The Obafemi Awolowo University Law Journal
The Obafemi Awolowo University Law Journal (OAU Law Journal) is a peer-reviewed academic publication of the Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria. Since its inception, many decades ago, the Journal has consistently published scholarly works of high quality, contributing to the advancement of legal knowledge and practice. It serves as a platform for rigorous academic discourse on contemporary and emerging legal issues in Nigeria, Africa, and around the globe. The Journal publishes original articles, case notes, commentaries, and reviews from legal scholars, practitioners, policymakers, and postgraduate researchers. With a distinguished Editorial Advisory Board comprising eminent academics and practitioners, the Journal is committed to fostering critical engagement with the law and promoting scholarship that is both theoretically sound and practically relevant.
Faculty of Law, Obafemi Awolowo University
RETHINKING THE EFFECTIVENESS OF STATUTORY RESOURCE ALLOCATION TO DRIVE SUSTAINABLE DEVELOPMENT IN NIGERIA
This study evaluates the effectiveness of the Host Community Development Trust (HCDT) created under Chapter 3 of the Petroleum Industry Act, 2021 as a tool for sustainable growth in Nigeria’s oil-producing areas. In the past, the Niger Delta suffered from great mismanagement of natural resources. It heavily relied on international oil companies who did this voluntarily and through Global Memorandum of Understanding (GMoU). However, this method was faulty hence leading to issues which led to the establishment of the HCDT. The PIA represents a noteworthy legislative change by requiring oil companies ("settlors") to contribute 3% of their actual operating expenditures (OpEx) annually into legally established trusts. This study conducts a doctrinal analysis of the structural improvements in this new regulatory framework, focusing on the 75/20/5 financial partitioning model, and evaluates the ongoing obstacles obstructing its implementation. Results indicate that although the HCDT framework offers a unique legal basis for community development, its effectiveness is presently hindered by internal governance issues like elite capture, boundary disputes between communities, and the contentious liability clauses in Section 257(2). The study further looks at how recent onshore asset sales by international Oil companies affect the status of the HCDT and its implications on the Host Communities. The study finds that for the HCDT to succeed, it requires more than legal framework. It requires strict regulatory enforcement, independent financial reviews and involvement of the community.
Nigerian Upstream Petroleum Regulatory Commission
Nigerian Midstream and Downstream Petroleum Regulatory Authority
Copyright (c) 2026 The Obafemi Awolowo University Law Journal
RECONCEPTUALISING THE ROLE OF COMPANY SECRETARIES AS GOVERNANCE OFFICERS UNDER THE COMPANIES AND ALLIED MATTERS ACT 2020
This study explores how the role of company secretaries has developed into that of governance officers following the enactment of the Companies and Allied Matters Act 2020. It seeks to demonstrate that the office is no longer confined to routine administrative tasks but now plays a strategic role in ensuring sound corporate governance, regulatory compliance, and effective board operations. The study adopts a doctrinal research methodology, involving a careful examination of statutory provisions, regulatory instruments, and scholarly writings on corporate governance. The study finds that CAMA 2020 has enhanced the importance of company secretaries by positioning them as key advisers to the board and as central figures in ensuring compliance and proper corporate administration. Despite this progress, the practical effectiveness of company secretaries is often limited by factors such as lack of independence, inadequate recognition within corporate structures, and undue influence from management or dominant shareholders. This gap between legal expectation and practical reality weakens their ability to function fully as governance officers. In light of these findings, the paper recommends measures to strengthen the role of corporate secretaries, including clearer legal protections, continuous professional development, and greater institutional support to reinforce their independence. It also suggests improved regulatory oversight and increased awareness among companies of the strategic importance of the role. The paper concludes that while corporate secretaries are vital to advancing corporate governance in Nigeria, deliberate reforms are necessary to enable them to perform this function effectively.
AN ANALYSIS OF THE PRACTICE OF NOLLE PROSEQUI IN CORRUPTION CASES IN NIGERIA
The Attorney General of the Federation and that of a state has the constitutional power to bring any criminal trial initiated by him or on is behalf to halt. Generally, this power is meant to be used for trial strategy and extreme public policy matters. Corruption cases are among such cases where this power may be exercised, especially by the Attorney-General of the Federation considering that most corruption cases nowadays are initiated by the federal government. The way and manner in which the power of nolle prosequi is utilized in these cases demonstrate the seriousness with which the government pursues its fight against corruption. Unfortunately, the extent of the power of nolle prosequi has been a subject of much polemics, resulting in an avalanche of judicial authorities and misconceptions. In today’s Nigeria where corruption has eaten deep into every fabric of the society, there is need to ascertain the working modalities of the A. G. in exercise of the power of nolle prosequi in corruption cases in accordance with the constitutional expectation and in line with global best practices for effective criminal justice system in Nigeria that would curtail corruption in all its ramifications. Using doctrinal methodology, this article utilized both primary and secondary sources to examine and evaluate the application of nolle prosequi in the prosecution of corruption cases, and how this affects the war against corruption in Nigeria. The article finds (among others) that one of the constraints against effective utilization of the power of nolle prosequi in corruption cases by the Attorney General in Nigeria has to do with the political arm of his office; (minister or commissioner as the case may be) in addition to being the Attorney General. The article recommends (among others) that the office of the Attorney General and minister of justice be separated through constitutional amendment to wipe out corruption in the Nigerian criminal justice system.
