The UNIZIK Law Journal is a peer reviewed journal published by the Faculty of Law, Nnamdi Azikiwe University, Awka. The journal which is peer reviewed calls for papers for the next volume. Contributors are free to address any area of law, preferably, issues of contemporary value. All articles should be typed using one-and half line spacing. One hard copy is required for assessment alongside an electronic copy sent through our email address: unzikjoournal2011@yahoo.com
Faculty of Law Nnamdi Azikiwe University, Awka, Anambra State
THE EFFICACY OF ONE PERSON COMPANY UNDER THE COMPANIES AND ALLIED MATTERS ACT 2020: LESSONS FROM SINGAPORE AND INDIA
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.
AN APPRAISAL OF THE OFFENCE OF RAPE UNDER NIGERIAN LAWS
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 RIGHTS LAW AND PRACTICE IN NIGERIA: A LESSON FROM SOUTH AFRICA
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.
LEGAL FRAMEWORK FOR COPYRIGHT MANAGEMENT IN NIGERIA: A REVIEW OF THE FUNCTIONS OF COLLECTIVE MANAGEMENT ORGANISATIONS
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.
INTERROGATING THE ENFORCEMENT OF CREDIT SECURITY RIGHTS IN NIGERIA, GHANA AND KENYA
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.
EVALUATION OF THE IMPACTS OF COVID-19 PANDEMIC ON CUSTOMS CLEARANCE PROCEDURE IN NIGERIA
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.
ENVIRONMENTAL PROTECTION AND THE IMPERATIVE OF DOMESTICATING INTERNATIONAL TREATIES IN NIGERIA
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.
DOCTRINE OF EXCLUSION AND LIMITATIONCLAUSES IN AN AGREEMENT: APPROACHFROM THE CONTRACT OF CARRIAGE BY AIR
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/Forced Marriage and Human Rights of Women in Nigeria: A Legal Anatomy
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.
An Appraisal of the legal and Policy Framework in Combating Climate Change in Nigeria: What is the Way Forward
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.
THE ROLE OF LAW IN THE SEXUALISATION OF POLITICS IN NIGERIA
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.
FISCAL IMPLICATIONS OF THE SUPREME COURT DECISION IN A G RIVERS STATE & ORS V A G FEDERATION SC964 2016 ON PRODUCTION SHARING CONTRACTS IN THE NIGERIAN PETROLEUM INDUSTRY
Production Sharing Contract (PSC) is a distinct petroleum arrangement that has been adopted by many developing countries in the exploration and production of their petroleum resources as it guarantees the sovereign right of the state over these resources and meets their economic desires by providing capital and technology for their production. In this arrangement, the Government assumes minimal or no risk at all in the production of its petroleum resources. PSC was considered fitting as it would not bring about any financial burden on the government as opposed to the joint venture (JV) arrangement where there were challenges of meeting cash call obligation. This article examined the concept and general basic features of PSC. It went further to look at how the extant Supreme Court decision affects the PSC arrangements in the Nigeria petroleum Industry. The research adopted doctrinal methodology using expository and analytical approaches to examine the primary and secondary data collection. The researcher observed that the decision will greatly affect the Petroleum Industry positively if the judgment is executed; as it gives great advantage to Nigeria. This article also identified the shortcomings in the judgment and made important recommendations, such as the non-joinder of the Production Sharing Contractors in Nigeria to the Suit as well as other interested State parties.
PRACTICAL ISSUES BORDERING ON THE DELOCALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION AND THE ATTITUDE OF LOCAL COURTS TOWARDS DELOCALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION
The delocalization of international commercial arbitration is an issue that has sparked series of debates for over 3 decades. The basic proposition of the theory is that international commercial arbitration should not be limited by the procedural laws of the state. This line of reasoning has provoked acceptance by the advocates of delocalization on the one hand, and criticism on the other hand, by traditionalist. The local courts in different jurisdictions have tilted more in favour of the law of the Seat of arbitration. This is a result of various factors influencing the court, such as the perceived need to protect the national laws. But if international commercial arbitration results from contractual relationships, parties should be free to decide on the determining laws to the extent of public policy. This is called party autonomy. Party autonomy is a foundational principle of the delocalization theory. It presupposes that since parties are the live-wire of international commercial arbitration, they are at liberty to determine how their dispute is to be resolved provided no legal or public policy issues of the seat of arbitration or place of enforcement of the arbitral award are breached. Critics of the delocalization of international commercial arbitration maintain that the laws of the Seat of arbitration are important to serve as a standard to maintain fairness and equity. However beautiful the arguments of the both schools have been, we have attempted to show that international commercial arbitration will run at its best with the understanding that delocalization of the process is not an end to the law of the Seat of arbitration, but that there should be a peaceful coexistence between the concept of delocalization and the seat theory. The research work adopted doctrinal method using descriptive, analytical and comparative approaches in the analysis of materials relevant to the research work that is perusal of judicial decisions, journals, articles and legal texts by renowned authors. In this work, the author observes that the courts incline more to protecting the local laws, thereby jettisoning delocalization. This should not be the case as in reality; the concept of delocalization is not an alternative to the seat theory. Rather, both concepts should run hand-in-hand to ensure justice in international commercial arbitration.
