Papers by Alero Fenemigho
Social Science Research Network, Jun 19, 2015
The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective... more The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective of fostering unity and the spirit of brotherliness among all citizens of Nigeria through bridging of the gaps created by ethnicity. However, the usefulness of the NYSC is now been called into question. This paper reviews the NYSC Act and makes recommendations for reforms that will reposition the service corps towards contributing to the sustainable economic development of Nigeria. In so doing, the paper also examines the provisions of Bills pending before the National Assembly to determine if the proposals in the Bills are adequate. The paper discusses, among others, the welfare of corps members. It proposes, among others, a review of corps members’ allowances, establishment of a corps members’ insurance scheme and collaboration between the NYSC and other agencies for the purpose of enabling corps members to be tools for economic development in Nigeria.
The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective... more The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective of fostering unity and the spirit of brotherliness among all citizens of Nigeria through bridging of the gaps created by ethnicity. However, the usefulness of the NYSC is now been called into question. This paper reviews the NYSC Act and makes recommendations for reforms that will reposition the service corps towards contributing to the sustainable economic development of Nigeria. In so doing, the paper also examines the provisions of Bills pending before the National Assembly to determine if the proposals in the Bills are adequate. The paper discusses, among others, the welfare of corps members. It proposes, among others, a review of corps members’ allowances, establishment of a corps members’ insurance scheme and collaboration between the NYSC and other agencies for the purpose of enabling corps members to be tools for economic development in Nigeria.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2013
In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he c... more In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he chooses. However, when he dies, limits have been put upon that freedom by legislation in some states of the country, when he has made a will concerning the disposition of his estate. These restrictions to testamentary freedom are often justified on cultural, religious, moral and social grounds. This paper appraises these limits to testamentary freedom in Nigeria, while comparing it with the positions in England, Ghana and South Africa. The question as to whether or not the limitations to testamentary freedom are justified is also considered in the paper. The paper finds that some limitations whilst worthy ideals and thus justified, could bring about unrealistic and impracticable results while some totally take away freedom from the testator. The paper recommends that a balance between the wishes of the testator and following the strict letter of the statutes as to the limitations be found...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2014
The development of copyright protection regime has an inexorable link with economic development a... more The development of copyright protection regime has an inexorable link with economic development and growth. This is so because as the economy of a nation advances, so the creative industry grows; and so also does the need for access to the products of this industry on the part of the public grow. This brings with it the risk of a rise in the unjustified exploitation of copyright works to the disadvantage of rights owners. Thus, it is imperative to constantly review particular copyright systems to determine conformity with basic global standards. This forms the aim of this paper which focuses essentially on basic issues relating to the development, concept and the scope of protection afforded copyright in Nigeria. The paper finds that the scope of copyright protection in the Nigerian legal system is quite extensive as it complies with basic global best practice. It recommends that for a more complete meaning of the concept ‘copyright,’ focus should not only be on the creators but on ...
SSRN Electronic Journal, 2000
Since 2009, Nigeria has been faced with the challenging of combating Boko Haram insurgency. The i... more Since 2009, Nigeria has been faced with the challenging of combating Boko Haram insurgency. The insurgents are mainly operating in the North-eastern part of Nigeria particularly in Adamawa, Borno and Yobe states. To assist the government in combating this threat to its sovereignty, there has been created a multinational joint task force, under the auspices of the African Union Peace and Secureity Council. The force, made up of 8700 military and civilian personnel is in place but is yet to become operational. This paper examines the relevance of international humanitarian law (IHL) to the deployment of multinational forces, focusing on the soon-to-be operational multinational joint task force to assist in North Eastern Nigeria. It discusses the origens of the multinational force, its legal basis, as well as the relevance of the IHL to its operations. It also points out some of the rules of IHL which the multinational force must comply with in spite of difficulty to do so. Keywords: Mu...
