Nigeria

ERROR OF A UNITARY STYLED JUDICIARY IN A FEDERATION

Abstract

Nigeria has been proclaimed a federation. A cursory study of the constitutional provisions shows that it has been aptly described as such. Many have attempted to posit that Nigeria does not practice Federalism in the true sense of the meaning of federalism. However, others have argued that federalism is unique to the country practicing it as there is what is known as American Federalism different from the Swiss Federalism or German Federalism. Thus, they described the type of federalism practiced by Nigeria as Nigerian federalism. As much as we have tried to agree with the latter opinion that Nigeria practices federalism, however, we believe that there are constitutional errors in the structure of the federalism practiced in Nigeria. These errors could be traced to the history of Nigeria’s federalism and the influence of her colonial master’s form or structure of governance passed down or inherited. These errors, unfortunately, has been deeply entrenched.

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UTILITY OF THE COMMISSION OF INQUIRY ON POLICE BRUTALITY IN NIGERIA

Abstract

Over the years, Nigerians have suffered various forms of human rights abuses from security agencies particularly from personnel of the Nigeria Police Force (NPF). There have been agitations of various degrees for the government to address the menace which did not produce meaningful result thereby exacerbating the plight of the youths who have been the prime victims. In October, 2020 Nigerian youths took to the streets to protest against unaddressed human rights violations by security agencies, demanding the disbandment of the Special Anti-Robbery Squad (SARS) unit of the NPF (EndSARS). On the 20th of October, 2020, there were allegations of mass shootings of armless protesters by Nigerian Army officers at Lekki Tollgate. Sequel to this, the Federal Government (FG) was urged to set up inquiry into the EndSARS violence. However, there has been the contention as to who between the FG and States, is competent to set up a Panel of Inquiry (PI) into the EndSARS protest. Also, what is the utility of commission of inquiry in addressing the debacle? This paper through doctrinal methodology, interrogates these issues. It discusses factors that should be considered in setting up the PIs; militate against the effective implementation of the recommendation (s) of the Inquiries. It argues that; though under the Tribunal of Inquiry Act, 1966, States are the competent authority to set up PI, there are laws enabling the FG to set up inquiry on the issue hence, attention should be focused on how inquiry can be used to address the quagmire rather competence. The paper makes vital recommendations on how to mitigate the challenges that may confront the effectiveness of the inquiry as well as implementation of the reports

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Critical Evaluation of Domestic Violence Epidemic on Nigerian Women: Existing Laws and Need for Reforms.

Abstract

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.

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(Un)Recognition of Christian Marriages: Implication for Human Rights Development in Nigeria

Abstract

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.

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