Journal of Commercial and Property Law
type: channel
description: The Journal of Commercial and Property Law is published annually by the Department of Commercial and Property Law (now Department of Commercial and Industrial Law) Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State, Nigeria. The Journal which is peer reviewed calls for papers for the next volume. Contributors must focus on contemporary legal issues relevant to Legal Practitioners, Lecturers and Students of Law in particular, and the Society in general. All articles must be original and typed using one-and-half line spacing. One hard copy is required for assessment alongside an electronic copy sent through the email address: jcpl@unizik.edu.ngOR commercialandindustriallaw@dept.unizik.edu.ng
publisher: Journal of Commercial and Property Law
language: en
publication name: Journal of Commercial and Property Law
issn: 2736-0342
items: LEGAL EFFECTS OF NATURAL RESOURCES EXPLOITATION ON HUMAN AND ENVIRONMENTAL RIGHTS
items: CYBERSECURITY LAWS AND PRIVACY PROTECTION IN NIGERIA: A REVIEW
items: ASSESSMENT OF THE PLATEAU STATE SMALL CLAIMS COURT PROCEDURE AS A MECHANISM FOR QUICK DETERMINATION OF COMMERCIAL DISPUTES
items: UNEARTHING THE RELEVANCE OF ARTIFICIAL INTELLIGENCE IN CUSTOMARY ARBITRATION UNDER AFRICAN JURISPRUDENCE
items: FRANCHISING AS A COMMERCIAL OPTION: AN ANALYSIS OF THE LEGAL FRAMEWORK FOR ITS VIABILITY IN NIGERIA
items: ENFORCEMENT OF VAGUE ARBITRATION AGREEMENT UNDER THE NIGERIAN LAW: LEARNING FROM THE UNITED STATES AND ENGLAND
items: THE NEW INTERNATIONAL ECONOMIC ORDER AND THE ECONOMIC DEVELOPMENT OF DEVELOPING COUNTRIES
items: CRITICAL ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PROTECTION OF CONSUMER RIGHTS IN NIGERIA
items: BALANCING OWNER’S RIGHT AND HIRER’S PROTECTION: A STUDY OF SECTION 14 OF THE HIRE PURCHASE ACT AND ITS IMPLICATIONS ON HIRE PURCHASE AGREEMENT
items: THE ROLE OF ARBITRATION IN RESOLVING COMMERCIAL DISPUTES: A STUDY OF NIGERIAN COURTS ATTITUDES TOWARDS ARBITRARY AWARDS
items: AN EXAMINATION OF NIGERIAN LEGISLATIONS PROTECTING THE RIGHT OF A CHILD AGAINST CHILD MARRIAGE IN NIGERIA: THE CULTURAL AND RELIGIOUS INFLUENCES
items: AN APPRAISAL OF REINSTATEMENT IN PRIVATE SECTOR EMPLOYMENT IN NIGERIA
items: HOSTILE WITNESS AND THE PATH TO JUSTICE
items: LAND TENURE, PROPERTY RIGHTS, AND COMMERCIAL DEVELOPMENT: EXAMINING THE TENSIONS BETWEEN CUSTOMARY LAW, STATUTORY LAW, AND INVESTMENT SECURITY IN NIGERIA
items: AN APPRAISAL OF THE ENVIRONMENTAL CHALLENGES ASSOCIATED WITH THE NATURAL GAS RESOURCE AND ITS UTILIZATION METHODS IN NIGERIA
items: THE IMPACT OF TRADE LIBERALIZATION AND DUMPING ON LOCAL INDUSTRIES IN NIGERIA
items: ARTIFICIAL INTELLIGENCE AS AN INSTRUMENT TO NIGERIAN IMMIGRANT'S SOCIETAL INTEGRATION AND HEALTHCARE ACCESSIBILITY: A LEGAL PERSPECTIVE
items: TOWARDS AN INCLUSIVE AND RIGHTS-BASED ARTIFICIAL INTELLIGENCE GOVERNANCE FRAMEWORK FOR SUSTAINABLE DEVELOPMENT IN NIGERIA
items: CLIMATE ACTIONS: CARBON PRICING ROLES IN PROMOTING ENVIRONMENTAL JUSTICE AND ADDRESSING SOCIAL INEQUALITIES
items: HARNESSING INNOVATION: THE INTERPLAY OF PATENTS, TECHNOLOGY, AND INFORMATION COMMUNICATION TECHNOLOGY IN ACCELERATING THE CLEAN ENERGY TRANSITION
items: AN APPRAISAL OF THE REQUIREMENTS FOR THE ADMISSIBILITY OF EXPERT EVIDENCE IN NIGERIA
items: LEGAL ANALYSIS OF THE NIGERIAN TRADE POLICY AND PROTECTION OF LOCAL INDUSTRIES
items: AN APPRAISAL OF CRIMINAL LIABILITY OF LIMITED LIABILITY COMPANIES IN NIGERIA
items: IMPLEMENTING THE UNIFIED TAX IDENTIFICATION SYSTEM: LEGAL AND ADMINISTRATIVE CHALLENGES IN NIGERIA’S NEW TAX ARCHITECTURE
items: LEGAL PROTECTION OF MINORITY SHAREHOLDERS: A CASE FOR THE ADOPTION OF CUMULATIVE VOTING TECHNIQUE IN NIGERIA
items: CHALLENGES TO THE APPLICATION OF INTERNATIONAL ENVIRONMENTAL LAW IN NIGERIAN COURTS
items: AN APPRAISAL OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
items: INTRINSIC VALUES AS A DETERMINANT OF A NATION'S DEVELOPMENT: A CASE STUDY OF THE 2023 NIGERIAN PRESIDENTIAL ELECTION
items: THE EVOLVING LANDSCAPE OF PARENTHOOD, ADOPTION AND LEGITIMACY IN NIGERIA
items: COMPUTER-GENERATED EVIDENCE IN ELECTORAL DISPUTES: A CRITICAL EXAMINATION OF THE NIGERIAN EXPERIENCE AND ITS RELEVANCE TO INTERNATIONAL BEST PRACTICES

