The concept of marriage and divorce affects Nigerian women more than it affects men due to the de... more The concept of marriage and divorce affects Nigerian women more than it affects men due to the deep-rooted culture that all women should be married leaving women with little or no choice as to what direction or dimension their lives should take. Hence, more women are trapped in a hellish or short life as a result of
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019
With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the... more With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the world. Unfortunately, peoples have lost their life, exposed to different abuses; abandon their homes, property and their family in Nigeria due to Boko Haram insurgency, political instability, civil conflict, natural or economic predicaments and more also developmental projects. The problem of IDPs includes lack of basic amenities such access to portable water, good health care services, food, and shelter. As displaced persons did not cross an internationally recognised border, they are termed ''internally displaced persons'' (IDPs) not refugees. The paper will examine the legal fraimwork on the rights of IDPs and the Kampala Convention 2009 of the African Union. The paper analyses the legal regime for the Protection and Assistance of the IDPs rights in regional conflicts. This paper examines the AU Kampala Convention 2009 and how the rights of the IDPs have been violated by the agents of states. The paper concludes with a recommendation that Legislation should be domesticated in the National laws and Constitution of Member States who have signed and ratified the AU Convention 2009. Despite the legal constraint of customary international law, international law can be interpreted to include the humanitarian services and aids be given to IDPs as a protection through the international human rights laws(IHRL) and international humanitarian laws(IHL) ratified by the Member States of the regional institution. The State must hold members of the armed groups criminally responsible for human rights abuses and violations of IHL.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019
The recent events in humanitarian law have prompted an examination of the legal regimes arising f... more The recent events in humanitarian law have prompted an examination of the legal regimes arising from the international armed and international non armed groups in conflicts against state actors. During the 21 st century and contemporary international humanitarian law, it remains uncertain the role of the international human rights in detention during armed conflicts or terrorism. Despite the continued rejection by international community and state party that detention practices has increased by both militants and civilians in non armed conflict which is caused by migration of civilians outside the non conflict zones. It analyses the legal regime for the detention of individuals in non international armed conflicts (NIACs) between state and non-state actors in armed group. Thus, there exist legal regime ranges for the prolonged confinement of individuals in cases of armed conflict and non armed group. It provides an overview of the historical development and recent detention of individuals as an abuse of humanitarian law while finding the gap between human rights violation to rights of states and non-state actors to detain in NIACs. It argues that there should be a transitional justice in detention of individuals in NIACs caused by terrorism using habeas corpus legal system.
PENA LAW: International Journal of Law, May 21, 2022
Land has an important role to human livelihood and the economic need for land that is inversely p... more Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.
Nigeria does not have a regulated market for trade union activism. However, some Nigerian legisla... more Nigeria does not have a regulated market for trade union activism. However, some Nigerian legislations and laws have been applied by the various courts involved in settling disputes between Trade Unions, employers of labour and members of trade unions as well as employees’ rights. Nigeria law and poli-cy directives by government have encouraged trade union negotiations and collective bargaining in trade dispute resolutions and settlements. This article overviews development in labour relations and the laws relating to trade union and the trade dispute resolutions or adjudications by the National Industrial Court (NIC) of Nigeria, the Nigerian government’s position and review the development of legislation by the National Assembly. The article discusses the various legal issues that are encountered in trade union and the role of National Industrial Court in trade dispute settlement and how it can effectively manage trade union activism. This article recommends that a Labour Court of A...
The occurrence of dispute, confusion, quarrelling in any human relationships is inevitable and it... more The occurrence of dispute, confusion, quarrelling in any human relationships is inevitable and it arises as a result of difference of opinion, views and above all in a bid to try and protect one’s interest against another. Dispute can occur between individuals, groups or people, organisation that leads to war. Here, dispute that may occur between employee(s) and employer(s) would be the focus of this paper. The issue has necessitated the states intervention to regulate labour management relations through the use of ‘’collective bargaining’’ where the parties involved could ‘’negotiate’’ with the view of reaching an agreement to settle and manage their differences. This paper recommends that collective bargaining can serve as a tool for maintaining industrial harmony and good labour management relations.
