Journal of Commercial and Property Law

Rape as an Endemic Factor in Nigeria: An Examination of its Causes, Effects and Control

2024-04-12T21:33:15+01:00

Nigeria is presently faced with a number of challenges which are pathetic and raise serious
concern for the safety of our society. Insecurity, corruption, unemployment, abject poverty, poor
medical care, kidnapping and incessant rape offenses are parts of what is experienced on daily
basis. Rape is a global social problem and its perpetrators and victims cut across all age brackets.
In Nigeria, rape is a serious offence which attracts life imprisonment. Despite this, the commission
of rape offence is on the high side and it has become an endemic in our society. It is not enough to
make provisions for punishment against rape offenders, but to also examine the causes, effects and
ways to prevent further occurrence in the society. This paper examines the concept of rape under
the Nigerian law, causes of rape, effects of rape, factors militating against the efforts to reduce
rape and possible ways to reduce rape in our society. This paper adopts doctrinal approach of
qualitative method of research with the use of primary and secondary materials such as the
Statutes, decided cases, online journals, textbooks, conference papers, published articles and
newspaper. This paper concludes that punishment alone cannot eradicate rape, rather adequate
attention should be given to the causes, effects and ways to prevent rape in our society since
nothing justifies the act of rape. This paper recommends and calls for more awareness and
sensitization on the causes and effects of rape in addition to adequate retributive measures to
reduce rape in our society.

Legal Impact of the Advancement of Digital Technology on Copyright Protection in Nigeria

2024-04-13T19:13:48+01:00

The revolution in digital technology has been witnessed in every sphere of human endeavour but
mostly felt in information and communication technology where it has transformed the landscape
of business. Digitalization which would have been in the interest of copyrighted works has turned
out to be a cog in the wheel of progress where intellectual property protection is concerned.
Digitalization has muddled the water considering the extent it has been aiding and abating
intellectual crimes. To address the rising need for copyright protection in Nigeria, series of laws
have been made and many international treaties ratified in a bid to checkmate the exploitation and
use of copyrighted materials without permission or acknowledgement. Using doctrinal research
methodology, this paper examined the legal impact of digital technology on copyright protection
in Nigeria. Primary and secondary sources of data were used. The primary sources include
statutory enactments, case laws and other relevant international treaties. Secondary sources
include textbooks, law journals, periodicals, opinion of writers and information from the internet.
The paper found that while a new and commendable copyright Act has been enacted, the Act is yet
to be reconciled with other existing laws on the subject matter. It has therefore, among others,
recommended that all laws in Nigeria which influences modern technology should be revisited and
amended to complement each other.

Children in Penitentiary: Legal implications

2024-04-13T20:25:57+01:00

Children are being incarcerated in Adult correctional centres across Nigeria, thereby depriving
them of their right to child justice administration anchored on reformation and rehabilitation. This
aberration in the Nigerian Criminal justice system spawns a lot of concern in view of its
devastating and perilous effects on the children and the society by extension. Incarceration divests
the children of rights to life, health, education and dignity of human person. It further advances
recidivism, moral decadence and insecurity in the society. This paper examines this pertinent issue
which is prevalent in Nigeria and recommends an immediate government intervention towards
establishing a proper child justice administration with sustainable correctional institutions for
children in every State of the Federation for proper treatment of child offenders in line with
international standards and trends.

Appraisal of the Child Rights Act in Curbing Child Hawkers in Nigeria

2024-04-12T20:48:18+01:00

The use of children as hawkers is an age-old practise. Children as hawkers are considered one of
the major atrocities committed against children and referred to as child abuse or exploitation.
This vice does not end at mere hawking but extends to include other ills sometimes leading to the
death of the child as a result of their vulnerability and exposure to other possible dangers. Over
the years, there have been conscious efforts towards the protection of children generally from
various forms of abuse. While it seems some of these abuses are abated, there are still certain
challenges experienced by children in Nigeria and hawking is one of them. The paper examines
the laws applicable in Nigeria that addresses child abuse generally with focus on the use of
children as hawkers. The paper further analyses in detail, the impact of the Child Rights Act (CRA)
in curbing child labour and exploitation. It finds that the CRA and other ratified and domesticated
foreign instruments cater to the rights of the child and protects them from hawking. The paper
recommends the need for harmonisation of legislations on the minimum age to work, improvement
on implementation and enforcement of the various legislations to enforce child rights and curb
exploitative labour and child hawking.

