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International Journal of Advanced Legal Studies and Governance

Journal Papers (103) Details Call for Paper Manuscript submission Publication Ethics Contact Authors' Guide Line
1 Democracy, Good Governance and Nation Building: A Multi-Dimensional Approach, Atake, O. J Dodo, W. A
This research reinforced the multi-disciplinary approach to the study of democracy, good governance and nation building through the application of systems and integration theories and structural functional approach. Indeed, this is a variant of sociological and political knowledge that would revolutionalize democracy, good governance and nation building in Nigeria and Africa. The inter-relatedness of human and material resources as well as their interactions is reflected in systems and integration theories as well as the structural functional approach to the practice of democracy, good governance and nation building. The crisis of development and democracy is resolved by the application of systems, integration and structural functional theory to good governance and nation building by Anatol Rapoport, Talcott Parson, David Easton, Gabriel Almond, Ernest Haas and Amitai Etzione
2 The Recognition of the Human Rights of African Women, Sofa Adolfo
This paper gave an overview of recent trends in international human rights law with a view to knowing how the rights of women in Africa are balanced against State and customary laws. Women's rights to self-determination are embedded in several international treaties, such as the International Convention on Elimination of All Forms of Discrimination Against Women, and the Dakar Declaration. The right encompasses the right for recognition and opportunities to challenge existing laws so as to bring meaningful change to women's lives
3 The Recognition of the Human Rights of African Women, Sofa Adolfo
This paper gave an overview of recent trends in international human rights law with a view to knowing how the rights of women in Africa are balanced against State and customary laws. Women's rights to self-determination are embedded in several international treaties, such as the International Convention on Elimination of All Forms of Discrimination Against Women, and the Dakar Declaration. The right encompasses the right for recognition and opportunities to challenge existing laws so as to bring meaningful change to women's lives
4 RETROSPECTING THE LOCAL GOVERNMENT SYSTEM IN NIGERIA (1983 - 1993), Erunke, C. E.
This study, espoused on the structures of local administration in Nigeria as a government operating from the grass root from where government policy thrust must be focused. The study paraphrased the local administrative structures from the pre-colonial era across the post-colonial, early military and late military era as well as the Second Republic civilian regime respectively. However, a special focus of the study hinged on the 1983 - 1984 military administration and its reform processes. It was finally recommended among others that the major players must exhibit high sense of political will to work and to carry the people along in the scheme of things
5 POLITICS AND THE NIGERIAN SITUATION, Adegboyega, O. O.
As a concept, politics is the science of administration of human society. Fundamentally, its practice is to enhance peace, social order, stability, growth and development in any society or nation. However, the effect of politics on Nigeria is a negation of the above identified goals of politics. Rather than peace, unity, social order, growth and development there have been chaos, disintegration, instability, and social disorder. This paper therefore advanced the argument that the idea of politics and its ideals have been wrongly conceived by the political elites and this is responsible for the problems of injustice, disintegration, and lack of growth and under development in the contemporary Nigeria nation. To resolve these problems, the paper argued for a return to the traditional conception of politics.
6 IMPLICATIONS OF ULTRA VIRES DOCTRINE ON BUSINESS TRANSACTION IN NIGERIA, Sani Mohammed
Companies are formed for the purpose of doing business to make profits. Such businesses are restricted by the object clause in the Memorandum of Association. This research work aimed at showing the effects of ultra vires doctrine on Business transaction in Nigeria. But the law at times validates the act of a company notwithstanding that it was done for the furtherance of the company's authorized business (or that if otherwise exceed the company's powers).
7 EXAMINATION OF RECENT TRENDS IN CORPORATE GOVERNANCE AS IT AFFECTS THE MAJORITY RULE AND THE MINORITY PROTECTION, Azu, U. E.
