Nnamdi Azikiwe University Journal of Private and Property Law
LIVING BEYOND THE RHETORIC OF FUNDAMENTAL HUMAN RIGHTS TO FULFILLED HUMAN RIGHTS IN NIGERIA: THE ROLE OF JUDICIARY
Human rights are of the universal concept. They have transboundary flavour and have remained subjects of debates for ages’ time and will continue to appear on the cover pages of print and electronic media beyond ages. Under the universal arrangement, certain human rights have transformed into active rights. In some states, these rights are classified as the fundamental human rights while others are grouped under aspirations to be actualized by the state based on the improved economy. In Nigeria, fundamental human rights are provided in Chapter Four of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and they are justiciable. Others such as social, economic, cultural, educational, political, environmental rights among others are provided in Chapter Two of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and they are non-justiciable. The classification of these rights into groups in the constitution without considering the nexus for each other has made the realization of one independent of the other a mirage. The premise of this paper is to unearth the rhetoric of fundamental human rights without fulfilled human rights in Nigeria and the role of the judiciary. The paper adopted a doctrinal research approach through the examination of primary and secondary materials with the aim of finding the challenges to full realization of human rights in Nigeria. The paper discovered that, beyond constitutional classification of human rights into fundamental human rights and other rights, the judiciary has remained the tool to activating the dormant rights into active rights through judicial activism. Where judiciary remained conservative, it becomes epileptic to achieving even the fundamentally provided rights under the constitution. It was based on the above that the paper made recommendations.
Copyright (c) 2026 Nnamdi Azikiwe University Journal of Private and Property Law
WHO IS AN EMPLOYEE IN NIGERIA'S PLATFORM ECONOMY? A FUNCTIONAL REAPPRAISAL OF LABOUR CLASSIFICATION
The expansion of platform-mediated transport, delivery and related digital labour in Nigeria has exposed a classification problem that traditional labour doctrine can no longer treat as marginal. Platforms commonly describe drivers and riders as independent contractors, yet they set prices, control access to demand, impose rating systems, monitor performance and deactivate accounts. This article reappraises employee status in Nigeria's platform economy through doctrinal and comparative analysis. It argues that the central problem is not the absence of legal tools, but the insufficient adaptation of existing tests to digital control and economic dependence. The Labour Act's narrow definition of worker, the common law distinction between a contract of service and a contract for services, and Nigerian case law on control and economic reality remain relevant, but they require purposive application. Drawing on the United Kingdom, South Africa, Directive (EU) 2024/2831 and the contrasting United States experience, the article proposes a functional test built around personal service, platform-set terms, algorithmic control, economic dependence and practical integration. It recommends judicial recognition of algorithmic control, a statutory rebuttable presumption of employment, wider statutory definitions, and minimum standards for transparency and contestability in automated platform decisions. The article concludes that Nigerian labour law can protect platform workers without suppressing genuine entrepreneurial work, provided classification turns on legal substance rather than contractual description.
STRENGTHENING CLIMATE GOVERNANCE IN GHANA: THE CASE FOR COMPREHENSIVE CLIMATE LEGISLATION
Ghana contributes only a small share of global greenhouse gas emissions, yet it faces serious climate-related challenges that threaten key sectors such as agriculture, water resources, infrastructure, and overall economic stability. These impacts are already worsening existing problems like poverty and food insecurity. Although the country has taken important steps such as developing its Nationally Determined Contributions (NDCs), which include 19 policy actions aimed at reducing emissions, improving air quality, and promoting green jobs there are still significant gaps in implementation and coordination. The objective of this paper is to review the Ghana’s current fragmented policy framework on climate change. The paper adopted both doctrinal and empirical research methods through the review of primary and secondary sources of materials as well as survey from filed materials. The paper identified gaps in the legal and policy framework in addressing climate change in Ghana and therefore recommended for the adoption of a comprehensive climate law that would provide clear guidelines, strengthen institutional coordination and ensure accountability in climate action.
DIRECTOR ACCOUNTABILITY AND REGULATORY ENFORCEMENT IN NIGERIAN MICROFINANCE BANKS: A CORPORATE GOVERNANCE APPRAISAL UNDER CAMA 2020 AND THE CBN CODE
This article examines the effectiveness of director accountability and regulatory enforcement mechanisms in Nigerian microfinance banks within the framework of CAMA 2020 and the Central Bank of Nigeria’s Code of Corporate Governance for Microfinance Banks. Despite the existence of detailed statutory and regulatory governance standards, Nigerian microfinance banks continue to experience high levels of distress and failure largely attributable to weak board oversight, insider abuse, and regulatory non-compliance. The paper adopts a doctrinal and comparative approach to analyse the fiduciary duties of directors, the supervisory powers of the CBN, and the practical challenges of enforcement. It argues that the core governance problem in Nigerian microfinance banking lies not in regulatory insufficiency but in weak enforcement and limited personal accountability of directors. Drawing lessons from comparative regulatory practice, the paper proposes reforms aimed at strengthening director liability, enhancing regulatory discipline, and aligning corporate governance enforcement with the developmental objectives of microfinance banking in Nigeria.