IN SEARCH OF JUSTICE THROUGH THE FUNDAMENTAL OBJECTIVES IN THE NIGERIA CONSTITUTION
Justice and fairness ought to be the foundation of every civilized society. Sometimes laws are made with good intentions but without properly evaluating the effects of such laws or may have been deliberately ignored due to certain concealed interests. The fundamental objectives and directive principles of state policy included in chapter two of 1999 Constitution of Nigeria is laudable which if the state and or policy makers align with in policy making the results would be tremendous. In the midst of these laudable objectives are provisions which appear discriminatory and has become an abattoir for injustice against certain of her citizens. Can these citizens ever find justice in the face of these constitutional provisions, moreso when the court is precluded from scrutinizing whether any act or omission or even judicial decision is in conformity with it? Could there be need to amend the constitution in the face of these institutionalized discrimination? Some of these objectives in juxtaposition with justice for the citizens are examined. In gathering and analyzing information doctrinal approach is employed in this work. Statutes, case laws textbooks, articles, treaties and conventions were analyzed. The paper found that discrimination is somewhat institutionalized due to these provisions of chapter two of the constitution and that some of the continued agitations from all quarters of the country is not unconnected with it. The paper further recommends amendment of the constitution relating to the institutionalized discrimination found within the provisions of the fundamental objectives and directive principles of state policy contained in the constitution to provide a level ground for all citizens.
THE LEGALITY OF FIRM ENDORSED LEGAL PROCESSES AND THE AUTHORITY OF LEGAL PRACTITIONERS IN NIGERIA
There is no gainsaying the fact that legal processes or documents (otherwise called pleadings) to be used in litigation must be signed by the makers of such processes. This is to authenticate it to the effect that it reflects the mark of the person who prepared it. There has recently emerged a rich legal jurisprudence on the issue of a firm endorsing legal processes and the legal implications or effects of such endorsements on the entire action or judicial proceedings. The extant view of the apex court, which lower courts in Nigeria, have followed since Okafor v. Nweke was decided in 2007, has remained that such a process where it originates or commences a suit or an appeal, renders the suit or appeal incompetent, null and void. This article queries this apparently settled legal position and the researchers feel strongly that a timeous amendment should cure any apparent defect in such a process. Our various High Court Civil Procedure Rules again contain sweeping corrective provisions and our Judges’ Blue Pencil Rule can come to the rescue in such situations. What not? We dedicate the following pages to trying to make you see reasons why it should be so. The law should change on this issue as lawyers are not above honest and genuine mistakes. After all, they are not infallible. Where this happens, should the inadvertence or mistake of counsel in such situations, be heavily visited on the litigant(s) when the contrary should be the rule? This paper recommends in the main that the Supreme Court of Nigeria should please seize the next opportunity that comes its way to override/overrule the legal position which started in 2007 in Okafor v. Nweke and enthrone a more liberal and progressive approach in ruling on legal processes signed or endorsed by a legal firm to such extent that there will be room for regularization of legal documents and/or processes so signed or endorsed.
QUEST FOR CREDIBLE ELECTIONS IN NIGERIA A CRITICAL EXAMINATION OF THE ROLE OF THE JUDICIARY
Most elections into political offices in Nigeria hardly end without litigation resulting in one pronouncements or the other on their validity by the courts or tribunals. The elections are usually characterized by lawlessness, violence and other acts that bring their credibility into question. This is prevalent in the present fourth republic. Here the judiciary has an onerous duty to discharge in deciding who were lawfully nominated or elected in the process. This duty is expected to be discharged with utmost uprightness, integrity and courage and for public interest. Granted that the judiciary has shown some level of valiance in the discharge of its duties, it has also been shown that in recent times, it has created some doubts and disappointments in the minds of some observers by the decisions and pronouncements of the Courts. Some observers have described these decisions and pronouncements as illogical, conflicting or contradicting, thereby eroding the trust and confidence the public had in it before now. This article is therefore targeted at critically examining the role of the judiciary in promoting credible elections in Nigeria and how congruous and spurring its decisions on election matters have been. We shall make some suggestions and recommendations that would to a greater extent, enhance the performance of the judiciary in election matters and thereby encourage credible elections in Nigeria.