A CRITICAL APPRAISAL OF THE REPUGNANCY TEST UNDER THE EVIDENCE ACT AND ITS CONTINUED APPLICATION AGAINST CUSTOMARY LAW RULES IN NIGERIA
This article critically looks at how relevant the continual retention of the repugnancy doctrine is in Nigerian customary law, questioning whether it continues to serve as a necessary protection for justice or is an outdated remnant of colonial rule. The doctrine originated from the introduction of English law during the colonial period, giving courts the power to declare customary law rules as invalid if they were seen as “repugnant to natural justice, equity and good conscience.” It was first introduced through colonial laws like the Native Courts Proclamation of 1900, and later included in Section 18(3) of the Evidence Act 2011, along with other related tests such as incompatibility and public policy. The main issue explored in this article is the conflict between maintaining traditional legal systems and stopping discriminatory or unfair customary practices. Although the repugnancy test was meant to ensure fairness, it has frequently been criticized for applying European standards to African customs, which can be seen as a form of cultural dominance. On the other hand, supporters of the doctrine claim it is essential for bringing customary law in line with modern ideas of justice and human rights. Using a doctrinal research approach, this article looks at legal texts, court rulings, and constitutional structures that govern the use of the repugnancy doctrine in Nigeria. It examines key court cases such as Dawodu v Danmole, Edet v Essien, Okonkwo v Okagbue, Mojekwu v Mojekwu, and Ukeje v Ukeje, showing how inconsistent standards have been applied by courts and which categories of customary rules have been declared invalid, especially those that deal with issues like gender discrimination, inheritance rights, and social hierarchy. The article concludes that the 1999 Constitution, particularly its provisions on the dignity of the human person and freedom from discrimination, has greatly influenced how the repugnancy doctrine is applied, effectively embedding its principles into the constitutional framework. This development raises concerns about whether the legal formulation of the repugnancy doctrine is still necessary or has become outdated in light of constitutional supremacy. In addressing the identified tensions, the article proposes a reformed, Afrocentric, and rights-based approach to the repugnancy doctrine one that acknowledges the dynamic nature and legitimacy of customary law while ensuring alignment with fundamental human rights standards. It argues that complete abolition could result in a regulatory vacuum, while blind acceptance risks reinforcing colonial biases. The article concludes that the repugnancy doctrine should not be entirely discarded or retained as it currently stands. Rather, it should be adapted through legislative reform and judicial reinterpretation to reflect Nigeria’s socio-cultural realities and constitutional values. The article recommends amending Section 18(3) of the Evidence Act to include clearer, rights-based criteria; developing a consistent and coherent judicial approach; and promoting an indigenous legal framework that balances cultural authenticity with universal principles of justice. Ultimately, the article asserts that justice in Nigeria must be both culturally rooted and normatively grounded.
Custom, Customary Law, Imperialism, Discrimination, Repugnancy Test.
THE RIGHT TO BE FORGOTTEN IN NIGERIA: EMERGING LEGAL NORM OR ILLUSION? A CRITICAL ANALYSIS UNDER THE NIGERIA DATA PROTECTION ACT 2023 AND COMPETING PUBLIC INTEREST
The belief that individuals have that legal entitlement to demand the deletion of their personal information is one that currently occupies a troubling space in contemporary legal systems. The practice of this entitlement in Nigeria, christened the right to be forgotten, has become a problem that is constitutional just as it is statutory. This paper interrogates whether the right to be forgotten constitutes an enforceable legal right within the Nigerian legal framework or a chimera disguised as a right. To situate the inquiry, the paper examines the doctrinal foundations of data protection law, drawing from the European Union’s General Data Protection Regulation (GDPR), particularly Paper 17, as well as the landmark decision of the Court of Justice of the European Union in Google Spain SL v Agencia Española de Protección de Datos. The analysis then turns to the Nigerian Data Protection Act 2023, assessing whether it provides an express or implied equivalent of the right to erasure. The paper argues that although the NDPA 2023 contains fragmentary provisions from which a limited form of the right to be forgotten may be inferred, these provisions fall short of establishing a coherent and enforceable legal right. The absence of explicit constitutional recognition and the lack of doctrinal clarity render the right normatively present but legally underdeveloped. The study concludes that the right to be forgotten in Nigeria is neither illusory nor fully realized; rather, it exists within an uneasy normative space, pending the legislative and constitutional consolidation necessary to give it full juridical expression.
PROSECUTORIAL DISCRETION IN THE ADMINISTRATION OF CRIMINAL JUSTICE AND THE APPLICATION OF PLEA BARGAINING IN NIGERIA AND THE UNITED STATES: A CORRELATIVE ANALYSIS
Prosecutors confront a broad spectrum of circumstances in the administration of criminal justice and are vested with substantial discretion in determining the appropriate course of action in each case. Though this autonomy has historically been a defining attribute of the prosecutorial function, it operates within the confines of legal provisions and policy directives intended to guide and structure decision-making. Despite these frameworks, ongoing concerns highlight the need to balance prosecutorial independence with the imperatives of fairness, transparency, and accountability. This tension is most pronounced in the context of plea bargaining, where prosecutors may offer reduced charges or recommend mitigated sentences in exchange for a guilty plea. The scope and application of this discretion differ significantly across jurisdictions. Adopting a doctrinal method of research, this article critically examines the relationship between prosecutorial discretion and plea bargaining, focusing on Nigeria and the United States. The discussion in the paper principally evaluates the breadth of prosecutorial discretion and its impact on negotiated pleas, identifying issues relating to potential overreach, unequal bargaining positions, and procedural safeguards. The article further considers statutory and institutional limitations, alongside judicial attitudes toward prosecutorial choices. It concludes by proposing reforms aimed at promoting accountability, enhancing consistency, and strengthening public trust in Nigeria’s criminal justice process.
