to align intelligence practices with the rule of law and to prevent the erosion of constitutional safeguards under the guise of national security.
MISSILES, DRONES AND THE CLIMATE CRISIS: ASSESSING THE ENVIRONMENTAL IMPACT OF MODERN WARFARE UNDER INTERNATIONAL LAW
This article interrogates the environmental and climate consequences of modern warfare technologies, with particular focus on the deployment of missiles and drones in contemporary armed conflicts. While international humanitarian law (IHL) recognizes the need to protect the natural environment during hostilities, its existing framework remains limited and ill-equipped to address the cumulative and long-term environmental harm associated with technologically advanced warfare. The article identifies a critical doctrinal gap: the environmental effects of missile strikes and drone operations, including greenhouse gas emissions, toxic contamination, and ecological disruption, are rarely incorporated into legal assessments of military necessity or proportionality. Drawing on reports from recent conflicts involving large-scale attacks on industrial and energy infrastructure, it demonstrates how contemporary warfare contributes to environmental degradation and intensifies the global climate crisis. Adopting a doctrinal methodology, supplemented by empirical evidence, the article evaluates the adequacy of IHL, international environmental law, and climate law in regulating wartime environmental harm. It argues that existing legal thresholds, particularly the requirement of ―widespread, long-term and severe‖ damage, set an unrealistically high bar, effectively shielding most environmentally harmful military conduct from legal scrutiny. The article concludes that, although international law contains relevant principles, it lacks coherence and effective integration across regimes. It advocates a recalibration of existing frameworks through a more flexible interpretation of proportionality, the systematic inclusion of environmental considerations in military decision making, and greater transparency in reporting military emissions. Such reforms are necessary to ensure that international law remains responsive to the environmental realities of modern warfare.
FREEDOM OF EXPRESSION AND THE CHALLENGE OF HATE SPEECH IN NIGERIA
Hate speech presents a fundamental tension within constitutional democracy, particularly in plural societies where ethnic and religious divisions amplify the consequences of hostile expression. This article analyses the conflict between freedom of expression and the regulation of hate speech in Nigeria, arguing that the absence of a clear legislative framework has produced doctrinal uncertainty and inconsistent enforcement. While freedom of expression remains indispensable to democratic governance, it has never operated as an unlimited right, and its exercise must be reconciled with the protection of dignity, public order, and social cohesion. The article analyses Nigeria's legal position alongside comparative perspectives from the United States and South Africa, demonstrating how different constitutional traditions respond to the relationship between speech, violence, and state power. It is argued that effective regulation requires a principled distinction between offensive expression, unlawful incitement, and speech that poses a genuine threat to equality and security. The article concludes that Nigeria requires a more coherent legal and institutional response to hate speech, anchored in clarity and proportionality, and that such a response must extend beyond legislation to encompass the responsibilities of government institutions, the media, civil society, and digital platforms in reducing the normalisation of hate driven expression within democratic public life.
PERISCOPIC AND LEGAL ANATOMY OF EXTRAORDINARY RENDITION: REVISITING THE RE-ARREST OF MAZI NNAMDI KANU BY NIGERIA
The need to combat global terrorism in the 21st century cannot be over-emphasised as being one of the challenges of globalisation. Given the transnationalism of crime and criminalities, there is always the need to arrest and repatriate fugitives or suspects to face justice, which is often done by treaties. However, there are times when the reality of international relations will not practically support the usual due process, thereby creating challenges to criminal justice. This reality often leads to alternative measures to attain justice. Following the terrorist attacks on the United States on the 11th of September 2001, more than ever before, the country authorised its Central Intelligence Agency to embark on an extraordinary rendition programme that would foster the arrest and detention of any suspect, especially the terrorist. Since then, the practice has been ongoing without any global check, although widely condemned. The Nigerian fugitive, Mazi Nnamdi Kanu was rearrested and repatriated to Nigeria in 2021 after a few years in exile. This article discusses extraordinary rendition as conceptualised in international law with the case of Mazi Nnamdi Kanu in view to determine the validity or otherwise of the widely circulated speculations, especially by his lawyers following his re-arrest that he was extraordinarily rendered by the Nigerian government in conspiracy with Kenyan government. The article found that, given the elements of extraordinary rendition and the practice, Kanu‘s re-arrest was not within the ambit of extraordinary rendition which is often hallmarked with human rights violations, illegal detention, transfer to another foreign country for interrogation, torture and many more without any judicial process. The article recommends that because extraordinary rendition violates human rights, the United Nations needs to develop a specific global Convention to tackle it forthwith for international human rights protection to be a reality as conceived.