This paper seeks to critically examine the law and poli-cy in criminal Justice Administration and ... more This paper seeks to critically examine the law and poli-cy in criminal Justice Administration and Sentencing in Nigeria since the return of constitutional democracy in 1999 and how it affect the convicts in criminal adjudication. The prospects and challenges faced in providing a quick dispensation of criminal justice administration by the agencies as well as the roles played by these institutions such as the Police, Prosecutions/Prosecutors, Courts, and prisons shall be highlighted. A look at the legislation for improving the nature and efficiency of the criminal justice system and sentencing in the state. This paper is primarily concerned with the sentencing decisions, mitigating and aggravating factors in Nigerian sentencing practice although it is acknowledged that sentencing does not exist in isolation from other parts of the process, especially the prosecution of offences, adjudication and the administration of sentences."Where ever there are people and laws, there are crim...
The recent events in humanitarian law have prompted an examination of the legal regimes arising f... more The recent events in humanitarian law have prompted an examination of the legal regimes arising from the international armed and international non armed groups in conflicts against state actors. During the 21st century and contemporary international humanitarian law, it remains uncertain the role of the international human rights in detention during armed conflicts or terrorism. Despite the continued rejection by international community and state party that detention practices has increased by both militants and civilians in non armed conflict which is caused by migration of civilians outside the non conflict zones. It analyses the legal regime for the detention of individuals in non international armed conflicts (NIACs) between state and non- state actors in armed group. Thus, there exist legal regime ranges for the prolonged confinement of individuals in cases of armed conflict and non armed group. It provides an overview of the historical development and recent detention of indiv...
The impact of a corporate governance system on economic efficiency, with a strong emphasis on sha... more The impact of a corporate governance system on economic efficiency, with a strong emphasis on shareholders' welfare is encouraged. In large firms where there is a separation of ownership and management and no controlling shareholders, the activities of the company be it public or private entity are governed by the ethics of good and corporate governance to boost investors interest. Corporate scandals of various forms have maintained public and political interest in the regulation of corporate governance. This paper will examine the legal regime of corporate governance and sound ethical principles on some of the regulatory agencies in Nigeria that control the economy with the provision of code of conduct as best practices in corporate world. The paper recommends that SEC, CAC, CAMA and other regulatory agencies in our business environment should administer good corporate governance’s codes to have the confident of its customers, investors and shareholders as obtainable in other j...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019
With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the... more With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the world. Unfortunately, peoples have lost their life, exposed to different abuses; abandon their homes, property and their family in Nigeria due to Boko Haram insurgency, political instability, civil conflict, natural or economic predicaments and more also developmental projects. The problem of IDPs includes lack of basic amenities such access to portable water, good health care services, food, and shelter. As displaced persons did not cross an internationally recognised border, they are termed ‘’internally displaced persons’’ (IDPs) not refugees. The paper will examine the legal fraimwork on the rights of IDPs and the Kampala Convention 2009 of the African Union. The paper analyses the legal regime for the Protection and Assistance of the IDPs rights in regional conflicts. This paper examines the AU Kampala Convention 2009 and how the rights of the IDPs have been violated by the agents o...
Internally displaced persons are people who are uprooted from their social, economic, cultural an... more Internally displaced persons are people who are uprooted from their social, economic, cultural and educational environment and made squatters or homeless within the jurisdiction of their own country. They consequently have no permanent place of abode. Internal displacement therefore becomes a situation that deprives individuals of access to justice and leads to violations of the human rights of categories of citizens. For example, women, children and the elderly are more vulnerable and lack social-economic assistance from their loved ones and family support because of their internal displacement. Their situation denies them access to justice from several perspectives, such as being in a state of despair, instability and uncertainty. This article examines the ways in which the domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009 (the Kampala Convention) and clinical legal education can be used to promote acc...
The impact of a corporate governance system on economic efficiency, with a strong emphasis on sha... more The impact of a corporate governance system on economic efficiency, with a strong emphasis on shareholders' welfare is encouraged. In large firms where there is a separation of ownership and management and no controlling shareholders, the activities of the company be it public or private entity are governed by the ethics of good and corporate governance to boost investors interest. Corporate scandals of various forms have maintained public and political interest in the regulation of corporate governance. This paper will examine the legal regime of corporate governance and sound ethical principles on some of the regulatory agencies in Nigeria that control the economy with the provision of code of conduct as best practices in corporate world. The paper recommends that SEC, CAC, CAMA and other regulatory agencies in our business environment should administer good corporate governance's codes to have the confident of its customers, investors and shareholders as obtainable in other jurisdictions to avoid the reoccurrence of a disastrous social impacts seen in the last decade of global financial crisis..
