Journal of Commercial and Property Law

The Impact of the General Rule of Intestate Succession on Igbo Custom of Inheritance: A Review of Ukeje v Ukeje

Rose A. Enemchukwu — 2024-06-26

In succession matters, the general rule is that where a man dies intestate, the applicable law is the
personal law of the deceased regardless of the location of the property in question. Applying this rule in
Ukeje v Ukeje, the supreme Court voided the Igbo custom which denies women the right to inherit
immovable property as being repugnant to natural justice, equity and good conscience. The supreme
Court also held such custom to be contrary to Section 42 and 43 of the 1999 Constitution. The purview of
this paper is that the custom of inheritance as practiced by Igbo people was based on very equitable
considerations which still hold true in Igboland today. Problem arises when the rules are applied to
personal property acquired by the deceased in urban areas especially outside Igboland. This work
attempts to detangle the issues which seem to have bred confusion with regard to the application of the
custom. The work holds that, the practice of the Igbo custom of inheritance is unsuitable for application
outside Igboland as it fails to serve the initial purpose of the custom. This paper contends that it is unfair
and unjust to judge the custom of a people viz a viz the Igbos with a standard and an environment that is
foreign to the people.

Right to Freedom of Speech in Nigeria: Myth or Reality

Igwe Onyebuchi Igwe — 2024-06-26

Right to freedom of speech is one of the fundamental rights provided in Chapter Four of the Constitution
of the Federal Republic of Nigeria 1999 (as amended). It is among the first generation rights which are
inalienable to man. For sometimes now, minds have been agitated on whether right to freedom of speech
is real or fairy tale in the context of Nigerian society. The motivation for this paper was born out of the
desire to add to the existing literature and offer a detailed examination on whether right to freedom of
speech in Nigeria is in reality or myth. The paper was commenced by reviewing the relevant provisions of
law that provide for right to freedom of speech. This was done for the purpose of identifying areas of their
strength and weakness. For this purpose, the paper adopted doctrinal research methodology. It was
discovered among others that freedom of speech in Nigeria is still far from being realised despite
plethora of judicial pronouncements on same. This was as a result of the social, economic, political and
cultural basis of the Nigerian state. It was based on the foregoing that recommendations were made
among which, are legislative pro-activeness and judicial activism on matters bordering on freedom of
speech in Nigeria.

An Examination of the GIG Economy: A Case Study of Uber

Yewande Fatoki — 2024-06-26

Technology has become an integral part of modern society, revolutionizing various aspects of human
interaction and economic activities. The emergence of the gig economy, facilitated by digital platforms,
has enabled individuals and companies worldwide to engage in diverse skills and services on a global
scale. However, the gig economy: =[presents both opportunities and challenges, particularly regarding
the determination of service prices, worker rights, and performance evaluation. While the gig economy
provides flexibility and accessibility to work opportunities, it also raises concerns about the lack of
bargaining power for workers, the anonymity of labour, and the reliance on algorithmic performance
evaluation systems. This paper aims to examine the benefits and challenges of the gig economy, with a
focus on the role of technology platforms in shaping labor dynamics and contractual relationships. The
paper employs a qualitative doctrinal research methodology, utilizing primary and secondary sources
such as legislation, judicial precedents, scholarly journals, and articles. The paper concludes that the gig
economy represents a significant shift in labour relations and economic organization, driven by
technological advancements and changing consumer preferences. However, its expansion raises
important legal, social, and economic issues that require careful consideration and policy responses.
Based on the findings, it is recommended that policymakers should enact legislation and regulatory
frameworks to address the challenges posed by the gig economy, including worker classification, wage
standards, and algorithmic transparency. Additionally, stakeholders should engage in dialogue and
collaboration to develop industry standards and best practices that promote fairness, transparency, and
accountability in the gig economy ecosystem.