FOOD LAW AS A TOOL FOR TACKLING MALNUTRITION AND FOOD INSECURITY IN THE NIGERIAN LEGAL REGIME
FOOD LAW AS A TOOL FOR TACKLING MALNUTRITION AND FOOD INSECURITY IN THE NIGERIAN LEGAL REGIME Food insecurity and malnutrition remain pressing challenges in Nigeria, worsened by the intersecting pressures of climate change, internal conflict, and economic volatility. While these issues are typically framed through the lens of agricultural or economic policy, this article adopts a doctrinal approach to examine law as a tool for tackling malnutrition and food security in Nigeria. This article asserts that legal framework constitutes a critical yet underutilized instrument for achieving sustainable development goals. Moving beyond conventional policy analysis, this article critically examines three key legal instruments, the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Agency for Food and Drug Administration and Control (NAFDAC) Act 2004, and the Federal Competition and Consumer Protection Act (FCCPA) 2018. The research identifies significant regulatory deficiencies, most notably the non-justiciable status of the right to food and the complete absence of legally binding standards for agricultural transportation and post-harvest logistics. It finds that a rights-based legal system is required to meet the biological need of the population. It concludes with concrete recommendations, including a constitutional amendment to render the right to food justiciable and the enactment of a comprehensive National Food Safety and Quality Bill to foster a more accountable, transparent, and resilient food system.
MANAGING DIGITAL AND TECHNICAL EVIDENCE IN ELECTORAL DISPUTE RESOLUTION
ABSTRACT The rapid integration of Artificial Intelligence (AI) and digital communication technologies into electoral processes has fundamentally transformed the landscape of electoral governance in Africa. This paper examines the implications of these developments for transparency, public confidence, and the management of electoral disputes. It argues that electoral dispute governance can no longer be confined to formal legal processes but must be understood as a continuum shaped by pre-litigation dynamics within the digital public sphere. Platforms such as Facebook, X, Instagram, Tik Tok, and WhatsApp have emerged as critical arenas where electoral outcomes are debated, contested, and legitimised in real time, often preceding formal adjudication. On the one hand, AI offers significant opportunities to enhance electoral transparency through data analytics, auditability, and improved information management systems. On the other hand, it poses serious risks through algorithmic amplification of misinformation, computational propaganda, and the proliferation of synthetic media, all of which can undermine trust in electoral institutions and judicial outcomes. The paper conceptualises ―pre-litigation contestation,‖ highlighting how digital narratives shape the trajectory and legitimacy of electoral disputes. It further examines the role of civic actors in mitigating these risks and proposes a set of policy and institutional reforms aimed at strengthening governance frameworks for AI in elections. It recommends that the effective regulation of AI, grounded in transparency, accountability, and multi-stakeholder collaboration, is essential for sustaining democratic legitimacy in Africa‘s evolving digital electoral landscape.
APPRAISAL OF THE LEGAL ISSUES IN THE APPLICATION OF THE PRINCIPLE OF SELF-DETERMINATION IN NIGERIA
The recent resurgence of secessionist and autonomy-seeking movements such as the Biafra and Yoruba Nation agitations in Nigeria has raised hydra-headed challenges in several areas – political, economic and social, and continues to threaten national unity and security. As a nation with fragmented politics, religious diversity and multi-ethnic composition, this resurgence has only heightened. Hence, this study explores the evolving discuss on the legal issues surrounding the application of the principle of self-determination under international law with the Nigerian legal and political landscape. The study adopts a doctrinal method of legal research, analysing primary and secondary sources of law and data such as statutes, journal articles, surveys, case laws. This study finds, inter alia, that although Nigeria is party to major international human rights instruments that recognise the right to self-determination, its domestic framework lacks sufficient provisions and mechanisms to truly actualise such claims. Furthermore, there are inadequacies in judicial interpretations and lack of political will in addressing the root causes in the application of this right. The study concludes that the current legal framework in Nigeria is inefficacious to manage self-determination claims, in a peaceful and just manner. Thus, it recommends amongst others, strategic constitutional and legislative reforms and an inclusive governance system that creates an atmosphere of peace and acceptance as a pathway to attaining national unity.