Prosecutorial discretion, plea bargain, prosecutorial power, public interest
LIBERALIZATION OF TRADE IN PROFESSIONAL SERVICES UNDER THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA) AGREEMENT AND IMPLICATIONS FOR THE LEGAL PROFESSION IN NIGERIA
Foreign lawyers are presently barred from engaging in legal practice in Nigeria without prior authorization. However, this could change in the future thanks to the African Continental Free Trade Area (AfCFTA) Agreement. The 2018 agreement seeks to reduce barriers to trade among African countries and one of its main operational protocols is the Protocol on Trade in Services (PTS). The AfCFTA PTS seeks to liberalize services trade amongst state parties, and five priority sectors have been identified for the take-off stage. One of them is professional services which encompasses legal services. It is therefore now possible that the Nigerian legal services sector which has hitherto shut its doors on foreign lawyers could one day open up to them. This article examines the shape that any future changes could take as well as what it means for lawyers in the country. The outcome of the inquiry is that the potential liberalization is a bag of mixed fortunes. While Nigerian lawyers and law firms will get considerable latitude to operate in other African countries, they could also face competition from law firms/lawyers from different jurisdictions who want to operate in the country. It is therefore recommended that lawyers and professional bodies in the country should get prepared for any future eventuality.
Trade in Services, African Continental Free Trade Area (AfCFTA) Agreement, and Legal Profession.
CONSTRUCTION DISPUTE RESOLUTION AFTER THE NIGERIAN ARBITRATION AND MEDIATION ACT 2023: EMERGENCY ARBITRATION, INTERIM MEASURES AND ENFORCEMENT
Nigeria’s construction and infrastructure sector is dispute‑dense: large project values, complex interfaces, time pressures and multi‑party delivery structures generate frequent claims for variations, extensions of time, price escalation and termination. Until 2023, dispute resolution practice relied primarily on contract‑based arbitration and court‑controlled supportive measures under a framework widely regarded as dated and vulnerable to delay tactics. The Arbitration and Mediation Act 2023 (AMA 2023) repeals the previous federal statute and introduces innovations that matter directly to construction disputes: mandatory court referral to arbitration on timely request, emergency arbitration, a modern interim‑measures regime (including recognition and enforcement of interim measures), consolidation and joinder, a modernized setting‑aside standard, third‑party funding and a statutory mediation framework with enforceability of settlement agreements. This article explains how these reforms recalibrate risk and strategy across the construction dispute life‑cycle, from drafting and project administration to interim relief, multi‑party proceedings and enforcement while highlighting persistent gaps such as the absence of a dedicated statutory adjudication and security‑of‑payment regime as it postulates that the Act’s practical success depends on judicial attitude, institutional capacity and disciplined clause‑drafting. The article concludes with targeted recommendations for parties, counsel, arbitral institutions and policymakers.
OPTIMISING INCLUSIVE PARTICIPATION FOR CLIMATE ACTION AND SUSTAINABILITY IN THE NIGER DELTA: LESSONS FROM NORWAY AND NEW ZEALAND
This article established the need for enhanced inclusive participation in climate action and sustainability in the Niger Delta, drawing on lessons from Norway and New Zealand. The Niger Delta holds enormous oil and gas resources and natural resources, including diverse forest and ecosystem species. Unfortunately, petroleum operations in the region have led to devastating environmental degradation and biodiversity loss, which has undermined climate efforts and severely limited progress towards sustainable development. While legal and institutional frameworks exist to provide for indigenous participation in environmental governance, it was revealed that the Niger Delta still lacks extensive indigenous participation in climate action and sustainable development. The current poverty, lack of awareness, rentier mentality, and gaps in legal and policy implementation, among other factors, have limited the inclusive participation desired in the region. Thus, the practices of jurisdictions such as Norway and New Zealand in guaranteeing indigenous and inclusive participation in climate action and sustainability provided recommendations to optimise inclusive participation across the region. These included legal and regulatory reforms to mandate indigenous participation and co-governance; extensive environmental/climate education; local capacity building and poverty reduction; the integration of indigenous knowledge into environmental/climate policies, strategies, and practices; and enhanced transparency.
Inclusive Participation, Climate Governance, Environmental Sustainability, Niger Delta
JUDICIAL CONTROL OF MORTGAGEE POWERS, ILLEGALITY, AND FAIR HEARING IN NIGERIAN COMMERCIAL JURISPRUDENCE: A CRITICAL ANALYSIS OF AYOOLA v DOMINION TRUST LTD
This article undertakes a rigorous doctrinal and jurisprudential analysis of the decision of the Court of Appeal in Ayoola v Dominion Trust Ltd, focusing on the limits of judicial control over the exercise of a mortgagee’s power of sale in Nigerian commercial law. The case raises complex issues relating to secured lending, alleged repayment, undervalue sale, procedural irregularities, and claims of denial of fair hearing. It interrogates fundamental questions concerning the evidential burden in proving indebtedness, the sanctity of pleadings, the scope of illegality in commercial transactions, and the extent to which procedural infractions may vitiate judicial outcomes. The article argues that the Court reaffirmed orthodox principles governing mortgage transactions, particularly the primacy of contractual terms and the strict burden placed on mortgagors seeking to restrain the exercise of a mortgagee’s power of sale. It further demonstrates that the Court adopted a disciplined approach to procedural law by declining to elevate technical breaches, including delayed judgment delivery and alleged denial of fair hearing, into jurisdictional defects absent proof of miscarriage of justice. The article concludes that the decision consolidates Nigerian appellate jurisprudence on evidentiary evaluation, illegality, and appellate restraint, reflecting a maturing commercial jurisprudence that privileges substantive justice while maintaining procedural discipline.
