The Ebonyi State University Law Journal (EBSU L.J.) is a peer-reviewed journal published by the Faculty of Law, Ebonyi State University, Abakaliki, Ebonyi State Nigeria. The journal publishes well-researched papers in all fields of law biannually – June and December.
The Influence of Land Tenure Systems on Inheritance Rights in Nigeria
This paper examined the influence of land tenure systems on inheritance rights in Nigeria. The research explored how statutory, customary and religious land tenure frameworks interact to shape inheritance patterns and property rights across Nigeria's diverse communities. Through critical analysis of judicial decisions, statutory provisions and customary practices, this study revealed how land tenure systems create unique challenges for inheritance rights, particularly affecting women, non-indigenous persons and vulnerable beneficiaries. The paper examined tensions between communal land ownership principles and individual inheritance rights, investigating how different tenure systems facilitate or obstruct property succession. Findings suggest that land tenure systems significantly influence inheritance outcomes, with customary tenure often limiting women's inheritance rights despite statutory and constitutional protections. The research demonstrates that tenure insecurity undermines inheritance rights, as uncertain ownership status prevents effective property transfer to heirs. This paper argued for harmonisation of land tenure frameworks with inheritance law principles to ensure equitable succession rights. The study contributes to debates on land reform, property rights and gender equity in African legal systems.
Copyright (c) 2023 Ebonyi State University Law Journal
The Objectives of Taxation and Challenges of Effective Company Taxation in Nigeria: A Legal and Economic Appraisal
Taxation is universally acknowledged as a cornerstone of statecraft, serving as both a fiscal tool for revenue generation and a mechanism for achieving broader socio-economic objectives. Traditionally, the primary objective of taxation was to mobilise sufficient revenue to fund government expenditure and provide public goods. However, in contemporary economies, taxation has evolved into a multifaceted instrument, addressing diverse goals such as income redistribution, economic stabilisation, environmental sustainability, and promotion of social equity. This paper examines both the traditional and contemporary objectives of taxation while interrogating the challenges to effective company taxation in Nigeria. Drawing from legal, economic, and institutional perspectives, the paper analyses how taxation functions as a catalyst for growth and development through provisions of merit and public goods, wealth redistribution, economic management, and the regulation of harmful practices. The study also highlights the Nigerian experience, where ineffective administration, outdated legislative provisions, judicial conservatism in statutory interpretation, and operational lapses of tax administrators have undermined the attainment of these objectives. Special attention is given to the need for purposive judicial interpretation of tax statutes, reforms in legislative drafting, and institutional strengthening of tax authorities to curb evasion and avoidance. The paper argues that aligning Nigeria’s taxation system with global best practices requires synergy among the legislature, judiciary, executive, and corporate entities. It concludes that taxation in Nigeria must transcend revenue mobilisation, embracing its modern roles in governance, equity, and economic development, while adopting innovative reforms to address persistent legal and operational challenges.
Impeachment and Impunity under the Nigerian Constitution: A Case Study of Adamawa State
The spate of impeachment in recent times in Nigeria had been a cause for worry and a serious threat to our nascent democracy. This paper examined the impeachment process provided under the 1999 Constitution of the Federal Republic of Nigeria as amended with particutar reference to Adamawa State. It critically identifiy the flaws in the impeachment procedure adopted by some State Houses of Assemebly in exercise of their power of impeachment under the constitution. The doctrinal method of research was adopted in this paper. It was found that the impeachment of the governor of Adamawa State in 2014 was irregular and highly political rather than borne out of the commission of any impeachable offence. The constitution did not adequately define an impeachable offence, which has played into the hands of unruly Houses of Assembly to interprete any action of the governor as impeachable. This unfortunate gap has however been repeated cautioned by the Supreme Court, which evetuall decaled the action of the Adamawa House of Assembely unconstitutional, null, void and of no effect. The paper recommended the involement of the electorate in the impeachment process of the governor or deputy governor by way of referandum as this would reduce incidence of litigation in the whole excerise.
An Appraisal of the Legal Framework of the Nigerian Oil and Gas Industry
The oil and gas industry is a critical sector that drives other sectors in Nigeria's economic governance, contributing significantly to the country's revenue earnings. This paper audited the myriad of laws pervading the industry and the resulting confusion in determining the extant laws governing the industry and their corresponding strength and weaknesses. The industry's operations have been affected by ecological deprivation, revenue mismanagement, disillusionment, host community exclusion and foreign dominance. Using the doctrinal methodology, the paper argued that the industry is plagued with myriads of laws and regulations, Petroleum Industry Act (PIA) 2021 being the principal legislation with others playing vital roles in addressing the industry’s current and primordial challenges to achieve sustainable development in Nigeria and the oil rich region. The paper discovers that the legal framework is marred by innumerable challenges, including continuity in the midst of change of regulatory bodies, too many regulations and laws to obey yet without much effect, weaknesses of enforcement institutions, persistent environmental and social concerns and increasing host community concerns. It concluded that the legal framework aims at driving a peaceful environment, a seamless and hitch free exploration in the oil rich region and recommended regular review and update of laws, strengthening of the regulatory agencies, improvement of the environmental and social standards and increase transparency and accountability in the operations to avert non-participation of the host communities.