LEGAL EFFECTS OF NATURAL RESOURCES EXPLOITATION ON HUMAN AND ENVIRONMENTAL RIGHTS
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description: Our world today has become a global village radically taken over by industrialization and development in every aspect. Although these appear to be steps in the right direction in our quest towards perfection, it is important that steps are also taken to ensure the protection of the rights of humans in this ever-developing world, as failure to do so will put humans and the environment at the risk of a perfect disaster. It is in this regard that there is the development of human and environmental rights. These rights have been protected under various national and international laws, conventions and treaties, all of which are generally aimed at the same objective, which is to set out boundaries and preserve the environment and humanity in the course of environmental exploration and exploitation. Using doctrinal research methodology, this paper examines the legal effects of natural resource exploitation on human and environmental rights, with a focus on the Nigerian context. The research finds that though there are laws protecting human and environmental rights, most of those laws are similar to a toothless bull dog, who only barks but cannot bite. This is because they are non-justiciable, unenforceable, unspecific or too vague, making it difficult for one to institute an action for its enforcement. The paper therefore recommends that Nigeria adopts a rights-based approach to natural resource governance, where human and environmental rights are prioritized alongside economic growth.
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creator: Chukwuemeka E. IBE
creator: Onyeka Christiana ADUMA
creator: Chiamaka Ijeoma CHIKEKA
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 183
ending page: 194

CYBERSECURITY LAWS AND PRIVACY PROTECTION IN NIGERIA: A REVIEW
type: item
description: The study looked at cybersecurity risks and cybercrime, with a focus on Nigerian laws intended to protect people' digital assets and privacy as well as the integrity of state institutions. It used a doctrinal research methodology, examining Nigeria's current cybersecurity legislation. This approach provided a practical way to deal with a complicated problem that was changing quickly. The study heavily relied on online materials, including government studies and corporate sector publications that offered insight into worldwide practices, and explored a wide range of digital resources. The study used declassified and publicly accessible materials, including official websites and legal platforms, to examine Nigerian laws and regulations pertaining to cybersecurity and cybercrime. These sources provided clarification on the purpose and operation of these laws. It evaluated their efficacy and emphasised the need for further legislative and regulatory initiatives to improve protection for people, organisations, society, and the economy in the digital age. Although the scope of this right varies by nation from limited acknowledgement in some states to constitutionally established safeguards in others, the study recognised that privacy is a basic value that extends beyond people to organisations and institutions. It noted that data abuse has grown widespread, especially through illegal activity. The research also identified flaws in Nigeria's cybersecurity architecture, pointing out that although there are regulations, they are frequently not adequately enforced or prosecuted. According to the argument, Nigeria has not yet acknowledged cybersecurity as a crucial element of national security. In the conclusion, the research stressed that the benefits of adopting digital technology much exceed the drawbacks and advised the active participation of all stakeholders. Adoption of digital technology improves everyday life, boosts the economy, creates jobs, and has major societal a…
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creator: Kelvin BRIBENA
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 177
ending page: 182

ASSESSMENT OF THE PLATEAU STATE SMALL CLAIMS COURT PROCEDURE AS A MECHANISM FOR QUICK DETERMINATION OF COMMERCIAL DISPUTES
type: item
description: The need to secure speedy determination of cases bordering on debt recovery from commercial transactions has a long history. Quick, easy and non-complicated approach to the resolution of disputes undoubtedly promotes the ease of doing business. Globally, efforts have been made overtime to put the mechanism in place to address that need through procedural reforms and measures. The aim of this work is to assess the Plateau State Small Claims Court procedure encapsulated in the District Court Law Practice Direction, 2022. It then becomes pertinent to determine what the procedure seeks to achieve, how best the aspirations of the business community have been met by the law and the bottlenecks, if any, that litigants face. A doctrinal approach was adopted to undertake the study. The work finds that the small claims procedure is quite innovative and, if applied and implemented deliberately, it is capable of revolutionizing the ease of doing business. The work recommends the deployment of adequate personnel and infrastructure to make the court efficient and fully functional for quick disposal of cases pending before the court.
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creator: Arome Moses OKWORI
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 167
ending page: 176

UNEARTHING THE RELEVANCE OF ARTIFICIAL INTELLIGENCE IN CUSTOMARY ARBITRATION UNDER AFRICAN JURISPRUDENCE
type: item
description: Over the years, customary arbitration has played very important role in maintenance of peace and coexistence among the people indigenous to Africa. Generically, arbitration is a form private settlement of dispute. It is a form of dispute resolution mechanism outside the normal court proceeding. In Africa, until the introduction of western methodology in the administration of justice and subsequent classification of disputes into civil and criminal, arbitration had remained the tool for social equilibrium and management of cohesion among the indigenes. Due to advance in technology, artificial intelligence becomes germane in every field of human endeavour including settlement of disputes. The objective of this paper is to unearth the relevance of artificial intelligence in customary arbitration under African jurisprudence. The paper was commenced by reviewing the modus operandi of the customary arbitration in Africa. For this purpose, the paper adopted a doctrinal research method. It was discovered among others that the dichotomy of disputes into civil and criminal by the western adjudication system had downplayed the scope of customary arbitration in Africa among other challenges. Codification of African dispute settlement system methodology is also a challenge, hence the need to employ artificial intelligence. It was based on the foregoing that recommendations were made among which is the use of artificial intelligence in customary arbitration in Africa.
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creator: Igwe Onyebuchi IGWE
creator: Chizoba Reginald NWAHIA
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 160
ending page: 166