Mortgagee’s power of sale, Illegality, Pleadings, Fair hearing, Evidential Burden, Appellate review, Nigerian commercial law.
FROM POLICY TO COURTROOM: HUMAN RIGHTS AND THE LEGAL ENFORCEMENT OF CLIMATE JUSTICE
Climate change represents a multidimensional threat, disproportionately affecting vulnerable populations and raising fundamental questions about justice, equity, and human rights. Litigation grounded in human rights has emerged as a pivotal tool for enforcing environmental accountability, bridging the gap between abstract climate policies and tangible protections for affected communities. This study examines the evolving role of human rights frameworks in climate litigation, highlighting how courts increasingly recognize the interdependence between environmental protection and the realization of rights such as life, health, and cultural integrity. By analyzing landmark cases including Urgenda v Netherlands, Milieudefensie v Shell, and Leghari v Pakistan the research demonstrates how legal action can compel states and corporations to adopt measures that mitigate climate impacts and uphold human dignity. It also addresses persistent challenges, such as establishing causation, navigating jurisdictional complexities, and ensuring equitable access to justice for marginalized groups. The paper argues that integrating scientific evidence with human rights claims enhances both the credibility and effectiveness of climate litigation. Moreover, community-led and grassroots actions play a crucial role in democratizing legal advocacy, ensuring that the voices of those most affected by climate change are heard. The study concludes that human rights-based litigation, while not a standalone solution, is essential for advancing environmental justice, promoting accountability, and fostering inclusive, sustainable climate governance.
Human rights; Climate change litigation; Environmental justice; Accountability; Vulnerable communities; Legal frameworks; Climate governance; Grassroots advocacy
BARTZ V. ANTHROPIC: FAIR USE IN BALANCING AI TECHNOLOGICAL DEVELOPMENT AND COPYRIGHT IN AI TRAINING DATA
Access to copyright works is central to the training of Artificial Intelligence (AI) models, particularly, Large Language Models (LLMs). This paper reviews the application of the doctrine of fair use to AI training data by the US Court in Bartz et al. v. Anthropic in comparison to the earlier case of Thomson Reuters Enter. Centre GmbH v. Ross Intell. Inc and latter decision in Kadrey v. Meta Platforms, Inc. The paper argues that Bartz v. Anthropic may provide some guidance in balancing the interests of AI development and copyright owners by separating the issues of infringing AI output from AI training data. It also allows fair use for copyright protected AI training data only where the works were legally obtained which still gives room for compensation to copyright owners which ensures that copyright does not stifle technological advancement.
VOLKSGEIST VS. SOVEREIGN COMMAND: A COMPARATIVE ANALYSIS OF LAW’S SOURCE IN SAVIGNY AND AUSTIN ABSTRACT
The question of law’s ultimate source has divided jurists for centuries, with profound implications for how legal systems are built, reformed, and legitimated. This paper undertakes a comparative analysis of two seminal 19th-century answers: John Austin’s command theory, which locates law in the will of a determinate sovereign backed by sanction, and Friedrich Carl von Savigny’s doctrine of the Volksgeist, which sees law as the organic expression of a people’s historical and cultural consciousness. The study first reconstructs Austin’s positivist model of law as “properly so called,” highlighting its emphasis on clarity, sovereignty, and the separation of law from morality. It then examines Savigny’s historical jurisprudence, which rejects deliberate legislation in favour of custom and juristic science as conduits for the national spirit. A systematic comparison reveals fundamental divergences on the nature of legal validity, the role of history, attitudes to codification, and the relationship between law and society. While Austin’s theory underpins modern statute-based systems and offers analytical precision, it struggles to account for customary and international law or to identify the sovereign in complex democracies. Savigny’s Volksgeist, though influential in comparative law and postcolonial jurisprudence, risks romanticism and cannot easily accommodate plural, multi-ethnic states. Using Nigeria’s dual legal heritage of received English law and indigenous customary law as a reference point, the paper argues that neither theory alone provides a complete account of law’s source. Instead, a durable legal order requires both Austinian authoritative pedigree and Savignian social congruence. Law, it concludes, is at once command and culture.
ECONOMIC JUSTICE AND INEQUALITY: ANALYSIS OF ECONOMIC DIMENSIONS TOWARDS THE REALIZATION OF SOCIAL JUSTICE IN NIGERIA
Economic justice is one of the main aspects of social justice, concerned with ensuring equitable distribution of wealth, opportunities, and privileges within a society. This paper examines the concept of economic justice and its relationship with social justice. With particular reference to Nigeria, a country endowed with abundant natural and human capital resources, economic disparities remain obvious and persistent in view of the large-scale income disparity, high rate of unemployment and poverty. This suggests the need to critically engage the theoretical, as well as the legal and policy frameworks underpinning economic justice in Nigeria, focusing on wealth distribution, poverty, the minimum wage debate, universal basic income (UBI), and taxation and redistribution policies. This paper demonstrates how law and institutions or the lack of institutions enable economic inequality in Nigeria, while discussing the social justice implications of these economic challenges. It evaluates how legal reforms and institutional interventions can bridge the gap between the rich and poor, and promote inclusive development and foster economic justice.