Judicious Exercise of Judicial Discretion – Meaning, Extent and Exceptions Through Decided Cases
The phrase “judicial discretion must be exercised judiciously” is regularly employed in the adjudicatory system although its exact meaning, extent and exceptions remain largely misunderstood. In many instances, this ageless phrase is interpreted to mean that a Court that has discretion over a matter can decide anyhow it pleased. Deploying the doctrinal research method, this paper showcased many ways in which Courts are conferred with discretion under their respective Rules including the Court of Appeal Rules, 2021 and Supreme Court Rules, 2024. Following critical analysis of relevant judicial decisions, the paper found that these decisions are unanimous that exercise of discretion is almost sacred and inviolable although it is circumscribed by the guiding principle that judicial discretion must be exercised judiciously. Hence, where judicial discretion is injudiciously exercised, the appellate Court will intervene. The paper recommended that a trial Court must ensure at all times that its exercise of discretion is logical and within the law in order to prevent its discretionary decision from being set aside on appeal. In the same wise, appellate Courts should not be too quick in fettering the exercise of judicial discretion since it is an indispensable tool in the administration of justice.
Quiet Quitting Among Young Lawyers in Nigeria: Trends, Causes and Recommendations
"Quiet quitting," is a phrase that has been used to describe situations where employees put in only the minimal efforts required to perform the functions assigned to them or required of them. It should be noted that “quite quitting” has become a pervading issue not only in Nigeria but in many countries of the world and in different professions, but the scope of this paper is on how the legal profession in Nigeria is impacted by it. “Quiet quitting” has not only led to brain drain in Nigeria but has adversely affected the quality of legal and intellectual output especially among young lawyers. The doctrinal research methodology approach was adopted, relying on write ups from scholars in the field, statutes and other relevant materials. The objective of this paper was to do an expository of the issue of “quiet quitting” among young lawyers and proffer solutions to stem the tide. This work found out that “quiet quitting among young lawyers is majorly linked to job satisfaction and has to be immediately tackled. It recommended mentorship, flexible work timing, supportive work place culture and realistic workloads as a means of tackling quiet quitting in Nigeria
Between Parchment and Practice: A Critical Assessment of Constitutionally Guaranteed Rights for Women in Nigeria
The global struggle for women's equality is a narrative woven through centuries of advocacy, resistance, and incremental legal change. In Nigeria, this struggle is framed by a complex tapestry of constitutional promises, entrenched patriarchal norms, and a persistent chasm between law and lived reality. This paper presents a comprehensive assessment of the constitutional and legal rights guaranteed to women in Nigeria, interrogating why, despite a proliferation of progressive laws and international commitments, the status of women remains markedly unequal. Through a doctrinal and teleological research methodology, the analysis moves beyond a mere cataloguing of statutes to explore the dynamic interplay between law and society. It argues that the enduring subordination of women is not solely a legal failure but a socio-cultural phenomenon, where customs, societal expectations, and ingrained patriarchal attitudes effectively neutralize legislative advancements. The paper systematically examines historical contexts, from ancient civilizations to pre-colonial Nigeria, before dissecting the contemporary legal framework, including the 1999 Constitution, the African Charter, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It critically highlights areas of persistent statutory discrimination in revenue, labour, residency, and criminal laws. Ultimately, the paper concludes that achieving substantive equality requires a transformative approach that synergizes rigorous legal enforcement, strategic litigation, comprehensive civic education, and sustained cultural advocacy to dismantle the extra-legal bulwarks that perpetuate gender injustice.
Challenges of Copyright Inspectors in the Fight against Copyright Piracy in Nigeria
This paper critically assessed the role of copyright inspectors in combating copyright piracy in Nigeria, situating their functions within the broader framework of intellectual property enforcement. The primary aim is to evaluate the effectiveness, challenges, and prospects of copyright inspectors’ activities in reducing piracy and promoting respect for copyright laws. Specifically, the objectives include examining the legal mandate of copyright inspectors, identifying operational constraints, and exploring strategies for strengthening enforcement mechanisms. The research underscores the fact that despite the Copyright Act and the establishment of regulatory bodies, Nigeria continues to grapple with high levels of copyright infringement, which undermine the creative industry and economic development. The doctrinal research methodology was adopted, which focused on existing legal texts, statute and case law. The findings reveal that copyright inspectors play a pivotal role in raids, seizures of pirated materials, and public sensitisation campaigns. However, their efforts are hampered by inadequate funding, logistical constraints, corruption, and limited inter-agency cooperation. Notably, stakeholders perceive enforcement as sporadic rather than systematic, with prosecutions rarely resulting in deterrent penalties. The study recommends improved budgetary allocations, capacity-building programmes, and the deployment of technology-enabled tracking systems to improve efficiency. Furthermore, it advocates legislative reforms to empower copyright inspectors with broader investigative powers and to impose stiffer penalties on offenders. The conclusion affirms that while copyright inspectors are indispensable to the fight against piracy, a multifaceted and well-resourced enforcement framework is essential for reasonable progress.