EXPROPRIATION OF RIGHTS IN NIGERIA'S OIL AND GAS SECTOR: BALANCING STATE INTERESTS AND INVESTORS PROTECTIONS
To say that the oil and gas sector of the Nigerian economy is the toast of many foreign investors is to state the obvious. It is axiomatic that any investor would strive to satisfy himself that his investment is tailored towards profitability and all measures that could threaten the prosperity of such investment are considered before embarking on the business endeavor. Chiefs among dilemma that could come in the way of oil and gas investment are instability in pricing, political instability and regulatory dynamism which at its peak could climax into expropriation of foreign investments by the Nigerian government. Almost all the oil producing countries have had a taste in nationalisation of investments in the oil and gas sector which are almost immediately accompanied with crisis, conflict and bitter exchanges between the investors and the expropriating governments. Admittedly, there could be justifications for expropriation in some cases but experiences have shown that many governments of oil producing countries arbitrarily exercise their powers of expropriation to roguishly inherit the wealth, infrastructure and assets of investing foreigners in their oil sector and unfairly deny such investors the fruits of their labours. In as much as the principle of state sovereignty over their natural resources remains unassailable, this work, found that an exercise of a state‘s powers to expropriate needs to be done judicially and judiciously. Expropriation may only be resorted to in extreme situations bothering on national interests and even at that, the investors deserve justice, fairness and due process. And, this is the focus of this paper.
NON-IMPLEMENTATION OF COURT ORDERS IN NIGERIA AND THE EROSION OF INMATES FUNDAMENTAL RIGHTS
The worth of any legal system is gauged not merely by the standard of its judgments but by the degree to which such judgments are enforced. In Nigeria, the continuous non-implementation of court orders, particularly in criminal justice administration, constitute a serious peril to the fortification of the fundamental rights of inmates. This article disparagingly scrutinises the circumstances of non-implementation of court orders and its consequences for the constitutional and statutory rights of inmates in Nigeria. Using the doctrinal research methodology, the study evaluates relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), related statutes, and judicial decisions to probe how failure to enforce court orders such as release orders, sentencing directives, and custodial instructions results in violations of the rights of inmates in relation to rights to personal liberty, human dignity, and fair treatment under the law. The article contends that non-implementation challenges the authority of the judiciary, embeds executive whimsicality, and prolongs unlawful detention and inhumane living conditions in correctional facilities. It further points out institutional, and legal factors answerable for non-compliance with court orders. The article concludes by recommending legal and institutional reforms aimed at strengthening judgment enforcement mechanisms, enhancing accountability of enforcement agencies, and ensuring effective protection of inmates‘ rights in line with the rule of law and international human rights standards.
EXAMINING THE VULNERABILITIES AND CHALLENGES FACED BY IMMIGRANT MINORS IN NIGERIA AND SUGGESTING BEST PRACTICES
Immigrant minors in Nigeria face a complex web of vulnerabilities spanning social, economic, security, and psychological dimensions, yet comprehensive protection mechanisms remain critically inadequate. This paper examines the multifaceted challenges confronting immigrant children in Nigeria, including exploitation during irregular migration, gender-based violence, arbitrary detention, family separation, and systemic discrimination. Using doctrinal research methodology, the study reveals that despite Nigeria's ratification of international instruments such as the UN Convention on the Rights of the Child and the enactment of the Child Rights Act, implementation gaps persist due to weak political will, entrenched social norms, and institutional deficiencies. The paper further explores the psychological trauma, acculturation stress, and educational marginalization experienced by these minors, exacerbated by language barriers, cultural dislocation, and insecure legal status. Through an examination of grassroots initiatives and successful integration programs, the study identifies promising pathways involving community engagement, multilingual education, culturally responsive teaching, and integrated mental health and entrepreneurship support. The paper concludes with actionable recommendations for strengthening legal frameworks, enhancing institutional capacity, fostering cross-sectoral collaboration, and promoting inclusive policies that uphold the rights and dignity of immigrant minors. By addressing both immediate protection needs and long-term resilience building, Nigeria can fulfil its obligations under international law and ensure that immigrant children enjoy their fundamental rights to education, healthcare, safety, and social inclusion