LEGAL DESIGN AND IMPLEMENTATION OF CYBER CRIME MONITORING SYSTEM IN NIGERIA
The paper examines the plans made to show the appearance or workings of cybercrime monitoring system under the Nigerian laws; to ascertaining the effective strategies for reducing cybercrimes among the youths and the society at large. The study is aimed at designing and implementing cybercrime monitoring system in Nigeria, the specific objective are to identify the factors responsible for cybercrime among the youths and the society find out the consequences of cybercrime in the Nigerian economy and to find how the economy is affected by high rate of cybercrime in Nigeria among others. The researcher adopted the doctrinal method in obtaining information. This entailed the collection of relevant materials on the topic and carrying out critical analysis and description of the data. Reliance was placed on both primary and secondary sources of obtaining data such as constitution, case law, law books, law journals, laws report, conference papers, treaties and conventions, etcetera. The study found Nigeria to be among top countries where cybercrime records are high. Another finding of this work is that internet technology in Nigeria has led to the modernization of fraud among the youth. Cyber fraud seems to have become accepted as a means of living for the Nigerian youth. We made necessary recommendation after our conclusion in urging the government to develop political will by making available technical facilities to Law Enforcement Agencies towards proper prosecution of Cybercriminals so that the country will be comfortable to the citizens, create awareness against cybercrimes and make the crime a strict liability offence.
IMPOSITION OF 6 PERCENT STAMP DUTIES RATE ON TENANCY AGREEMENT – A NEGATIVE RESPONSE TO THE EFFECT OF COVID-19 PANDEMIC IN NIGERIA
The sudden surge of the COVID-19 pandemic in the world brought a lot of hardship and harm to individuals, corporate bodies and government. The challenges posed by the pandemic are visible from health to economy, business and commercial sectors. It is not an overstatement that it caused a lot of crisis and led to the death of many people around the globe. The effects led to the reduction or even halt in the economic activities of many countries which Nigeria is not an exception. The impacts of the pandemic on the economy of nations have adverse implications on the tax revenue of these countries. It is worrisome however that while nations battle on how to revamp their economies and assist or cushion the effects of the pandemic on their citizenry, the reverse is the case in Nigeria. In Nigeria, the Federal Inland Revenue Service (FIRS) rather than make policies towards the reduction of tax rates or outright waiver of taxes to be paid by tax payers in order to mitigate the effects of the pandemic increased the pain and hardship on individuals involved in tenancy. Doctrinal method of data collection was adopted and analytical approach used in examining research materials like Stamp Duties Act, judicial decisions, textbooks, journal articles, internet sources and so on. The paper discovered that FIRS rather than maintain status quo in the face of the deadly effects of the pandemic on taxpayers increased their woes. It is also unfortunate that this unilateral action in increasing the rate astronomically is illegal as it is not backed by any law and amounts to usurpation of the powers of the National Assembly. It is expected that stakeholders in tax matters will challenge this illegality as same is ultra vires.
CONTRIBUTIONS OF THE NIGERIAN CUSTOMS TO THE FIGHTAGAINST PIRACY IN NIGERIA
For over twenty five years now, Nigeria has been grappling with the upsurge in the importation of pirated copies of copyrighted works into Nigeria. This development is fuelled by the scarcity and high cost of the original of works pirated, as well as the high patronage enjoyed by pirated works due to their the low cost. This is done in contravention of copyright laws and related legal instruments. The pandemic called ‘piracy’ is a cankerworm that has eaten deep into the fabric of Nigeria. The continued importation of pirated materials into Nigeria will obviously throw both creators and those working in the creative and entertainment industry out of job. Besides, piracy has been constituting setback to the diversification policy of Federal Government of Nigeria and if nothing serious is done to eliminate piracy, it has the potentials of totaling annihilating creativity at the long run. Sadly, the activities of pirates have relegated the efforts of the Department of Customs and Excise which has proven to be the best copyright enforcement mechanism in the fight piracy along the territorial borders of Nigeria. This is as a result of the numerous challenges facing the Customs that have crippled this agency in the fight against copyright piracy. Adopting doctrinal research method, as well as analytical and comparative approaches, this research work thoroughly examined the provisions of the Nigerian Copyright Act, the Custom and Excise Management Act, the Constitution of Nigeria and the TRIPS Agreement with the sole aim of discovering those challenges bedeviling the Customs in the fight against piracy in Nigeria. It was found out that piracy thrives in Nigeria as a result of corruption bedeviling the Nigerian Customs; the operation of the obsolete Copyright Legislations which failed to comply with the provisions of International Copyright Agreements/laws; as well as other factors peculiar to the Nigerian system. A good number of recommendations were made on the ways to combat piracy, which includes the amendment of the obsolete Copyright Act of Nigeria and the Custom and Excise Management Act to be in tandem with the Agreement on Trade-Related Aspects of Intellectual Property Rights, the elimination of corruption from the Department of Customs and Excise, training and retraining of the staff of Department of Customs and Excise and others..
