Onyekachi Duru

Two wrongs cannot make a right; there is hardly any justification for the continual use of capital punishment (death) as a form of punishment in Nigeria. This paper will canvass that, even though death penalty is a constitutionally permissible form of punishment in Nigeria, but it goes against the recent positive and developmental strides in the areas of civilization, criminology and human right. The paper leans in favor of the abolitionist perspective by arguing that life imprisonment is as effective as the death penalty as a means of deterrence.

It is hardly groundbreaking to suggest that the international legal order is enduring the corrosion of one of its most fundamental pillars: the prohibition on the use of force. The purpose of this study is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states. This study is significant because it is believe that, in the light of current challenges, it is of importance to world order that there be clarity and understanding about the relevance and application of international law to the use of force by states.

The relationship between international law and municipal law has traditionally been characterized from a monist or dualist perspective. While this characterization remains contested, the approach a country adopts has a great significance for the effectiveness and application of international law within the domestic legal system. This paper discusses the relationship between international law and municipal law with illustrations from six African countries; three of which are monists and three of which are dualists. In so doing, attempt has been made to support each position with relevant judicial authorities from the countries examined. Lastly, the paper suggests that the increasing use and relevance of international law in national legal systems in Africa reveal a great deal about how open African countries are becoming to the influence of international law.

This paper examines the pro and contra arguments regarding the effect of the Nigerian Land Use Act on land. The paper argues that the terms ‘nationalization’, ‘expropriation’ and ‘confiscation’ inappropriately describes the effect of the Land Use Act on land in Nigeria. What is certain is that the Act only transfers the allodial title from the former allodial owners to the governor, leaving intact all lesser rights. However, the governor does not hold the land beneficially, but holds it in trust for the benefit of all Nigerians.

This paper analyses the applicability of the principle of Res Ipsa Loquitur in negligent actions. To this end, the objective of this paper shall be to highlight the essentials and effects of the application of the principle in case involving negligent actions. In the final analysis, the paper submits that the doctrine has assisted the courts in ensuring that persons who suffer harm or damage as a result of the careless conduct of others are protected are duly compensated.

Human trafficking is one of the social ills plaguing the corporate peaceful existence and well being of Akwa Ibom State. This paper intends to review theoretically the circumstances and causes of such incidents and how they are dealt with in Akwa Ibom State. The relationship between human trafficking and welfare of young persons will be highlighted and discussed. The social implications and consequences of trafficking in persons on the victim, victim’s family, the community and state will also be discussed, along with the measures which should be taken by the stake-holders as safe-guard against future occurrence.

In this paper, the general features of the 'classical elitist thesis' will be outlined, to be followed by a closer examination of the individual versions of this thesis put forward by its principal protagonists. Thereafter, we will examine the concept of liberal democracy. The latter discourse will be undertaken with a view to showcasing the relationship between the elite theory of politics and the concept and principles of liberal democracy. In other words, the question is whether the existence of elites is compatible with the existence of democracy.

This paper examines the nature of dual citizenship in Nigeria, with a view to establishing whether the current constitutional provisions relating thereto are justified. In so doing, the paper probes the legal principles and rationale for the dual-citizenship provision of successive Nigerian constitutions. The position in Nigeria has been compared and contrasted with that in some selected compatible jurisdictions around the world.

This academic paper elaborately discusses the nature of class rights in Nigerian’s company law. This is justified because most present and prospective shareholders of companies do not know what their rights and status in such companies are or what the incidents of ‘shares’ are. There is also the need for members to check management excesses resulting from directorial oligarchy. The paper probes the legal principles regulating the application of class rights in Nigeria and concludes that a class right can be a valuable element in the protection of minority shareholders or any other special interests.

This essay has provided some theoretical adumbration on corporate governance, corporate governance codes and independence of company board of directors. Findings from the authorities consulted reveal that the current Nigerian corporate governance code has increased the independence of the board of directors of companies operating in Nigeria.

There have been cases of environmental degradation, environmental pollution and many other environmental hazards that are either natural or man-made. Responding to the challenges of natural and industrial catastrophes which is the key focus of this paper is in accord with a world wide agenda being put in place to reduce the harmful effects of natural and natural disasters. The environment is the focal point in the drive for development in various international sectors and institutions, stressing that there would be a world no development without the environment. The protection of the environment is sequel to the awareness of man to control it. This paper not only traces the genesis of international concern for the environment from Stockholm to Rio de Janeiro Conference, but also highlights the various manifestations of natural and industrial disasters in industrialized and developing countries and concludes that international concern for the environment has been reactive rather than proactive. Accordingly, the paper recommends, inter alia, that an International Compensation Fund for Victims of Natural and Industrial Catastrophes (ICFVNIC) together with an International Disaster Prevention and Management Institute (IDPMI) be established with a view to providing rapid response to industrial and natural catastrophes.