This article explored the trends in corporate governance from the perspective of the common law to our contemporary statutes. This work revealed that the establishment of a minimum set of legislative standards against which all corporate actions and behaviours could be tested is imperative to ensure effective management. The method of research employed here include extensive literature review, internet facilities, examination of judicial authorities and statutes. It is realized that the failure to secure and maintain the confidence of investors could result in a decline in share purchase. It could also result in a general lethargy in investment due to the uncertainty and unpredictability of corporate behaviour. Therefore, this article considers the equitable and fair treatment of shareholders as fundamental to the maintenance of public confidence in corporations as well as the securities market in general.
8 LOCAL GOVERNMENT AUTONOMY IN NIGERIA: POLITICS AND CHALLENGES OF THE 1999 CONSTITUTION, Asaju, K.
This paper undertook a historical overview of the development of the local government system in Nigeria, especially from 1950, when Nigeria became a federal unit (that is North, West and East). It was discovered that before 1976 when a unified local government system was adopted throughout the country, each of the federating unit, later state, operated the type of local government system that was unique to their political needs, but the advent of military regime with its centralised form of government affected this former arrangement. But, with the re-emergence of civilian regime in 1979, the former arrangement was adopted. Thus, the 1979, 1989 and 1999 Constitutions recognised the local government as a third tier of government, subject to the control of State governments. The abuse of these provisions in the Constitutions, especially by the State government, has brought to the fore-front the question of local government autonomy. Therefore, the only option is a review of the Constitution. Provisions should be put in place to check the loopholes that give room for such abuses by the State governments.
9 LEADERSHIP AND THE FUTURE OF UGANDA: ISSUES AND DEVELOPMENT, Mathias Tumwebaze
This paper examined the effects of poor leadership on the social, political and economic development of a resource poor country like Uganda. Discussions focussed on the challenges and lessons learnt from the colonial to post independence leadership systems and their impact on the present and future Uganda. The study revealed that the current leadership mistakes and challenges in Uganda are as a result of the past bad colonial leadership systems that were mainly self-centred and not people oriented. It was concluded that until Uganda has visionary leaders who can serve the people beyond personal interests and use available resources optimally & equitably, only then, will she have economically healthy people who can meet the current and future global economic pace.
10 SHAREHOLDERS' PARTICIPATION IN THE AFFAIRS OF PUBLIC COMPANIES: AN INSIGHT , Lokulo-Sodipe, J. O.
The aim of this study was to have an insight into the participation of shareholders in the affairs of public companies. The information gathered in relation to this study revealed that the only way shareholders can actively participate in the affairs of public companies was by attending the Annual General Meeting (AGM) and exercise the powers reserved for them. However, as a matter of law, there is no enforceable obligation on the shareholders to attend the AGM of their companies for that matter, or indeed, actively participate in the affairs of the company, but such shareholders remain bound by any decision the meeting may take, their nonparticipation notwithstanding. Conclusively, the study submitted that active participation of shareholders in the AGM is capable of saving their companies from possible lapses that may be as a result of mismanagement. Therefore shareholders should attend meetings of their companies, mostly the AGM.
11 DEMOCRACY, GOOD GOVERNANCE AND NATION BUILDING: A MULTI-DIMENSIONAL APPROACH , Atake, O. J. Dodo, W. A.
This research reinforced the multi-disciplinary approach to the study of democracy, good governance and nation building through the application of systems and integration theories and structural functional approach. Indeed, this is a variant of sociological and political knowledge that would revolutionalize democracy, good governance and nation building in Nigeria and Africa. The inter-relatedness of human and material resources as well as their interactions is reflected in systems and integration theories as well as the structural functional approach to the practice of democracy, good governance and nation building. The crisis of development and democracy is resolved by the application of systems, integration and structural functional theory to good governance and nation building by Anatol Rapoport, Talcott Parson, David Easton, Gabriel Almond, Ernest Haas and Amitai Etzione.
12 THE RECOGNITION OF THE HUMAN RIGHTS OF AFRICAN WOMEN , Sofia Adolfo
This paper gave an overview of recent trends in international human rights law with a view to knowing how the rights of women in Africa are balanced against State and customary laws. Women's rights to self-determination are embedded in several international treaties, such as the International Convention on Elimination of All Forms of Discrimination Against Women, and the Dakar Declaration. The right encompasses the right for recognition and opportunities to challenge existing laws so as to bring meaningful change to women's lives.