FRANCHISING AS A COMMERCIAL OPTION: AN ANALYSIS OF THE LEGAL FRAMEWORK FOR ITS VIABILITY IN NIGERIA
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description: Franchising stands as a globally significant business model with profound potential to drive entrepreneurship, job creation, and economic development in Nigeria. However, despite its increasing adoption, the sector's growth is critically hampered by an inadequate legal and regulatory environment. This paper provided a critical analysis of the legal framework governing franchising in Nigeria, arguing that the conspicuous absence of a dedicated, comprehensive franchise statute fundamentally undermines the viability of franchising in the country. This situation creates significant legal risks, deters foreign investment, and fails to provide adequate protection, particularly for franchisees who face information asymmetry due to the lack of mandatory disclosure requirements. Employing a doctrinal and analytical methodology, this study scrutinized the existing mosaic of applicable laws, the complex multi-agency regulatory requirements involving bodies such as NOTAP and the CAC, and the transformative potential of the proposed Franchising (Establishment) Bill 2022. The analysis found that while the current framework offers some protection, it is insufficient to foster a stable and attractive environment for franchising. Ultimately, this paper concluded that for Nigeria to unlock its vast franchising potential, legislative action is paramount. The pending Franchise Bill is identified as a crucial, though stalled, step towards aligning Nigeria with global best practices by introducing mandatory disclosures and standardized provisions. It therefore, recommended the immediate enactment of the Franchising Bill, the strengthening of IP enforcement mechanisms, the streamlining of the complex multi-agency regulatory environment to foster investor confidence and ensure a fair and predictable commercial landscape.
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creator: Chinazor Queen UMEOBIKA
creator: Linda Amarachi OTI-ONYEMA
creator: Chukwubuikem DAVID
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 147
ending page: 159

ENFORCEMENT OF VAGUE ARBITRATION AGREEMENT UNDER THE NIGERIAN LAW: LEARNING FROM THE UNITED STATES AND ENGLAND
type: item
description: This paper discusses the jurisdiction of the Nigerian courts in the enforcement of vague arbitration agreements. It identifies two broad categories of vague arbitration agreements. First, vague arbitration agreements that express the intention of the parties to arbitrate the dispute in a permissive language, such as “may” instead of “shall”, which denotes an obligation. Second, vague arbitration agreements that provide for an arbitration institution or the applicable rules that no longer exist. On the one hand, the article argues that vague arbitration agreements in the former category impose an obligation on the parties and should therefore be enforceable by summary judgment procedure or even be dismissed as frivolous and an abuse of the court's process. On the other hand, the article maintains the position that vague arbitration agreements in the latter category are structurally defective, thus requiring the courts to fill in the gap by activating the default mechanism rule for the appointment of arbitrators. This is where the “rubber meets the road” in determining whether the court action is unwarranted or necessary. Despite the enforcement of vague arbitration agreements by Nigerian courts, entertaining a lawsuit in light of the first category of vague arbitration agreements can hamper efficiency in arbitration and defeat the purpose arbitration provisions in a contract. The American and the English experience in light of the second category of vague arbitration agreement demonstrate an approach to melding the relevant provisions of the law of arbitration to pragmatic litigation that promotes the principles and practice of arbitration. This is an approach that the Nigerian courts should follow.
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creator: Nnaemeka NWEZE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 140
ending page: 146

THE NEW INTERNATIONAL ECONOMIC ORDER AND THE ECONOMIC DEVELOPMENT OF DEVELOPING COUNTRIES
type: item
description: The New International Economic Order (NIEO) originated as a set of proposals put forward in 1974 by some developing countries through the United Nations Conference on Trade and Development to promote their interests by improving their terms of trade, increasing development assistance, developed-country tariff reduction, and other means. This paper evaluates the genesis of the New International Economic Order in the development agenda of the developing countries. The study revealed that the NIEO was conceived to be a revision of the International Economic System in favor of the developing countries, replacing the previous system which had benefited the leading states that had created it – especially the United States. It was further revealed that while the Order was demanded by the Non-Aligned Movement, the term itself was derived from the Declaration for the Establishment of a New International Economic Order, adopted by the United Nations General Assembly and referred to a wide range of trade, financial, commodity, and debt- related issues. It was however concluded that although the entire idea of a NIEO was indeed the product of an agenda for discussions between industrial and developing countries, focusing on restructuring of the world’s economy to permit greater participation by, and benefits to developing countries, the Order as originally conceptualized failed to achieve successful implementation of its objectives for half a century leading to the emergence of the Progressive International, a movement of movements launched in May, 2020 with the aim of uniting progressive forces globally with a renewed NIEO campaign based on a more proactive and sober assessment of the original idea. The paper recommends inter alia that: international cooperation for development should be made a shared goal and common duty of all countries, thus thrusting into prominence the reality of interdependence of all the members of the world community.
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creator: Uchechukwu Wilson NWOSU
creator: Ezinne Madonna ALINNOR
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 130
ending page: 139

CRITICAL ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PROTECTION OF CONSUMER RIGHTS IN NIGERIA
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description: The Nigerian Federal Competition and Consumer Protection Act (FCCPA) which is modelled after the South African Competition Act, established two institutions for the purposes of enforcing its provisions. These are the Federal Competition and Consumer Protection Commission (FCCPC) and the Competition and Consumer Protection Tribunal (CCPT). It saddled them with the responsibility of promoting competition in the Nigerian market by eliminating monopolies, prohibiting abuse of a dominant position and penalizing other restrictive trade and business practices. The FCCPA is applicable to all commercial activities within, or having effect in Nigeria; and in order to ensure a cordial relationship and guard against power tussle between sector- specific regulators and the FCCPC, the Act mandates the FCCPC to negotiate agreements with sector specific regulators having competition and consumer protection competence to co-ordinate as well as harmonise the exercise of jurisdiction over competition and consumer protection matters within the relevant industry or sector. This paper identifies various ways by which FCCPA, Tribunal and Commission protects the rights of consumers, particularly by protecting them from unfair terms of contracts especially in relation to interactions between the service providers and the consumers. The approach to be adopted will be doctrinal method of legal research with references to the FCCPA as well as other legal writings in position papers delivered at seminars, workshops and conferences; journals and textbooks and relevant case law. The paper is relevant in this contemporary time in Nigerian history because several Nigerians have complained of arbitrary inflation of prices by traders and service providers, and the traders in turn blame foreign exchange and fuel crises for their reckless and indiscriminate actions.
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creator: Haruna Abubakar BAGUDU
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 121
ending page: 129