EXAMINING THE LEGAL FRAMEWORK FOR THE COLLECTION OF STAMP DUTIES UNDER THE NTA 2025
Act 2025, collection of stamp duties was within the purview of the Federal Government and collected on its behalf by the FIRS (now NRS), in respect of instruments executed between a corporate entity and another, or between a corporate entity and an individual. Similarly, in respect of instruments evidencing transactions between individuals, the respective states where the transaction is carried out is entitled to levy and collect stamp duties on the instrument through the relevant tax authority for the state. However, under the New Stamp Duties regime established under the Nigeria Tax Act 2025, the Nigeria Tax Administration Act has now vested the Federal Tax Authority (the Nigeria Revenue Service) with the exclusive power to administer and collect all stamp duties. This article seeks to examine in detail the new legal regime for the administration of stamp duties in Nigeria vis-a-vis the mandatory constitutional provision which makes the NRS merely an agent of collection on behalf of each state but liable to remit and render account to each state the net proceeds of stamp duties collected by it from each state.
PRESUMED GUILTY: THE LEGAL AND ETHICAL CASE AGAINST PUBLICISING MUGSHOTS BEFORE TRIAL IN NIGERIA
The practice of publicising arrest photographs, commonly referred to as mugshots, before a suspect has been tried and convicted, raises profound questions about the integrity of criminal justice systems. In Nigeria, this practice has become a disturbingly routine. Law enforcement agencies, particularly the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force, regularly release images of arrested suspects to the media and on official social media platforms, often accompanied by narratives of guilt. This article examines the legal and ethical foundations upon which such practice must be interrogated. Drawing on the constitutional guarantee of the presumption of innocence under section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), as well as provisions of the Nigerian Data Protection Act 2023, the African Charter on Human and Peoples' Rights, and established jurisprudence from common law and international human rights bodies, the article argues that the routine publicization of mugshots before conviction constitutes a violation of the right to a fair hearing, an erosion of the presumption of innocence, and a form of reputational harm with no legitimate justification in a rights-respecting legal order. The article further proposes institutional and legislative reforms to address the problem.
MAINSTREAMING UNCLOS PRINCIPLES INTO THE PETROLEUM INDUSTRY ACT 2021: RETHINKING ABANDONMENT AND DECOMMISSIONING GOVERNANCE IN THE NIGERIAN PETROLEUM INDUSTRY
This paper examined the role of the United Nations Convention on the Law of the Sea (UNCLOS) in shaping the abandonment and decommissioning regime of Nigeria’s oil and gas industry under the Petroleum Industry Act (PIA) 2021. As Nigeria’s petroleum infrastructure aged and a growing number of offshore installations approached the end of their productive lifecycle, the need for a coherent and effective legal framework governing decommissioning became increasingly urgent. While the PIA introduced significant reforms by mandating decommissioning plans, environmental restoration, and financial assurance mechanisms, its effectiveness had to be assessed within the context of Nigeria’s international obligations under UNCLOS. Adopting a doctrinal and comparative legal methodology, this study analysed relevant provisions of UNCLOS, particularly those relating to the removal of abandoned installations, environmental protection, and safety of navigation, and evaluated their incorporation into Nigeria’s domestic legal framework. The paper found that although there was considerable alignment between UNCLOS principles and the provisions of the PIA, notable gaps remained in the explicit domestication of international standards and enforcement mechanisms. The study argued that mainstreaming UNCLOS principles into Nigeria’s decommissioning regime would strengthen regulatory oversight, enhance environmental sustainability, and ensure accountability in the management of disused petroleum infrastructure. It concluded that a harmonised approach integrating international legal obligations, domestic statutory frameworks, and complementary common law principles was essential for achieving sustainable petroleum resource governance in Nigeria.
CHALLENGES IN ENFORCING BOARD DIVERSITY IN NIGERIAN CORPORATE GOVERNANCE: A LEGAL AND INSTITUTIONAL ANALYSIS
This article examines the persistent challenges associated with the enforcement of board diversity within the framework of corporate governance in Nigeria. While various regulatory instruments, including the Companies and Allied Matters Act 2020, the Nigerian Code of Corporate Governance 2018, and sector-specific guidelines such as those issued by the Central Bank of Nigeria and the Securities and Exchange Commission, recognise the importance of diversity in corporate boards, their effective enforcement remains limited. The article adopts a doctrinal and analytical approach in evaluating the legal and institutional mechanisms designed to promote board diversity and interrogates the extent to which these mechanisms achieve practical compliance. It is argued that the predominance of soft law instruments, coupled with weak regulatory oversight, absence of binding sanctions, and structural challenges within corporate institutions, undermines the effective implementation of board diversity objectives in Nigeria. The article further identifies socio-cultural constraints, corporate resistance, and inadequate monitoring frameworks as significant impediments to enforcement. The study concludes that, although Nigeria has made notable progress in establishing governance frameworks that acknowledge the relevance of board diversity, the absence of robust enforcement mechanisms limits their practical impact. It recommends the adoption of more binding regulatory measures, enhanced institutional coordination, and the strengthening of enforcement capacities to ensure that board diversity evolves from a mere governance aspiration to an enforceable corporate governance standard.