13 RETROSPECTING THE LOCAL GOVERNMENT SYSTEM IN NIGERIA (1983 - 1993) , Erunke, C. E.
This study, espoused on the structures of local administration in Nigeria as a government operating from the grass root from where government policy thrust must be focused. The study paraphrased the local administrative structures from the pre-colonial era across the post-colonial, early military and late military era as well as the Second Republic civilian regime respectively. However, a special focus of the study hinged on the 1983 - 1984 military administration and its reform processes. It was finally recommended among others that the major players must exhibit high sense of political will to work and to carry the people along in the scheme of things.
14 POLITICS AND THE NIGERIAN SITUATION , Adegboyega, O. O.
As a concept, politics is the science of administration of human society. Fundamentally, its practice is to enhance peace, social order, stability, growth and development in any society or nation. However, the effect of politics on Nigeria is a negation of the above identified goals of politics. Rather than peace, unity, social order, growth and development there have been chaos, disintegration, instability, and social disorder. This paper therefore advanced the argument that the idea of politics and its ideals have been wrongly conceived by the political elites and this is responsible for the problems of injustice, disintegration, and lack of growth and under development in the contemporary Nigeria nation. To resolve these problems, the paper argued for a return to the traditional conception of politics.
15 IMPLICATIONS OF ULTRA VIRES DOCTRINE ON BUSINESS TRANSACTION IN NIGERIA , Sani Mohammed
Companies are formed for the purpose of doing business to make profits. Such businesses are restricted by the object clause in the Memorandum of Association. This research work aimed at showing the effects of ultra vires doctrine on Business transaction in Nigeria. But the law at times validates the act of a company notwithstanding that it was done for the furtherance of the company's authorized business (or that if otherwise exceed the company's powers).
16 EXAMINATION OF RECENT TRENDS IN CORPORATE GOVERNANCE AS IT AFFECTS THE MAJORITY RULE AND THE MINORITY PROTECTION , Azu, U. E.
This article explored the trends in corporate governance from the perspective of the common law to our contemporary statutes. This work revealed that the establishment of a minimum set of legislative standards against which all corporate actions and behaviours could be tested is imperative to ensure effective management. The method of research employed here include extensive literature review, internet facilities, examination of judicial authorities and statutes. It is realized that the failure to secure and maintain the confidence of investors could result in a decline in share purchase. It could also result in a general lethargy in investment due to the uncertainty and unpredictability of corporate behaviour. Therefore, this article considers the equitable and fair treatment of shareholders as fundamental to the maintenance of public confidence in corporations as well as the securities market in general.
17 LOCAL GOVERNMENT AUTONOMY IN NIGERIA: POLITICS AND CHALLENGES OF THE 1999 CONSTITUTION , Asaju, K.
This paper undertook a historical overview of the development of the local government system in Nigeria, especially from 1950, when Nigeria became a federal unit (that is North, West and East). It was discovered that before 1976 when a unified local government system was adopted throughout the country, each of the federating unit, later state, operated the type of local government system that was unique to their political needs, but the advent of military regime with its centralised form of government affected this former arrangement. But, with the re-emergence of civilian regime in 1979, the former arrangement was adopted. Thus, the 1979, 1989 and 1999 Constitutions recognised the local government as a third tier of government, subject to the control of State governments. The abuse of these provisions in the Constitutions, especially by the State government, has brought to the fore-front the question of local government autonomy. Therefore, the only option is a review of the Constitution. Provisions should be put in place to check the loopholes that give room for such abuses by the State governments.
