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
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.
Copyright (c) 2026 The Obafemi Awolowo University Law Journal
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.
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.
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
Implications of the Restrictive Abortion Laws and Challenges to the Implementation of Women's Reproductive Rights in Nigeria
This paper examines the legal framework governing abortion and women's reproductive rights in Nigeria highlighting its provisions, ethical debates and profound implications. Through a critical analysis of domestic legislation, judicial interpretations and international human rights instruments, it reveals that Nigeria's highly restrictive abortion laws contribute significantly to a public health crisis marked by high rates of unsafe abortions, maternity and morbidity. The study exposes a critical disconnection between Nigeria's domestic laws and its international obligations, compounded by deeply and entrenched economic barriers that undermine women's autonomy and access to essential health care. By contrasting Nigeria's situation with more progressive jurisdictions like South Africa and the United Kingdom, this paper argues for urgent legal and policy reforms that prioritize women's health, dignity and human rights. It aims to bridge the gap between legal theory and lived realities, ensuring women's access to safe reproductive healthcare, upholding their fundamental human rights and fostering a more equitable and just society.
Controlling Environmental Pollution in Nigeria through NESREA Regulations: An Assessment of Air Pollution Control
Environmental pollution (EP) continues to pose one of the most pressing global challenges, and air pollution remains a critical aspect of this problem with far-reaching consequences for human health, ecosystems, and sustainable development. In Nigeria, air pollution is recognized as one of the most severe environmental problems, driven by rapid urbanization, industrial activities, fossil fuel combustion, and weak enforcement of environmental standards. These challenges highlight the urgent need for an effective legal and institutional framework to regulate and mitigate the harmful impacts of air pollution. The National Environmental Standards and Regulation Enforcement Agency (NESREA), established under the NESREA Act, 2007 bears the mandate of safeguarding Nigeria’s environment through the enforcement of compliance with environmental laws and regulations. This study employs the normative juridical research method to assess NESREA’s regulatory framework for air pollution control. The normative juridical research method bases its analysis on applicable laws, and regulations that are relevant to the legal issues that are the focus of research. Findings reveal that NESREA has enacted regulatory measures aimed at addressing air pollution; however, challenges persist in areas of enforcement, monitoring, and institutional capacity. The study underscores the need for strengthening compliance mechanisms, enhancing institutional efficiency, and ensuring stricter penalties for violations to promote environmental justice. It amongst others, recommends improve and adequate funding of the NESREA by the Nigerian Federal Government to enable the Agency to perform optimally by strengthening its capacity, efforts and reach. It concludes that improved enforcement of existing regulations is crucial for reducing air pollution, protecting public health, and achieving sustainable environmental quality in Nigeria.
Environmental Pollution, Air Pollution, Air Pollution Control, NESREA, Environmental Law, Nigeria
Pre-Action Notice in the Administrative Review of Procurement Proceedings in Nigeria: A Comment on Etudo v Bureau of Public Procurement
The paper analyses the decision of the Nigerian Court of Appeal in Etudo v Bureau of Public Procurement which affirms the decision of the Federal High Court that an aggrieved bidder must give a 30-day pre-action to the Bureau of Public Procurement (the Bureau) before it could appeal against the decision of the Bureau. It examines the implications of this decision on the bidder's right to access courts for a review of procurement proceedings. It submits that the decision would impede the access of aggrieved bidders to courts for the review of procurement proceedings. The paper recommends that the Public Procurement Act of 2007 should be amended to expressly provide that the service of pre-action notice is not a condition precedent for aggrieved bidders to appeal to against the decision of the Bureau.
Administrative review, aggrieved bidders, procurement proceedings
Integrating Forensic Science into Criminal Justice Reform for a Safer Society
This conference paper attempts to clarify that true reform of criminal justice (particularly in Nigeria) cannot be achieved without integrating forensic science at its very core. It highlights how science provides real-time courtroom evidence through various forensic methods and techniques all over the world in assisting investigations and transforming justice delivery from probability to certainty. However, in many developing countries, progress could be hindered by various inherent factors and challenges. The paper subsequently seeks to draw lessons from selected international models that showcase the value of integrating forensic science in criminal justice administration, thereby demonstrating how reform of criminal justice can move from rhetoric to reality. It challenges policymakers, scholars, and practitioners to see forensic science not as an accessory but as the very foundation of criminal justice administration for a safer and fairer society.
