Benin Journal of Public Law , Volume 11 , 2025

Democratic representation of citizens is a core principle of Nigerian constitutional framework. Despite the stipulation and decision law validating the principle with respect to local governance, state governments have breached it by way of dissolution of democratically elected local government councils before the end of tenure for which the councils were elected and for self-serving purposes. While the courts have long and consistently outlawed the dissolution of local government councils, an escapist means to achieve that is by suspending them as an accountability mechanism in the exercise of the superintending rights of State governments over local government councils. Suspensions of local government councils have had the same effect as dissolution by disrupting democratically elected local government councils, despite pretentions to the contrary. By employing the doctrinal approach, the paper argues that the overarching purpose of the constitutional principle of having democratically elected local government councils should be employed and the imperative to discard the pliant attitude of legislative endorsement of suspensions of local government councils. The continuing suspension of democratic governments at local levels and the effects on democracy and constitutionalism requires greater scrutiny. Although recent judicial attitude on the issue decries suspensions, which is commendable, there is need for compliance in order to give full effect to the intentions of the framers of the Constitution.

Movement of animals has led to direct contact between man and animals. It has become very rampant because of the availability of fodders in every town and city of Edo State. Cattle owners have seized the opportunities to fattening their cattle. Against this background, herdsmen are hired and made to herald cattle into towns and cities of Edo State. It is worthy of note that these contacts between man and animal have been very productive in some respect and in other cases very destructive. It has been productive where it generates food, raw materials, income for man and means of transportation. It has been destructive where it leads to destruction of crops and some other criminal acts like rape, assault, assault occasioning harm and even murder. Recent movement of cattle by herdsmen in towns and cities of Edo State has been encapsulated with animal activities by herdsmen and their cattle. Against the above background, suggestions have gravitated between the restraints of the movement of cattle and that the creation of colonies for grazing purposes in Edo State. In response therefore, this study shall attempt to critically assess the existing laws of Edo State as it relates to movement of animals with special focus on a comparative approach. This work shall also attempt to proffer legally admissible recommendations that could curb the menace created by the lacuna in the extant laws of Edo State.

There is a growing need to manage marital crisis positively to prevent an increasing number of dysfunctional families. The use of family agreements has over time been used as a mitigating factor although the enforceability of these agreements has been a subject of enquiry by legal practitioners and other interested parties. This study explored the nature of family agreements; their creation, types and common covenants. The study further examined the question of the enforceability of family agreements in Nigeria, the breach, remedies and modes of enforcement. The methodology adopted is qualitative, implemented through a doctrinal and content analysis approach. The study revealed the combination of Section 70-74 of the Matrimonial Causes Act gives an implied legal nod to the enforceability of family agreements in Nigeria. The study further found that family agreements shown to possess the essentials of valid contracts including the intention to create legal relations which are valid contracts that can be adjudicated upon by courts of competent jurisdiction. This study concluded that the legislature should give express assent to the use of family agreements as this would clear all doubts regarding the enforceability of family agreements. Pending the legislative intervention, it is recommended that family agreements be treated as any other contract which can be adjudicated by courts.

This study focused on the role of intellectual property rights in commercialization of outer space, it analyzed the evolution of outer space from the earlier exclusive state government controls to the enactment of the first Commercial Space Act and the consequent influx of the private entities into the outer space sector. The study explained the international space law treaties’ relevance to the commercial sector and the perceived deficiencies of the treaties to modern space law issues. The study adopted the doctrinal research method relying on both the primary and secondary sources of information. The study found that less attention had been given to the existing legal framework for intellectual property protection in outer space. It also found that focusing on intellectual property rights would facilitate understanding of the existing outer space legal framework, the inherent deficiencies that could undermine intellectual property rights in technology available for space activities and the imperative for reform. The study recommended that there should be a balance between the utilitarian benefits of outer space and protecting the interests of the private entities that are investing hugely in space activities. The study stated the need for the the amendment of the existing space treaties.