The Role of Non-Governmental Organisations (NGOs) in Anti-Corruption and the Manifest Challenges in their Operations
This paper discussed the role of NGOs in combating corruption and highlighted the challenges faced by these NGOs in this efforts. Non-governmental organizations (NGOs) serve as critical watchdogs in Nigeria's fight against corruption, complementing institutions like the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices Commission (ICPC). The problem addressed in this paper is that despite operating under key legal frameworks such as the Freedom of Information Act 2011, EFCC Act 2004, and Companies and Allied Matters Act 2020, NGOs like BudgIT, CLEEN Foundation, Public and Private Development Centre (PPDC), and Partners West Africa Nigeria (PWAN) encounter severe challenges in the struggle against the scourge of corruption. Adopting the doctrinal method, which relies on both primary and secondary sources, the paper evaluated NGOs' roles in advancing anti-corruption efforts aligned with the United Nations Convention Against Corruption (UNCAC) pillars: prevention, criminalization, international cooperation, asset recovery, and technical assistance as well as Nigeria's 1999 Constitution and Sustainable Development Goal 16. The paper found that amid governmental shortcomings and barriers, NGOs provide indispensable contributions by driving key anti-corruption activities such as public awareness advocacy, budget monitoring, investigative support, transparency promotion, agency partnerships, and institutional accountability. It concluded that strengthening NGOs is essential for transparency, justice, and development in Nigeria, recommending sustainable funding mechanisms, legal safeguards for independence and whistleblowers, capacity-building programs, and multi stakeholder networks to overcome hurdles and amplify their watchdog role.
Guiding Principles for Setting Aside Default Judgment –A Panoramic Overview Through Decided Cases
In the administration of justice ecosystem, it is a perennial question whether default judgment can be set aside and, if in the affirmative, what steps can a defendant take to get the trial Court to set it aside? There is also related concern about the legal principles that should guide a trial Court in granting or refusing an application to set aside a default judgment. To resolve these legal posers, this paper deployed the doctrinal research method to consider provisions of various Rules of Courts on default judgment and the interpretations placed on them in decided cases. The paper established that, although not on merit, default judgment is final until set aside. Hence, Rules of Courts commonly provide the defendant with opportunity to set aside default judgment. The paper further found that satisfying the requirement for setting aside default judgment is a herculean task on the part of the applicant and an onerous judicial discretion that must be exercised judiciously by the trial Court. The paper recommended that the trial Court should not hesitate to refuse any application for setting aside a default judgment that falls short of the conditions stipulated in the Rules since equity assists only the vigilant.
Rethinking the Protection of Patent Cooperation Treaty (PCT) in the Context of Digital Science and Internet Expansion – A Nigerian Perspective
The digital revolution has transformed intellectual property protection, making patent safeguarding through the Patent Cooperation Treaty (PCT) crucial for innovation. Established in 1978, the PCT simplified international patent applications via the World Intellectual Property Organization (WIPO). However, technological advances have exposed weaknesses in this framework, particularly for developing nations like Nigeria. This paper examined the PCT's effectiveness in protecting digital creations and identified its limitations in Nigeria’s digital landscape. It investigated the legal and institutional obstacles Nigeria encountered when updating patent laws for digital and internet-based innovations, it explored how the country can modernize its intellectual property framework to align with international standards. This study employed doctrinal legal analysis. It was found that significant challenges stood as obstacles in Nigeria’s ability to revise its patent legislation for digital innovations. Furthermore, various impediments hindered practical reforms needed to synchronize Nigeria's patent system with digital realities and global benchmarks. The study concluded that Nigeria's antiquated patent framework required comprehensive modernization to adequately protect digital inventions. The current system's inadequacy undermined Nigeria's capacity to harness digital science for economic development and sustainability. The paper recommended urgent reforms to rejuvenate the patent system, ensuring robust protection for digital innovations and positioning Nigeria competitively in the global digital economy.