Crime, Evidence, Forensic Science, Justice, Reform
CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE ON COPYRIGHT INFRINGEMENT IN NIGERIA: AN OVERVIEW
Artificial Intelligence has become a new phenomenon that has found its way deep into intellectual property, particularly in copyright. The autonomous nature of artificial intelligence (AI) allows it to generate new creative works from existing original works. The lines between artificial intelligence and copyright have been blurred resulting to incidents of infringement in Nigeria without adequate legal and regulatory framework to address the challenges and liability of AI-based copyright issues. The paper adopted a doctrinal methodology, data obtained through primary and secondary sources will be analysed through descriptive and analytical approach. This paper found that the legislations across Nigeria have not adequately address the issue of AI-based copyright infringement The paper concluded by establishing a need for provisions regulating artificial intelligence under copyright laws. Based on this, the paper recommended strict liability for AI systems and secondary liability for third parties such as users involved in the infringement. Furthermore, implementation of licenses that will ensure legal authorization from copyright holders must be obtained. Additionally, it is important to revise the current copyright legislations to adapt to and provide for AI based output and infringement.
Artificial intelligence, Copyright infringement, Criminal liability, Generative output and Legal framework
An Appraisal of the Nature and Autonomy of Local Government as Enunciated in the Case of AG Federation vs AG Abia State and 35 others
The history of the Nigerian local governments had been characterized by quests for autonomy. Despite many legal frameworks that guarantee local government autonomy, State Governments have over the years been exploiting local governments financially, politically and administratively. The Federal Government had deliberated on how to combat these exploitations and uphold the autonomy of the local government as envisioned by the Constitution. The attempts of the Federal Government to combating the unconstitutional acts of State Governments birthed the celebrated case of AG Federation vs AG Abia State & 35 Ors. The case addressed constitutional issues surrounding the administration, funding, and democratic structure of local government in Nigeria. This paper evaluated the nature and autonomy of the local governments in Nigeria based on the decision of the Supreme Court in AG Federation vs AG Abia & 35 Ors. The paper examined the historical development of local governments in Nigeria, the position of local government autonomy before and after the case. It scrutinized challenges hindering the implementation of the Supreme Court judgment. The paper recommended possible solutions. The study concluded that local government must be independent both politically and financially in order to realize the main reason behind its establishment which is to bring government closer to the people. Independence of the Local governments will also ensure a greater participation of the people in the government and to be able to lay a rightful claim as the third tier of government in Nigeria.
Local government, 1999 Constitution, Autonomy, Reforms, Colonial Government
The Imperatives for Regulating Artificial Intelligence in Nigeria: Legal and Ethical Issues
This article appraises the imperative for regulating artificial intelligence in Nigeria x-raying the legal and ethical issues involved in the application of artificial intelligence. The potentials, prospects and problems inherent in the application of artificial intelligence have constrained many nations to design regulatory framework for its development, deployment and dealings. The sources of this paper are both primary and secondary. The article will make findings on the imperative for regulating artificial intelligence in Nigeria while discussing the legal and ethical issues involved in the application of artificial intelligence. The article will conclude that although there are some policy directives on the application of artificial intelligence in Nigeria, there is no specific comprehensive statute or law governing the application of artificial intelligence in Nigeria. The article will further conclude that it is imperative for Nigeria to have a specific comprehensive legal regulation for artificial intelligence. The article will further call on the Nigerian government through its legislative arm to specifically and comprehensively legislate on the use of artificial intelligence in Nigeria.
The Best Interest of the Child Principle in Child Custody Cases in Nigeria
One of the cardinal principles of international law is the best interest of the child princple enshrined in Article 3 of the UNCRC. The broad scope and general wording of the provision of the Article makes it relevant and important in all aspects of human society ranging from education, juvenile justice to health care. The 'best interest of the child princple ' is a universal principle of international law that is recognized globally and nationally. It has been incorporated into several regional, national instruments and legislations. Over the years, the principle has also found itself into the sphere of migration law and has impacted many different aspects, including the practice of detaining families with children, detention facilities and means of subsistence. It must be noted, however, that notwithstanding the existence of international, regional and national legal instruments and or frameworks that recognize the existence of this cardinal principle of law, its implementation is faced with challenges and difficulties in some countries in the world, Nigeria inclusive. These challenges are multifaceted in nature. This paper attempts to examine the implementation of the 'best interest of the child princple under the United Nations Convention on the Rights of Child, 1989 in Nigeria with a view to knowing whether its implementation is a reality or a mirage.
Legal Critique of Instruments of Executive Branch Administration and Modes of Government Policy Implementation in Nigeria
Some instruments of executive branch administration have remained controversial in Nigeria. This is especially the case with executive orders which have been perceived as instruments that encroach into the legislative powers and consequently an egregious violation of the sanctity of separation of powers which undergirds the Constitution of the Federal Republic of Nigeria1999 (as amended)[CFRN]. Against this background, the paper undertook a legal critique of instruments of executive branxh administration which by extension are the tools of government policy implementation in Nigeria. The doctrinal legal research methodology was used and the sources of data were primary and secondary sources of information. The paper found that the CFRN grants to the president and the governors in Nigeria the power to issue various instruments, such as executive orders in the discharge of their constitutional duties of implementing the CFRN and laws. By way of recommendation, the paper advocated that the CFRN should be amended to incorporate the express power of the President and a Governor to issue executive instruments, particularly executive orders as instruments of government policy implementation and that the courts should rise up to the occasion to invalidate executive branch instruments issued in violation of the CFRN or statutes, among others.