18 LEADERSHIP AND THE FUTURE OF UGANDA: ISSUES AND DEVELOPMENT , Mathias Tumwebaze
This paper examined the effects of poor leadership on the social, political and economic development of a resource poor country like Uganda. Discussions focussed on the challenges and lessons learnt from the colonial to post independence leadership systems and their impact on the present and future Uganda. The study revealed that the current leadership mistakes and challenges in Uganda are as a result of the past bad colonial leadership systems that were mainly self-centred and not people oriented. It was concluded that until Uganda has visionary leaders who can serve the people beyond personal interests and use available resources optimally & equitably, only then, will she have economically healthy people who can meet the current and future global economic pace.
19 VETO POWER AS A DIPLOMATIC COVER FOR NATIONAL INTERESTS OF BEARING MEMBERS IN UNITED NATIONS SECURITY COUNCIL: IMPLICATIONS ON THE MANAGEMENT OF GLOBAL PEACE AND SECURITY , Kia, B. Ojie, P. A. Kidi, Z. D.
The study centred on the notion of how veto bearing members of UN manage veto power to protect individual national interest. Using realism and national interest as the operational framework, the study found that China and Russia, used pre-charter references to principle of non intervention and sovereign immunity as an excuse to neutralized collective actions towards enhancing global peace when their interest are at stake. The result was loss of thousands of lives and the displacement of million of people across the globe. However, the implication remained that unless UN veto members rise above individual national interests to an unusual degree, they will find it difficult to set the tone which could launch effective management of global security in the years ahead.
20 THE LAW AND PRACTICE OF ADMINISTRATIVE COURTS IN ETHIOPIA: THE CASE OF ADDIS ABABA CITY ADMINISTRATIVE TRIBUNAL , Abate Ayana
Addis Ababa city administration established an administrative tribunal based on proclamation No. 6/2008. Thus, the city administrative tribunal would revise administrative measures taken by the concerned city offices. In other words, it hears and decides on appeals which are brought to it by the civil servants. The study which adopted the survey research design mainly through personal interview with court administrators revealed that the city administrative tribunal has performed its function in proper manner and base on the laws. Besides, it is observed that in rendering decision the tribunal carefully followed the laid down procedures. Speedy trial was also one quality of the administrative tribunal. It was therefore concluded that the administrative tribunal operated in a legal and procedural sound manner. Nevertheless, for enhanced productivity, professional trainings for the staff of Addis Ababa City Administrative Tribunal in particular and Administrative Courts in Ethiopia in general should be taken seriously.
21 THE EMERGING LOG-JAM OVER VALID PERSONAL SERVICE OF ORIGINATING PROCESS ON REGISTERED COMPANIES IN NIGERIA , Dennis U. Odigie
This study aimed at examining the contending issues about the proper mode of service of originating processes on Registered Companies in Nigeria. A review of Company and Allied Matters Acts (CAMA)1999 relavant common law rules was adopted. It was observed that although some judicial decisions support the view that Registered Companies can only be validly served with originating processes at their registered or head offices, this study argued that those decisions were wrong, and influenced by the courts' inability to distill the true purport of Section 78(b) of CAMA, whilst ignoring the extant provisions of the applicable High Court Rules. It is the view of this study that services of originating processes on branch offices of companies remain valid so long as they ultimately reach the principal officers of the company. The need to reawaken the courts consciousness to the recognition of the in-built line of distinction between the two segments of section 78 of CAMA in the determination of propriety of service of originating processes on registered companies was recommended.