Social Justice, Economic Justice, Minimum Wage, Taxation, Poverty
THE STATE OF INTERNATIONAL LAW: FORMAL INCLUSION, STRUCTURAL EXCLUSION, AND THE CASE FOR NORMATIVE RECONSTITUTION
This paper argues that the international legal order remains structurally illegitimate, grounded in Eurocentric normative premises that preordain the terms of participation for Third World states. International law’s foundational doctrines, sovereignty, statehood, and treaty-making capacity, were forged in European imperial practice and universalised not through consensus but conquest. The formal admission of Third World states into this order, notably through the United Nations system, created a framework of inclusion without equity: sovereign equality on paper, subordination in practice. The enforcement of the UN Charter reveals this discrepancy, as it operates through a selective, instrumentalist approach that permits participation by Third World states while maintaining structural dominance by former imperial powers. This paper contends that doctrinal expansion and institutional membership cannot cure a legitimacy deficit that is foundational rather than incidental. Genuine reform requires not merely inclusion within existing frameworks but the reconstitution of the normative premises upon which such frameworks are based.
International Law; TWAIL; Eurocentrism; Structural Illegitimacy; Decolonisation; UN Security Council; ICJ; Third World
TAX GOVERNANCE AS AN INTEGRAL COMPONENT OF CORPORATE GOVERNANCE: INSIGHTS FROM THE 2025 TAX REFORM ACTS
The interface between taxation and corporate governance has gained renewed prominence in light of Nigeria’s comprehensive tax reforms laws enacted in 2025. Traditionally, taxation for many corporate bodies have been treated as a compliance function. However, today taxation has become a core governance concern with significant implications for corporate accountability, transparency, and sustainability. This paper examines the role of tax governance as an integral component of corporate governance in the context of Nigeria’s fiscal framework under the tax reforms laws. The study aims to interrogate the extent to which these laws collectively reshape corporate obligations and emphasised tax compliance as a board-level responsibility. Adopting a doctrinal and analytical approach, the paper evaluates key provisions such as the minimum effective tax regime, mandatory disclosure of tax planning arrangements, e-fiscalisation requirements, and enhanced enforcement mechanisms. The findings reveal that the 2025 reforms fundamentally transform tax compliance from a routine administrative function into a strategic governance imperative. They impose heightened responsibilities on boards of directors, particularly in the areas of tax risk management, transparency, and regulatory engagement. The study further finds that failure to integrate tax governance frameworks exposes corporations to significant financial, reputational, and operational risks. To this end, the paper recommends enhancement and/or institutionalisation of structured tax governance framework for corporate organisations, including board-level oversight through audit committees, investment in digital tax infrastructure, and the alignment of tax strategy with corporate values and stakeholder expectations. It concludes that robust tax governance is indispensable for sustainable corporate performance in Nigeria’s evolving regulatory environment.
ASSESSING THE REALISATION OF THE RIGHT TO WATER AND SANITATION FOR INTERNALLY DISPLACED PERSONS IN NIGERIA: A CASE STUDY OF UHOGUA IDP CAMP, BENIN CITY, EDO STATE
Water, sanitation and hygiene (WASH) are internationally recognized as essential components of the right to human dignity and health. The rise in insurgency particularly in the North-Eastern part of Nigeria, has led to displacement of several persons, leaving many vulnerable to poor living conditions. Internally Displaced Persons Camps (IDP) are often characterized by overpopulation which often worsened the challenges related to access to water, sanitation and hygiene. This study assesses the gap, if any, between the international human rights standards of availability, quality and safety, accessibility, affordability and sustainability and the realities of WASH implementation in the privately coordinated camp- “Home for the Needy” Internally Displaced Persons camp in Uhogua, Benin City, Edo State (known as Uhogua IDP camp.) The research adopted a mixed legal research methodology that combines traditional doctrinal analysis of existing laws on WASH and international legal documents and qualitative methods through interviews and physical observation so as to assess water and sanitation conditions. The findings reveal an implementation gap despite the camp’s organized structure: inadequate and poorly maintained toilet facilities compromising privacy and dignity while residents endure irregular water supply due to lack of electricity. The study concludes that, in order to improve WASH conditions, there be stronger state involvement. Collaboration between the state and the camp’s private coordinator is also necessary to aid the provision and management of WASH facilities in Uhogua IDP camp.
right to water and sanitation, IDPs, Uhogua IDP Camp, Benin City
PROTECTION OF THE RIGHTS OF NIGERIAN RESEARCHERS AND PARTICIPANTS OF INTERNATIONAL HEALTH RESEARCH
The benefits of health research to populations have proven that the global community cannot dispense with such practices. There has been an increase in the number of international collaborative research involving human participants in Nigeria and it is necessary to protect the rights of Nigerian researchers and participants of research. The rights of both parties must be protected because they could be subjected to harm and unethical activities if the research field is not carefully regulated. Using a doctrinal method of study, this article discusses the regulatory framework that protects researchers and participants of health research in Nigeria. It discusses biobanking and genomic research and some ethical issues associated with such research that could violate the rights of both researchers and participants. It analyses the issues that need to be sorted out to ensure that these frameworks are effective. The article recommends that health institutions should establish research ethics committees in accordance with regulatory directions and equip them to adequately perform their responsibilities
International research, Collaborative health research, Rights, Participants of research, Nigerian researchers, Biobanking
AN EXAMINATION OF THE EXPANDED JURISDICTION OF TAX APPEAL TRIBUNAL: A PANACEA FOR REVENUE DISPUTES OR RECIPE FOR CONSTITUTIONAL ANARCHY?