Examination of Traditional Judicial Methods of Settlement of Dispute in Ebonyi State

2024-04-12T22:03:50+01:00

From prehistoric times up till the present, humans have encountered disputes in their quest to live
together. Over time, they developed different methods of resolving same. The geographical area
of Ebonyi State, Nigeria is not left out. These dispute resolution mechanisms pre-dated the advent
of the colonial legal system and are still in place. Because of the sheer importance of these
mechanisms, this article was conceived to examine them and urge people to accept them in
addition to the more common and orthodox dispute resolution mechanisms. It is believed that a
ready acceptance of these coupled with a dynamic and fervent fine-tuning thereof will have a
positive and reverberating effect on the speed and quality of dispute resolution in Ebonyi State
with the ultimate and inexorable consequence of accentuating the harmonious co-existence of
people in this geographical area.

An Appraisal of the Legal Framework for the Indivisibility and Indissolubility of Nigeria

2024-04-13T20:14:49+01:00

As a matter of factual inference, sections 14(3); 15(2), (3)(c) & (d), (4); 42(1) of the Constitution
of the Federal Republic of Nigeria 1999 somewhat provides notable constitutional affirmation of
the heterogeneity of the population of the Federal Republic of Nigeria. In other words, those
constitutional provisions confirm that there are various/different [indigenous] peoples, religious
and linguistic ties or groups, sectional and/or ethnic groups in Nigeria. However, regardless of
the variety of indigenous peoples with diverse religious, linguistic, and ethnic ties that make up
Nigeria’s population, the Nigerian Legal System has some firm legal framework to ensure not only
the oneness of Nigeria but the indivisibility and indissolubility the “one Nigeria”. The said legal
framework may broadly be categorized into two, namely: constitutional framework and statutory
framework for the indivisibility and indissolubility of Nigeria are presented and interrogated in
this Paper.

Purposive Approach to Statutory Interpretation: Comparative Analysis and Impact on Nigerian Legislative Drafting

2024-04-12T21:46:51+01:00

This paper examines the rising prominence of the purposive approach to interpretation, which
considers the underlying legislative purpose to inform the interpretation and application of
statutes. The persistent ambiguity and unintended consequences of applying the literal rule in
legislative drafting necessitate thoroughly examining the potential and challenges of adopting a
purposive approach to statutory interpretation. Through a comparative analysis of legal systems
in the UK, France, Canada, South Africa, and Nigeria, the paper explores how the purposive
approach has influenced legislative drafting and judicial interpretation. One of the specific
objectives of this research is to study the potential and limitations of adopting a purposive
approach to statutory interpretation in Nigeria through improvements in legislative drafting
practices and judicial application. To ensure a comprehensive and rigorous analysis, the paper
employs a doctrinal research method. The paper finds that a purposive approach to statutory
interpretation enables users to ascertain the legislation's purpose easily. It improves clarity and
efficiency. It also enables the user to discern the legislative intent easily. This will enable the courts
to interpret laws in a manner that will further the purpose of the legislation. The research
recommends that drafters should incorporate mechanisms by inserting a purpose clause in the
legislative proposal to promote a purposive approach to the interpretation of statutes.

A Critique of the Limitation of the Right of Fair Hearing by the Exclusion of Hearsay Evidence

2024-04-13T19:56:49+01:00

Judicial proceedings under the Nigerian judicial system are adversarial in nature. In this system,
the parties either in prosecuting or defending their cases must present sufficient evidence to be
entitled to judgment as per the allegation(s) contained in their pleadings or information.
Meanwhile, the judge under this system sits as an independent umpire to examine the evidence
presented for and/or against the claim or defence by the parties. The Court is to be guided by the
law and rules of evidence as to who has the burden and standard of proof required as well as what
evidence to admit or exclude. The law of evidence, being a matter under the exclusive Legislative
List, is enacted by the National Assembly and regulates the rules on proceedings relating to
evidence in most Nigerian Courts in addition to judicial decisions as well as other recognized
Laws, Charters, or Protocols. The Nigerian Constitution guarantees as fundamental to her
citizens, the rights to fair hearing, right to have their causes heard within a reasonable time and
to defend themselves in person or by legal practitioners of their choice. Would it not therefore
amount to unconstitutionality, when the law of evidence which is largely adjectival that should not
be found contrary to the provisions of the Constitution, patently excludes from admissibility,
evidence which are categorized as hearsay? This paper, using the doctrinal research methodology,
answers this question in the affirmative and offers some recommendations for improvements in
this area of law and practice.