Executive Branch Instruments Government Policy Implementation Nigeria
Legislative and Policy Frameworks Protecting Whistle-Blowers in the Nigerian Public Service
This study analyses the extant legislative and policy frameworks protecting whistleblowers in the Nigerian public service in the absence of a comprehensive whistleblower protection law. There have been claims that government workers are complicit in the corruption of political office holders and their senior colleagues in the public service. The truth is that these same officers are crucial to curbing corruption in the public service. They hold sensitive and sometimes pensionable appointments, which make their roles inevitable if corruption is to be curtailed. However, for them to play these important roles, strong legislation and policies must be put in place to protect them. At the international level, in 2013, the ILO Committee of Experts stated the need for an effective, efficient public service with a strong ethical culture and transparency. By 2014, the ILO at a Global Dialogue Forum on Challenges to Collective Bargaining in the Public Service emphasised the potential of legislation, social dialogue and collective bargaining in ensuring independence and protection for public officers. By 2015, the world adopted the Sustainable Development Goals with target 166 requiring member states to develop effective, accountable and transparent institutions at all levels. In 2019, the ILO adopted the Violence and Harassment Convention (No. 190), which specifically mandates member states to take measures to protect whistleblowers as a way to fight corruption. Nigeria ratified Convention No. 190 in November 2022. The study recommends actionable points including enactment of stand-alone Whistleblower Protection Act, confidentiality guarantees with penalties in case of breaches and provision of remedies, among others.
Sacrificing Innovation in Artificial Intelligence on the Altar of Regulation: Nigeria as a Case Study
The introduction of Artificial Intelligence (AI) was welcomed by state and non-state actors because of the possibilities that could be actualised with the use of this ‘new system’. Just like the internet, the introduction of AI to the global landscape was not intended to be used to perpetrate ills or to violate the rights of persons. However, scars left from the unscrupulous use of technological innovations have raised fears from various quarters that this new system may fall into the wrong hands, causing greater evil than the intended good. These fears, though legitimate, have formed the basis for the formulation of restrictive regulations which in turn have hampered innovation in AI. To this end, this paper sets out to argue in favour of the innovations that can be developed from AI systems and the need for this system to be given full expression before the lawmakers can step in to formulate laws geared towards curtailing the potential mischief that may characterise the use of AI systems, rather than addressing merely perceived issues.
An Examination of the Legal and Institutional Frameworks for Company Investigation in Nigeria
A company being an artificial person acts through natural persons whose mind and acts are attributable to the company. The directors of a company are the hands and feet of the company and sometimes commit irregularity or some offence in the management of the company. These legal infractions would have to be investigated before necessary action can be taken. This paper examined the Legal and Institutional Framework for company investigation in Nigeria and finds that the provisions of Companies and Allied Matters Act as regards investigation of companies are too rigid and burdensome to the courts. A doctrinal approach of research is adopted which includes desk and library research. The paper recommends a review of the Company and Allied Matters Act to incorporate the use of Alternative dispute mechanism in settlement of claims as opposed to the involvement of the regular courts in Nigeria owing to delay in litigating cases in court and its negative effects on foreign investment and economic growth. The Corporate Affairs Commission should commit to their mandate of ensuring compliance with the Act as regards registration of companies to winding up of same and not be saddled with the duty of appointment of inspectors to investigate a complaint. They should rather refer the matter to an appropriate agency.
Decolonising Criminology: Africa’s Forgotten Contributions
Criminology is often presented as a predominantly Western intellectual tradition, with limited acknowledgement of Africa’s contributions. This perspective overlooks the rich body of criminological ideas that developed within African societies prior to colonial rule. These ideas, rooted in culture, philosophy, and communal practices, shaped distinctive approaches to crime, punishment, and justice. Yet, many were dismissed or rebranded as “new” by Western scholarship, with Africans themselves sometimes complicit in this erasure. This paper examines the structures of crime and punishment in traditional African societies and considers how these practices were altered under colonial influence. It highlights African approaches such as reconciliation, restorative justice, community policing, and differentiated responsibility, demonstrating their continuing relevance. By re-evaluating Africa’s role in the development of criminological thought, the paper argues for a more inclusive and accurate understanding of criminology’s intellectual foundations.