NAFDAC REGULATION OF AI-POWERED MEDICAL DEVICES IN NIGERIA: ADEQUACY AND REFORMS
AI-powered medical devices are being actively deployed across Nigerian hospitals, clinics, and telemedicine platforms, yet the National Agency for Food and Drug Administration and Control (NAFDAC) has not developed a regulatory framework specifically calibrated to their unique safety, accuracy, and accountability requirements. This article critically examines the adequacy of NAFDAC's existing medical device regulatory architecture — including the 2024 Regulations and the draft 2025 Regulations — for governing AI-powered medical devices. Drawing on doctrinal legal analysis and comparative insights from the United States FDA,, South Africa's SAHPRA, Kenya, and the IMDRF international standards framework, the article identifies critical regulatory gaps including the absence of AI-specific SaMD classification criteria, no mandatory pre-market AI accuracy validation, inadequate post-market surveillance for algorithmic drift, absent algorithmic transparency requirements, and no algorithmic bias assessment obligations. The article proposes a targeted reform agenda anchored in AI-specific SaMD regulations, mandatory pre-market validation, the establishment of an AI Medical Device Advisory Committee, enhanced post-market surveillance, and alignment with IMDRF international standards. It concludes that regulatory adequacy for AI medical devices is a patient safety and human rights imperative that NAFDAC must urgently address.
ACCOUNTABILITY FOR WAR CRIMES IN NON-INTERNATIONAL ARMED CONFLICTS: EMERGING CHALLENGES
Non-international armed conflicts (NIACs) have become the dominant form of contemporary warfare, yet accountability for war crimes committed in these contexts remains inconsistent and often ineffective. While international humanitarian law (IHL) criminalises serious violations arising in NIACs, enforcement is frequently undermined by legal, institutional, and practical barriers. This article critically examines the evolving framework for accountability and interrogates the challenges that impede its effective implementation. Its primary objective is to evaluate the adequacy of existing mechanisms and identify both normative and operational gaps that hinder the realisation of justice. The study adopts a doctrinal and qualitative methodology, drawing on treaty interpretation, customary IHL, and relevant international and domestic jurisprudence, including developments under the Rome Statute of the International Criminal Court. Selected contemporary NIACs are used illustratively to situate the analysis within realworld contexts. The article finds that despite the progressive expansion of war crimes applicable to NIACs, accountability is constrained by jurisdictional limitations, difficulties in attributing responsibility to non-state armed groups, evidentiary challenges, political interference, and tensions between peace processes and criminal prosecutions. These factors collectively perpetuate impunity, particularly at the domestic level. The article recommends strengthening domestic legal frameworks in line with international standards, enhancing cooperation between national and international mechanisms, clarifying modes of liability for non-state actors, and restricting the use of amnesties for international crimes. It concludes that a more integrated and context-sensitive approach is essential for ensuring meaningful accountability.
LEGAL RESPONSES TO GENDER-BASED VIOLENCE: A COMPARATIVE ANALYSIS OF NIGERIA AND THE UNITED KINGDOM
Gender-based violence (GBV) is simultaneously a criminal justice issue, a public health crisis, and a profound human rights violation. This paper offers a comparative analysis of Nigeria and the United Kingdom (focusing on England and Wales), examining how law constructs, prevents, prosecutes, and remedies GBV. It integrates doctrinal analysis of statutes and appellate case law with feminist legal theory and human rights jurisprudence and situates legal frameworks within statistical evidence on prevalence and justice outcomes. The central argument is that ‘law on the books’ does not automatically translate into safety or equality: effective GBV regulation depends on state capacity, institutional design, evidential practices, survivor-centred procedure, and accountability mechanisms that align with due diligence obligations under international law. Nigeria’s VAPP Act offers an ambitious framework but is constrained by federalism-driven uneven domestication, resource shortages, and inconsistent judicial and police practice. The UK has a more consolidated architecture—consent-based sexual offences law, the coercive control offence, and the Domestic Abuse Act 2021—supported by comparatively robust data systems and oversight; yet it still faces attrition, contested evidential cultures, and systemic barriers for marginalized survivors. The conclusion proposes reforms aimed at harmonized legal coverage, evidence-led and trauma-informed practice, stronger protection-order enforcement, consistent sentencing rationales, and transparent data for both jurisdictions.
THE CONFLUENCE OF FINTECH COMPANIES WITH RESPECT TO COMPETITION IN THE FINANCIAL SECTOR IN NIGERIA
Fintech firms have fundamentally reshaped Nigeria’s financial sector by expanding digital payments, lending, and banking-like services, creating complex competition dynamics between incumbent banks, non-bank fintechs, and platform providers. This article examined these dynamics by mapping the regulatory and institutional architecture—including the Central Bank of Nigeria (CBN), the Federal Competition and Consumer Protection Commission (FCCPC), and the Nigeria Data Protection Commission (NDPC)—and analyzing market structure and conduct issues such as platform effects, network economies, data-driven advantages, interoperability, and payments infrastructure. Illustrative case studies of Moniepoint, PalmPay, payment aggregators, and digital lenders demonstrate how fintech growth can generate concentration risks, consumer harms, and structural barriers to entry. The paper further evaluates enforcement challenges, including multi-agency coordination, data access constraints, and market monitoring limitations, and proposes policy options to balance competition, innovation, and consumer protection. Recommendations focus on harmonizing regulatory oversight, enhancing real-time monitoring, implementing data portability and open-banking frameworks, and strengthening remedies, leniency, and whistleblower mechanisms tailored to the digital economy.