22 ARBITRATION AS A CONFLICT RESOLUTION APPROACH TO OIL SPILL COMPENSATION PAYMENT IN OIL PRODUCING COMMUNITIES OF RIVERS STATE, NIGERIA , Chima Jack-Osimiri
From time to time, the oil and gas prospecting firm seeks and obtains oil deposits in commercial quantity either offshore or onshore which belongs to the oil bearing community which she uses for exploration, exploitation and transportation of crude oil. But unfortunately; such crude oil and gas escape causing oil spill, consequent upon facility/equipment failure or any other cause(s), which subsequently destroys all economic assets used in fishing or cash crops and economic trees if it occurs on land. This unfortunate incident makes the oil bearing and host community to demand compensation, which in most times breeds in conflict such that the two parties engage in tirade of accusations and counteraccusations. The conflict is such that it has defiled all known antidotes, real or imaginary. Until arbitration was resurrected, studied and applied, before it became the messiah or saviour of the two warring groups. Hitherto, the conflict had led to the destruction of equipment/tools, loss of income, loss of company/man hours, peace, and abduction/kidnapping of expatriates/indigenous staffers. In the light of the grave consequences, the author recommended both direct and indirect approaches to deal with the incessant conflicts between the oil and gas firms and oil bearing and host community. Having known that conflict is an ill-wind that blows nobody any good
23 INSTITUTIONAL FRAMEWORK FOR CONSUMERS PROTECTION IN NIGERIA , Etefia E. Ekanem
This study examined the framework institutionalised for the protection of consumers in Nigeria. In particular, it x-rayed the administrative and regulatory mechanisms put in place for the protection of consumers and considered the attitude of the courts in matters affecting the consumers. It was evidenced from the study that there are several regulatory agencies, with functions sometimes overlapping, set up to advance the consumer's course. The effectiveness of these agencies is brought into scrutiny, as sometimes, their existence is hardly known to the consumers. The study exposed a general lacklustre approach of the courts in consumer protection cases and its adverse effect on the consumers. If the consumer is to take benefit of whatever legal framework institutionalised for his protection in Nigeria, some level of judicial activism are required.
24 INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA) AND THE DIPLOMACY OF SUSTAINABLE INTERNATIONAL NUCLEAR SECURITY , Martin Uadiale
The increasing threat and proliferation of Nuclear Weapons and materials across national and international boundaries have combined to pose severe threat to the stability of the international system. In this respect, the International Atomic Energy Agency (IAEA), has through its robust activities helped to enthrone the virtues of sustainable Nuclear security in our fast, but ever-changing world. This study concluded the IAEA, regardless of its numerous short comings, have proved to be an all important and quintessential instrument for strengthening sustainable Nuclear security, International Diplomacy, peace and security in the International system. Some reasonable but, indeed very practicable solutions as to how the agency could help mitigate the threat and challenges of Nuclear security in the face of the looming dangers from non-State actors in the International system such as the abolition of Nuclear Weapons by Nuclear States and national governments to the resolution of political conflict without the use of force was recommended.
25 THE APPLICATION OF AL-UQUBAT (ISLAMIC CRMINAL LAW) IN CONTEMPORARY NIGERIAN SOCIETY: CURRENT ISSUES AND THE WAY OUT , Oloso, K. K. and Ibrahim O. Uthman
The application of the Islamic criminal law in Nigeria with particular reference to the Northern Nigeria has a long and rich history. Contrary to the popular view usually expressed in many circles, it did not start with the re-introduction of the Islamic criminal law in 1999 by the then Zamfara State Governor. The existing literature on the classical application of the penal code in Northern Nigeria, as in many Muslim countries shows that there are a lot of current issues arising from a serious misinterpretation of these Islamic penal codes. This misinterpretation is due to the failure of Muslim scholars over the years to question the application of the Islamic penal law system in many Muslim countries, including Nigeria in line with the maqasid al-shari'ah or the ultimate objectives of the Islamic law. This review will therefore employ the maqasid al-shari'ah in order to examine some issues relating to constitutional and fundamental human rights of individuals and the Islamic Penal Law as it is currently operational in the Muslim world. Using these maqasid al-shari'ah schemes, the study finally calls for a reinterpretation of the criminal laws and legal system as implemented in Muslim countries.
26 RIGHT TO FREEDOM OF EXPRESSION AND THE LAW OF DEFAMATION IN NIGERIA , Imo J. Udofa
Section 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression as a fundamental right. This right is also guaranteed under the United Nations Declaration of Human Rights and other international human rights instruments. Provisions are also made in the Constitution and the respective International Instruments for restriction to, and derogation from this right. This study examined the extent to which the law of defamation has restricted freedom of expression in Nigeria and the role of the courts in balancing the two conflicting rights and interests. It was concluded that the legal requirements for proving civil defamation and the availability of defences have made it difficult for this tort to impose any meaningful restriction on the right to freedom of expression in Nigeria. However, criminal defamation and the offence of sedition are serious encroachments on freedom of expression and should be reviewed and reformed or expunged from the statute books.