BALANCING OWNER’S RIGHT AND HIRER’S PROTECTION: A STUDY OF SECTION 14 OF THE HIRE PURCHASE ACT AND ITS IMPLICATIONS ON HIRE PURCHASE AGREEMENT
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description: The article examines the provisions of section 14(1-3) of the Hire Purchase Act Cap H4 LFN 2004 in Nigeria, highlighting its legal interpretation, and its impact on the right and obligation of parties in Hire-Purchase transactions. Through a critical examination of relevant case law and statutory provisions, this article provides insights into Section 14, stating the requirements for the owner to succeed in a claim for adverse possession which are that: the hirer must be in default of the terms of the agreement, the continual retention and possession of the goods must be against the owner’s interest, the right to recover possession of the goods must have accrued, there must be a request for the hirer to surrender the goods and the request must be in writing. However section 9 of the HPA limits the application of section 14 of the Hire Purchase Act as where the hirer has paid a relevant proportion of the hire purchase price, the owner can only recover possession of the goods through an action in court. This could limit the owner’s ability to recover possession of the goods especially if the hirer can demonstrate that he has been in possession of the goods. Implication of Section 14 is to the effect that if the hirer refuses to deliver up possession of the goods it is sufficient enough to ground the statutory cause of action in damages for adverse possession. This study underscores the limit of owner’s property rights leading to a breach of section 44 of the Constitution1, it may give the hirer an unintended advantage in disputes over ownership and possession of the hired goods. The study recommends that the right of owner to recover his goods and the right of hirer to protect his interest must be balanced. Specified time frames and mode for written requests should be provided for in the Hire Purchase Act and section 14 of the Hire Purchase Act should be reviewed to ensure it remains effective and fair addressing any unintended consequences that may arise.
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creator: Oghenebrume Johanna CHUKWU
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 115
ending page: 120

THE ROLE OF ARBITRATION IN RESOLVING COMMERCIAL DISPUTES: A STUDY OF NIGERIAN COURTS ATTITUDES TOWARDS ARBITRARY AWARDS
type: item
description: Commercial contracts are legally binding agreements defining the expectations, rights, and obligations of parties in business transactions, including remedies for breach. Disputes arising from such contracts may be resolved through litigation, arbitration, or alternative dispute resolution (ADR). Litigation occurs in court, involving lawsuits, evidence presentation, and judicial rulings. Arbitration, by contrast, is a consensual process in which parties submit disputes to an agreed arbitrator or tribunal, and any resulting award is binding once accepted. ADR methods, such as mediation and conciliation, facilitates amicable settlements without legally binding decisions. With globalization and cross-border commercial activities expanding, relationships among businesses, investors, and states have become more complex. This complexity extends to dispute resolution and enforcement of decisions. Although arbitration is widely used for international commercial disputes, its effectiveness often depends on judicial recognition and enforcement of arbitral awards. In other words, award creditors may rely on courts to secure the benefits of arbitration outcomes. This article examines arbitration’s role in addressing increasingly intricate, transnational commercial transactions and evaluates how Nigerian courts enforce arbitral awards. It also considers the judiciary’s attitude toward arbitration, assessing whether Nigeria provides a supportive environment for enforcing decisions that arise from these alternative dispute processes.
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creator: Florence NEMI-CLOVER
creator: Abiodun AMUDA-KANNIKE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 105
ending page: 114

AN EXAMINATION OF NIGERIAN LEGISLATIONS PROTECTING THE RIGHT OF A CHILD AGAINST CHILD MARRIAGE IN NIGERIA: THE CULTURAL AND RELIGIOUS INFLUENCES
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description: Child marriage remains a challenge to the protection of human rights, especially the rights of the girl child. This challenge is not limited to Nigeria as child marriage remains prevalent in other nations globally. The aim of this article, therefore, limited to the examination of Nigerian legislations protecting against child marriage. It unraveled the influences of cultural and religious factors sustaining child marriage in Nigeria. The article adopted the doctrinal research methodology which deals with the use of text books, journal articles in reputable journals, and internet sourced materials. The authors are of the position that cultural and religious factors have great influence in the existence of child marriage in Nigeria. The article observed that child marriage is a practice deeply rooted in cultural norms, economic pressures, and gender inequalities, posing significant challenges to the realisation of children’s rights. It recommended that Nigeria must harmonise its legal framework to be of international standards on child rights protection in order to eliminate child marriage in Nigeria.
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creator: Oyovwikerhi IMONI-OGBE
creator: Cynthia Anwuli OPUTA
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 97
ending page: 104

AN APPRAISAL OF REINSTATEMENT IN PRIVATE SECTOR EMPLOYMENT IN NIGERIA
type: item
description: In private sector employment courts usually awards damages instead of ordering reinstatement for wrongful termination in Nigeria. This attitude is routed in common law principle that court cannot force a willing employee on an unwilling employer. there’s been a paradigm shift in labour relations regarding relations of employment, influenced by the 3rd alteration of the 1999 constitution and international labour standards stating that employment cannot be terminated without a valid reason connected to the worker’s capacity, conduct or operational requirement. The study reveals the national industrial court have exclusive jurisdiction over labour and employment disputes including wrongful terminations and reinstatement claims both private and public sector employment. This paper adopted the doctrinal research methodology where both primary and secondary sources laws were examined. The paper concluded inter alia that why damages and compensation remained the most common remedies for wrongful termination in the Nigerian private sector, reinstatement is a possibility, especially in cases where the dismissal is found to procedurally flawed, discriminatory, or in violation of international labour standards. The paper recommended among others and Nigeria should amend its legal framework to make the remedy of reinstatement available in private sector employment.
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creator: Gold Simon EKPETE
creator: Ann Afisa MAC-JAJA
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 87
ending page: 96

HOSTILE WITNESS AND THE PATH TO JUSTICE
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description: Proper evaluation of adduced evidence is the ancient path to justice in every court proceeding. Receiving admissible evidence involves the production of witnesses and the tendering of documents where necessary. When a witness gives evidence against the interest of the party that called him, the court may declare him a hostile witness for the purposes of cross-examination. This work explores the circumstances that could lead to a witness being declared hostile and the effect on the evidence provided. Employing a doctrinal research methodology, this paper analyzes various works and case laws on the subject. The work finds that while declaring a witness hostile may not affect the evidence received in some jurisdictions, diligent evaluation of a witness before they are called is essential in the search for justice.
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creator: Boniface E. EWULUM
creator: Maduka A. EWUZIE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 80
ending page: 86

