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
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.
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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
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.
Beyond the National Health Act: Arguing for a Comprehensive and Enforceable Maternal Care Policy in Nigeria
According to the World Health Organisation (WHO) “maternal health refers to the health of women during pregnancy, childbirth and the postpartum period”. Wikipedia further defines maternal health to encompass the health care dimensions of family planning, preconception, prenatal and postnatal care aiming to reduce maternal morbidity and mortality. The journey to motherhood in Nigeria remains one of the most perilous in the world. For tens of thousands of women each year, pregnancy and childbirth, universal symbols of life and hope, end in a preventable death. Nigeria bears a staggering and disproportionate share of the global maternal mortality burden, accounting for nearly 30% of all maternal deaths worldwide. This research investigated the persistent maternal mortality crisis in Nigeria and its profound impact on the nation's developmental indices and argued that the high rate of preventable maternal death constitutes a national emergency that is directly linked to failures within the country's legal and policy architecture. Using a doctrinal research methodology, I conducted a critical analysis of primary legal sources, including the 1999 Constitution of the Federal Republic of Nigeria, the National Health Act (2014), and the National Health Insurance Authority Act (2022), alongside relevant international treaties to which Nigeria is a signatory. My research also drew upon secondary sources such as scholarly journals, government reports, and publications from international development partners to assess the socio-economic consequences of the crisis. A primary challenge this research identified was that the existing legal framework, while well-intentioned, is fragmented, underfunded, and largely unenforceable, failing to provide a tangible right to survival for pregnant women. This research found that the non-justiciable nature of key constitutional provisions on health and the implementation gaps in current legislation are significant barriers to progress. In response to these challenges, this research proposed the enactment of a new, standalone "Comprehensive Maternal Care Act" (CMCA). I concluded that only a bold legislative mandate can transform the right to maternal health from an aspirational principle into an enforceable reality. This research recommended the establishment of a legally guaranteed continuum of care, a strengthened primary healthcare system, robust accountability mechanisms through an independent commission, and a diversified, ring-fenced funding strategy to ensure the long-term sustainability of maternal health services in Nigeria.
An Appraisal of the Competition Law Regime in the Nigerian Petroleum Industry
The petroleum industry occupies a central role in Nigeria’s economy, yet for decades it operated within a heavily regulated but competition-deficient environment. This paper critically examines the historical absence of a comprehensive competition framework in the sector, the fragmented legal approaches that preceded reform, and the transformative impact of the Federal Competition and Consumer Protection Act 2018 (FCCPA) alongside the Petroleum Industry Act 2021 (PIA). Employing the doctrinal research methodology, this paper explores how the FCCPA introduced universal competition standards prohibiting restrictive agreements and abuse of dominance, while the PIA provided sector-specific mechanisms promoting market liberalization, transparency, and regulatory accountability. The study also identifies persistent challenges to effective implementation, including regulatory overlaps, infrastructural monopolies, insecurity, and political interference, which threaten to undermine the gains of liberalization. It concludes with recommendations for enhancing competition enforcement, including inter-agency coordination, security reforms, and structural unbundling to promote a competitive and investor-friendly petroleum sector. By bridging gaps in existing literature, this study contributes to understanding the interplay between competition law and market liberalization in Nigeria’s energy industry.
An Analysis of the Legal and Institutional Framework for Oil Rights Acquisition in Nigeria
This paper evaluates the legal and institutional framework for the acquisition of oil rights in Nigeria, with a specific focus on the Petroleum Industry Act (PIA) 2021. The research analysed the statutory provisions, institutional structures, and procedural mechanisms introduced under PIA. The aim was to evaluate the effectiveness of the current regime in addressing longstanding challenges within Nigeria’s petroleum sector, identify gaps or ambiguities in its implementation, and propose reforms to enhance efficiency and transparency. The findings revealed that while PIA represents a significant step toward an equitable regime for oil rights acquisition, particularly through the establishment of robust regulatory institutions, including the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), Ministry of Petroleum Resources, Nigerian Content Development as well as Monitoring Board, etc., several challenges persist, including legal ambiguities in certain provisions, bureaucratic inefficiencies, and institutional capacity limitation, injustice and lack of transparency hampers the PIA's successful implementation. To this end, the study recommended a series of reforms to address these challenges. These include clarifying conflicting legal provisions, strengthening institutional capacities through funding and training, streamlining administrative processes to reduce delays, and enhancing transparency through digitization and stakeholder engagement. Furthermore, fostering synergy between the PIA and other relevant laws is essential to avoid regulatory conflicts.