LEGAL GAPS OF SINGLE SHAREHOLDRER COMPANIES UNDER COMPANIES AND ALLIED MATTERS ACT 2020
The creation of single shareholder companies through the Companies and Allied Matters Act 2020 has created a multitude of complex legal issues, particularly regarding business continuity, succession, and creditor protection. This article critically analyzes the ambiguities arising from the death, incapacitation, or insolvency of a sole shareholder of a company, and assesses whether existing legal provisions sufficiently protect business operations. It also seeks to analyze the increased risks that come with the death, incapacitation, or insolvency of a sole shareholder, which are attributed to a lack of internal controls and the potential for the abuse of legal personality. This article uses a doctrinal legal research methodology, which entails an in-depth examination of legal provisions, court decisions, regulatory guidelines, and comparative law, which helps to highlight the gaps and shortcomings in the existing legal framework. The article also analyzes how structured legal provisions can help in promoting transparency, accountability, and business continuity in sole shareholder companies, based on provisions in the UK, South Africa, and the European Union. Accordingly, from the analysis above, the article promotes legal reforms in Nigeria, which include succession rules, minimum capital, stronger prohibitions on asset diversion, and stronger rules on dealing with fraudulent or wrongful trading practices. In this sense, the article contributes to the international debate on corporate governance in structures of concentrated ownership, particularly in the context of Nigeria, suggesting practical solutions for improving creditor protection and ensuring the long-term viability of single shareholder companies.
ANALYSIS OF THE IMPACT OF NIGERIA REVENUE SERVICE ESTABLISHMENT ACT 2025 WITH LESSONS FROM SIMILAR JURISDICTIONS
The Nigeria Revenue Service Establishment Act 2025 marks one of the most ambitious attempts at restructuring Nigeria‘s tax administration since the return to democratic rule. By dissolving the Federal Inland Revenue Service and establishing the Nigeria Revenue Service (NRS), the reform seeks to enhance efficiency, transparency, and taxpayer confidence in the country‘s fiscal system. This article adopts doctrinal method of legal research to examine the legal and institutional innovations introduced by the Act, particularly the creation of the Tax Ombudsman, the reorganisation of enforcement powers, and the integration of digital compliance mechanisms. While these measures promise a more effective collection framework and improved taxpayer protection, they also raise important constitutional, administrative, and practical questions. The paper argues that without clear safeguards, the expanded powers of the NRS may result in overreach, potentially undermining taxpayer rights and the principle of fair hearing. Comparative insights are drawn from South Africa, Kenya, and Ghana to highlight best practices and cautionary lessons. The article concludes by recommending targeted legal and institutional reforms to ensure that the new tax regime balances Nigeria‘s urgent revenue needs with the imperatives of fairness, accountability, and sustainable economic governance.
EXECUTIVE CLEMENCY AND VICTIMS‟ RIGHTS IN NIGERIA: REASSESSING THE BALANCE BETWEEN MERCY AND JUSTICE UNDER SECTIONS 175 AND 212 OF THE CONSTITUTION
Prerogative of mercy represents one of the most ancient and enduring expressions of sovereign power. In Nigeria, it is constitutionally vested in the President and State Governors under Sections 175 and 212 of the Constitution of the Federal Republic of Nigeria 1999 Intended as a humanitarian safeguard to temper the rigidity of law, this executive power allows for pardon, reprieve, remission, or commutation of sentence. Yet, its exercise has often generated moral and constitutional controversy. The Nigerian clemency process, largely opaque and discretionary, has consistently excluded victims of crime—those most directly affected by its outcomes. This paper interrogates the tension between executive clemency and victims‘ rights, focusing on whether Nigeria‘s constitutional and institutional framework adequately balances mercy with justice. Drawing on retributive, restorative, and utilitarian theories of justice, the paper argues that the prerogative of mercy, when exercised without transparency, fairness, or victim consultation, undermines public confidence and perpetuates secondary victimisation. Through doctrinal analysis and comparative insights from jurisdictions such as South Africa, India, and Canada, the study demonstrates that clemency can coexist with balancing of victims‘ rights when grounded in procedural fairness and restorative engagement. It concludes with reform proposals aimed at aligning Nigeria‘s clemency system with contemporary human rights and restorative justice standards.