CONSTITUTIONAL PROTECTION OF SHAREHOLDERS AND MINIORITY INTERESTS UNDER NIGERIAN COMPANY LAW
The protection of shareholders, particularly minority interests, is a cornerstone of effective corporate governance and investor confidence in Nigeria. This article examines the constitutional and statutory framework that safeguard shareholder rights, analysing how the Nigerian Constitution, Companies and Allied Matters Act (CAMA) 2020, and the Nigerian Code of Corporate Governance 2018 provide legal and institutional mechanisms for protecting minority shareholders. Employing the doctrinal legal methodology, the study explores constitutional provisions on property, equality, fair hearing, and economic governance as the normative foundation for shareholder protection. It also evaluates statutory remedies, including derivative actions, oppression petitions, and fiduciary duties of directors, alongside the roles of such regulatory institutions as SEC, CAC, and FRC. The article finds comparative perspectives from the United Kingdom and South Africa that highlight best practices in minority shareholder protection and offer lessons for strengthening Nigeria’s corporate governance framework. It also finds that while Nigeria has developed a comprehensive legal structure for protecting shareholders, challenges such as weak enforcement, limited regulatory capacity, and inconsistent corporate compliance persist. Accordingly, recommendations reached include enhancing regulatory oversight, fostering a culture of ethical corporate governance, adopting “comply or explain” reporting framework, and improving access to legal remedies. The article concludes that measures are essential for promoting transparency, accountability, and sustainable economic growth.
INTERNATIONAL CRIMES, VIOLATIONS AND GRANT OF AMNESTY
The proliferation of international crimes, ranging from genocide, war crimes, crimes against humanity, to gross human rights violations, has posed significant challenges to the global legal and political order. These crimes not only disrupt peace and security but also undermine the principles of justice, accountability, and rule of law. In response, various mechanisms, including prosecutions, truth commissions, and reparations, have been employed to address these violations. However, the grant of amnesty has emerged as a contentious tool within transitional justice frameworks, often invoked to facilitate peace, reconciliation, and post-conflict stabilization. This paper critically examines the interplay between the commission of international crimes, state and non-state violations, and the political and legal implications of granting amnesty. It explores whether amnesty serves as a pragmatic instrument for ending armed conflicts or whether it constitutes an impediment to justice and accountability under international law. Drawing on comparative case studies, including conflicts in Africa, Latin America, and the former Yugoslavia, the study evaluates the legal permissibility of amnesty under international norms, the tension between peace and justice, and the ethical and moral considerations surrounding impunity. The research highlights the complexity of balancing the imperatives of conflict resolution with the necessity of upholding victims’ rights and international legal obligations. Ultimately, the paper argues for a nuanced approach to amnesty, advocating for conditional or restricted frameworks that align with international standards, promote reconciliation, and preserve the integrity of international criminal justice.
THE CORPORATE AFFAIRS COMMISSION REGULATORY OVERSIGHT AND BUSINESS GROWTH INCENTIVES
This study examines the effectiveness of Nigeria’s Corporate Affairs Commission (CAC) in balancing regulatory oversight with the need to promote business growth and investment incentives. The core objective of the study is to evaluate whether the regulatory powers and administrative practices of the CAC adequately ensure corporate accountability, transparency, and compliance without creating undue barriers to business formation and expansion. The research is driven by the problem of increasing regulatory demands and compliance costs which, while intended to strengthen corporate governance, may discourage entrepreneurship, particularly among small and medium-sized enterprises. Using a doctrinal research methodology, the study critically analyses the provisions of the Companies and Allied Matters Act 2020 as the primary legal framework governing corporate regulation and business operations in Nigeria. The findings show that CAC reforms under CAMA 2020, particularly digital registration and simplified post-incorporation filings, have improved efficiency, transparency, and investor confidence in Nigeria’s corporate system. However, regulatory rigidity, overlapping compliance requirements, and limited institutional capacity continue to restrict business growth and formalisation. The study recommends a more coordinated regulatory approach that combines enforcement with supportive measures. The CAC should strengthen public awareness programmes to help businesses, especially start-ups and small enterprises, understand their compliance obligations.
CHILD WITNESSING IN NIGERIA: A LEGAL ANALYSIS
The law and practice of evidence constitute one of the foundational frameworks for the determination of the rights and obligations of individuals and institutions engaged in disputes. Within this framework, the participation of children in legal proceedings presents a distinctive and sensitive dimension. In certain instances, a child may appear not only as a party to an action but also as a vital witness stricto sensu on behalf of contending parties. It is now widely accepted that a child is, in principle, a competent witness. However, the manner in which untainted and reliable evidence may be elicited from a child, as well as the probative weight to be ascribed to such testimony, remains a subject of concern largely attributable to the absence or inadequacy of protective measures designed to ensure that the child is sufficiently confident, secure, and free from intimidation both during and after the process of testifying. This paper undertakes a critical analysis of child witnessing within the Nigerian legal system, with particular emphasis on the extent to which existing laws safeguard this vulnerable category of witnesses. Adopting a doctrinal methodology, the study draws upon extant statutory provisions, judicial authorities, and other relevant secondary sources. The findings reveal that many child witnesses are exposed to significant risks, exacerbated by inadequate infrastructural facilities and, more critically, by the ineffective implementation of existing legal safeguards. Accordingly, the paper recommends that Nigeria should improve its approach by adopting a more holistic framework that combines competency rules with structured special measures, intermediary use, guaranteed support persons, and enforceable privacy protections, thereby achieving a better balance between fair trial rights and child protection.