This study examined the tensions surrounding the jurisdiction of the Tax Appeal Tribunal (TAT) in Nigeria. The specific focus was on the shift from pre-2025 regime to the expanded powers under section 29 of the Joint Revenue Board (Establishment) Act, 2025 (JRBEA). The study aimed to determine whether the legislative expansion of TAT jurisdiction over purely state-enacted tax laws is a legitimate efficiency reform or an unconstitutional incursion into Nigeria’s fiscal federalism. Through a doctrinal analysis of the 1999 Constitution and judicial precedents, notably PSIRS v. Jos Electricity Distribution Company Plc, the study found that while the TAT effectively resolved disputes arising from federal statutes like the Personal Income Tax Act, the 2025 reform created a constitutional anomaly by subordinating state legislative authority and the jurisdiction of State High Courts to a federally constituted tribunal. The study further revealed that this centralisation risked institutionalising a de facto unitary system, potentially hollowing out the autonomy of federating units. To this end, the study recommended that the National Assembly amend Section 29 to adopt a cooperative federalism model, requiring complementary state legislation to validate TAT jurisdiction over local levies. Additionally, the study proposed decentralising the tribunal’s composition to include state-nominated representatives. The paper concluded that while the TAT is essential for specialized revenue dispute resolution, its legitimacy depends on a constitutional architecture that balances centralized efficiency with the structural integrity of Nigeria's federal character.
BEYOND THE ARBITRATION AND MEDIATION ACT 2023: STRUCTURAL AND SUBSTANTIVE IMPERATIVES FOR MAKING NIGERIA AN INTERNATIONAL ARBITRAL HUB
The 2023 Nigerian Arbitration and Mediation Act (AMA) is a notable piece of legislation. Though modelled upon modern arbitration laws, this article argues that the enactment is a superficial index of Nigeria's pro-arbitration stance. The true measure of a pro-arbitration jurisdiction depends on two critical factors: the institutional design of the supervisory jurisdiction of the national court and the substantive judicial elaboration of its laws, respectively. Through a comparative analysis of the successful regimes of the specialised commercial courts in Singapore, Dubai, Germany and the Netherlands, the article highlights a significant disparity in the Nigerian context. This is exemplified by the structural dysfunction of the Lagos State Commercial Court (LSCC)-a fast-track division that represents an isomorphic mimicry of the procedural flexibility and jurisdictional autonomy found in the successful international models. From a substantive perspective, the article reveals a finality paradox in the Nigerian version of Kompetenz-Kompetenz. It argues that the existing friction between Section 14(5) and Section 14(6) of the AMA leads to a race to the award, potentially prioritising efficiency over party consent and the legitimacy that consent fosters. To enhance Nigeria's global standing, the article recommends a national policy on Kompetenz-Kompetenz to maintain the finality of jurisdictional determination under Nigerian law. Learning from Section 1032(2) of the German Code of Civil Procedure (ZPO), it further recommends a model that permits early court review of arbitral jurisdiction before the constitution of the arbitral tribunal, while upholding the finality effect under Section 14 (5) after the procedure has begun.
Arbitration and Mediation Act 2023, Kompetenz-Kompetenz, Finality Paradox, Isomorphic Mimicry, Specialised Commercial Courts, Supervisory Jurisdiction.
THE LEGAL MAKING OF NIGERIA AND THE UNENDING FEAR
This article presents the result of an indepth investigation using a doctrinal research method and historical analysis to explain ‘why’ and ‘how’ Nigeria has been in a political mess since its creation in 1914. The investigation reveals that the British deceived African Kings and Emirs with the goal of advancing their territorial ambitions. The African leaders misguided trust in treaties of friendship and guarantees of sovereignty signed with Britain. Additionally, it was discovered that the British utilised legal instruments, particularly the Imperial Orders in Council, to support their territorial acquisitions. These instruments were found to be illegal under both British law and in international law, as well as against world’s moral standards. The paper concludes that the annexation of Nigeria falsely labeled as a voluntary ‘amalgamation’ endorsed by Nigerians, is based on an illegal foundation due to the illegality of the supporting instruments. It also argues that various forms of ‘fear’ have prevented Nigeria from rectifying the issues created by the British to this day.
SAMOA AGREEMENT : ANALYSING THE FEARS AND FALLACIES SURROUNDING HUMAN RIGHT CLAUSES
Recently, there had been public concerns over the Samoa agreement raised by Nigerians. The most common concern and perhaps misconception about the treaty, is that it automatically includes the rights of LGTB to be protected under Nigeria Law. Thus, government started taking the backlash to the effect that it is endorsing LGTBQ on Nigerians. These perceptions gave birth to certain fears and fallacies surrounding the signing of the Samoa Agreement. These perceptions are not correct in law and facts. It was in an attempt to address these concerns that this work derived its inspiration. This paper has established that the signing of Samoa Agreement is not an invasion of Nigeria’s cultural heritage which seeks to enforce the Rights of LGTBQ. It was also the finding of this paper that enforcing the terms of Samoa Agreement with respect to the LGTBQ will further lead to intra/Inter statutory conflicts with other domestics and regional laws enacted by Nigeria. This paper further found that Samoa Agreement is a good legislation that is needful to address the current social, political and economic realities of Nigeria, thus, if the government is against the human rights aspect, it reserve that part of the treaty. In the course of writing this paper, the writer deployed the use of doctrinal material where statutes, case laws, books, and articles in journals, newspapers and magazines as well as other related source.