DOES SALOMON VS SALOMON STILL REIGN A DISQUISITION ON RECENT CASE LAW ON CORPORATE LEGAL PERSONALITY AND LIFTING THE VEIL
The principle established in the UK House of Lords` case of Salomon v Salomon (1897) AC 22 is universally known as the concept of Corporate Legal Personality. The implications of the concept include that the liability of members of a company is limited to the amount of their unpaid shares. While the principle is placed on a broad foundation, useful and convenient, it ought to, like many other rules, be received with some qualifications, especially in view of the fact that it has sometimes been relied upon to defraud creditors, to evade existing obligations, to circumvent statutes, or to protect knavery or crime. Occasional piercing of the veil of incorporation is thus considered both desirable and necessary with a view to ensuring that the concept is not used successfully for such negative ends. This paper discusses the concept of Corporate Legal Personality, its implications and continued usefulness in the light of the negative ends to which it is sometimes deployed. Doctrinal method was adopted and analytical approach used in examining the sources of data collection. The writers’ suggestion that the concept remains indispensable for the overall preservation of the sanctity of the corporate world is followed by a dispassionate discussion of current case law on Corporate Legal Personality and Lifting of Corporate Veil. Then follow a brief analysis of the circumstances that may justify lifting of the veil, and the writers’ conclusion and recommendations..
ROLE OF FORENSIC PSYCHOLOGIST IN JUVENILE JUSTICE ADMINISTRATION
This study advocates for integration of forensic psychologist in Nigerian Juvenile Justice Administration (JJA). This is germane because of its role in the system particularly in bringing justice to child’s matters. The Child’s Right Act, merely mentioned personnel with knowledge of psychology without considering the importance of integrating forensic psychologist in the system. This omission is a serious lacuna in the Childs Right Act, and must be corrected for effective juvenile justice administration in Nigeria. At court level, the forensic psychologist understands the language of the courts and the child, hence he has the expertise to translate psychological information into a legal framework and make recommendations to the court on the best treatment of the child. Apart from the court, the role of forensic psychologist is very crucial in police system because he has the ability to train and evaluate the police and other enforcement agencies on the administration of juvenile justice system. The methodology used is analytically, comparative and thematic in scope for instance other jurisdictions like United States of America, United Kingdom and South Africa were compared with Nigeria. The study discovered that Nigerian Juvenile Justice Administrative system comes short of global standard. Further, the study recommends that there should be total overhauling of Nigerian juvenile justice administration and review of our legislation particularly the Child’s Rights Act. Again, the 1999 Constitution needs to be amended to reflect provisions that protect children at every stage of the process within the Juvenile Justice Administration. In addition, it is the recommendation of this study that forensic psychologist be employed in juvenile courts, police institutions and custodial institutions for effective administration of juvenile justice.
COMBATING CLIMATE CHANGE FORSUSTAINABLE FOOD SECURITY IN NIGERIA INTERSECTING SCIENCE WITH THE LAW
Climate change has threatened the world’s environment, rendering human life vulnerable across all regions of the globe. The trend is not different in Nigeria, where drought, heavy flood, desertification, recession of the Lake Chad and other water sources, etc, have all combined to threaten sustainable food security. Climate change is a global issue currently. Environmental engineers and space scientists insist that climate change is persistent. Its impacts are not limited to agricultural production and prices, trade and food sufficiency but extend also to environmental conditions like water resources, land use and coastal infrastructure, among others. Addressing climate change concern to promote sustainable food security and the overall environmental sanity requires the law as an instrument of social engineering to intersect with science to guarantee tangible progress on implementation of mitigation and adaptation strategies in the environment and agricultural sector in particular. This paper is imperative in this era when states are facing food shortages and famine due to draught, flood and allied adverse weather conditions occasioned by climate change. Doctrinal research method was adopted to explore the role of the law in combating climate change for sustainable food security in Nigeria relying on information from primary, secondary and interdisciplinary sources. It was found, inter alia, that science needs to intersect with the law for improvement of agricultural infrastructure, adaptation and mitigation strategies for rapid responses and innovations in agriculture. We recommended, inter alia, agricultural research funding and development of new agro-technologies, ecological agriculture, mechanization of agriculture and engaging more youth in agriculture; establishment of legal and institutional framework necessary for effective implementation of adaptation and mitigation strategies to address the impacts of climate change in Nigeria.