CYBERCRIME, GENDER, AND LEGAL PROTECTIONS: A COMPARATIVE STUDY OF NIGERIA AND THE UNITED STATES
Cybercrime has emerged as one of the most significant threats in the digital age, transcending national boundaries and affecting individuals, institutions, and governments alike. While cybercrime is often discussed in terms of financial loss and technological vulnerability, its gendered dimensions remain largely underexplored, particularly in developing jurisdictions. Women and gender minorities are disproportionately affected by certain forms of cybercrime such as cyberstalking, online harassment, sextortion, and the non-consensual dissemination of intimate images. These harms are not merely technological but deeply social and legal, raising critical questions about access to justice, victim protection, and the adequacy of existing legal frameworks. This study undertakes a comparative analysis of Nigeria and the United States in order to examine how both jurisdictions address cybercrime through a gender-sensitive legal lens. The paper analyses statutory provisions, judicial responses, institutional mechanisms, and enforcement challenges in both countries. It argues that while the United States has developed more comprehensive victim-oriented legal protections, Nigeria’s framework remains largely offender-focused, with significant gaps in gender-sensitive enforcement. The paper concludes by recommending legal reforms, policy interventions, and institutional strengthening to enhance gender protection within cybercrime regulation, particularly in Nigeria.
EXAMINING CRIMES AGAINST HUMANITY AND INDIVIDUAL AND CORPORATE ACCOUNTABILITY IN THE ARMED CONFLICT AND VIOLENCE IN NIGERIA
The persistent armed conflicts and widespread violence across Nigeria, ranging from Boko Haram insurgency, banditry, farmer–herder confrontations, separatist agitations, and security force abuses, have generated patterns of atrocities that increasingly resemble crimes against humanity under international law. Despite the gravity and scale of these violations, accountability mechanisms for both individual perpetrators and complicit corporate actors remain weak, fragmented, or entirely absent. This paper critically examines the legal characterisation of atrocities committed in Nigeria, assessing whether they meet the thresholds of crimes against humanity as defined in customary international law and the Rome Statute of the International Criminal Court. It analyses key acts such as murder, enforced disappearance, torture, sexual violence, persecution, forced displacement, and attacks on civilian populations, highlighting their commission by state actors, non-state armed groups, and private security contractors operating on behalf of corporate entities. It assesses Nigeria’s domestic legal system, including constitutional provisions, the Terrorism (Prevention) Act, military rules of engagement, and criminal statutes, identifying significant gaps in the attribution, investigation, and prosecution of mass atrocity crimes. Particular attention is given to the evolving discourse on corporate complicity, especially the role of extractive industries, security companies, and multinational corporations whose operations intersect with violent conflict zones. Through doctrinal analysis, case studies, and review of international accountability models, the paper argues that Nigeria’s accountability deficit is driven by structural impunity, weak investigative architecture, political interference, and absence of explicit legal provisions criminalising crimes against humanity. It proposes a multi-layered approach involving legislative reform, effective investigative bodies, enhanced corporate due diligence obligations, and potential international intervention where domestic remedies fail.
APPRAISING THE LEGAL FRAMEWORKS TO CHALLENGE OF UNLAWFUL DETENTION IN NIGERIA: LEGAL FRAMEWORKS, SYSTEMIC CHALLENGES, AND REFORM IMPERATIVES
Unlawful detention constitutes a grave violation of constitutional rights in Nigeria and undermines the legitimacy of its criminal justice system. Despite legal safeguards embedded in the 1999 Constitution, the Administration of Criminal Justice Act 2015, and the Nigeria Police Act 2020, pre-trial detention without charge, arbitrary arrests, and abuse of remand proceedings remain rampant. This article critically examined the legal, institutional, and socio-economic factors enabling unlawful detention, including the persistent misuse of holding charges, systemic police misconduct, lack of legal representation, and infrastructural deficiencies within Nigeria’s judicial and custodial systems. Through doctrinal analysis and relevant case law, the paper exposed how these challenges erode the right to liberty and fair trial, particularly for indigent and marginalized populations. The study concluded by offering comprehensive recommendations aimed at legislative reform, institutional restructuring, and enhanced legal aid provision. It advocated for a rights-based approach to criminal justice in line with Nigeria’s domestic obligations and international human rights norms.