LAND TENURE, PROPERTY RIGHTS, AND COMMERCIAL DEVELOPMENT: EXAMINING THE TENSIONS BETWEEN CUSTOMARY LAW, STATUTORY LAW, AND INVESTMENT SECURITY IN NIGERIA
type: item
description: This paper explores how Nigeria’s dual land tenure system customary and statutory law affects property rights and commercial development. While land is vital for production, identity, and governance, conflicting systems under customary practices and the Land Use Act of 1978 create uncertainty, weaken tenure security, and deter investment. Challenges include poor land registration, bureaucratic delays, expropriation risks, and weak contract enforcement, impacting housing, agriculture, infrastructure, and industry. The study calls for harmonized reforms to protect property rights, streamline administration, and build investor confidence while preserving cultural heritage, enabling Nigeria to unlock land’s potential, reduce conflict, and drive sustainable economic growth.
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creator: Abiodun AMUDA-KANNIKE
creator: Florence NEMI-CLOVER
creator: Gloria Oluchi JUDE-AKARAONYE
creator: Abdulrazaq AMUDA-KANNIKE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 68
ending page: 79

AN APPRAISAL OF THE ENVIRONMENTAL CHALLENGES ASSOCIATED WITH THE NATURAL GAS RESOURCE AND ITS UTILIZATION METHODS IN NIGERIA
type: item
description: Nigeria has recently seen an astronomical increase in gas utilization, particularly during the ‘post- PIA’ and ‘Decade of Gas’ era, aided by significantly favourable incentives. However, little or no attention is given to the consequences of natural gas and its utilization techniques, which include variety of technology for collecting, recycling, and using waste gas for reasons other than flaring. Some of these issues include water pollution and methane leakage, which is more severe than gas flaring. This paper argues that, although utilizing gas has various advantages, there is a critical need to strike a balance between enjoying the benefits of natural gas and safeguarding the environment. The objectives of this paper, using the doctrinal research methodology, are to examine the importance of incentives for gas utilization in Nigeria, explore the existing gas utilization projects both before and after the ‘PIA and Decade of Gas’ era, the environmental and health challenges associated with the natural gas resource and its utilization methods, and the inadequacy of the legal regime for gas utilization in Nigeria on environmental protection. This research concludes that Nigeria’s present regulatory framework for gas utilization is more concerned with reducing gas flaring than with addressing the recognized environmental breaches caused by natural gas and its utilization techniques. As a result, it advises further reforms to fundamental laws on gas utilization, such as the Petroleum Industry Act of 2021, as well as the formulation and implementation of strict natural gas emissions rule.
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creator: Benedicta Ogbene OHIMOR
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 57
ending page: 67

THE IMPACT OF TRADE LIBERALIZATION AND DUMPING ON LOCAL INDUSTRIES IN NIGERIA
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description: Trade Liberalization and Dumping have a complex and often contradictory relationship in international trade. While Trade Liberalization has been the cornerstone of international trade policy, aiming to reduce barriers and increase economic cooperation among nations. However, the reduction of tariffs and quotas has also led to concerns about unfair trade practices, such as dumping, its impact on domestic industries and the role of international organization in regulating these practices. Dumping occurs when company exports goods to another country at a price that is lower than the normal value of the goods, often causing harm to the domestic industry of the importing country. Anti-dumping measures such as tariffs and quotas can be used to protect domestic industries from unfair trade practices. The WTO provides a framework for countries to address trade disputes and ensures that practices are fair and transparent. This paper adopted doctrinal research methodology where primary and secondary sources of law were evaluated. This paper concluded inter alia that the relationship between trade liberalization and dumping is paradoxical. While the former seeks to foster open markets, it can also create an environment where the later becomes a more attractive and effective business strategy. This, in-turn, can lead to the implementation of anti-dumping measures, which, if misused can become a new form of protectionism, ultimately counteracting the spirit of free trade. The paper recommended among others that countries should implement effective anti-dumping measures that are consistent with WTO rules.
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creator: Gold Simon EKPETE
creator: Kingsley Simon EKPETE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 49
ending page: 56

ARTIFICIAL INTELLIGENCE AS AN INSTRUMENT TO NIGERIAN IMMIGRANT'S SOCIETAL INTEGRATION AND HEALTHCARE ACCESSIBILITY: A LEGAL PERSPECTIVE
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description: Immigrants are often identified as vulnerable population; that is, at elevated risk of poor health and inadequate medical care. This has resulted in the deployment of AI in relation to migrants globally. Many countries especially least developed countries lack critical IT infrastructure for AI in migration, while Nigerian migrants experience obstacles such as proper health care services while engaging with digital channels within the same processes. The aim of this paper is to provide legal insights to encourage the use of Artificial Intelligence to enhance societal integration and the health status of Nigerian migrants in other countries. Consequently, the study adopted the doctrinal research methodology, which involves examining journal articles, textbooks, periodical articles and the likes. This study found that the factors that make immigrants vulnerable to poor health and inferior medical care can be remedied in parts, through Artificial Intelligence. The emergent findings from this study can guide the Nigerian government and policymakers in decision-making as regards deployment of artificial intelligence and machine learning for healthcare delivery for Nigerian emigrants. The study recommends the need for health policies targeted at supporting the use of Artificial Intelligence to expand access to healthcare and improve quality of care for Nigerian immigrants.
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creator: Olivia Ezinne ONWUGBENU
creator: Ngozi Eunice EMEKA
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 39
ending page: 48