Breaking the Concrete Ceiling: An Evaluation of the Status of Women in Male-Dominated Fields in Nigeria-A Human Rights Perspective
The persistent underrepresentation of women in male-dominated fields remains one of the most entrenched manifestations of gender inequality in contemporary society, particularly in the context of Nigeria, where legal commitments to equality coexist with deeply rooted socio-cultural barriers. Despite constitutional guarantees and international human rights obligations affirming the principles of equality, dignity, and non-discrimination, women continue to face significant obstacles in accessing and advancing within sectors such as politics, engineering, technology, corporate leadership, and academia. This paper argued that such exclusion is not merely a reflection of social convention but constitutes a systemic pattern of discrimination that violates fundamental human rights. Adopting a doctrinal methodology, the study interrogated the structural and institutional dynamics that sustain gender inequality in Nigeria. It finds that the marginalisation of women in male-dominated professions is driven by a combination of entrenched patriarchal norms, institutional discrimination, gender stereotyping, workplace harassment, and structural barriers to career progression. These factors collectively create a “concrete ceiling” that is more rigid and resistant than the traditionally conceived “glass ceiling,” thereby limiting women’s opportunities and undermining their rights to work, dignity, participation in public life, and equality before the law. The paper concluded that the persistence of these inequalities reflects the inadequacy of existing legal frameworks to achieve substantive, rather than merely formal, equality. It therefore advocated a transformative, rights-based approach that integrates legislative reform, judicial activism, institutional accountability, and socio cultural change.
Copyright (c) 2024 Ebonyi State University Law Journal
Rape under the Violence Against Persons (Prohibition) Act 2015: An Appraisal
This paper provides a critical appraisal of rape under the Violence Against Persons (Prohibition) Act 2015 (VAPPA) within the broader context of Nigerian criminal law. Historically, rape jurisprudence in Nigeria, derived from the Criminal Code and Penal Code, was gendered and restrictive—permitting only male perpetrators and female victims through penile-vaginal penetration, while exempting marital rape. The VAPPA 2015 introduced transformative reforms by adopting a gender-neutral definition, expanding the concept of penetration to include the mouth and anus, and recognizing rape by any body part or foreign object. Using doctrinal legal methodology, this paper examined the VAPPA's provisions alongside the Criminal Code, Penal Code, Child Rights Act, and Cybercrime Act, analyzing judicial interpretations and persistent legal challenges. It found that while the VAPPA represents significant progressive reform, critical gaps remain: the preservation of the marital rape exemption, the non-statutory but persistently applied corroboration requirement, and implementation challenges across jurisdictions that have not domesticated the Act. The paper recommends legislative amendment to criminalize marital rape, judicial training on the VAPPA's expanded provisions, harmonization of conflicting statutory ages of consent, and enhanced victim protection mechanisms to align Nigerian law with contemporary understandings of sexual violence as an offence against bodily integrity rather than gender-specific morality.
Electoral Integrity, Democratic Governance and Rights Violations in Africa: The Nigerian Experience
The democratic process fundamentally depends on legitimate electoral systems worldwide. They are the yardstick upon which other democratic ideologies are established. Regular polling cycles promote civic freedoms and citizen autonomy within nations. While voting procedures alone cannot guarantee democracy, they represent crucial mechanisms that prevent authoritarian governance. Nevertheless, throughout emerging African democracies, electoral processes—despite their critical importance—frequently endanger fundamental rights due to political leadership behaviour. Systematic violations of citizen rights during elections have become increasingly normalized across African territories, particularly within Nigeria. Nigerian electoral contests, along with those throughout much of the continent, exhibit significant turmoil and aggression, producing widespread rights infringements. These dynamics undermine democratic transitions and governmental legitimacy. This paper examined relevant legal provisions aimed at promoting international electoral standards within Nigeria. Utilizing doctrinal research methodologies, the study concluded that democratic advancement within Nigeria remains contingent upon attitudinal transformations among political actors regarding rights protection. Key recommendations included Nigeria's compliance with United Nations obligations as a signatory state, consistent observation of international human rights standards during electoral periods, and comprehensive stakeholder education regarding global best practices for democratic contests.
Examination of the Law, Principles and Procedure for Bail Pending Appeal in the Court of Appeal
It is often thought, albeit wrongly, that a convict must irrevocably serve his sentence even when he has lodged appeal against his conviction to the Court of Appeal. Through doctrinal research technique, this paper examined the powers of the Court of Appeal under the Court of Appeal Act, 2004 and Court of Appeal (Civil Procedure) Rules, 2021 from wherein it established the unfettered power of the Court of Appeal to grant bail pending appeal. Plethora of judicial authorities considered in the paper were also unanimous that the Court of Appeal has the power to grant bail pending appeal although it is a judicial discretion that must be exercised judiciously. Being that an applicant for bail pending appeal is under a subsisting conviction by the lower Court, bail pending appeal is not a right. Hence the applicant must prove evidence of special or exceptional circumstance to warrant going on bail pending appeal. As this herculean burden is seldom discharged lightly, it was recommended that a convict who does not have convincing and credible evidence of peculiar circumstance should rather concentrate on diligent prosecution of his appeal than congesting the docket of the Court with an application for bail pending appeal.