Implications of Nigeria’s Petroleum Industry Act for SDG 5

Edith Nwosu — 2024-06-26

This paper analyzes the Petroleum Industry Act (PIA) using the lens of the SDG 5, the United Nations
Sustainable Development Goal which aims to achieve global gender equality. The crux of the
consideration here is if the legislation scores any points for the Nigerian energy sector in the fight for
gender equality. If not, what the way forward should be. Nigerian oil and gas regulators have shown a
willingness to tackle, using legislation, any gaps that arise, both directly affecting the sector and even
tangential to it. For instance, the most wholesome legislation to oversee triangular/co-employment
scenarios in Nigeria regulates the sector. Furthermore, there is the Nigerian Oil and Gas Industry
Content Development Act (NOGICDA) (the “Local Content Act”), which seeks to ensure active Nigerian
participation in the Nigerian oil and gas industry. However, even with this proven diligence, Nigerian oil
and gas industry regulators have consistently overlooked one glaring challenge: the underrepresentation
of women in the industry. Using doctrinal research methodology, the paper evaluates the extent the PIA
addresses the challenge of gender imbalance in Nigeria’s oil and gas industry. It finds that the PIA seems
to have a blind spot: the lack of provisions specifically relating to the empowerment of women. The paper
argues that the mainstreaming of gender equality and inclusiveness in the legislative and institutional
frameworks of Nigeria’s petroleum industry is imperative for the achievement of SDG 5.

Common Law Approach to Environmental Litigation in Nigeria: Prospects and Challenges

Taofeeq Alatise — 2024-06-26

The paper examines the common law approach to environmental litigation in Nigeria, focusing on the
causes of action under the common law and their application to environmental disputes. The objective is
to identify the potential prospects and challenges common law causes of action may pose to litigants. The
paper argues that environmental actions in Nigeria are primarily instituted under common law remedies
of nuisance, negligence and strict liability. However, it also contends that common law remedies are
grossly inadequate for effective environmental protection, as they are often individually driven and not
particularly concerned with improving environmental condition. To address this inadequacy, the paper
recommends that combining Common law and statutory litigation approaches may provide a more
effective solution.

The Challenge of Tackling Climate Change in Africa

Christine O. Ike — 2024-06-26

The climate change phenomenon has occupied the attention of the world in the last decade as the world
has struggled to understand its full impact. Several international legal instruments and initiatives such as
the Intergovernmental Panel on Climate Change (IPCC), United Nations Framework Convention on
Climate Change (UNFCCC), the Kyoto Protocols, the Paris Agreement, etc.,have been put in place to
deal with the problem. This paper examined the attitude of African countries towards climate change in
line with contemporary global efforts to contain the menace. It highlighted the efforts of African countries
and strategies in coping with the challenges posed by climate change. In carrying out the study, doctrinal
method of research was adopted. It was found, inter alia, that while most developed nations are proactive
in developing state-based legislations to contain the vagaries of climate change. as they appreciate the
consequence of inaction on climate change on the wellbeing of the planet earth, African countries (who
ironically are even more impacted by the phenomenon) appear to be indifferent to the challenge of
climate change, as they consider it a myth created to divert attention and stall their economic
development.The paper found that the underlying consideration for the near absence of climate change
laws and policies on the legal landscape of the African countries is the prioritisation of the economic
welfare of its people above climate change concerns.

Armed Conflict, Migration and International Humanitarian Law: The Intersection

Anita Nwotite — 2024-06-26

Migration is one of the contemporary issues raising global concerns. The situation is even exacerbated by
incidences of armed conflicts witnessing fragrant violations of the basic principles of International
Humanitarian Law (IHL) facilitating the protection of the civilian population. While existing literature
mainly focused on peacetime migrations and how they impact on economies, the paper focused on
identifying the intersection between armed conflict and migration; and the relevant International
Humanitarian Law rules for the prevention of migration. The paper adopted doctrinal method of legal
research and analytical approach. The paper found that armed conflicts are important triggers of
migration. This is particularly the case where parties to a conflict violate the fundamental rules of IHL
meant to protect civilians. The result is that many civilians are displaced as result of these violations
thereby making it necessary for them to seek refuge in safer places, sometimes across international
borders. To address the challenges revealed by the paper, the paper recommended among others respect
for the principles of distinction prohibiting indiscriminate attacks on both civilians and civilian objects.
This will help prevent the incidences of conflict-related migration.

An Appraisal of the Legal Framework for Law Enforcement in Nigeria

Mike Akpa Aja Nwachkwu — 2024-06-26

Just like any typical society, the Nigerian society has needs to regulate the conduct of its people in a
manner that peace and order is guaranteed. In that spirit, various law enforcement agencies have been
established, including the Nigeria Police Force, the Nigerian Security and Civil Defence Corps, the
National Intelligence Agencies, etc. In spite of the proliferation of these law enforcement agencies, the
Nigerian society is still bedeviled with high crime rate, high corruption rate, flagrant abuse of human
rights, and general sense of underachievement as a nation. The objective of this paper is to appraise the
legal framework for law enforcement in Nigeria. The paper made use of doctrinal research methodology
through the use of primary source such as statutes and regulations as well as secondary source such as
books, academic journals, newspaper publications, television documentaries, Internet materials, etc. It
was found that the obstacles hindering the functionality of law enforcement agencies in Nigeria include
the proliferation of these agencies without any inter-collaborative connections; systemic corruption;
inadequate funding and infrastructural deficiencies. It was recommended that the law enforcement agents
should undergo periodic orientations to improve their efficiency; there should be more adequate funding
for these agencies; and there should be more symbiosis among the various law enforcement agencies.

