UNIZIK Law Journal

DOCTRINE OF EXCLUSION AND LIMITATIONCLAUSES IN AN AGREEMENT: APPROACHFROM THE CONTRACT OF CARRIAGE BY AIR

2022-01-05T14:23:07+01:00

The cardinal principle of law of contract is that, right from the point of entering into an agreement,
parties are and should be allowed to exercise their free will to bargain in any form of contract they wish
to enter into. This is called doctrine of consensus ad idem. It is the consequence of this doctrine that
gives life to the contractual elements thereby validates all the exclusionary and/or limiting clauses
inserted in the agreement between the parties. Be that as it may, Air carrier and passenger(s) are allowed
to insert any of the clauses provided they will act within the general principle of law of contract and the
various international and domestic instruments guiding the contract of carriage by air. Adopting various
interpretations of Montreal Convention 1999 by the Nigerian courts, the paper therefore explores how
the doctrine of exclusion and limitation clauses are being applied to the contract of carriage by air and
under what circumstances would the doctrine be jettisoned in the contract of carriage by air? The paper
is doctrinal in nature; thereby gather information from both the primary and secondary sources of law. It
finds that the general principle of exclusion and limitation clauses is applicable to the contract of carriage
by air; however, the circumstances under which the clauses may be jettisoned are well and clearly stated
in both the international convention and various domestic laws on carriage of passengers, goods and
cargo. The paper concludes and recommends that the validity and enforceability of clause depend on the
effectiveness of the doctrine of consensus ad idemby the parties as well as other terms of the in
contractual agreement. However, the notice of the clauses should be made mandatory rather than its
failure from the air carrier be treated as a mere irregularity. This will further sensitize the passengers as
to the nature and consequence of the clause inserted into the air ticket.

CHILD RIGHTS LAW AND PRACTICE IN NIGERIA: A LESSON FROM SOUTH AFRICA

2022-01-10T09:53:56+01:00

In Nigeria, children are not adequately protected because they are exposed to various forms of abuses in
the form of child labour, child trafficking, child marriage, domestic violence and sexual abuses amongst
other violations of their rights. Also, Child related extant laws are not effective in protecting or
promoting the rights of children because of the marked increase in the incidences of child rights abuses
in Nigeria. This article seeks to appraise the child rights law and practice in Nigeria and South Africa
through doctrinal research method and it found that Nigeria can learn some lessons from the child rights
law and practice in South Africa especially in the aspect of constitutional provisions, justice system and
social security. The paper therefore recommended legislative and executive inputs to adopt these key
aspects to further protect and promote the rights of children in Nigeria.

An Appraisal of the legal and Policy Framework in Combating Climate Change in Nigeria: What is the Way Forward

2022-01-04T15:02:55+01:00

The climate change debate has moved from being an illusion to being a serious environmental challenge
for modern governments especially in developing societies. Even though, countries in the Global North
have been the culprit and those in the Global South have been the victims, trading blames back and forth
will only aggravate the damage already done. Facing frontally the anthropogenic factors that have
triggered the crisis in Nigeria, for instance, will go a long way in stemming the byzantine effects already
generated. This paper has broadened the climate change discourse by conceptualizing the phenomenon,
identifying its effects on the global and domestic environments and mooted solutions to arrest the
menace. The paper concludes that until the anthropogenic factors that generate and sustain the climate
change menace are addressed, the present generation of Nigerians may not be adequately protected while
there may be nothing to preserve for the future generations. This paper explored data comparatively and
made some useful and achievable recommendations.

INTERROGATING THE ENFORCEMENT OF CREDIT SECURITY RIGHTS IN NIGERIA, GHANA AND KENYA

2022-01-10T07:46:14+01:00

The paper examined the enforcement of credit security rights in Nigeria, Ghana and Kenya.Enforcement
of various forms of credit security in any economy and especially in the three countries which form the
focus of this paper concern how quick and easy it is for a creditor to realise credit lent to a borrower. The
ability to recover loans advanced encourages further advances and positively affects the economy of
nations while the opposite is a sine qua non to economic stagnation and retardation. The motivation for
this paper is to underscore the importance of credit financing backed by adequate securities to the growth
of the nation's economy and the need for effective enforcement of provisions of enabling laws. The
paper adopting the doctrinal research methodology examined primary and secondary sources of law on
the subject matter and found amongst others that common credit security systems existed in the three
countries under scrutiny with relevant laws particular to each country. It was also found that secured
credit transactions as live wires of economic businesses thrive on the borrowing and lending of credit
which oil the wheels of a nation’s economic development thereby guaranteeing sustainable wealth for
persons, organizations and the nation at large. Furthermore, it was found that there were significant
differences between credit regimes of the three countries especially in the enforcement of credit security
rights. The paper therefore recommended amongst others, the harmonisation of all relevant laws on
credit financing and credit security in Nigeria and more particularly,the amendment of section 40(5) of
the Secured Transactions in Moveable Assets Act 2017 which provides for the use of the police in the
recovery of a collateral to be subject to the creditor first obtaining a court approval for involving the
police.