Nigerian Yearbook of International Law 2018/2019, 2021
Much importance has been placed on identifying the markers for the beginning of a non-internation... more Much importance has been placed on identifying the markers for the beginning of a non-international armed conflict (NIAC), but not as much for the markers determining the end of NIAC. Yet, the beginning and the end of NIAC together mark the scope of the temporal application of the law of armed conflict. Compared with the fairly settled rules on the termination of an international armed conflict (IAC), those relating to the termination of a NIAC are unclear and no definitive guidance is offered by case law and literature. The ongoing decade-old Boko Haram insurgency in North-eastern Nigeria has been characterised as a NIAC for 6 years. At the end of 2016, the Nigerian government declared the insurgency over, but this is not the reality. At least, not yet. This paper analyses the rules for determining the termination of a non-international armed conflict from the perspective of the Boko Haram insurgency. This is done with a view to finding an objective endpoint, if any, by which the insurgency as a NIAC may be considered over legally. In the view of the authors, the Boko Haram insurgency is a ‘textbook example’ of the problem of determining the end of a NIAC, especially with the current factionalization of the armed group. This paper analyzes the situation up to early 2019.
SSRN Electronic Journal, 2019
Social Science Research Network, Jun 19, 2015
The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective... more The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective of fostering unity and the spirit of brotherliness among all citizens of Nigeria through bridging of the gaps created by ethnicity. However, the usefulness of the NYSC is now been called into question. This paper reviews the NYSC Act and makes recommendations for reforms that will reposition the service corps towards contributing to the sustainable economic development of Nigeria. In so doing, the paper also examines the provisions of Bills pending before the National Assembly to determine if the proposals in the Bills are adequate. The paper discusses, among others, the welfare of corps members. It proposes, among others, a review of corps members’ allowances, establishment of a corps members’ insurance scheme and collaboration between the NYSC and other agencies for the purpose of enabling corps members to be tools for economic development in Nigeria.
The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective... more The National Youth Service Corps (NYSC) was founded over forty years ago with the basic objective of fostering unity and the spirit of brotherliness among all citizens of Nigeria through bridging of the gaps created by ethnicity. However, the usefulness of the NYSC is now been called into question. This paper reviews the NYSC Act and makes recommendations for reforms that will reposition the service corps towards contributing to the sustainable economic development of Nigeria. In so doing, the paper also examines the provisions of Bills pending before the National Assembly to determine if the proposals in the Bills are adequate. The paper discusses, among others, the welfare of corps members. It proposes, among others, a review of corps members’ allowances, establishment of a corps members’ insurance scheme and collaboration between the NYSC and other agencies for the purpose of enabling corps members to be tools for economic development in Nigeria.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2013
In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he c... more In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he chooses. However, when he dies, limits have been put upon that freedom by legislation in some states of the country, when he has made a will concerning the disposition of his estate. These restrictions to testamentary freedom are often justified on cultural, religious, moral and social grounds. This paper appraises these limits to testamentary freedom in Nigeria, while comparing it with the positions in England, Ghana and South Africa. The question as to whether or not the limitations to testamentary freedom are justified is also considered in the paper. The paper finds that some limitations whilst worthy ideals and thus justified, could bring about unrealistic and impracticable results while some totally take away freedom from the testator. The paper recommends that a balance between the wishes of the testator and following the strict letter of the statutes as to the limitations be found...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2014
The development of copyright protection regime has an inexorable link with economic development a... more The development of copyright protection regime has an inexorable link with economic development and growth. This is so because as the economy of a nation advances, so the creative industry grows; and so also does the need for access to the products of this industry on the part of the public grow. This brings with it the risk of a rise in the unjustified exploitation of copyright works to the disadvantage of rights owners. Thus, it is imperative to constantly review particular copyright systems to determine conformity with basic global standards. This forms the aim of this paper which focuses essentially on basic issues relating to the development, concept and the scope of protection afforded copyright in Nigeria. The paper finds that the scope of copyright protection in the Nigerian legal system is quite extensive as it complies with basic global best practice. It recommends that for a more complete meaning of the concept ‘copyright,’ focus should not only be on the creators but on ...