ANALYSIS OF CONTEMPORARY ISSUES IN THE USE OF ARTIFICIAL INTELLIGENCE FOR LEGAL EDUCATION IN NIGERIA
This paper examined the growing role of Artificial Intelligence (AI) in legal education in Nigeria against the rapid technological advancement and increasing global reliance on digital learning tools. Traditionally, legal education in Nigeria relied on orthodox teaching methods, heavy doctrinal instruction, and manual legal research. However, the emergence of AI-powered platforms for legal research, drafting, case analysis, and learning support began to reshape how law was taught and learned, raising important questions about effectiveness, ethics, and regulation in that regard. The paper seeks to critically analyse the contemporary issues surrounding the use of AI in Nigerian legal education, with particular emphasis on its conceptual foundations, practical applications, challenges, and future prospects. The paper sought to assess whether AI could enhance legal training without undermining academic integrity, professional competence, or the set ethical standards. This article adopted a doctrinal and analytical methodology, relying on a critical review of existing literature, policy documents, comparative experiences from jurisdictions such as the United Kingdom, Canada, and South Africa, and an evaluation of emerging AI platforms tailored to African legal practice. Major findings revealed that while AI holds significant potential to improve access to legal resources, research efficiency, and educational innovation, its adoption in Nigeria is constrained by infrastructural deficits, limited regulatory guidance, and concerns over over-reliance and misuse. Finally, the article recommended the structured integration of AI literacy into legal curricula, targeted capacity-building for law lecturers, the development of context-sensitive regulatory frameworks, and continuous empirical research to guide responsible and effective AI integration in Nigerian legal education.
CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME IN THE NIGERIAN LEGAL PROFESSION: TOOL OR THORN?
Continuing Professional Development (CPD) has become a central feature of modern legal regulation, aimed at ensuring that lawyers maintain competence and professional relevance throughout their careers. In Nigeria, CPD is mandatory for legal practitioners and is largely administered through the Nigerian Bar Association and its Institute of Continuing Legal Education. Despite its importance, the programme has generated growing dissatisfaction among lawyers, raising concerns about its usefulness, accessibility, cost, and overall impact on legal practice. This paper examines whether CPD in the Nigerian legal profession functions as a genuine tool for professional improvement or has become a regulatory burden that undermines its intended purpose. The objectives of the paper are to clarify the concept of CPD, examine the legal and institutional frameworks governing its operation in Nigeria, review existing scholarly views, and draw lessons from selected foreign jurisdictions. Using doctrinal and comparative analysis, the paper finds that CPD is conceptually sound and necessary for maintaining professional standards. However, its implementation in Nigeria is weakened by poor content design, high costs, limited accessibility, and an excessive focus on credit-hour compliance rather than skills development. The paper recommends restructuring CPD content to emphasise practical skills, expanding affordable digital learning platforms, adopting flexible and outcomes-based compliance models, and improving transparency in enforcement. Properly reformed, CPD can serve as an effective tool for strengthening the Nigerian legal profession.
THE SOUND OF DEMOCRACY: LEGAL AND PROCEDURAL EXAMINATION OF THE VOICE VOTE IN THE SENATE OF THE NIGERIAN NATIONAL ASSEMBLY
The voice-vote remains one of the most enduring decision-making procedures in legislatures, symbolizing both the simplicity and immediacy of parliamentary democracy. Notwithstanding, its continued use raises important questions about transparency, accuracy, and democratic accountability in contemporary law-making. This article offers a detailed legal and procedural examination of the voice vote in the Nigerian Senate, interrogating how it is initiated, conducted, and ruled upon, the discretionary power it accords the Presiding Officer, and its normative foundation within practice. The study finds that while the voice vote is efficient for disposing uncontested matters, routine motions, and procedural questions, its reliance on auditory estimation introduces significant risks of partisan manipulation, and the suppression of minority voices. The article further finds that systemic challenges, including the absence of objective thresholds for determining “majority,” limited opportunities for Members to demand division, and insufficient technological support for verification, are structural barriers to participation and quorum visibility. These weaknesses undermine legislative credibility and public trust, particularly during contentious deliberations where precision is essential. The article argues that for the Nigerian Senate to embody the ideals of democratic decision-making, voice voting must be complemented, and in some contexts replaced by more transparent, verifiable, and participatory voting procedures. Drawing on comparative analysis from two jurisdictions- the United Kingdom and Canada, the article proposes reforms such as expanding electronic voting infrastructure, tightening the procedural conditions for voice-vote rulings, strengthening safeguards for calling divisions, and enhancing transparency measures such as audio archiving and recorded voting.
RE-EXAMINING THE SCOPE AND LIMITS OF THE PREROGATIVE OF MERCY UNDER THE NIGERIAN CONSTITUTION: A CASE STUDY OF RECENT PRESIDENTIAL AND OSUN STATE PARDONS
One of the most extensive discretionary powers granted to the Nigerian government is the prerogative of mercy, which is intended to address injustices, mitigate severe penalties, and uphold humanitarian principles within the criminal justice system. However, its use has often sparked controversy, especially when applied to infamous or politically linked criminals. With particular reference to the recent pardons granted by Governor Ademola Adeleke of Osun State and President Bola Ahmed Tinubu in October 2025, this essay re-examines the constitutional scope, procedural structure, and moral limits of Nigeria's prerogative of mercy. Based on a doctrinal examination of Sections 175 and 212 of the 1999 Constitution (as amended), pertinent court rulings, and a comparative analysis between India and South Africa, the study reveals that both acts of clemency highlight serious problems with Nigeria's compassion system, despite their apparent procedural compliance. These include a lack of clear standards, shoddy consultation procedures, and a lack of consideration for victims' rights. The results imply that moral responsibility and public opinion are now key considerations for determining whether executive pardons are legitimate. The paper argued that the prerogative of mercy must operate as a constitutional obligation rooted in justice, reason, and moral responsibility rather than as a political privilege. To rebuild public trust and guarantee a fair balance between compassion and justice in Nigeria's democracy, the paper ended by recommending extensive reform through legislative regulation, the dissemination of advisory recommendations, conditional pardons, and limited judicial scrutiny.