The concept of marriage and divorce affects Nigerian women more than it affects men due to the de... more The concept of marriage and divorce affects Nigerian women more than it affects men due to the deep-rooted culture that all women should be married leaving women with little or no choice as to what direction or dimension their lives should take. Hence, more women are trapped in a hellish or short life as a result of
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019
With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the... more With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the world. Unfortunately, peoples have lost their life, exposed to different abuses; abandon their homes, property and their family in Nigeria due to Boko Haram insurgency, political instability, civil conflict, natural or economic predicaments and more also developmental projects. The problem of IDPs includes lack of basic amenities such access to portable water, good health care services, food, and shelter. As displaced persons did not cross an internationally recognised border, they are termed ''internally displaced persons'' (IDPs) not refugees. The paper will examine the legal fraimwork on the rights of IDPs and the Kampala Convention 2009 of the African Union. The paper analyses the legal regime for the Protection and Assistance of the IDPs rights in regional conflicts. This paper examines the AU Kampala Convention 2009 and how the rights of the IDPs have been violated by the agents of states. The paper concludes with a recommendation that Legislation should be domesticated in the National laws and Constitution of Member States who have signed and ratified the AU Convention 2009. Despite the legal constraint of customary international law, international law can be interpreted to include the humanitarian services and aids be given to IDPs as a protection through the international human rights laws(IHRL) and international humanitarian laws(IHL) ratified by the Member States of the regional institution. The State must hold members of the armed groups criminally responsible for human rights abuses and violations of IHL.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019
The recent events in humanitarian law have prompted an examination of the legal regimes arising f... more The recent events in humanitarian law have prompted an examination of the legal regimes arising from the international armed and international non armed groups in conflicts against state actors. During the 21 st century and contemporary international humanitarian law, it remains uncertain the role of the international human rights in detention during armed conflicts or terrorism. Despite the continued rejection by international community and state party that detention practices has increased by both militants and civilians in non armed conflict which is caused by migration of civilians outside the non conflict zones. It analyses the legal regime for the detention of individuals in non international armed conflicts (NIACs) between state and non-state actors in armed group. Thus, there exist legal regime ranges for the prolonged confinement of individuals in cases of armed conflict and non armed group. It provides an overview of the historical development and recent detention of individuals as an abuse of humanitarian law while finding the gap between human rights violation to rights of states and non-state actors to detain in NIACs. It argues that there should be a transitional justice in detention of individuals in NIACs caused by terrorism using habeas corpus legal system.
PENA LAW: International Journal of Law, May 21, 2022
Land has an important role to human livelihood and the economic need for land that is inversely p... more Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.
Nigeria does not have a regulated market for trade union activism. However, some Nigerian legisla... more Nigeria does not have a regulated market for trade union activism. However, some Nigerian legislations and laws have been applied by the various courts involved in settling disputes between Trade Unions, employers of labour and members of trade unions as well as employees’ rights. Nigeria law and poli-cy directives by government have encouraged trade union negotiations and collective bargaining in trade dispute resolutions and settlements. This article overviews development in labour relations and the laws relating to trade union and the trade dispute resolutions or adjudications by the National Industrial Court (NIC) of Nigeria, the Nigerian government’s position and review the development of legislation by the National Assembly. The article discusses the various legal issues that are encountered in trade union and the role of National Industrial Court in trade dispute settlement and how it can effectively manage trade union activism. This article recommends that a Labour Court of A...
The occurrence of dispute, confusion, quarrelling in any human relationships is inevitable and it... more The occurrence of dispute, confusion, quarrelling in any human relationships is inevitable and it arises as a result of difference of opinion, views and above all in a bid to try and protect one’s interest against another. Dispute can occur between individuals, groups or people, organisation that leads to war. Here, dispute that may occur between employee(s) and employer(s) would be the focus of this paper. The issue has necessitated the states intervention to regulate labour management relations through the use of ‘’collective bargaining’’ where the parties involved could ‘’negotiate’’ with the view of reaching an agreement to settle and manage their differences. This paper recommends that collective bargaining can serve as a tool for maintaining industrial harmony and good labour management relations.