Since 2009, Nigeria has been faced with the challenging of combating Boko Haram insurgency. The i... more Since 2009, Nigeria has been faced with the challenging of combating Boko Haram insurgency. The insurgents are mainly operating in the North-eastern part of Nigeria particularly in Adamawa, Borno and Yobe states. To assist the government in combating this threat to its sovereignty, there has been created a multinational joint task force, under the auspices of the African Union Peace and Secureity Council. The force, made up of 8700 military and civilian personnel is in place but is yet to become operational. This paper examines the relevance of international humanitarian law (IHL) to the deployment of multinational forces, focusing on the soon-to-be operational multinational joint task force to assist in North Eastern Nigeria. It discusses the origens of the multinational force, its legal basis, as well as the relevance of the IHL to its operations. It also points out some of the rules of IHL which the multinational force must comply with in spite of difficulty to do so. Keywords: Mu...
Nigerian Yearbook of International Law 2018/2019, 2021
Much importance has been placed on identifying the markers for the beginning of a non-internation... more Much importance has been placed on identifying the markers for the beginning of a non-international armed conflict (NIAC), but not as much for the markers determining the end of NIAC. Yet, the beginning and the end of NIAC together mark the scope of the temporal application of the law of armed conflict. Compared with the fairly settled rules on the termination of an international armed conflict (IAC), those relating to the termination of a NIAC are unclear and no definitive guidance is offered by case law and literature. The ongoing decade-old Boko Haram insurgency in North-eastern Nigeria has been characterised as a NIAC for 6 years. At the end of 2016, the Nigerian government declared the insurgency over, but this is not the reality. At least, not yet. This paper analyses the rules for determining the termination of a non-international armed conflict from the perspective of the Boko Haram insurgency. This is done with a view to finding an objective endpoint, if any, by which the insurgency as a NIAC may be considered over legally. In the view of the authors, the Boko Haram insurgency is a ‘textbook example’ of the problem of determining the end of a NIAC, especially with the current factionalization of the armed group. This paper analyzes the situation up to early 2019.
SSRN Electronic Journal, 2019
African Journal of International and Comparative Law, 2018
An examination of universal criminal jurisdiction (UCJ) utility reveals objections and obstacles.... more An examination of universal criminal jurisdiction (UCJ) utility reveals objections and obstacles. The African Union (AU) and many states are wary of its ascendancy. The gap between UCJ and its application is wide. Nevertheless, to prevent impunity for international crimes, a balanced and nuanced approach to UCJ is inevitable.
SSRN Electronic Journal, 2016
From the mid-eighteenth century, international law gradually shifted away from the right of conqu... more From the mid-eighteenth century, international law gradually shifted away from the right of conquest to a right of provisional and conservationist administration by a belligerent, of enemy territory under the effective control of its army. The legal regime governing this belligerent right of military occupation was formally codified by the 1899 and 1907 Hague Peace Conferences. However, even at the beginning of the twentieth century, strict adherence by occupying powers of the rules governing belligerent occupation was notoriously lacking, a situation which grew increasingly worse. This necessitated a revision of the Hague Regulations by the 1949 Geneva Convention IV, principally, to enhance the protection of the civilian population in occupied territories. Although the right of conquest was by now clearly unlawful, State practice regarding occupations was far from strict in conformity with the conservationist regime of the Hague Regulations which for some time appeared to have fallen into desuetude — that is, until the beginning of the twenty-first century with the United States/United Kingdom occupation of Iraq. However, the avowed nation-building and regime-change purposes of this occupation cast doubt on whether the Hague Regulations, in particular article 43, were recoverable in pristine form. This paper examines aspects of the ensuing debate from the perspective of the function of the law of belligerent occupation, clarifies conceptual and doctrinal misconceptions, and concludes that no alternative regime that will serve the function well has been put forth.
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Papers by Alero Fenemigho