Structuring Sukuk within the Shari’ah Framework for the Nigerian Islamic Capital Market
Sukuk, as Islamic financial instruments, have gained significant prominence in the global financial landscape as a viable alternative to conventional bonds. This paper delves into the critical aspect of structuring Sukuk within the Shari’ah framework, exploring the principles and methodologies that underpin their development and issuance. Sukuk, in essence, represent the intersection of Islamic finance and Shari’ah, embodying principles of ethical finance, risk-sharing, and asset backing. The primary objective of this paper is to provide a comprehensive understanding of the Shari’ah-compliant structuring mechanisms and considerations that guide Sukuk issuance. It examines the fundamental tenets of Islamic finance and their relevance to Sukuk structuring, encompassing concepts such as prohibition of Riba (usury), Gharar (excessive uncertainty), and Haram (forbidden) activities. In doing so, the paper highlights the importance of transparency and compliance with Islamic jurisprudence in Sukuk structuring. Furthermore, the paper explores the various Sukuk structures that have emerged over the years, such as Mudarabah, Musharakah, Ijarah, and Wakalah, and their adaptability to different industries and sectors. It also discusses the challenges and complexities associated with Sukuk issuance, including determining the underlying assets, assessing risk, and protecting investors. The research draws on an extensive review of literature, regulatory guidelines, and case studies to illustrate the practical application of Shari’ah principles in structuring Sukuk. It also examines the evolving landscape of Sukuk markets worldwide, as well as their role in infrastructure development, corporate financing, and sovereign fundraising. In conclusion, this paper emphasizes the pivotal role of Shari’ah compliance in Sukuk structuring, highlighting the need for a harmonious balance between financial innovation and adherence to Islamic ethics. It contributes to the growing body of knowledge in Islamic finance by providing a comprehensive guide for practitioners, scholars, and policymakers involved in the Sukuk market, ultimately fostering the sustainable growth of ethical finance within the global financial system.
International Human Rights Standards and the Laws Against Human Trafficking in Africa: A Critical Analysis
Human trafficking remains a plague ravaging the African continent. Thousands of Africans are trafficked year in and year out. This transnational crime, which can involve illegal organ harvest and luring vulnerable victims into the sex-slave market, has negative implications for the affected individuals. The African Union (AU) and other international organizations have put measures in place to arrest or de-escalate the upward trend of this menace, but the desired results are far from being achieved. Most states in Africa have set up both legal and institutional frameworks to tackle it. Still, it is quite worrisome that this crime is on the increase rather than being abated, as research has shown in Africa. This paper critically examines laws put in place to checkmate human trafficking in Africa through the lens of international human rights standards. It ascertains whether they are effective enough to combat and overreach the sponsors of human trafficking, rescue victims, and bring to justice all the perpetrators and sponsors of this heinous crime. The article identifies some of the theories that are viable tools in understanding the concept and the challenges encountered in the fight against human trafficking. While Nigeria is the focal case study, this paper analyses various cases decided by human rights courts from which learning points are drawn. The paper finds that there exist gaps between international human rights standards and extant laws on human trafficking. In conclusion, interventions addressing Africa-specific trafficking trends like community-based reporting mechanisms, victim support systems and reintegration, addressing gender-based vulnerabilities, strengthening border control, facilitating cross-border collaboration, and harmonization of anti-trafficking laws are recommended to effectively tackle the menace of human trafficking based on international human rights standards.
Theoretical and Conceptual Framework for Consumer Protection – A Comparative Analysis
The classification of consumer rights and protection is situated within the realm of public law, as society and states quite appropriately consider the consumer as the vulnerable party in the tripartite relationship involving the producers of goods and services, with Government acting as regulator. Consequently, legislation, standards, regulatory guidelines, and treaties have been created and established to protect consumer interests. This paper considered the theoretical foundation and conceptual framework critical for consumer protection, it examines the historical and philosophical justification, applying briefly, a comparative analysis, with the position of the United States and the European Union. The paper identifies areas of conflicts, particularly on who is covered under Nigerian Laws as a consumer. This paper considered and comparatively analyses these identified heads, including Consumer right advocacy, with a view to clarifying some historical inaccuracies and concludes with recommendation for robust expansion and coverage both as to scope and who is covered as a consumer under current Nigerian legislation.
A Comprehensive Review of the Contributory Health Insurance Legal Framework in Nigeria: Focus on the Borno State Contributory Healthcare Management Agency Law, 2018 (as amended).
The Borno State Contributory Healthcare Management Agency (BOSCHMA) Law (2018) established a contributory health insurance framework covering public, private, and informal sectors, with explicit provisions for vulnerable groups such as internally displaced persons (IDPs), women, children, the elderly, and persons with disabilities. However, its implementation in a post-conflict setting faced challenges of financial instability, governance risks, systemic weaknesses, and conflict-related disruptions. This article employs doctrinal legal analysis supported by policy review and comparative evidence to critically assess both the 2018 Law and the BOSCHMA Bill, 2025, within Nigeria’s decentralized health insurance landscape. Drawing on legislative texts, policy documents, and international comparators, the analysis examines institutional design, financing arrangements, and service delivery provisions, evaluating their alignment with Universal Health Coverage (UHC) principles and responsiveness to Borno’s conflict-affected population. Findings highlight significant progress in the 2025 Bill, including the harmonization of references with the National Health Insurance Authority (NHIA) Act 2022, legislated percentage-based contributions for public servants, and statutory provisions mandating transparent, evidence-based identification of indigent and vulnerable populations. These reforms directly address weaknesses in the 2018 Law, particularly the outdated references to the repealed NHIS Act and ambiguities in defining vulnerable groups. Nonetheless, operational challenges remain, including ensuring sustainable financing, institutional capacity-building, public trust, and delivery of guaranteed benefit packages in fragile settings. The review recommends embedding transparent beneficiary identification systems, defining explicit benefit entitlements, strengthening governance and accountability frameworks, and institutionalizing robust monitoring mechanisms. Lessons from national reforms and global post-conflict models provide actionable pathways for implementation. The Borno case—now reinforced by the 2025 Bill, offers critical insights for advancing UHC in fragile and conflict-affected contexts worldwide.