27 THE MACHINERY FOR RAISING CAPITAL BY COMPANIES THROUGH DEBT FINANCES IN NIGERIA , Kunle Aina
This study aimed at examining critically the legal machinery for creating debenture by companies, rights of the debentures holders and methods of enforcement of the debenture in Nigeria. The machinery for raising capital through debenture is not well articulated in the Companies and Allied Matters Act (CAMA) 1990. The position of the law on the rights and duties of the parties to a floating charge is inadequate and reforms are urgently required as current edition of the law allows for fraud on unwary parties. This study’s submission was that the law be reviewed in such a way that many loopholes like the ninety day rule in Nigeria is changed, either reduced or changed to one of immediate notification of such transaction to the commission, to ensure some level of certainty in this area of the law.
28 RESTORATIVE JUSTICE AND ALTERNATIVE DISPUTE RESOLUTION: AN ANALYTICAL DISCOURSE FOR AFRICAN PROFESSIONALS , Don John O. Omale
The strong advocacy for Restorative Justice and Alternative Dispute Resolution in Africa; and evolving models is a welcomed development for penal reforms and conflict resolution. However, as an African adage says "it is when a tripod is being designed and constructed that the legs should be set straight to forestall cook wares falling". This study drew its strength from a completed Doctor of Philosophy (PhD) dissertation initially reviewed with the aim of setting the record straight in the meaning and conceptions of restorative justice and alternative dispute resolution for African practitioners. This is imperative because as the saying goes "words put differently make different meanings, and meaning put differently yield different actions". So if restorative justice and alternative dispute resolution must advance professionally, and as academic disciplines in Africa, practitioners and academics must understand the 'thin' differences inherent in the principles and practice of restorative justice, and alternative dispute resolution.
29 POLITICAL GODFATHERISM, VIOLENCE AND SUSTAINABLE DEMOCRACY IN NIGERIA , Korikye M. C, Wenibowei
The focus of this study was to examine the phenomenon of "Political GodFatherism" and its role in the politics of Nigeria. Though, the concept is as old as politics itself, its recent rise in Nigerian politics gives reasons for the evaluation of the concept and the impact it makes in the politics of the country. The findings of this study indicated that, the character of the State and the nature of politics in Nigeria has impacted on society, negative values that now threaten the fabric of the country's nascent democracy. Competition amongst godfather to control state powers through their favoured godsons has denied the electorates the right to elect their preferred candidates, thereby rendering elections ineffective. Besides, the fierce struggle for state power has also resulted in some of the worst electoral violence in the country, before, during and after elections. It was the candid view of this study that political godfatherism as practised in Nigeria is a potential threat to the sustenance of democracy. The study suggested attitudinal change and positve perception of politics by these groups of people.
30 WOMEN'S RIGHTS' PROTECTION: GLOBALIZATION OR LOCALIZATION? , Mojisola Eseyin
Contextually, the issue of globalization is a socio-political phenomenon. The issue of women's rights is also a socio-political issue. Howbeit, legal implications predicated on them remove them from mere social concerns to the issues of law. Law has its root in culture. This work advocated therefore, caution in the application of globalization euphoria to the issue of women's rights, as their protection is far beyond legal and globalization cosmetics, but entrenched in the application of a more holistic approach. It encouraged an enhancement of women's civil, political and social rights of citizenship, and engagement.
31 THE IMPACT OF CONSUMERS’ PROTECTION LAWS AND THE REGULATORY SCHEMES IN NIGERIA , Dennis Odigie and Job Odion
This Study was a review of the impact of Consumers’ Protection Laws and the Regulatory Schemes in Nigeria. The logical conclusion that readily flows from the context analysis of this study is that the Courts, relevant Consumer Protection Statutes and Regulatory Agencies have failed to offer the desired and much expected protection to the Consumer. Consequently, the Consumer is simply left unprotected and at the mercy of unconscionable manufacturers and pretentious traders. A model Consumer Protection Law that affords a remedy on the basis of defect in consumer goods, rather than resultant injury to the consumer among others is recommended.