TOWARDS AN INCLUSIVE AND RIGHTS-BASED ARTIFICIAL INTELLIGENCE GOVERNANCE FRAMEWORK FOR SUSTAINABLE DEVELOPMENT IN NIGERIA
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description: As Artificial Intelligence (AI) becomes increasingly embedded in national development strategies, its dual potential to either advance or undermine sustainable development and human rights demands urgent scholarly and regulatory attention. In Nigeria, the integration of AI technologies in sectors such as healthcare, education, and environmental management presents remarkable opportunities for accelerating progress towards the attainment of the Sustainable Development Goals (SDGs). However, the lack of a coherent legal and policy framework for AI governance exposes the country to serious risks, including algorithmic bias, data privacy violations, and social exclusion, that could aggravate existing inequalities and infringe upon human rights. This study examines the intersection of AI, sustainable development, and human rights in Nigeria, and proposes an inclusive and rights-based AI governance framework for the country. The study assesses the adequacy of Nigeria’s current AI governance framework, identifying key challenges to include regulatory gaps, weak data protection enforcement, and limited stakeholder participation. In response, the study offers targeted legal and policy recommendations grounded in international best practices and ethical principles: the development of sector-specific AI legislation, the institutionalization of multi-stakeholder governance mechanisms, and the promotion of transparency, accountability, and inclusivity in AI design and deployment. Importantly, the study argues that aligning AI governance with sustainable development and human rights imperatives is not only a legal and ethical necessity, but also a strategic pathway for Nigeria to harness AI as a force for equitable and inclusive growth.
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creator: Daniel Philemon SAREDAU
creator: Isaac Nuhu KAJERE
creator: Emmanuel Christopher DIAH
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 25
ending page: 38

CLIMATE ACTIONS: CARBON PRICING ROLES IN PROMOTING ENVIRONMENTAL JUSTICE AND ADDRESSING SOCIAL INEQUALITIES
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description: Fossil fuel intensive production has played as the mainstream production for finished and semi-finished goods and services across several economies, such as Energy, Oil and Gas, Transportation, Mining, Manufacturing, and more, with an impactful uncontrolled degree of carbon emission. In a bid to achieve the globally embraced sustainable development goal on climate actions, the globe begs for pragmatic efforts to mitigate to the barest minimum, the negative impactful consequences of greenhouse gas (GHG) emissions in the carbon-intensive economy. International bodies, national authorities have begun to adopt instruments like the Paris Agreement, to introduce practical carbon pricing policies to combat the incessant petrification of the climate environment. Adopting a doctrinal methodology, this paper examines the current carbon coping and pricing mechanisms to achieve the global goals on climate change and emission reduction operative across different global climes. More importantly, it examines the objectivity and sustainability of these extant approaches and juxtaposes them with the aid of diverse instruments across continents, to assess any corresponding positivity in the realization of environmental justice and social equalities. This paper finds that though Nigeria has made efforts towards addressing climate change, a legislative and institutional framework dedicated to carbon pricing cannot be overemphasized.
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creator: Adedeji-Adeyemi ADEOLA
creator: Oso Maryam ADEDOLAPO
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 16
ending page: 24

HARNESSING INNOVATION: THE INTERPLAY OF PATENTS, TECHNOLOGY, AND INFORMATION COMMUNICATION TECHNOLOGY IN ACCELERATING THE CLEAN ENERGY TRANSITION
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description: The clean energy transition necessitates a paradigm shift in innovation, leveraging patents, technology, and Information and Communication Technology (ICT) to drive sustainable development. This paper employs a doctrinal research methodology, analyzing statutory frameworks, judicial precedents, and scholarly literature to explore the interplay between intellectual property, technological innovation, and clean energy. The study examines the role of patents in promoting clean energy innovation, facilitating technology transfer, and enhancing the development of renewable energy systems. It also investigates the impact of ICT on energy efficiency, smart grids, and sustainable energy management. Through a critical analysis of existing legal and policy frameworks, this research identifies challenges and approaches arising from the integration of ICT and clean energy technologies. The findings of this study underscore the need for a balanced approach to intellectual property rights, one that balances the interests of innovators with the imperative of promoting sustainable development. The paper proposes policy recommendations to enhance the development and deployment of clean energy technologies, leveraging ICT and patents to accelerate the transition to a low-carbon economy.
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creator: Chukwunye Augusta OJEIH
creator: Olumide OGIDAN
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-10-10
publication date: 2025-10-10
starting page: 1
ending page: 15

AN APPRAISAL OF THE REQUIREMENTS FOR THE ADMISSIBILITY OF EXPERT EVIDENCE IN NIGERIA
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description: This study examines the requirements guiding the admissibility of expert evidence under Nigerian law. Using doctrinal research methodology, it examines the provisions of the Evidence Act 2011, which establishes the criteria for expert qualification, including professional competence, relevant experience, and specialized knowledge in technical fields. It discusses some basic terms as well as concepts that relates to the Law of Evidence. In essence, an appreciation of the true meaning and import of such concepts and terms, is sine quanon to a proper understanding of the requirements guiding the admissibility of expert evidence under Nigerian law. The study identifies challenges in the current system, including conflicting expert opinions, lack of a clear regulatory framework, Bias and partisanship, lack of trust by courts and procedural delays and costs. It concludes by recommending reforms to strengthen credibility, standardize qualifications, and enhance the reliability of expert testimony in Nigerian courts.
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creator: Haruna Abuabakar BAGUDU
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 178
ending page: 186

LEGAL ANALYSIS OF THE NIGERIAN TRADE POLICY AND PROTECTION OF LOCAL INDUSTRIES
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description: This paper presented a legal analysis of Nigeria’s trade policy framework with a focus on its role in protecting and promoting local industries. The study examined that the country’s trade policies, their impact on local industries and the challenges facing the Nigerian economy. The Nigerian trade policies were shaped by the country’s economic and political context. The Legal framework for trade policy and the protection of local industries is a complex and evolving system that attempts to balance the goals of global trade integration with the need to foster domestic economic growth. The analysis revealed a tension between liberalization commitments and the country’s developmental agenda, revealing that trade policies had both positive and negative impacts on the local industries. Trade Liberalization promotes economic growth but led to increase competition from foreign companies, negatively impacting local industries. The analysis highlighted the importance of protecting local industries from unfair trade practices like dumping, the need for a balanced, legally compliant trade policy that safeguards domestic production while fostering competitiveness. The paper adopted the doctrinal research methodology where primary and secondary sources of law were evaluated. The paper concluded that Trade Policy of Nigeria 2023 – 2027 is part of the government’s renewed Hope Agenda, aiming to attract foreign Investment, boost exports, create jobs and prioritize value addition in non-oil exports. The paper therefore recommended among others for policy reform that aligns with Nigeria’s economic goals and its international trade obligations.
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creator: Gold Simon EKPETE
creator: Kingsley Simon EKPETE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 169
ending page: 177