AN EXAMINATION OF THE LEGAL FRAMEWORK FOR HEALTHCARE IN NIGERIA
The ability of any national healthcare system to serve the interest of its citizen depends on the strength of its legal framework, and this is because it is only a viable legal framework in the national healthcare that can guarantee a standard, professional and adequate healthcare delivery services, and easy access to adequate healthcare. Nigeria’s healthcare system is regulated by several legislations, regulations, and health policies. In ensuring that the citizens have access to quality healthcare, all the three tiers of government share the legislative competence to legislate on healthcare. In exercise of these legislative functions on healthcare, there are several legislations on healthcare at the Federal and State level which regulate different aspect of healthcare in Nigeria, including one or two international treaties which are already domesticated as municipal legislations. This study sought to critically examine few of the Federal legislations that have direct impacts on healthcare in Nigeria. This article further sought to answer the following questions: how effective these legislations on healthcare in Nigeria are, and what impacts have those legislations on the healthcare system in Nigeria. In addressing some of the issues raised in this article, doctrinal method is adopted by which few legislations are examined. This study concluded that although there are legislations on healthcare in Nigeria, many of them require an amendment on the account of certain defects and their age in order to really address health concerns in Nigeria. Recommendations are therefore made for their amendment and/or repeal.
A COMPARATIVE ANALYSIS OF THE NON-JUSTICIABILITY CLAUSES OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AND THE CONSTITUTION OF THE REPUBLIC OF INDIA
The doctrine of non-justiciability reflects a constitutional design that limits judicial review in specific domains, particularly socio-economic rights and directive principles of state policy. This paper undertakes a comparative analysis of the non-justiciability clauses under the Constitution of the Federal Republic of Nigeria 1999 and the Constitution of the Republic of India. While both constitutions embody aspirational provisions that guide governance and social justice, they diverge in their approaches to enforceability. In Nigeria, Chapter II of the 1999 Constitution, which contains the Fundamental Objectives and Directive Principles of State Policy, is expressly declared non-justiciable under section 6(6)(c), thereby excluding courts from adjudicating on matters arising therefrom. Conversely, the Indian Constitution, under Part IV, similarly renders its Directive Principles of State Policy non-justiciable; yet, Indian jurisprudence has progressively evolved to harmonize these principles with justiciable fundamental rights, thereby expanding judicial enforcement of socio-economic entitlements. This study critically compares the textual provisions, judicial interpretations, and practical implications of these clauses in both jurisdictions. It argues that while Nigeria’s rigid stance forecloses judicial creativity in advancing social justice, India’s pragmatic jurisprudence demonstrates a functional reconciliation of non-justiciability with enforceable rights. The paper concludes that Nigeria can draw valuable lessons from India’s judicial activism to reinterpret or reform its constitutional framework, ensuring that socio-economic aspirations translate into enforceable rights; expanding the scope of human rights and the frontiers of constitutionalism without undermining the doctrine of separation of powers.
GENDER AND ARMED CONFLICTS IN NIGERIA: EXAMINING ITS IMPACT ON THE RIGHTS OF WOMEN AND CHILDREN
Armed conflict in Nigeria has evolved into one of the most persistent threats to human security, but its consequences fall unevenly across gender lines. Women and girls, already situated within a social context shaped by inequality, bear unique and often disproportionate harms during periods of violence. This article interrogated the intersection between gender and armed conflict in Nigeria, offering a clear conceptual foundation before examining the country’s complex conflict landscape from insurgency in the Northeast to communal clashes, banditry, and militancy in other regions. It explored how these conflicts undermine fundamental rights of women and girls, including the rights to life, dignity, education, health, personal liberty, and freedom from sexual and gender-based violence. The paper also evaluated the adequacy of existing legal and institutional frameworks, domestic, regional, and international that are designed to protect women and children in conflict situations. The doctrinal methodology style was utilized in carrying out this research. By providing a comparative outlook with the United Kingdom and South Africa, the work highlights practical models for prevention, protection, and reintegration that Nigeria can adopt or work with. Through this multidisciplinary analysis, the article demonstrates that gender-sensitive responses to conflict are not only legal and moral obligations but also essential for peace-building and national stability. It concluded with forward-looking recommendations aimed at reforming protection mechanisms, improving accountability for violations, and enhancing Nigeria’s commitment to safeguarding the rights and welfare of women and girls during armed conflict.