The Impact of Artificial Intelligence on Legal Practice in Nigeria: Opportunities and Challenges
This essay explores how artificial intelligence is changing the legal profession in Nigeria, evaluating its potential to improve productivity, cut expenses, and democratise justice while critically examining the moral, legal, and practical obstacles to long-term adoption. This study shows that AI serves as a supplemental tool rather than a replacement for attorneys, dispelling concerns that it will displace them or jeopardise legal education. AI improves the skills of legal professionals by automating repetitive duties, facilitating more in-depth analytical work, and enhancing decision-making—far from reducing the need for legal training. In order to assess AI's influence on Nigerian legal practice, the article uses a doctrinal methodology, evaluating case law, legal frameworks, and current literature. The study comes to the conclusion that, despite moral dilemmas and infrastructure obstacles, AI will probably be viewed as an essential ally rather than a threat in Nigerian law in the future, changing the field while upholding its fundamental principles.
Artificial, Intelligence, Legal, Practice, Regulatory.
INVESTIGATION OF THE GROUNDS FOR IMPEACHMENT AGAINST THE DEPUTY GOVERNOR OF TARABA STATE-NIGERIA (2012): SOCIO-LEGAL ANALYSIS OF THE ISSUES AND CHALLENGES
The Constitution of the Federal Republic of Nigeria, 1999 requires investigation of the grounds for impeachment by investigation panel. Accordingly, such panel was constituted and it investigated the grounds for impeachment of the Deputy Governor of Taraba State in 2012. The investigation appeared to have been bedeviled by so many issues and challenges. Thus, this article is aimed at identifying some of the issues and challenges which bedeviled investigations for the impeachment of the Deputy Governor of Taraba State with a view to proffering solutions for such proceedings in the future. The methodology adopted is a both doctrinal and empirical. This involved analysis of the facts about the investigation of Deputy Governor of Taraba State as revealed in relevant documents, judicial authorities and data generated from the interview conducted on 16 Respondents and other sources like the YouTube. One of the major findings is that the Constitution and Rules which guided the investigation and proof of the grounds for impeachment of the Deputy Governor of Taraba State do not make provisions on the standard of proof. In the light of the foregoing finding, it is recommended that the Constitution or the Rules guiding investigations for impeachment should set a standard for the proof of allegations of gross misconduct during the investigation proceedings. The standard of proof should be on balance of probability as is the requirement of proof in other civil cases.
URBAN AND REGIONAL PLANNING LAWS IN NIGERIA: A CASE STUDY OF LAGOS STATE FLOODING AND OVER POPULATION CHALLENGES, LEGISLATIVE REFORM INEVITABLE
Urban planning has been described as a way, art or science of ensuring the orderliness and the utilization of land, how buildings sit on lands and a proper and adequate communication road and/or routes channels with a view to securing the maximum practicable degree of economy, convenience and beauty. In addition, urban planning is a means of anticipating change, and arbitrating between the economic, social political and physical forces that determine the location, form and effect of urban development; it is a deliberate step or action taken by the appropriate statutory public institution saddled with the responsibility of taking decisions or making arrangements ahead of time to influence the trajectory of action on a particular need. The principal objective and/or goal of urban, physical and regional planning is the enhancement of efficient functioning of metropolitan and rural systems with effective coordination of various land uses. Notwithstanding the number of efforts exerted by the relevant authorities to ensure efficient functioning of our townships, wrong planning and mismanagement of lands have resulted in building and lands collapsing. The paper examined the problems of urban and regional planning in Nigeria, with particular focus on Lagos State flooding and over population challenges. In examining this topical issue, the article beams its search light on the following research questions: why are urban cities wrongly planned by the Nigerian authorities, are their qualified regional and townships planners in Nigeria, why is Lagos state the most affected by environmental disaster and buildings collapses? To arrive at the desired answers and findings to the research questions posed above, the study adopted the doctrinal legal research method by consulting primary and secondary sources of information on urban and regional planning matters in Nigeria based on academic texts and peer reviewed journals. The relevant statutory provisions of both federal and Lagos state governments were also examined.