AN APPRAISAL OF CRIMINAL LIABILITY OF LIMITED LIABILITY COMPANIES IN NIGERIA
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description: The rise of corporate activity in Nigeria’s economic space has brought increased scrutiny of corporate conduct, particularly regarding criminal liability. Traditionally, the doctrine of corporate personality has shielded companies from criminal prosecution, especially for offences requiring mens rea (criminal intent). However, with the evolution of corporate law and increasing corporate malfeasance, there is a growing need to hold companies accountable for criminal acts. This study critically appraises the legal framework governing the criminal liability of limited liability companies in Nigeria. It aims to evaluate the adequacy of existing laws in attributing criminal responsibility to corporate entities and identify the legal and practical challenges hindering effective prosecution. Employing the doctrinal research methodology, the study relies on primary sources such as the Companies and Allied Matters Act (CAMA) 2020, Criminal Code, and relevant judicial decisions, as well as secondary sources like scholarly articles and legal commentaries. The analysis reveals that while Nigerian law recognizes corporate criminal liability, enforcement remains problematic due to doctrinal inconsistencies, limited prosecutorial capacity, and the difficulty of imputing intent to artificial persons. The study also finds that penalties imposed on companies often lack deterrent effect, especially in cases involving large corporations. To address these challenges, the study recommends the adoption of clearer statutory provisions, the development of corporate criminal jurisprudence, enhanced prosecutorial strategies, and stricter penalties including corporate probation and director disqualification. It concludes that an effective regime of corporate criminal liability is essential not only for deterrence but also for fostering corporate responsibility and sustainable economic development in Nigeria.
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creator: Nwamaka Adaora IGUH
creator: Kyrian Chukwuma IBE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 160
ending page: 168

IMPLEMENTING THE UNIFIED TAX IDENTIFICATION SYSTEM: LEGAL AND ADMINISTRATIVE CHALLENGES IN NIGERIA’S NEW TAX ARCHITECTURE
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description: The unification of tax identification in Nigeria marks a watershed in the country’s fiscal and legal landscape, particularly with the enactment of the Nigeria Tax Administration Act, 2025, the Nigeria Tax Act, 2025, the Nigeria Revenue Service (Establishment) Act, 2025, and the Joint Revenue Board of Nigeria (Establishment) Act, 2025. These legislative instruments establish a new tax architecture designed to harmonize taxpayer data, minimize multiplicity of taxation, and enhance efficiency in revenue collection across federal, state, and local levels. Central to this reform is the Unified Tax Identification Number (UTIN), a system aimed at streamlining tax administration, broadening the tax base, and ensuring transparency in compliance and enforcement. However, the legal and administrative challenges of implementing the UTIN remain profound. Issues of institutional overlap, federalism tensions, weak digital infrastructure, taxpayers’ rights protection, and the potential for double taxation persist despite legislative innovations. This paper interrogates these challenges within the framework of Nigeria’s fiscal federalism, examining how the new Acts attempt to resolve jurisdictional conflicts, strengthen intergovernmental cooperation through the Joint Revenue Board of Nigeria, and introduce mechanisms for dispute resolution and accountability. By critically assessing the opportunities and pitfalls of the new tax regime, the paper argues that while the UTIN is a progressive step toward a modern and integrated tax system, its effectiveness will depend on political will, robust institutional frameworks, and the protection of taxpayers’ rights within the rule of law.
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creator: Abiodun AMUDA-KANNIKE
creator: Florence NEMI-CLOVER
creator: Emmanuel Olugu KALU
creator: Abdulrazaq AMUDA-KANNIKE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 151
ending page: 159

LEGAL PROTECTION OF MINORITY SHAREHOLDERS: A CASE FOR THE ADOPTION OF CUMULATIVE VOTING TECHNIQUE IN NIGERIA
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description: Under the prevailing corporate governance system in Nigeria corporate decisions including the appointment of key managerial personnel like board members are based on the majority rule. This most often leads to minority shareholder oppression or sidelining in key corporate decisions like the election of the members of the board of directors. A robust minority shareholder protection engenders investor confidence in an economy and is a positive catalyst in attracting the much needed foreign investment at this critical period of Nigeria’s development. Following the practice in some other jurisdictions, emerging literatures in Nigerian company law are clamoring for the adoption of cumulative voting technique in Nigeria. This research aims therefore to critically analyze whether and how cumulative voting technique will improve protection of minority shareholders in Nigeria. The research adopts the doctrinal and analytical methods of research and relies on primary and secondary sources of data. The primary sources of data include statutes and case laws while the secondary sources include textbooks, journal articles, internet sources etc. The study found among other things that the Nigerian corporate culture is peculiar and will demand a more tailored approach. This paper identifies potential drawbacks and evolves practical strategies for implementing cumulative voting technique in Nigeria. It is recommended among others that enhancing minority shareholder activism and improving the existing corporate culture in Nigeria through sustained shareholder education and other measures will make the adoption of cumulative voting technique effective in improving minority shareholder protection in Nigeria.
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creator: Boniface E. EWULUM
creator: Maduka A. EWUZIE
creator: Chijioke Camillus OKONKWO
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 141
ending page: 150

CHALLENGES TO THE APPLICATION OF INTERNATIONAL ENVIRONMENTAL LAW IN NIGERIAN COURTS
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description: The global concern for the growing crisis of development and environment has led to the emergence of International Environmental law and adoption of several treaties to deal with environmental issues. Nigeria is a signatory to many environment treaties but few of these treaties have been domesticated into the Nigerian Law. This paper therefore discussed the application of International Environmental Law in Nigerian courts. It also discussed the challenges to the application of International Environmental law by Nigerian Courts. It relied on information from textbooks, journals, newspapers and internet materials. The paper also found that the importance of International Environmental Law to environmental protection globally and particularly Nigeria cannot be over emphasized. It revealed that the application of International Environmental Law in Nigerian Courts is confronted with many challenges; these challenges bother on domestication, judicial attitude, locus standi and remedies. It concluded that the provisions of section 12 (1) of the Nigerian Constitution, which stipulates that a treaty must be domesticated before it can have the force of law in Nigeria is a major hindrance to the application of International Environmental Law in Nigerian Courts. The paper recommended tackling the challenges to the application of International Environmental Law in Nigerian Courts, such as domestication of treaties, widening of locus standi, capacity building for judges.
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creator: Halimat Tope AKAJE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 135
ending page: 140