LEGAL FRAMEWORK FOR IMPLEMENTATION OF ENVIRONMENTAL, SOCIAL AND GOVERNANCE STANDARDS IN NIGERIA
ABSTRACT Environmental, Social and Governance (ESG) has emerged as a buzzword in the 21st century and has been used to refer to issues of environmental, social and governance concerns that should be integrated into national decision-making by countries, especially in their dealings with foreign businesses. ESG standards are now globally required to be upheld by States and they are often stipulated in laws. Relying on the doctrinal research method, the paper examines the legal framework for the implementation of ESG standards in Nigeria. The paper finds that although Nigeria has not enacted any specific ESG-focused legislation, there are quite a few laws that have been enacted to address the critical aspects of ESG in Nigeria. The paper finds further that the extant laws in Nigeria contain provisions on ESG standards which, if implemented, will go a long way to addressing ESG concerns, resulting in improved environmental and human rights consciousness among companies operating in Nigeria. The paper finds that despite what would seem to be an avalanche of laws at the federal level of governance in Nigeria, the provisions of some of the key pieces of legislation leave too much gap that are exploited by both the Nigerian authorities and the investors attracted into the Nigerian investment ecosystem, to defeat the implementation of ESG standards in the country. The paper recommends a total overhaul of the laws in order to bring them in line with global ESG standards
NAVIGATING THE ROLE OF TAXATION IN PROMOTING CORPORATE SOCIAL RESPONSIBILITY IN NIGERIA AND THE INHERENT CHALLENGES
The relationship between taxation and corporate social responsibility (CSR) in Nigeria has undergone significant transformation, particularly with the enactment of the Nigeria Tax Act 2025, which repositions taxation as both a fiscal and regulatory tool within commercial governance. The evolving framework challenges the traditional perception of CSR as voluntary corporate philanthropy and instead situates tax compliance as a core element of responsible corporate conduct. The aim of the paper was to establish that taxation constitutes a foundational dimension of CSR within Nigerian law and to evaluate the extent to which recent tax reforms align corporate fiscal obligations with broader social responsibility objectives. A doctrinal and comparative methodology is adopted. The analysis draws on key statutory provisions, including the Nigeria Tax Act 2025 and the Petroleum Industry Act 2021, supported by judicial authorities and academic commentary. Comparative insights from jurisdictions such as the United Kingdom, India, and South Africa are incorporated to situate Nigeria‘s approach within a broader legal context. The findings indicated that the Nigeria Tax Act 2025 strengthens the role of taxation in promoting responsible corporate behaviour through enhanced anti-avoidance provisions, transfer pricing rules, and structured deductibility regimes. Notwithstanding these developments, CSR remains conceptually confined within the framework of charitable donations, and significant challenges persist, including tensions between revenue protection and social investment, as well as uncertainties in the tax treatment of mandatory CSR obligations. The paper recommended a reconceptualisation of CSR as a form of regulated social investment, the adoption of differentiated and targeted tax incentives, clearer statutory guidance on the interaction between tax and sectoral obligations, and improved institutional coordination and transparency to enhance accountability
EXAMINATION OF THE LEGAL REGIME FOR THE OPERATION OF CROWDFUNDING IN NIGERIA
Crowdfunding is a financing mechanism that permits an investor to gather resources from the public to finance a new business undertaking or project. Thus, crowdfunding facilitates raising of funds from the public thereby preventing frustration of business due to lack of fund. The legal regime that governs crowdfunding principally include the Companies and Allied Matters Act, Investment and Securities Act and SEC Rules on Crowdfunding. However, the problem identified by this paper was that, modern trend of internet fraud activities, unstable economy and prevalence of insecurity has diminished the interest of the public to investing their money into business start-ups. This is because of the danger of the sustainability of such start-ups in an environment susceptible to fraud, inflation and insecurity which consequently leads to a higher risk of business failure. Accordingly, the objective of this paper was to examine the legal framework governing the relationship between the fundraiser (issuer), operator (Crowdfunding intermediary) and the public who invest their money into crowdfunding in Nigeria; with a view to making reforms. The sources of information relied upon in this paper include relevant books, articles in journal publication, statutes, regulation and internet materials. Thus, this paper found (among others) that the Rules on Crowdfunding is in conflict with the Companies and Allied Matters Act, as well as the Investment and Securities Act which disallow private companies from sourcing finance from the public while the SEC Rules on Crowdfunding makes private companies eligible fundraisers. Accordingly, it was recommended (among others) that, the Companies and Allied Matters Act as well as Investment and Securities Act should be amended to incorporate crowdfunding in Nigeria so as to resolve the conflict originating from the SEC Rules on the subject matter.