ENVIRONMENTAL PROTECTION AND THE IMPERATIVE OF DOMESTICATING INTERNATIONAL TREATIES IN NIGERIA

2022-01-05T14:38:42+01:00

Prior to the dumping of about 8000 drums of radioactive waste by an Italian ship in a small town of
Koko, Delta State (former Bendel State) in 1988, Nigeria had no comprehensive law for protection of the
environment. The Koko incident woke up Nigeria from slumber into taking concrete steps in protecting
the environment by enacting the Harmful Waste (Special Criminal provisions) Act through the then
Decree 42 of 1988 and Federal Environmental Protection Agency (FEPA) 1988,now known as National
Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007, as both legal and
institutional framework for the protection and management of the environment. Despite the two
enactments, environmental pollution and degradation have continued unabated in Nigeria. This led this
article to critically examine the imperativeness of domestication of international treaties in driving the
environmental policy of Nigeria. The finding is that there are challenges militating against domestication
of environmental treaties in Nigeria such as the reluctance on the part of the executive arm of
government in ratifying treaties made on behalf of the country and non-participation of the National
Assembly in treaty making. The research methodology adopted by the researchers is purely doctrinal
with analytical and descriptive approaches in recommending the immediate ratification of all
environmental treaties by the executive arm of government and the amendment of Treaties (Making
Procedure Etc) Act, 2004 to make the participation of National Assembly in treaty-making process
compulsory.

AN APPRAISAL OF THE OFFENCE OF RAPE UNDER NIGERIAN LAWS

2022-01-10T10:48:44+01:00

This paper examines the offence of rape under Nigerian laws with the aim of determining the state of the
law on rape in order to identify the loopholes contained therein and make necessary recommendations.
The methodology adopted in the course of this research is the doctrinal methodology. The researcher
used both primary and secondary methods of data collection. Some of the findings of this work are: The
Nigerian Criminal Code and Penal Code are lacking in their provisions on the offence of rape such as its
provisions on who can commit rape, on whom rape can be committed, what objects and parts of the
body can be used to commit the office, marital rape and so on. However, the researcher found that the
Violence against Persons (Prohibition) Act of 2015 (VAPP Act) has gone a long way in covering up
these loopholes. Unfortunately, this VAPP Act still retains the archaic view on marital rape. Some of the
recommendations made in this paper are: amendment of the Criminal Code and Penal Code to reflect
modern developments being major criminal statutes in Nigeria, amending VAPP Act in respect of its
archaic provision on marital rape, adoption of the provisions of the Child Rights Act by states and
adoption of the provisions of the VAPP Act by states.

Child/Forced Marriage and Human Rights of Women in Nigeria: A Legal Anatomy

2022-01-04T15:28:39+01:00

It is a notorious fact that in patriarchal societies such as those of Nigeria, women are disadvantaged by
discriminatory customary practices that assigned gender roles on them which subordinate them to men.
This has mounted immense pressure on women such that they keep struggling in order to be seen in all
spheres of life.171 The most highlighted of these gender discriminatory customary practices is
child/forced marriage. It is unarguable that the rights of the child all over the world are considered to be
paramount, inalienable and inderogable. This is why there have been several outcries against the
continued practice of child/forced marriage in most developing, underdeveloped and the Arab countries
of the world. The danger associated with child/forced marriage is legion and if not urgently nipped on
the bud, will reduce the women folk to mere logs of wood. Using empirical and doctrinal research
methods, this work critically examined the practice of child/forced marriage in Nigeria and found out
that this customary practice still thrives in Nigeria, mostly in Northern parts of Nigeria.
Recommendations were made strict adherence to which shall throw this menace into the oblivion.

LEGAL FRAMEWORK FOR COPYRIGHT MANAGEMENT IN NIGERIA: A REVIEW OF THE FUNCTIONS OF COLLECTIVE MANAGEMENT ORGANISATIONS

2022-01-10T08:10:09+01:00

The essence of copyright management is to plummet infringements and establish a structure for
copyright owners to enjoy maximum benefits from the exploitation of their works. However, despite
efforts in creating an efficient copyright management, much has not been achieved as the advancement
of technology has challenged the efforts as infringement is now easier and with global nature. With the
above, an efficient copyright management in the present technological age will naturally be complex and
flexible to take care of developing technologies. This work made a study of the legal framework for the
management of copyright in Nigeria, considering the duties and powers of the Nigerian Copyright
Commission as the sole administrative/regulatory body with responsibility of ensuring proper
administration of copyright in Nigeria. Nigerian Copyright Commission has powers to approve
Collective Management Organisations which directly manages the rights of copyright owners on their
behalf. Under normal circumstance, the law is supposed to keep pace with changes in society. However,
the rapid technological changes creating new channels and modes of copyright infringement is clearly
threatening to leave the Nigerian law behind and obsolete against copyright management. The study
adopted the doctrinal research methodology using analytical approach with the aid of statutory
enactments, case laws, text books. It is the finding in the paper that Nigerian Copyright Commission and
Collective Management Organisations as approved by Nigerian Copyright Commission are laid back and
need to catch up with technological trend for effective management of copyright.