Socio-Economic Rights of Migrants and Internally Displaced Persons in Nigeria: An Appraisal
In the turbulent landscape of African political conflict, particularly within the sub-Saharan region, waves of unrest and instability have driven unprecedented levels of forced migration and internal displacement. This paper appraises the consequent human rights abuses and socio-economic plights faced by Internally Displaced Persons (IDPs) and migrants in Nigeria, a nation emblematic of these continental challenges. Employing a qualitative, desktop methodology, the analysis interrogates the socio-legal regimes governing displacement, focusing on their impact on fundamental rights to health, shelter, education, and livelihood. It argues that the systemic failure to secure these socio-economic rights perpetuates cycles of vulnerability and poverty, transforming displacement from a temporary crisis into a permanent state of deprivation. The paper posits that while robust international and regional frameworks—such as the Kampala Convention and the African Charter—exist, their domestication and enforcement in Nigeria remain critically deficient. Ultimately, it calls for the formalization of a protective legal status for IDPs and migrants, the establishment of dedicated national agencies for their affairs, and the reaffirmation of state responsibility as the primary duty-bearer in safeguarding the dignity and economic welfare of all displaced citizens.
Analysis of the Regulatory Mechanism for Corporate Climate Governance in Nigeria
Nigeria as a signatory to the Paris Agreement 2015 is obliged to reduce greenhouse gas emissions and pursue climate-resilient development. To achieve these goals, it would be necessary to rely not only on state-led interventions but also on the active participation of corporate actors, particularly in high-emission sectors such as oil and gas, manufacturing, and energy. This paper analyzed the regulatory mechanisms that govern corporate climate governance in Nigeria, focused on the legal instruments that seek to align corporate practices with national and international climate commitments. The paper analyzed the effectiveness of these regulatory mechanisms such as nationally determined contributions (NDCs), carbon budgeting, environmental disclosure and reporting obligations in promoting corporate climate accountability and environmental compliance. In doing this, it adopted the doctrinal methodology, supported by qualitative analysis of statutes, policy documents, international agreements, and judicial decisions. The paper found that while Nigeria has made significant legislative strides, regulatory enforcement remains weak due to institutional overlap, lack of technical capacity, and poor corporate transparency. Furthermore, legal obligations are often undercut by discretionary enforcement and limited stakeholder engagement. The paper recommended strengthening institutional coordination, mandating corporate climate disclosures, introducing sector-specific emission standards, and enhancing civil society participation in environmental monitoring. Ultimately, the paper supported a robust and coherent regulatory approach to mainstream corporate responsibility into Nigeria’s climate governance framework, to ensure that businesses not only comply with the law but actively contribute to sustainable development and the realization of Nigeria’s international climate commitments.
Understanding Human Trafficking as a Social Justice Imperative
Human trafficking, a pervasive violation of human rights affecting millions globally, including vulnerable populations in Nigeria, through cross-border exploitation and domestic servitude, perpetuates cycles of inequality, poverty, and gender-based violence that undermine social cohesion and economic development. The aim of this paper is for readers to grasp human trafficking not merely as a criminal issue but as a core social justice imperative demanding doctrinal reform in Nigerian law to protect vulnerable groups equitably. This paper employed the doctrinal research method, which involves the systematic analysis of Nigerian statutes, case law, and constitutional principles on human trafficking to reveal gaps in addressing it as a social justice imperative and propose interpretive reforms for greater equity. This paper found that the Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEAA) 2015, according to section 13 of the Act, prohibited all acts of human trafficking, but overlooked root causes like poverty, gender discrimination, and feminised poverty that disproportionately affect women and girls, comprising up to 75% of victims. This paper also found that because of porous border control, which allowed officers to be corrupt, and weak inter-agency coordination, it enabled an increase in cross-border syndicates despite NAPTIP efforts. This paper recommended an amendment of the TIPPEAA 2015 to embed social justice principles, mandating purposive interpretation that links trafficking to constitutional rights under Chapter IV(e.g., dignity, non discrimination), with explicit protections for women, children, and PWDs via tailored vulnerability clauses. This paper further recommended incorporating socioeconomic root causes like inequality and feminised poverty into prevention strategies.