OVERSIGHT OR EXTRACTION? LEGISLATIVE COMMITTEES IN NIGERIA AND THE INSTITUTIONALIZATION OF CLIENTELISM AND RENT-SEEKING
We interrogated in this article the paradoxical role of legislative committees in Nigeria, asking whether constitutionally mandated oversight functions have, in practice, been transformed into mechanisms of extraction. While legislative committees are designed to promote accountability, transparency, and the rule of law, we argue that they have increasingly become institutional sites for the routinization of clientelism and rent-seeking. We draw our methods from the doctrinal analysis, political economy theory, and normative legal critique to demonstrate how committee procedures particularly investigative hearings, oversight visits, budget scrutiny, and regulatory confirmations are frequently deployed to secure informal benefits from private actors and economic agents. We equally advanced in this article the central claim that clientelism and rent seeking in Nigeria’s legislative committees are no longer episodic deviations but have become institutionalized practices sustained by formal rules, discretionary powers, and weak accountability mechanisms. This institutionalization has profound implications for private and property relations, including regulatory uncertainty, distorted market access, insecure property rights, and the erosion of contractual predictability. We situate legislative committee practices within broader debates on governance, law, and political economy and highlights how legal institutions may inadvertently legitimize informal extraction. We thereafter conclude this article by proposing normative and institutional reforms aimed at reclaiming legislative oversight as a genuine instrument of accountability rather than a vehicle for rent extraction.
JURISPRUDENTIAL ANATOMY OF THE RIGHT TO HEALTH OF THE ELDERLY AND AGING POPULATION; CHALLENGES AND OPPORTUNITIES FOR IMPROVING HEALTHCARE FACILITIES IN AFRICA
The right to health is a fundamental human right enshrined in various international and regional instruments, including the African Charter on Human and Peoples’ Rights. However, the realization of this right remains elusive in Africa, where inadequate healthcare facilities, poor infrastructure, and limited access to quality healthcare service persist. This paper undertakes a jurisprudential assessment of the right to health in Africa, examining the challenges and opportunities for improving healthcare facilities on the continent. The right to health is recognized as a cornerstone of human dignity and well-being. In Africa, however, the enjoyment of this right is compromised by numerous factors, including inadequate funding, brain drain, and insufficient healthcare infrastructure. The right to health is a fundamental human right enshrined in various international and regional instruments, including the Universal Declaration of Human Rights and the African Charter on Human and People’s Rights. In Africa the realization of this right remains elusive due to numerous challenges. The Africa region faces significant healthcare challenges, including inadequate infrastructure, shortage of healthcare professionals, and limited access to essential medicines. These challenges are exacerbated by poverty, inequality and poor governance. International law imposes obligations on states to ensure the progressive realization of the right to health. However, African countries face difficulties in implementing this obligation due to resource constraints and competing priorities.
TAX INCENTIVES FOR RENEWABLE ENERGY INVESTMENTS UNDER THE NIGERIAN TAX ACT 2025: A DOCTRINAL AND POLICY ANALYSIS
This article conducts a doctrinal and policy analysis of tax incentives for renewable energy investments under the Nigerian Tax Act, 20251. Against the background of Nigeria’s ongoing energy deficit and rising climate commitments, it explores how recent tax reforms reposition fiscal policy as a tool for advancing sustainable energy development. The article focuses on the Economic Development Tax Credit,2 which replaces the former Pioneer Status Incentive, and assesses its design, scope, and implications for renewable energy investors. It also examines related fiscal measures, including capital allowances, value-added tax reliefs, and customs duty exemptions applicable to renewable energy assets. Beyond statutory analysis, the article discusses the interaction between the Nigerian Tax Act 2025 and complementary legislation, notably the Electricity Act 2023, the Climate Change Act 2021, and the Nigeria Revenue Service Act 2025, highlighting areas of coherence and institutional and administrative gaps. Employing a doctrinal legal research methodology and drawing limited comparative insights from Kenya and South Africa, the article contends that while Nigeria’s incentive framework reflects international best practice in shifting towards performance-based and fiscally sustainable incentives, its effectiveness depends on administrative capacity, inter-agency coordination, and transparency in implementation. The article concluded by proposing targeted reforms to enhance the coherence, accessibility, and enforceability of Nigeria’s renewable energy tax incentive regime.
TAMING INTELLIGENCE: WHY AI REGULATION MUST BE UNIFORM AND UNIVERSAL
Artificial Intelligence (AI) has rapidly evolved from a technological innovation within a niche/industry and into a global infrastructure that boosts governance, trade, communication, education, national security, and daily social interactions. Sadly, the legal and ethical frameworks governing Artificial Intelligence remain fragmented, inconsistent, largely industry-specific and heavily dependent on domestic political priorities. The present fragmentation produces regulatory arbitrage, inconsistent protection for human rights, and global vulnerabilities. This paper argued that the scale, speed, and cross-border influence of Artificial Intelligence necessitate a uniform regulatory structure, one based on shared global ideas, standards, and coordinated execution. Using a doctrinal research methodology by reliance on both primary and secondary sources such as international law, human rights standards, cyber governance, and economic regulation, the paper looked at the problems with current models, identified opportunities for global partnership, and suggests paths to a global AI regulatory structure that can protect humanity and still allow for innovation. it recommended amongst others, that a universal uniform global AI regulatory scheme be evolved, as a panacea to dealing with the negatives issues an unregulated Artificial Intelligence structure portends.