An Examination of the Application of International Labour Standards in Nigeria

2024-04-13T20:30:31+01:00

The International Labour Organization (ILO) serves as the determinant of an international labour
code otherwise known as International Labour Standards (ILS), the ILO regulates the practice of
labour and employment in its member-states through Conventions, Treaties, Recommendations,
Protocols and Declarations. Nigeria is a member of the ILO and has ratified several ILO
Conventions, with twenty-six being in force. The work examined the role of the ILO in the
regulation and development of international labour law. Also, the work examined the application
of these ILS in Nigeria. The doctrinal research methodology was adopted wherein both primary
and secondary sources of law were examined and analyzed. The work found out that the ILO has
developed itself into the foremost regulator of international labour law through its system of ILS,
which now serves as a benchmark for member-states to gauge and align their domestic labour law
and practice. Additional, it was discovered that Nigeria can now apply ILS which the country has
duly ratified as provided under section 254C(2) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended). The work recommended that in view of the contemporary nature of
international labour law, Nigeria should amend or enact new labour laws in tune with reality. The
work further recommended that Nigeria should ensure that ratified ILS are complied with for the
development of our labour law and practice.

Patenting in Biotechnology: An Analysis of the Three Tests of Patentability under the Nigerian Patent Law

2024-04-12T21:23:27+01:00

Biotechnology has the potential to address some of the problems, including food insecurity and
malnutrition, the emergence and re-emergence of infectious diseases, and climate change,
besetting developing countries such as Nigeria. However, it poses a significant challenge to the
existing patent system in Nigeria due to its inherent connection to naturally occurring substances.
Therefore, this paper provides a legal analysis of the applicability of the patent standard tests of
novelty, inventiveness and industrial application to biotechnology in Nigeria. The analysis draws
on the interpretations of similar provisions in the European Union, the United States and the
United Kingdom. The primary purpose is to identify and clarify possible issues that could arise in
the bid to apply relevant provisions of the existing patent law to biotechnological inventions in
Nigeria. The paper found that biotechnological inventions and innovations have proven
challenging to the requirements of novelty, inventiveness and industrial applicability under the
globalised patent standards. This is because patent laws evolved primarily in response to the
development of machines and chemical processes, so they do not necessarily contemplate the
peculiarities of biotechnological inventions and innovations. It is recommended that for clarity,
there is a need for Nigeria to formulate principles that would guide the application of the patent
law to biotechnology as obtained in other jurisdictions, bearing in mind the possible implications
of biotechnology patents on public health, food security, traditional knowledge and the
environment among other factors.

Examining the Legal and Regulatory Framework for Safeguarding Employee Rights in Nigerian Mergers and Acquisitions

2024-04-12T22:18:22+01:00

With the growth of Nigeria’s economy and the increasing presence of multinational corporations,
mergers and acquisitions have become more common, raising concerns about employee treatment
during these transactions. Using doctrinal research methodology, this paper examined the legal
and regulatory frameworks governing mergers and acquisitions in Nigeria, focusing specifically
on the protection of employee rights. The findings of this paper revealed strengths, weaknesses,
and gaps within the current framework, highlighting the need for improvements to ensure fair
treatment, transparency, and accountability. Recommendations were made to strengthen employee
rights protection in Nigerian mergers and acquisitions transactions, with the goal of promoting
trust, social responsibility, and organizational stability. This inquiry contributes to advancing the
principles of equity, justice and sustainable development in the corporate landscape of Nigeria.

The Impact of the Suppression of Piracy and other Maritime Offences Act 2019 in the Fight against Piracy in Nigeria

2024-04-13T20:20:30+01:00

Nigerian waters are touted as ‘perilous’ and ‘hotspot of piracy’ in the world. The impact of this
notorious tag on the sociopolitical and economic objectives of Nigeria is devastating. The absence
of a standalone legislation outlawing piracy and other maritime crimes in Nigeria was seen as the
reason for the rise in piracy and maritime insecurity within the maritime domain. The National
Assembly of Nigeria enacted the Suppression of Piracy and Other Maritime Offences Act 2019 to
give effect to the United Nations Convention on the Law of the Sea 1982 provisions and the
Convention for the Suppression of Unlawful Act against the Safety of Maritime Navigation 1988.
The Suppression of Piracy and Other Maritime Offences Act 2019 is designed to punish and deter
piracy and other maritime crimes in Nigeria. This paper assessed the impact of the Suppression of
Piracy and Other Maritime Offences Act 2019 three years after its enactment. The paper adopted
the doctrinal research methodology and is structured to answer the question whether the
enactment of the standalone antipiracy legislation is an end in the search to suppress piracy and
other maritime offences in Nigeria. The paper is divided seven parts covering introductory issues,
advocacy, overview and assessment of the Suppression of the Piracy and other Maritime Offences
Act 2019 three years after and concluding remarks. The paper recommended the establishment of
National Coast Guard to combat the menace of piracy and other maritime offences in Nigeria.