Commercial and Trading Disputes under International Law: Analysing the Role of World Trade Organization

Onyegbule Kelechi — 2024-06-26

In 1995, the World Trade Organization (WTO) was established as the only international Organization
dealing with the global rules of trade between nations. Its primary function was to ensure that trade flows
as smoothly, predictably and freely as possible. The WTO is built under the umbrella of WTO agreements
which are often called WTO’s trade rules. At the heart of the system are the WTO’s Agreements, which
are the legal rules for international commerce. The WTO is an institution of globalization and has had
both positive and potentially adverse effects on the world. The WTO's efforts have positively increased
trade expansion globally. Trading cannot go without attendant disputes. Disputes in the WTO arise when
one party adopts a trade policy measure or takes some actions that other party considers to be
inconsistent with the obligations set out in the WTO agreements. This paper appraised the role of the
WTO in settling these trade disputes. Specifically, the paper examined the WTO Dispute Settlement
System, it identified the objectives of the system and whether or not the system allows for the
actualization of these objective. The paper found out that WTO has a sophisticated and well detailed
dispute resolution mechanism however, it made recommendations that the WTO should be more
transparent and open in their dispute resolution processes.

Interrogating the Condition Precedent to the Exercise of Women’s Right to Work under Shari’ah in the Face of the Contemporary Challenges

Kamaldeen Olaita Salman — 2024-06-26

The popular notion and misconception is that women are disallowed to work under Shari’ah. The notion
continues to infatuate the minds of many in view of the fragile nature of women and the protection offered
them under Shari’ah. However, in the recent time, there exist many circumstances necessitating women to
work like their male counterparts even outside their households. The cases of single motherhood
syndromes and harsh economic condition have changed the narrative in most Muslim communities
thereby necessitating women to fend for themselves and their dependents. In the face of the contemporary
challenges in Islamic world, there is need to therefore interrogate the condition precedent for women to
work under Shari’ah jurisprudence. In doing so, the study adopts doctrinal method of legal research. The
study finds that freedom is very germane to ability to work; that right to work is subject to the overall
commandment of Allah under Shari’ah; that the expected role of women in society ordinarily does not
grant them freedom to work outside their home because their primary duty is to take care of their
husbands and children; and that the freedom granted women to work outside their households is
conditional with genuine case of Dharuurah (necessity). The study concludes that in the face of the
contemporary challenges bedeviling some women, they can exercise right to work subject to the
conditions stipulated under Shari’ah.

Regulating Artificial Intelligence: The Need to Safeguard the Future

Rapuluchukwu Ernest Nduka — 2024-06-26

Artificial Intelligence (AI) has emerged as a transformative force, reshaping industries, education,
societies, and all facets of human endeavours. It has transcended its once-fictional status to become a
driving force, simplifying human efforts done through erstwhile traditional methods, and making various
mechanisms relied upon across the globe more precise and efficient. All aspects of human labour now
have computers or computer-controlled machines performing tasks that usually are the exclusive preserve
of human beings and run by human intelligence. However, with great power comes great responsibility.
As artificial intelligence simplifies human tasks, like every technological invention, several issues emerge,
creating risks and disadvantages that sometimes blur the beauty of this life-enhancing technological
system.This article explores the importance and the beauty of the incursion of Artificial Intelligence into
everyday human effort and highlights some attendant challenges to the reliance on artificial intelligence.
The article also points out several attendant challenges that emerge with this novel incursion,
acknowledges the existing legal void created by the absence of a legal framework to rein in the excess and
fallout of the reliance on Artificial Intelligence, and explores the imperative for regulating AI through the
law to ensure ethical development, protection of individuals who the technology seeks to assist, and foster
further innovations. This article calls for the formation of an adaptive global legal framework created
from the collaboration of critical stakeholders to address the growing ethical implications derived from
the reliance on Artificial intelligence.