The purpose of this paper is to present a theoretical overview of the role and historical evolution of the Nigerian judiciary. In so doing, the paper will highlight the meaning and importance of the judiciary in Nigeria. The relevance and responsibilities of the judiciary in Nigeria will also be outlined. In conclusion, the paper calls on the judicial institution not to relent on its “watchman” role in the polity.

This paper is intended to provide a perspective on questions related to the independence of the judiciary in present-day Nigeria. The paper not only provides an analysis of the question of judicial independence in current day Nigeria; but also gives a brief explanation of judicial independence. Focusing on the issue of judicial independence in Nigeria, the paper discusses the constitutional provisions, as well as other matters related to this topic, including the overall attitude of government towards judicial independence. The paper also discusses the process of judicial appointments, discipline and security of tenure and the functioning of National Judicial Commission (NJC), examining questions about whether the government uses the National Judicial Commission to create a judiciary that complies with and is aligned with governmental policies.

Contemporarily, efforts to tackle Human Rights abuses which are prevalent in the African region, especially in Nigeria received a boost recently with the introduction of the new Fundamental Rights (Enforcement Procedure) Rules, 2009. Indeed, the current procedural rule for the commencement of an action for the enforcement of fundamental human rights is guided by the Fundamental Rights (Enforcement Procedure) Rules 2009 made pursuant to Section 46(3) of the 1999 Constitution of the Federal Republic of Nigeria by the Chief Justice of the Federation. The current fundamental rights enforcement procedure rules, which were signed on 11th November, 2009 by a past Chief Justice of Nigeria, (CJN) Justice Idris Legbo Kutigi, came into force with immediate effect. This brief work is an overview of the provisions of the 2009 Rules.

Shares are important items in any company having a share capital. What constitutes the shares of a company has assumed varying legal meanings overtime. Not only that, the exact meaning of the term ‘shares’ and the nature of the interest created by the ownership of ‘shares’ in a company has remained elusive and controversial. This essay is a highlight of the diverse views that have been offered in an attempt to define ‘shares.’ The paper concludes, based on the judicial, juristic and statutory authorities reviewed, that the exact juridical nature of a share and the interest created by same will continue to be controversial.

Capital punishment is a well known, controversial and universal concept. Among all the issues that criminal punishment raises, none has been the subject of greater public controversy as death penalty. This paper has shown that death penalty is a constitutionally permissible form of punishment in Nigeria. The paper leans in favour of the abolitionist perspective by arguing that life imprisonment is as effective as the death penalty as a means of deterrence. For an effective analysis, this paper is divided into seven distinct but related subheadings, viz.: Introduction, Conceptual Clarifications, Historical Development of the Death Penalty in Nigeria, Modes of Executing Capital Punishment, Cruelty of Death Penalty, Constitutionality of Death Penalty and Conclusion.

This essay examines the enforceability of the Fundamental Objectives and Directive Principles of State Policy provided for in Chapter II of the 1999 Constitution, with a view to determining the extent of its justiciability. The paper argues that the provisions of Chapter II of the 1999 Constitution are enforceable under certain well defined parameters. These circumstances have been outlined and explicated.

It is hardly groundbreaking to suggest that the international legal order is enduring the corrosion of one of its most fundamental pillars: the prohibition on the use of force. The purpose of this study is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states. This study is significant because it is believe that, in the light of current challenges, it is of importance to world order that there be clarity and understanding about the relevance and application of international law to the use of force by states.

The Millennium Development Goals (MDGs) were heralded as opening a new chapter in international development, and have led to the use of global goals and target-setting as a central instrument defining the international development agenda. The declaration of Millennium Development Goals is one of the strategies to overcome the world’s health challenges through global partnership for development in the entire world and in particular, the developing countries which Africa region cannot be exempted. Government at different countries has introduced various policies to achieve health related Millennium Development Goals in their respective countries. This paper focuses on the possibility or otherwise of achieving the health Millennium Development Goals by 2015.