Between the Court and the Street: Exploring the Respective Barriers to Access to Justice and Drivers of Street Justice in Nigeria
Sustainable Development Goal (SDG) 16, in light of the premium on access to justice, underscores the imperative to ‘provide access to justice for all’. Justice is sought by all in the pursuit of their rights and interests. In effect, it is ‘a given’ that access to justice is just as important as access to all other SDGs that include, but are not limited to, health, water, and education, which the United Nations and other global bodies are striving to deploy to the doorstep of ‘the common man’. People cherish justice so much so that they may be tempted to seek it at all cost and by all means in certain circumstances. Ideally, justice is pursued via the courts and other mechanisms that human societies have, in their wisdom, instituted. However, in circumstances where the judicial mechanism does not work for the good of all, street justice unfortunately turns out to be the norm. This paper focuses on the barriers to access to justice and the drivers of street justice and the interplay of factors that attend them. Engaging with secondary data, the paper examined the provisions of the laws guaranteeing access to justice, the barriers in the justice system hindering access to justice and the propellers of street justice and other alternatives that people explore when they feel short changed from access to justice. The research proffered recommendations, derivable from the established findings, that inform choices, guide judges, provoke regulators, enlighten lawyers, influence policy makers, interest the public and, ultimately enrich knowledge and add upon existing literatures.
Grant of Presidential Pardon: Constitutionality, Implications and Limits
Prerogative of mercy by the President constitutes exception to the rule that judgment of the Supreme Court is final. However, the procedure or protocol for the exercise of this power in order not to either defeat the constitutional presumption of innocence or amount to naked usurpation of judicial powers is seldom understood. To resolve this legal conundrum, this paper deployed the doctrinal research method to critically examine constitutional provisions that authorise the President to grant pardon in addition to judicial decisions that arose therefrom. The paper established that the President is constitutionally empowered to grant pardon to persons convicted of offences created by Act of the National Assembly or persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial. It was further established that pardon can only be granted after conviction or when there is no pending appeal. To do otherwise will amount to naked usurpation of judicial powers. As the use of prerogative of mercy can be subject of abuse, it was recommended that the power of pardon by the President must be exercised only after consultation with the National Council of State in accordance with due process of the law.
Regina Daniels’ Alleged Drug Admission: A Legal Analysis of its Potential Impact on Child Custody under Nigerian Law
This paper examined the legal implications of Regina Daniels’ alleged public admission to drug use within the context of child custody proceedings under Nigerian law. Anchored on section 71 of the Matrimonial Causes Act, it interrogated whether such admission by Regina, if proven authentic, could displace the long-standing presumption and notion that custody of children of younger age is best placed with the mother. The analysis explores evidentiary standards under the Nigerian Evidence Act, moral fitness as a determinant of custody, and the welfare principle as the paramount consideration. It also highlights the view of modern judicial philosophy that emphasized on rehabilitation and child-centered justice over punitive moral judgment. Drawing from both Nigerian case law and scholarly authorities, the paper concluded that while drug use may question parental suitability, it does not automatically foreclose custodial rights without demonstrable harm to the child. The work ultimately advocates a welfare-centric and reformative approach, aligning with the evolving humanistic outlook of contemporary Nigerian family law.
A Comparative Legal Analysis of Natural Gas Utilization and Sustainable Development Barriers in Nigeria
It has become imperative for Nigeria to decide the best way to use its natural gas reserves while protecting the environment on the one hand, and ensuring the sustainable development of its gas industry on the other hand. The potential for gas sector development in Nigeria is enormous. Nevertheless, this paper contended that factors such as violations of the Environmental Impact Assessment Act, 1994, gaps in the Petroleum Industry Act, 2021 and a lack of gas infrastructure could impede the sustainable development of the gas sector. The objectives of this paper, which adopted the doctrinal research methodology, include examining the role of gas utilization companies in encouraging sustainable growth of the gas sector, the obstacles thereto, while focusing on Norway and Algeria as subjects of a comparative jurisdictional study. The paper finds that sustainable development in the natural gas sector of the selected countries was the result of a mix of stringent regulations, efficient enforcement, and a well-planned infrastructural basis. In contrast to Algeria, where compliance with environmental impact assessment is mandatory, the process remains weak and ineffective in Nigeria; the PIA's exemption practice represents a weak link in the Act which operators may exploit; while gasinfrastructure remains inadequate. It recommends that the appropriate agencies should prevent licensees and operators from taking advantage of gaps in the EIA Act and the PIA; revocation of licences of errant project proponents; and intentional investment in critical gas infrastructure by stakeholders in order to guarantee sustainability in the gas industry in Nigeria.