32 THE ROLE OF CIVIL SOCIETY ORGANISAZTIONS IN DEMOCRATIC CONSOLIDATION IN NIGERIA: THE BIRTH OF A NEW ORDER , Martin Uadiale
Since Nigeria returned to Democratic Governance in May 29, 1999, Civil Society Organizations and Trade Unions , the original Vanguard of the Democratization process and an alternative platform for enthroning a democratic social order have become quintessential platforms, arenas and fora for emancipating, transforming and enthroning the birth of a new order and revolutionary spaces for sustainable nation building and development. To this end, Nigeria has a very strong civil society organizations and trade unions which have played constructive roles in the country's transitions toward democracy and democratization process as battle grounds for recovering citizen control of public life. As important forces and platforms for creating and recreating stability towards the consolidation of its nascent democracy and democratization process animated through popular participation, they have nonetheless become the basis for a durable new political authority, regardless of the plethora of problems besetting them generally. Hence, civil society remains the transformative, emancipatory and revolutionary designate through which social forces could recover citizen involvement, participation and control of public life. The sentiment, contention and temper of this is that: by empowering civil society to perform the supreme and quintessential role and functions, and especially involving civil society in the political and electoral processes, structures and institutions, animated through popular participations, would generate, construct and re-construct an indispensable basis for a durable new and stable political authority and order in Nigeria.
33 THE MECHANISMS OF CORPORATE MEETINGS UNDER THE COMPANIES AND ALLIED MATTERS ACT (CAMA) 1990 , Oluwasegun Isaac Aderibigbe
The purpose of this study was to assess the mechanism of corporate meetings under the Companies and Allied Matters Act (CAMA) 1990. This review revealed two major types of meetings, public meetings convened by individuals or bodies to which there is an open invitation extended to any member of the public, and meetings of bodies of which the members are limited and known. However, the study was preoccupied with the second category. Therefore, there is the need for the various Legislatures of countries to work towards enacting effective and efficient company legislation to that effect. It is recommended among others that in Nigeria that the fine of N50 for every day of default to hold a statutory meeting should be reviewed to be punitive.
34 THE RULE OF LAW AS AN INSTRUMENT OF SOCIETAL PROTECTION AND ITS IMPACT ON GENDER ISSUES IN NIGERIA , Akande, Idiat Funmilola
This study aimed at showing that the rule of law is not worthy of being so called in a polity where there is no societal protection and gender sensitivity. The review showed that the rule of law is an indispensable tool for the protection of the society and as such it could be described as the oxygen of a well governed polity, without it, governance will collapse and the polity will suffer. However, in the course of this study, the findings revealed that one of the major challenges of the operation of role of law in Nigeria is gender marginalization. In view of that, it was suggested that government (at all levels be it federal, state and local) must not relent in their efforts to embrace gender equality principles and practices through programme reforms and policies.
35 ELECTION VIOLENCE AND VOTERS’ BEHAVIOUR IN UGANDA: “SUCCESS OF DECENTRALIZATION STRATEGY” , David Mwesigwa
The aim of this survey was to appraise election violence and voter behaviour in Uganda. The rule of the thumb was used to draw the sample for the study. Copies of structured questionnaire were administered on the respondents using purposive sampling technique to study two urban centers in Uganda - Hoima and Kigorobya. Using the analysis of variance and Bonferroni tests as instruments of data analysis, findings indicated among others that voter motivation, political parties, voter perceptions and civic education have a strong contribution towards election violence among voters in Uganda. Forms of election violence could easily be as a result of voters perception, voter motivation, civic education and political organizations or parties. The mode of elections organized by governments presents a closer relationship between election violence and voter behaviour characterised by perceptions, motivation, civic education and political party activities. There was a significant positive relation between election violence and voter behaviour. If factors promoting election violence are to be dealt with so as to have a peaceful political system, the study submitted that political big wigs should embrace the culture of attitudinal change and see politics or elections as a game that there must always be a winner and a loser.