AN APPRAISAL OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
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description: Human rights in Nigeria are a complex issue with the Constitution as the grundnorm guaranteeing fundamental rights of people and with several other laws and ratified treaties enacted by Nigeria also aimed at protecting human rights. However, despite these protections, Nigeria faces various issues and challenges resulting to continuous violations due to various implementation gaps. The aim of this research is to appraise the role of the Nigerian judiciary in protecting human rights nationally and the research offers perspectives on its issues and challenges. It examines the institutions and laws responsible for the protection of human rights. Key international human rights instruments incorporated into domestic law are also reviewed. Through doctrinal research methodology, the strengths and limitations of the judiciary in enforcing civil, political, economic, social and cultural rights are analyzed. Key issues identified include delays in delivering justice, lack of access to justice, lack of awareness of human rights provisions, insufficient judicial training and reluctance to adopt proper interpretations. Comparisons are drawn with effective regional and global practices. It concludes that although the judiciary has advanced human rights in certain areas, reforms are necessary to address existing constraints and enable it to more effectively fulfill its protective role. The study further recommends measures such as establishing a more efficient enforcement procedure to tackle the identified issues and challenges.
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creator: Nwamaka Adaora IGUH
creator: Rapuluchukwu NDUKA
creator: Linda Ogechukwu MOH
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 125
ending page: 134

INTRINSIC VALUES AS A DETERMINANT OF A NATION'S DEVELOPMENT: A CASE STUDY OF THE 2023 NIGERIAN PRESIDENTIAL ELECTION
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description: The 2023 Nigerian Presidential Election served as an important watershed in the nation’s clamour for development and the actualization of intrinsic values that underpin its socio-political framework. The election witnessed each Presidential candidate representing a spectrum of ideologies, each advocating for various intrinsic values such as integrity, transparency, and inclusivity. Voters’ determination was largely displayed by the determination to vote for that candidate capable of ending the pressing challenges that had bedeviled the nation for so long, including corruption, insecurity, indiscipline, infrastructure deficits, and moral decay. This paper examines the intricate synergy between national development and the intrinsic values adopted by the different Presidential candidates and the electorate. This paper concludes that the nation's successful development rests on the alignment of political leadership with sincere fundamental values respected by its citizens, especially the family, schools, and teachers who have been classified as the true agents of change. This paper having reviewed the values and the roles that the different state actors must play in achieving national development in Nigeria recommends that the values imbibed by a nation must be upheld by political leaders, citizens and all the agents of national values without fear and favour, all in pursuit of a sustainable national development.
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creator: Oridamilola Adaba IJIWOYE
creator: Oluwatoyin OMONIYI
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 116
ending page: 124

THE EVOLVING LANDSCAPE OF PARENTHOOD, ADOPTION AND LEGITIMACY IN NIGERIA
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description: This article investigates the intersecting statutory, customary, and international legal regimes that shape the recognition of parenthood in Nigeria, with particular focus on adoption and legitimacy. Despite the enactment of the Child Rights Act 2003, adoption remains procedurally inconsistent due to decentralised implementation and doctrinal conflict with Islamic guardianship (kafala) frameworks. Legitimacy, meanwhile, continues to reflect colonial-era statutes and discriminatory customs, often excluding children born outside wedlock from inheritance and family identity contrary to constitutional guarantees under Section 42(2) of the 1999 Constitution. Through doctrinal analysis, judicial interpretation, and comparative review, the article evaluates gaps in enforcement, cultural resistance, and institutional weaknesses. It highlights key controversies, including fragmented jurisdictional application, post-adoption vulnerability, and the impact of corruption. Drawing on international standards, including the United Nations Convention on the Rights of the Child and African Charter for the Rights and Welfare of the Child, the study advocates for legal harmonisation, expansion of legitimation pathways, codification of acknowledgment practices, and enhanced cross-border cooperation via ratification of the Hague Convention. The article concludes by proposing a reform agenda centred on rights-based, child-focused principles that reconcile Nigeria’s plural legal traditions with constitutional and international obligations. In doing so, it contributes to scholarship on family law reform and offers practical pathways toward inclusive and legally secure parenthood.
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creator: Patricia Imade GBODO
creator: Grace Abraham AHIAKWO
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 101
ending page: 116

COMPUTER-GENERATED EVIDENCE IN ELECTORAL DISPUTES: A CRITICAL EXAMINATION OF THE NIGERIAN EXPERIENCE AND ITS RELEVANCE TO INTERNATIONAL BEST PRACTICES
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description: The increasing use of technology in electoral processes has led to a rise in the generation of computer-based evidence in electoral disputes. However, the admissibility of such evidence in Nigerian courts remains a contentious issue. This paper examines the legal framework for admitting computer-generated evidence in electoral cases in Nigeria, with a focus on the Evidence Act 2011, and the Evidence (Amendment) Act, 2023. A critical analysis of decided cases reveals that Nigerian courts have been inconsistent in their approach to admitting computer-generated evidence, with concerns around authenticity, reliability, and hearsay being major obstacles. This paper argues that the current legal framework is inadequate for addressing complexities of computer-generated evidence and its prospects and challenges so far as it relates to the admission of evidence in electoral cases. The study adopts a comparative approach, drawing on best practices from other jurisdictions, particularly United States, Canada, Australia, and United Kingdom. The paper concludes by highlighting the need for a more nuanced approach to admitting computer-generated evidence in electoral cases, one that balances the need for authenticities and reliability with the imperative of ensuring that justice is served. Ultimately, this research aims to contribute to the development of a more effective and efficient framework for the admission of computer-generated evidence in electoral cases in Nigeria, with a view to enhancing the integrity and transparency of electoral processes.
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creator: Sunday John APOCHI
creator: Samson Akinlolu OYEDIRAN
creator: Faith-Lois Adejumoke AKINOLA
creator: Chukwufumnanya Cynthia IZU
creator: Samuel Bola OMOTUNWASE
rights: Copyright (c) 2025 Journal of Commercial and Property Law
date: 2025-09-20
publication date: 2025-09-20
starting page: 92
ending page: 100