Expanding the Frontiers of Locus Standi in Public-Interest Oil-Related Litigation in Nigeria: An Examination of Centre for Oil Pollution V. Nigerian National Petroleum Corporation
The decision of the Supreme Court of Nigeria in the recent case of Centre for Oil Pollution v Nigerian National Petroleum Corporation (2018) LPELR-50830(SC) appears to have signalled a jettisoning of the restrictive application of locus standi in the context of public-interest litigation instituted to protect the environment. The markedly liberal approach adopted by the Supreme Court in the case, which placed less emphasis on the sufficient interest/personal injury test and more emphasis on the need to protect the environment, has expanded the frontiers of locus standi in public interest environmental litigation. Against this background, this article examines the decision in Centre for Oil Pollution v Nigerian National Petroleum Corporation with a view to assessing the extent to which the liberalisation of the locus standi rule has opened up access to environmental justice in Nigeria. The article finds that the Supreme Court’s decision in Centre for Oil Pollution v Nigerian National Petroleum Corporation potentially empowers public-spirited individuals and relevant Non-Governmental Organisations to protect the environment by means of litigation. Nevertheless, the article concludes that despite the laudable expansion of the locus standi rule as seen in Centre for Oil Pollution v Nigerian National Petroleum Corporation, the case fell short of providing a reasonably easy pathway to environmental justice for poor villagers. This is because public-interest litigation of the kind seen in Centre for Oil Pollution v Nigerian National Petroleum Corporation can offer no monetary compensation to the impoverished inhabitants of communities who bear the brunt of the environmental degradation resulting from oil spills.
Locus Standi, Environmental Law, Access to Justice.
Copyright (c) 2025 The Obafemi Awolowo University Law Journal
Domestic Redress Mechanisms for Serious Crimes, the International Criminal Court and a Nation’s Cry for Help
This paper examines the lacuna created by a nation's unwillingness or inability to prosecute its own crimes and the International Criminal Court’s perceived reluctance to intervene when domestic justice fails. Using the case of Nigeria, it addresses the misconception that the International Criminal Court (ICC) is the expected messiah who can bring reprieve and respite to the victims of serious crimes of international concern. The study clarifies the principle of complementarity in the Nigerian context and argues that the gap created by the failure of domestic redress mechanisms, and ICC’s inaction can only be filled by urgent local action by the requisite political and legal actors. The paper concludes that strengthening Nigeria’s domestic justice system is crucial to minimizing the need for the ICC's intervention and ensuring credible justice for victims.
The Doctrine of Foetal Personhood: Implications for the Liberalization of Abortion Law in Sub-Saharan Africa
Since the ICPD conference in 1994, liberalization of abortion laws has continued to be a significant part in reproductive health discuss due to its implication on intentional health care services. The politics and law of abortion reform across Sub-Saharan Africa turn, repeatedly and predictably, on the question of foetal personhood: whether the foetus is understood by law to be a rights-bearing person, and at what point that status begins. In Sub-Saharan Africa where legal regimes range from highly restrictive to comparatively liberal, assertions of foetal personhood have been said to influence statutory drafting, judicial interpretation, and legislative politics even in countries undergoing incremental liberalization. Using conceptual and comparative legal analysis, this paper examines the doctrinal roots and varieties of foetal personhood as one of the theoretical foundations that underpins the conservative stance of most legal provisions and judicial interpretation of extant laws on the subject. It finds that the doctrine has practical effects on efforts to liberalize abortion laws in the region and reframing foetal personhood in legal and policy discourse can enable reforms that prioritize pregnant persons’ bodily autonomy and public health over foetal rights. The paper concludes with normative and pragmatic recommendations for policymakers, advocates, and judges seeking to advance safe, rights-based access to abortion while navigating personhood claims.
Unlocking Climate Finance for Africa: Rethinking Access Mechanisms for Sub-Saharan Economies Under the Paris Agreement
Despite contributing less than four percent of global greenhouse gas emissions, Africa is disproportionately affected by climate change, experiencing recurring floods, desertification, and food insecurity. Climate finance is central to addressing these vulnerabilities, yet Africa consistently receives a fraction of global flows. Estimates suggest that the continent requires approximately $250 billion annually by 2030 to meet both adaptation and mitigation needs, but current allocations are heavily skewed toward mitigation, while adaptation, critical for livelihoods and resilience, remains chronically underfunded. Compounding this challenge, financing is predominantly loan-based, increasing debt burdens, and the complexity of application processes, weak institutional capacity, and fragmented regulatory frameworks further limit access. This article critically examines why climate finance under the Paris Agreement has largely failed to deliver meaningful support to African economies. It explores structural, regulatory, and institutional barriers that undermine the continent’s ability to mobilise and effectively utilise international climate resources. The study draws comparative lessons from South Africa’s Just Energy Transition Partnership, Latin America’s green bonds and debt-for-nature swaps, and the advocacy of Small Island Developing States for loss and damage, highlighting pathways that could inform African approaches. The article advances practical opportunities for reform, including streamlining global fund governance, scaling regional climate finance mechanisms, establishing credible monitoring, reporting, and verification standards, responsibly leveraging private finance, and exploring innovative instruments such as debt-for-climate swaps and regional carbon markets. It argues that without deliberate reform, Africa will remain marginalized in climate finance flows, risking further vulnerability. Only through structural, legal, and financial innovation can the continent secure the resources necessary to implement both adaptation and mitigation measures and participate equitably in the global low-carbon transition.