Marriage celebration remains an important ritual that inducts couples into independent family life in Nigeria. Four forms of marriage celebration are popularly celebrated in the country: Islamic marriage, traditional or customary marriage, Christian marriage and statutory marriage. However, of the four, only Christian marriage is less recognized in terms of Nigerian law, except where the Christian worship place is statutorily licensed. This restriction raises some questions: to what extent can a state determine the validity of a religious marriage? Does a religious marriage constitute a manifestation of religious freedom? Is requiring religious institutions to seek approval before conducting marriage a legitimate limitation to the right to religious freedom in Nigeria? These, among other questions, are what this article evaluates to determine the constitutionality or otherwise of the (un)recognition of marriage celebrated in a church building in Nigeria unless the building is licensed. The article adopted a doctrinal research approach and critically reviewed statutes, judicial decisions and scholarly writings.

The legal personality of a natural person commences at birth and terminates at death. A natural person is classified as a legal person endowed with rights and obligations, whereas an artificial person, an entity created by law, operates through human agency. The concept of legal personality is essential in delineating the rights and responsibilities of entities within the legal framework. This article is aimed to analyze the principle of legal personality, particularly focusing on the process of lifting the veil of incorporation. Employing a doctrinal research methodology, the study examined both primary and secondary legal sources, to explore the development and implications of legal personality for natural and artificial persons. The findings indicated that the Companies and Allied Matters Act (CAMA) 2020 and some other statutes, adequately covered instances wherein the corporate veil may be lifted, and the officers or members would be held liable for the acts of the company. However, the overarching principle remains that companies are distinct legal entities separate from their members, capable of suing and being sued, as established in the landmark case of Salomon v. Salomon. Despite the prevailing acceptance of this doctrine, it was crucial to recognize circumstances where lifting the corporate veil could be warranted, particularly in cases of fraud or misconduct. Therefore, the article recommended that courts maintain a proactive stance in evaluating situations where impropriety is evident, thereby ensuring accountability and justice within corporate conduct. This would not only uphold the integrity of the legal system but also reinforce public trust in corporate governance.

International treaties abound in all aspects of environmental law. Despite these treaties, environmental degradation persists. This paper provides an overview of various International Treaties and their objectives, with focus on the compliance levels of developing countries, particularly Nigeria. Using the doctrinal research methodology approach, this paper reviews existing literature and analyses treaty documents to understand how these countries have domesticated these treaties, either through complete compliance or by adapting their local laws. This paper also discusses the challenges faced by developing countries in meeting the objectives of International Environmental Treaties, identifying factors such as poor public awareness, government insensitivity, inadequate funding, natural disasters, overgrazing, illegal poaching, corruption, and poverty. This paper recommends public education, stakeholders’ initiatives, and rural involvement in environmental protection, renewable energy use, and stronger governmental enforcement of environmental laws. These recommendations aim to bridge the compliance gap and enhance the effectiveness of international environmental laws in promoting sustainable development.

Following recent cases of domestic violence against women in Nigeria, the relevance, adequacy and efficiency of Nigeria’s legal framework on issues bordering on violence within the domestic sphere has come under intensive scrutiny and debate. Commentators have stressed the need for stricter laws to break down the high walls that make the menace invincible and a reoccurring decimal. This paper employs a doctrinal approach in critically appraising domestic violence against Nigerian women and evaluating available laws. An attempt is made to highlight the available legal framework on domestic violence in Nigeria, amplify the deficiencies of these legal protections towards enhancing their efficacies and fostering the protection of the rights of women against abuse in Nigeria. The paper suggests ways to enhance the effective implementation of Nigeria’s intimidatingly vast legal regime among which are legal and regulatory reforms.

On the 13th of November, 2024, the India’s Supreme Court ruled against the practice of ‘Bulldozer justice’ calling it unconstitutional. The court held that authorities cannot demolish residential properties solely on the basis of criminal accusations without due process. This ruling comes in response to a number of petitions seeking action against authorities using demolition as a punitive measure against those accused or convicted of crimes. Bulldozer justice is the extrajudicial practice of demolishing properties owned by individuals accused of serious crimes, often without a proper legal process. Utilizing a comparative legal methodology, this paper examines the legality of the bulldozer justice system across multiple jurisdictions. The paper evaluates the legal responses to the practice and finds that different courts in different jurisdictions have held that the practice is not only unconstitutional but it also violates basic human rights tenets including the right to fair trial, right to own and acquire property, right to housing and shelter etc. From the comparative evaluation attempted, the paper finds that bulldozer justice represents a failure of governance, justice, and humanity. Among a host of other recommendations, the paper recommends that inclusive urban planning, which integrates informal settlements into the broader framework of formal urban development, offers a more sustainable and equitable solution.