Rethinking Legal Personhood in the Infosphere: Jurisprudential Reflections on Luciano Floridi’s Fourth Revolution
The evolution of the Infosphere, as articulated in Luciano Floridi’s Fourth Revolution, compels a fundamental reconsideration of legal personhood through the lens of classical jurisprudence. Rooted in the Roman concept of persona—initially denoting social status and legal capacity—the legal person has historically evolved within metaphysical debates between realism and nominalism, natural law and positivism, and rationalist Enlightenment anthropology. Floridi's informational metaphysics disrupts this anthropocentric lineage, proposing a reontologization of the self and the emergence of inforgs informational organisms—who participate in an expanded moral and ontological community. This paper critically interrogated the adequacy of classical legal theories from Aquinas’s teleological ethics to Kelsen’s Pure Theory, and Hart’s secondary rules in accommodating non-human agents within the framework of legal subjectivity. Must personhood, traditionally reserved for moral agents capable of will and reason (ratio etvoluntas), now extend to entities defined by relational data structures, algorithmic intentionality, and distributed agency? The analysis using doctrinal method, evaluated normative thresholds for personhood—capacity for rights, duties, and juridical recognition against the challenge of AI systems, synthetic minds, and autonomous digital agents. Rather than abandoning the classical edifice, the paper proposed a principled reconstitution: a reconceptualization of persona under the jurisprudence of the Infosphere. This entails harmonizing Aristotelian-Thomistic substance ontology with Floridian informational ontology to forge a coherent legal response to emerging digital realities. Such a synthesis is indispensable for AI governance, algorithmic justice, and rethinking sovereignty in the Fourth Revolution.
Copyright (c) 2022 Ebonyi State University Law Journal
Change and Continuity: The Enduring Legacies of DPR Guidelines and Regulations in Nigeria’s Post-PIA 2021 Oil and Gas Industry
The enduring legacies of the Department of Petroleum Resources (DPR) is the cornerstone of the Nigerian oil and gas industry’s regulatory compliance. This paper examined the enduring impact of the DPR’s Guidelines and Regulations in Nigeria's oil and gas industry in spite of the dissolution of DPR by the Petroleum Industry Act (PIA) 2021, its guidelines and regulations subsists to regulate the Nigerian oil and gas industry. The paper adopted the doctrinal research method in analyzing the historical evolution and roles of the DPR, impact of the DPR’s guidelines and regulations on the oil and gas industry in Nigeria before and after the enactment of the PIA 2021, and the attitude of the new regulatory agencies. It maintained that though the PIA introduced new Regulatory framework in place of DPR, the DPR's legacy continues to shape the industry's operations, compliance requirements and regulatory practices. The paper found that the enduring impact of the DPR's guidelines and regulations is evidence of its indispensable relevance in the Nigerian oil and gas industry. It concluded that the regulatory frameworks need reinforcement to evolve effective mechanisms that promotes transparency, accountability and consistency to realize institutional capacity, human capital development and infrastructural upgrade to achieve regulatory effectiveness. The paper recommended transparent regulatory decisions and accountability of officials, collaboration with regulatory agencies, industry stakeholders, and government institutions to promote cohesive and effective regulatory environment, a balanced consumer protection, quality control and product assurance for business growth, customer satisfaction and safety without stifling investment.
Appraising the Role of Law in Social Movement and the Attainment of Justice
The central aim of this paper is to examine the role of law in social movement. Legal institutions have historically served as both tools for maintaining the status quo and avenues for transformative change. The paper argued that the role of law in social movements is multifaceted, encompassing both structural and dynamic contributions to the evolution of collective struggles for justice. It synthesized key insights from contemporary scholarship on the interplay between law and social movements, observing that the law often operates as a double-edged sword. On one hand, it reinforces hierarchical relationships and institutional conventions that sustain systemic inequalities while on the other hand, it provides mechanisms for challenging these structures through legal mobilization, litigation, and advocacy. Social movements leverage law to frame grievances, unite activists, and build collective identities. Using the doctrinal research method, which relies on both primary and secondary sources, the paper argued that legal concepts such as rights and litigation serve as rhetorical tools to inspire action, legitimize demands, and negotiate with adversaries. It observed that litigation plays a critical role in shaping social movements by offering symbolic victories, creating public awareness, and generating indirect effects. Procedural elements such as claims, discovery, and record-building allow activists to gather evidence, validate experiences, and influence public opinion beyond the courtroom. The research concluded that the role of law in social movements is inherently contingent on context and struggle, which serves as both a barrier to change and a catalyst for reconstituting institutional order. By navigating this duality, social movements harness law to challenge injustices, build solidarity, and envision alternative futures for justice and equality.
Constitutional Imbalances and Corrupt Practices in the Nigeria Police Force: A Security Anathema
This paper critically examined the constitutional imbalances and systemic corrupt practices that undermine the effectiveness of the Nigeria Police Force. It argued that the centralised structure of the police, as entrenched in the 1999 Constitution, creates operational inefficiencies by concentrating control in the federal government while rendering state governors powerless in maintaining security within their jurisdictions. The ouster clause further shields executive actions from judicial scrutiny, fostering impunity. Additionally, the paper exposed pervasive corruption within the police hierarchy, from extortion at checkpoints to high-profile embezzlement of pension funds and police equipment budgets by senior officers. These twin challenges—constitutional defects and institutionalized corruption—have rendered the police ineffective in addressing rising insecurity, including armed robbery, terrorism, and kidnapping. The paper advocated for comprehensive constitutional amendments, including the establishment of state police, removal of ouster clauses, and institutional reforms such as enhanced accountability mechanisms, improved training, and better welfare packages to restore professionalism and public trust in policing.