Environment, Climatic change and Environmental degradation
Leveraging the AfCFTA for Continental Renewables and Carbon Credit Market: Legal, Institutional and Policy Pathways
Africa is confronted with the dual challenge of addressing severe energy poverty while responding to global pressures for rapid decarbonisation as well as the growing demand for sustainable investment mechanisms. The International Renewable Energy Agency (IRENA) estimates that the continent could generate annually 10 terawatts of solar energy, 350 gigawatts of wind, 15 gigawatts of geothermal, and 1,750 terawatt-hours of hydropower. Despite this, the absence of integrated frameworks limits cross-border energy trade and the development of carbon credit markets, leaving Africa reliant on piecemeal national initiatives and exposing it to risks of carbon colonialism. This article argues that the African Continental Free Trade Area (AfCFTA) offers a transformative platform to address these deficiencies. By harmonising grid codes, tariffs, and renewable energy regulations, and aligning with regional economic communities (RECs), AfCFTA can enable the emergence of a functional cross-border renewables market. The study further examines mechanisms to integrate private sector actors, including independent power producers, financiers, and carbon credit registries, and the role of digital platforms in ensuring transparency and verifiable emissions reductions. Integration with global carbon markets under Article 6 of the Paris Agreement is considered, alongside the critical need for robust monitoring, reporting, and verification (MRV) frameworks. Through critical case studies and prescriptive recommendations, this article demonstrates that AfCFTA is not merely a trade instrument but a vehicle for continental decarbonisation. Leveraging its institutional and legal architecture can mobilise investment, harmonise policy, and unlock Africa’s renewable and carbon credit potential, bridging energy poverty and climate ambition.
Applicability and Impact of International and Regional Gender Mainstreaming Instruments in Nigeria
Gender mainstreaming has taken centre stage in the modern global and regional governance systems as a main tool of promoting gender equality. Notwithstanding an extensive constellation of international and regional undertakings, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Beijing Platform for Action, the Millennium Development Goals (MDGs), the Sustainable Development Goals (SDGs), and the African Union Gender Policy, numerous states, Nigeria among them, persist in exhibiting marked implementation disparities. These differences can be explained by the longstanding lack of harmony between these multilateral instruments and systematic integration into national laws, policies, and institutional framework. This analysis aims to critically assess the main international and regional instruments that form the basis of gender mainstreaming and to determine their applicability, dynamics of their operation and impacts in the Nigerian context. In order to attain this goal, it takes a doctrinal approach to research. The results indicate an extreme discordance between the progressive legislation that Nigeria has enacted, including the National Gender Policy, and its relatively weak enforcement capabilities. The combination of socio-cultural resistance, lack of political will and inadequate institutional resources are some of the obstacles to effective implementation. This article therefore proposes a number of policy suggestions: the strengthening of the legislative and administrative enforcement tools, the improvement of the intersectoral coordination, and the launching of the public awareness campaigns aimed at reducing the cultural barriers. The integration of a coherent approach that aligns domestic initiatives to the current international and regional gender systems is essential to the achievement of substantive gender equality in Nigeria.
Algorithmic Justice or Automated Injustice? A Critical Examination of the Disadvantages of Artificial Intelligence in Arbitration
Artificial Intelligence (AI) is often regarded for its ability to increase accessibility, lower costs, and improve efficiency in arbitral procedures. Beneath these potentials, are a number of significant issues that raise doubts about whether AI promotes algorithmic justice or results in automated injustice. This study employed a doctrinal research design, which is largely qualitative, meaning it is non-numerical. A doctrinal research design is a theoretical approach rooted in libraries that is mostly employed in legal research. It entails identifying, organizing, and interpreting legal norms and principles through the critical analysis and synthesis of existing legal resources, including statutes, case laws, and regulations. Without gathering personal evidence, this research approach concentrates on "the letter of the law," looking at legal theory separately to address particular legal issues, formulate legal theories, and spot contradictions, ambiguities, or places in need of reform. The study revealed that the drawbacks of AI in arbitration are critical, and particular attention is required to resolve the challenges of algorithmic bias, decision-making opacity, data scarcity, hallucinated results, and the loss of party autonomy. In addition, the study discovered that, even while AI can be a useful tool to help arbitration, relying too much on opaque algorithms runs the risk of compromising due process, transparency, and the validity of arbitral decisions. The study concludes that whereas the merits of the use of AI in arbitration cannot be overestimated, care must be exercised to consider the shortcomings of AI. The study recommends the need for AI specific enactment in Nigeria.
Legislative Research and Knowledge Management for Evidence Informed Policy Making
Abstract In contemporary governance, the demand for policies that are not only politically legitimate but also socially effective has elevated the importance of evidence-informed policy making (EIPM). Legislative research and knowledge management emerge as critical pillars in achieving this objective, particularly in developing democracies such as Nigeria. This paper examines the interrelationship between legislative research, knowledge management, and evidence-informed policy processes, highlighting how these elements can strengthen the quality of lawmaking and policy outcomes. Legislative research provides lawmakers with data, analysis, and comparative insights necessary for drafting and evaluating laws, while knowledge management ensures that information is systematically captured, organized, and made accessible to decision-makers. Findings reveal that although Nigeria possesses growing data infrastructure and research capacity, systemic barriers, including weak knowledge-sharing systems, political interference, and limited demand for evidence, undermine effective policy use. The paper argues that integrating legislative research with robust knowledge management frameworks can transform policymaking into a more transparent, participatory, and outcome-oriented process. Ultimately, the study underscores the necessity of building institutional capacities, fostering political will, and embedding a culture of evidence use within Nigeria’s governance structures to advance sustainable and inclusive development, Methodologically, adopting the doctrinal approach.
Legislative Research, Knowledge Management, Evidence Informed Policy Making