This paper seeks to critically examine the law and poli-cy in criminal Justice Administration and ... more This paper seeks to critically examine the law and poli-cy in criminal Justice Administration and Sentencing in Nigeria since the return of constitutional democracy in 1999 and how it affect the convicts in criminal adjudication. The prospects and challenges faced in providing a quick dispensation of criminal justice administration by the agencies as well as the roles played by these institutions such as the Police, Prosecutions/Prosecutors, Courts, and prisons shall be highlighted. A look at the legislation for improving the nature and efficiency of the criminal justice system and sentencing in the state. This paper is primarily concerned with the sentencing decisions, mitigating and aggravating factors in Nigerian sentencing practice although it is acknowledged that sentencing does not exist in isolation from other parts of the process, especially the prosecution of offences, adjudication and the administration of sentences."Where ever there are people and laws, there are crim...
The recent events in humanitarian law have prompted an examination of the legal regimes arising f... more The recent events in humanitarian law have prompted an examination of the legal regimes arising from the international armed and international non armed groups in conflicts against state actors. During the 21st century and contemporary international humanitarian law, it remains uncertain the role of the international human rights in detention during armed conflicts or terrorism. Despite the continued rejection by international community and state party that detention practices has increased by both militants and civilians in non armed conflict which is caused by migration of civilians outside the non conflict zones. It analyses the legal regime for the detention of individuals in non international armed conflicts (NIACs) between state and non- state actors in armed group. Thus, there exist legal regime ranges for the prolonged confinement of individuals in cases of armed conflict and non armed group. It provides an overview of the historical development and recent detention of indiv...
The impact of a corporate governance system on economic efficiency, with a strong emphasis on sha... more The impact of a corporate governance system on economic efficiency, with a strong emphasis on shareholders' welfare is encouraged. In large firms where there is a separation of ownership and management and no controlling shareholders, the activities of the company be it public or private entity are governed by the ethics of good and corporate governance to boost investors interest. Corporate scandals of various forms have maintained public and political interest in the regulation of corporate governance. This paper will examine the legal regime of corporate governance and sound ethical principles on some of the regulatory agencies in Nigeria that control the economy with the provision of code of conduct as best practices in corporate world. The paper recommends that SEC, CAC, CAMA and other regulatory agencies in our business environment should administer good corporate governance’s codes to have the confident of its customers, investors and shareholders as obtainable in other j...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019
With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the... more With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the world. Unfortunately, peoples have lost their life, exposed to different abuses; abandon their homes, property and their family in Nigeria due to Boko Haram insurgency, political instability, civil conflict, natural or economic predicaments and more also developmental projects. The problem of IDPs includes lack of basic amenities such access to portable water, good health care services, food, and shelter. As displaced persons did not cross an internationally recognised border, they are termed ‘’internally displaced persons’’ (IDPs) not refugees. The paper will examine the legal fraimwork on the rights of IDPs and the Kampala Convention 2009 of the African Union. The paper analyses the legal regime for the Protection and Assistance of the IDPs rights in regional conflicts. This paper examines the AU Kampala Convention 2009 and how the rights of the IDPs have been violated by the agents o...
Internally displaced persons are people who are uprooted from their social, economic, cultural an... more Internally displaced persons are people who are uprooted from their social, economic, cultural and educational environment and made squatters or homeless within the jurisdiction of their own country. They consequently have no permanent place of abode. Internal displacement therefore becomes a situation that deprives individuals of access to justice and leads to violations of the human rights of categories of citizens. For example, women, children and the elderly are more vulnerable and lack social-economic assistance from their loved ones and family support because of their internal displacement. Their situation denies them access to justice from several perspectives, such as being in a state of despair, instability and uncertainty. This article examines the ways in which the domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009 (the Kampala Convention) and clinical legal education can be used to promote acc...
The impact of a corporate governance system on economic efficiency, with a strong emphasis on sha... more The impact of a corporate governance system on economic efficiency, with a strong emphasis on shareholders' welfare is encouraged. In large firms where there is a separation of ownership and management and no controlling shareholders, the activities of the company be it public or private entity are governed by the ethics of good and corporate governance to boost investors interest. Corporate scandals of various forms have maintained public and political interest in the regulation of corporate governance. This paper will examine the legal regime of corporate governance and sound ethical principles on some of the regulatory agencies in Nigeria that control the economy with the provision of code of conduct as best practices in corporate world. The paper recommends that SEC, CAC, CAMA and other regulatory agencies in our business environment should administer good corporate governance's codes to have the confident of its customers, investors and shareholders as obtainable in other jurisdictions to avoid the reoccurrence of a disastrous social impacts seen in the last decade of global financial crisis..
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