An Evaluation of the Rule of Law, Justice and Equity in Community Governance in Nigeria
This paper examines the rule of law, justice, and equity in community governance in Nigeria with a focus on how these principles underpin effective, fair, and inclusive local administration. The first section of the article introduces the rule of law as a fundamental component of democratic governance, highlighting its function in preventing arbitrary power and guaranteeing accountability. In this paper, the doctrinal technique was used. The results indicate that while justice guarantees fairness in decision-making and equal resource distribution, respect to the rule of law fosters transparency and accountability. Equity, on the other hand, bridges social and economic disparities, fostering inclusivity among marginalized groups. However, challenges such as corruption, weak institutions, cultural biases, and lack of civic awareness hinder the realization of these ideals. The study concludes that sustainable community governance and development depend on embedding these principles in local administrative structures. It recommends strengthening legal frameworks, promoting civic education, ensuring transparent dispute resolution, and empowering local institutions to uphold fairness, equity, and accountability. When effectively integrated, these principles can drive peace, stability, and socio-economic progress in Nigerian communities.
Functus Officio Principle versus Power of a Court to Set Aside Its Own Judgment, Decision or Order
In the adjudicatory process, certain perennial reservations exist about the power of a trial Court over its judgment or order. These include the queries whether the rule that once a Court delivers a judgment it becomes functus officio is unchangeable and whether it is not an injudicious act for a Court to sit on appeal over its judgment? There is also the related question about permissible circumstances a Court can set aside its judgment without amounting to approbating and reprobating. Given these concerns, this paper deployed the doctrinal research method to critically analyse decisions of superior Courts on the principle of functus officio and bindingness of Court judgment. The paper established that functus officio principle is ageless and crucial in the adjudicatory ecosystem in promoting finality of Court judgments. The paper further unearthed that notwithstanding its usefulness, there are many recognised exceptions to the functus officio rule which authorise a Court to set aside its earlier judgment such as when the judgment or order is a nullity. While the exceptions were viewed as commendable, it was however recommended that the power of a Court to set aside its own judgment should be sparingly exercised except in the interest of justice.
Decolonizing Constitutional Discourse Through Afrocentric Theoretical Constructs—A Tripartite Comparison
The discourse on constitutional autochthony in Africa has often been constrained by the dominance of Eurocentric legal and political paradigms that emerged from the continent’s colonial history. In the post-independence period, African states such as Ghana, South Africa, and particularly Nigeria have grappled with the challenge of designing and implementing constitutions that are both democratic and authentically indigenous. This article develops an Afrocentric paradigm for autochthonous constitutionalism, arguing that Africa’s constitutional legitimacy must be derived from its cultural, philosophical, and historical traditions rather than external legal models. Drawing from the theory of Afrocentricity, this paper examined the epistemological foundations of African constitutional thought and the degree to which modern African constitutions reflect—or fail to reflect—indigenous values such as communalism, Ubuntu, consensus-based governance, and respect for traditional authority. Comparative analysis was deployed to explore Ghana’s chieftaincy integration, South Africa’s embrace of Ubuntu and customary law, and Nigeria’s ongoing struggle with federalism and legitimacy. It was found that an Afrocentric constitutional paradigm can provide a more legitimate and sustainable governance model for Africa by centering indigenous epistemologies, participatory constitution-making, and local norms within modern state frameworks. This approach not only reclaims Africa’s constitutional sovereignty but also redefines constitutionalism as a culturally embedded and evolving process of self-determination.
The Legality and Implications of Autonomous Weapons System (AWS) under International Humanitarian Law
The emergence of autonomous weapons systems (AWS), which can select and engage targets without human intervention, presents significant challenges to international humanitarian law (IHL). Autonomous Weapons systems raises significant concern under international humanitarian law, as their ability to select and engage targets without human intervention may lead to unintended harm to civilians and non-combatants, potentially violating principles of distinction and proportionality. The legality of autonomous weapons systems is uncertain and their development and use may require new international regulations to ensure compliance with humanitarian law and prevent potential war crimes, emphasizing the need for ongoing debate and clarification on their permissible use in armed conflicts. The objective of this paper is to assess the risks and challenges posed by AWS to civilians, noncombatants and international peace and security. The research methodology employed in this paper was content analysis .Relevant documents, including national laws, international agreements and policy statements are analyzed to identify trends and patterns of the regulations of AWS. The paper findings reveals that the development and use of AWS raises fundamental ethical concerns, as they delegate life and death decisions to machines. The paper hereby recommend that there should be an establishment of clear guidelines and standards for the development, deployment and use of AWS, including requirements for predictability, reliability and transparency