Nigeria’s Transition to a Green Economy: A Roadmap to Sustainable Development

Livinus I. Nwokike — 2024-06-26

Nigerian’s transition to a green economy is a crucial step towards achieving sustainable development
and reducing the country’s environmental footprint. This transition requires a deliberate shift from a
fossil fuel-based economy to a carbon, resource-efficient and sustainable development pathway. Using
doctrinal research methodology, this paper explored the opportunities and challenges for Nigeria to
transition to a green economy while promoting sustainable development. The findings of this paper
revealed that the transition to a green economy could create new job opportunities and stimulate
economic growth. However, the paper also identified several challenges that must be addressed,
including limited awareness and understanding of green economy concepts, corruption and inadequate
infrastructure to support sustainable development. Addressing these challenges requires a comprehensive
approach that involves government, private sector, civil society, and international organizations working
together to create an enabling environment for a successful transition to a green economy in Nigeria.

Appraising the Challenges to Effective Enforcement of Legislation on Control of Environmental Pollution in Nigeria

Chukwu Amara Omaka — 2024-06-26

It is one thing to make law, and another thing to ensure its enforcement. The existence of legal norms on
any particular subject matter is not a guarantee that they will cure or eradicate the social mischief which
they are meant to address unless there is effective enforcement of their provisions. Enforcement of
environmental legislation is the application of a set of legal tools both formal and informal designed to
impose legal sanctions or penalties to ensure that a defined set of requirement is complied with.
Unfortunately, in spite of the legislative and institutional frameworks put in place to tackle environmental
degradation in Nigeria, the menace of pollution has continued in diverse dimensions. This paper adopted
doctrinal research methodology and sought to identify basic challenges facing effective enforcement of
legislation on control of pollution in Nigeria. The paper found that apart from inadequate funding and
corruption of some officers of the agencies charged with the responsibility of enforcing environmental
legislation on control of pollution in Nigeria, there had been lack of political will of successive
administrations in ensuring effective enforcement of environmental regulations. The paper also found that
the nature of Nigerian economy, poor judicial attitude and strict application of the principle of locus
standi were part of the challenges facing effective enforcement of legislation on control of pollution in
Nigeria. The paper therefore, recommended adequate funding of the enforcement agencies, reorientation
of enforcement officers, strong political will, and judicial activism to address the challenges bedeviling
effective enforcement of environmental legislation in Nigeria.

Access to Menstrual Hygiene Products in Nigeria: A Call for Legal Reforms

Ngozi Asomadu — 2024-06-26

Menstrual hygiene products, such as pads and tampons, are essential items for women and girls to
manage their monthly menstrual flow. However, in Nigeria, an estimated 37 million women and girls
suffer from period poverty, struggling to access or afford these vital products, as well as pain medication
and suitable underwear.1 The lack of access to affordable menstrual products forces many women and
girls to resort to unsafe and unsanitary alternatives, such as old clothes, rags, sawdust.2 These materials
are not only unhygienic but also environmental unfriendly. The unaffordability and inaccessibility of
menstrual products combined with the stigma surrounding menstruation, have far reaching negative
consequences for women and girls, severely limiting their participation in public life. Using doctrinal
research methodology, this paper examined the need of establishing a legal framework to guarantee
access to menstrual hygiene products in Nigeria. The paper revealed that the lack of access to menstrual
hygiene products has significant impacts on the health and well-being of women and girls. Establishing a
legal framework to guarantee access to menstrual hygiene products would be a crucial step towards
improving the lives of women and girls in Nigeria. By addressing this critical issue, Nigerian can make
significant progress towards promoting gender equality, protecting public health and supporting
sustainable development.
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An Analysis of Medical Negligence in Nigeria: Challenges and Way Forward

Selbyen Oluokun — 2024-06-26

The role of the medical practitioner in any society cannot be overemphasized due to the peculiar nature of
his job in relation to the general public. The medical practitioner is saddled with lots of responsibilities,
which range from providing proper diagnosis, to the treatment and counseling of patients. In the
discharge of these duties, he is expected to exercise utmost care and diligence as is expected of all
professionals but in the case of the medical practitioner the standard expected of him is very high as he
deals with human life, which is so dear and once lost can never be regained. In the light of this, the
medical practitioner in Nigeria is faced with several challenges some of which this paper will examine
with a view to proffering solutions within the legal framework. The paper will also examine the position
of the Nigerian patient vis-a-vis their protection under the law.