THE ROLE OF LAW IN THE SEXUALISATION OF POLITICS IN NIGERIA

2022-01-04T14:53:09+01:00

Men and women are sexual beings that relate harmoniously together but there are sexual politics in
virtually all aspects of interpersonal relationships. Sexual politics is how power is shared between men
and women, whether evenly or marginally. These relationships between the sexes are viewed in the
political ideology as political sexualisation. However, the many factors and interplays of issues in this
milieu propel this study to critically examine “the role of law in the sexualisation of politics in Nigeria.”
The specific objectives were to appraise the incidents of sexual politics between male and female, to
examine the challenges faced by the female folk, and to as well appraise enactments both national and
international made to curb the menace of sexual politics marginalization in the Nigerian society, and
finally made some recommendations. The research design and methodology was doctrinal approach,
using analytical and descriptive research methodology. The main sources of data collection were various
legal documents and materials, both from the library and internet, and covering the primary sources and
the secondary sources. For the summary of findings, it was submitted among others that the term politics
refers to power-structured relationships and arrangements, whereby one group of persons is controlled
by another, and patriarchy on the other hand is an institution perpetuated by such techniques of control,
thus giving a working definition on how politics is conceived. It was further observed that while politics
is concerned with getting or using power within a particular group or organization, patriarchal
government can be taken as an institution whereby half of the populace which is female is controlled by
the other half which is male. Sequel to these backdrops, it was recommended that the distance between
the real and the ideal which result in contradictions and exceptions should be bridged within the system,
also that patriarchy as an institution should be less dogmatic in male dominance, and with the import of
democracy, females should not be discriminated in holding political power or occupying any political
office, notwithstanding their sex. Finally, this study was made to be significant to scholars of
jurisprudence, political philosophers, feminism and human rights advocates, as well as being relevant to
the legal practitioners, politicians, economists, and political scientists, as well as the judges/justices in
any case relating to women political rights.

EVALUATION OF THE IMPACTS OF COVID-19 PANDEMIC ON CUSTOMS CLEARANCE PROCEDURE IN NIGERIA

2022-01-10T07:17:06+01:00

Customs clearance is a critical process to the facilitation of international trade through improved customs
and port administrations. Delays and uncertainties in this procedure lead to significant costs for
international trade and the local economy. The COVID-19 pandemic reveals the weaknesses in customs
clearance procedures and the response of government most of which have proved counterproductive.
This paper evaluated the impacts of COVID-19 on customs clearance procedure in Nigeria and its
implication for the regional integration efforts under the African Continental Free Trade Agreement
(AfCFTA). The paper adopted doctrinal research method by relyingon relevant statutes and literature. It
provided an overview of the legal and institutional framework for customs clearance in Nigeria; analysed
the customs clearance procedure before and after the pandemic and made necessary recommendations. It
argued that the current procedure and policies are inefficient to encourage international trade with
Nigeria and is bound to experience challenges in implementing the ambitions of the AfCFTA. It
recommended the introduction of a robust customs clearance procedure and the use of technology to
simplify procedures and facilitate trade for preparing the country to take advantage of the opportunities
presented by the AfCFTA.

THE EFFICACY OF ONE PERSON COMPANY UNDER THE COMPANIES AND ALLIED MATTERS ACT 2020: LESSONS FROM SINGAPORE AND INDIA

2022-01-10T11:08:28+01:00

A Company is a person or a body of persons who pool their resources together in other to form a
business for profit maximization or social responsibility. The business association under this heading
has one feature in common;they have legal personality that is they are legal entities distinct and separate
from the persons of which they consist. In the same stead, a company is the greatest asset of the Gross
Domestic Product of several countries and by extension, the per capital income. It is therefore
submitted that a company is a veritable medium for carrying out business and non business activities in
a society. It is not in doubt that section 18 (2) of the Companies and Allied Matters Act 2020 (CAMA
2020) provided for the novel practice of One Person Company (OPC) in Nigeria. Essentially, this paper
which adopted the doctrinal research methodology interrogated the history of companies in Nigeria;
merits/demerits of OPC in the economic sphere of a society; provision of OPC under the CAMA 2020
and the lessons derivable from the practice and procedure of OPC in the jurisdictions of Singapore and
India with the aim of rejigging the practice and procedure of OPC in Nigeria. It was observed by this
paper that the CAMA 2020 which provides the current legal framework for the practice of OPC in
Nigeria merely provided for OPC but never contemplated the possible continuity of OPCs upon the
death of the subscriber. Thus, therecommendations of this paper included that the provisions of the
CAMA 2020 should be amended to provide for a nominee who shall in the event of the subscriber‘s
death or his incapacity to contract become the member of the company and interventions should be
provided in circumstances of withdrawal of consent, death and incapacity of the contracted nominee to
an OPC in Nigeria as practiced in India and Singapore.