ANALYSIS OF GOVERNANCE DEFICIENCIES ENABLING CORPORATE SILENCE ON ENVIRONMENTAL ISSUES IN NIGERIA
Corporate activqities in Nigeria inflict serious environmental damage, not because environmental regulation is entirely absent, the reality is that many corporations have chosen not to report their environmental risks and impacts. This study examines the governance deficiencies that enable corporate silence on environmental issues in Nigeria. Adopting a doctrinal research methodology, it analyses relevant provisions of Nigerian corporate and environmental laws, as well as sector-specific regulatory frameworks, to identify and critically assess the legal deficiencies that enable such corporate silence. The findings of the study reveal that environmental non-disclosure is often sustained by a combination of the absence of mandatory environmental disclosure laws, inadequate shareholder activism, limited stakeholder engagement, and the effect of the political and economic interests on the corporate silence. The study finds further that the laws in Nigeria that obligate disclosure are disjointed and ineffective, thereby allowing corporations to comply with the law in a technical sense, while being environmentally obscurantist. The study concludes that situation leaves shareholders, regulators, and affected communities without the information needed to demand accountability or prevent environmental harm. The study therefore recommends that the law should place upon directors the positive duty to identify, evaluate, and report on the environmental impacts and risks as part of their decision-making responsibilities, just as they are required to do with respect to financial outcomes.
LEGAL FRAMEWORK FOR CYBER-INDUCED PROVOCATION IN NIGERIA: CHALLENGES AND THE NEED FOR LEGAL REFORMS
Abstract The advent of digitalisation, followed by the rapid spread of internet usage and technological aptitude has transformed human interaction, allowing instant communication and bridging the gaps in time and space. However, despite this benefits, there has been the manipulation of digital platforms to perpetrate all forms of cybercrimes, thereby inducing provocation. This study examined the application of cyber-induced provocation as a defence within Nigeria's legal and criminal law frameworks. The objectives of the study were to assess the nature of provocation within the Nigerian criminal law, identify the legal and institutional frameworks for cyber induced provocation and highlight the challenges and possible prospects that may be realized in addressing cyber-induced harms in Nigeria. This study adopted a doctrinal research methodology, drawing data from primary and secondary sources such as cases and scholarly commentary, as well as domestic, regional and international instruments. This study found that there are currently no cyber-specific regulations or laws that address online provocation. This study concluded, by recommending the reformation of the Cybercrimes Act and the establishment of a legal framework that provide for cyber-induced provocation as a legal defence in face of cyber-induced harms
AN APPRAISAL OF THE IMPLEMENTATION OF THE INTERNATIONAL LEGAL FRAMEWORK FOR THE PROTECTION OF LIVES AND PROPERTY AT SEA
International maritime law has developed an extensive legal framework aimed at safeguarding human life and property at sea through safety regulation, maritime security measures, and cooperative enforcement mechanisms. Despite the existence of comprehensive conventions governing maritime navigation and security, incidents involving ship casualties, piracy, and loss of maritime property continue to occur across global maritime domains. Thus, this study appraises the implementation of international legal frameworks designed to protect lives and property at sea. Using doctrinal legal methodology, the study evaluates the effectiveness of State compliance with obligations under major maritime conventions and examines institutional and operational challenges affecting implementation. The study found that the principal challenge confronting maritime safety governance lies not in normative inadequacy but in uneven enforcement, weak institutional capacity, and fragmented regulatory coordination. The study finally recommends enhanced compliance monitoring, strengthened port State control, regional cooperation, and capacity-building initiatives as essential strategies for improving the effectiveness of international maritime safety regimes.
implementation of international maritime law