Child Labour in E-waste Recycling: Unraveling the Socio-Economic Health Consequences in Context of SDG 3 Priorities in Nigeria

2024-04-12T20:33:28+01:00

The rising issue of child labour in the e-waste recycling sector reveals a troubling intersection of
socioeconomic challenges and health effects, particularly in light of Sustainable Development
Goal 3. This paper delved into the complex web of reasons that perpetuate child labour in e-
waste recycling activities, revealing the multifaceted health concerns, socioeconomic
ramifications, and alignment with SDG 3 targets. Using the doctrinal research methodology, the
study appraised the negative health effects caused by hazardous working conditions, toxic
substance exposure, and limited access to healthcare and education on children working in the
informal e-waste recycling industry. The paper also reviewed the socioeconomic factors that
contribute to child labour in e-waste recycling, such as poverty, a lack of regulatory control,
informal sector dynamics, and global supply chain difficulties, etc. The findings highlighted the
need for governments, industry stakeholders, civil society actors, and international organizations
to work together to eliminate child labour, protect health, and advance sustainable development
agendas in the context of e-waste management. The paper recommended integrated, rights-based
approaches that prioritise child welfare, support sustainable e-waste management practices, and
fit with SDG 3 objectives through this analytical lens.

Garnishee Proceedings under the Jurisdiction of National Industrial Court: An Appraisal

2024-04-12T21:52:43+01:00

Garnishee proceedings are a legal process used to recover debts owed to a creditor by seizing
funds held by a third party on behalf of the debtor. This Paper provides an appraisal of the current
state of the law regarding garnishee proceedings under the jurisdiction of the National Industrial
Court of Nigeria (NICN). It examines recent decisions made by the NICN in garnishee
proceedings, as well as appeals to the Court of Appeal. The article explores the legal and
constitutional issues involved in these types of cases and emphasizes the importance of a fair and
equitable resolution that protects the rights of all parties. The paper adopted doctrinalresearch
methodology and by analyzing recent developments and rulings, the paper aims to provide a
comprehensive assessment of garnishee proceedings in the NICN's jurisdiction and offer insights
into best practices and potential future developments in this area of law. The paper recommended
that as the law continues to evolve in this area, it is important to continue monitoring developments
and assessing their implications for best practices in garnishee proceedings in the NICN's
jurisdiction.

The Rights of Women in Islam and Some Misconceptions: An Analysis from Nigerian Perspective

2024-04-13T20:08:06+01:00

Allah (SWT) has created both men and women without subordination of one another. Islam has
ensured gender equality and women’s rights in every sphere of their life. Islam has guaranteed
rights of men and women in an equal degree and there is no discrimination between men and
women. But due to the prevailing socio-cultural norms and practices in Nigeria sometimes the
guarantee of Islam do not get translated into tangible actions. Islam is the religion which liberated
Muslim women by ensuring equal rights to them in comparison to their male fellow. There are
some misconceptions prevailing in Nigeria regarding women’s rights in Islam. Sometimes Muslim
women themselves falsely knew that they are backward and oppressed by their religion. Some
make great mistake in presuming that all conduct and practices of a Muslim are connected to
Islam. The prime object of this study is to pick out how rights of women are ensured and protected
in Islam. This study concludes with an allusion that women are not subordinate of men and indicate
an avenue to identify properly women in the light of Islam. This research is actually qualitative in
nature where only secondary data has been used. Analytical method was also used in this research.
Data has been collected from various books, journals, holy Qur’an and Sunnah (tradition) of the
Prophet (peace be upon him). This research finds that Islam does not deprive the women rather
ensuring proper rights, dignity and status but due to lack of proper Islamic knowledge and
awareness and sometimes to dominate or neglect some misconceptions prevailing among Muslims
women in Nigeria. To eliminate prevailing misconceptions regarding women rights in Islam
proper Islamic knowledge and awareness of the women is essential.