36 TRUST LAW AND THE ADMINISTRATION OF REAL PROPERTY IN NIGERIA , Ibrahim Abdulkarim
It was very rare in the past to hear of Individual title of land holding. It is a practice that was hardly known to customary law. This was looked upon as being repugnant to natural phenomena among Nigerians. The only systems of landholding known to the people then were communal and family holding. This indeed, was the gradual development of Individual land holding. Recent times have bring about the concept of trust in real property administration. The main characteristic of a trust is that a property is vested on the trustees not for their own benefits, but for the benefit of the beneficiaries. Instead of giving the property directly to the beneficiaries, the donor creates or establish a trust (a management institution) under a trust who will not only manage and safeguard the trust property and apply it in the manner directed, but will also make it productive. This study therefore was concerned primarily with examining trust law and the administration of real property in Nigeria.
37 CORPORATE TAXATION LAWS IN NIGERIA: A REVIEW , John, D. C.
It is a general knowledge that the field of law of taxation is complex and highly technical. It requires clear perception of fiscal terms and concepts as well as strict application of myriad of rules allowing various deductions and exemptions. Some of these concepts connote something more than what is commonly understood by the terms under non-tax statutes by the tax payers. Surprisingly, some of these terms are either not defined at all by the corporation tax laws or they are incomprehensively defined posing more confusion than clarification. Therefore, this study aimed at reviewing some basic concepts under corporate tax laws in Nigeria. Based on the findings of this study, it was suggested that a reconciliation of two enactments thus the CAMA and CITA to a policy of charging tax on profit rather than charging on turnover be given immediate attention.
38 LEGAL PROTECTION OF BUSINESS INVESTORS IN NIGERIAN STOCK EXCHANGE , Ajabor Ifeanyi E. and Benemone E. Osadi
This review x-rayed the fundamental areas where investors are protected under some Nigerian laws. However, the rationale behind investors' protection is two fold. Firstly, to protect investors from fraud and secondly to ensure that the security markets work efficiently without suffering from fraud. The study therefore periscoped the legal framework for investors protection, fiduciary duty of directors and the surrounding provisions which enjoins a director to observe utmostgood faith, best interest of the company, interest of the employees, powers for proper purpose, duty not to abdicate power and much more. Conclusively, it was recommended among others that investors' protection should be provided under the Nigerian laws supported with proper enlightenment campaign so as to avoid fraud and high interest investment companies from exploiting them.
39 THE PRAGMATIC NATURE OF PRIVATE DEFENCE UNDER CRIMINAL JURISPRUDENCE IN NIGERIA , Akande, I. F.
The study aimed at examining the practical operation of the right to private defence in Nigeria by virtue of the various constitutive legal instruments operating in the field of criminal jurisprudence. The sources of information relied upon here, are relevant statutes, texts, journals (both local and international) and conference papers. The finding is that the enabling provisions on the subject matter is not smooth sailing. This is because the exercise of the right to private defence is further tied to the satisfaction of certain conditions which ordinarily the user will not advert his mind too and if case is not taken, in the attempt to prevent the commission of an offence which is about to be done to him, he becomes criminally liable in the reverse. In this regard, the study concluded that there is the problem of uncertainty as far as the instruments of self defence are concerned. In order to erase the problem of uncertainty, the user of the right must exercise caution in order to succeed in the courts. Pending when an amendment is made.
40 EVIDENTIARY PRESUMPTION OF DRINKING AND DRIVING CASES AND THE SUSPECTS’ RIGHT TO COUNSEL UNDER SOUTH AFRICAN LAW , Wium de Villiers
South African legislation makes it an offence for a person to drive a vehicle on a public road while the concentration of alcohol in any specimen of blood or breath is in excess of the prescribed minimum. If it is proved that a sample taken within two hours of the alleged contravention is in excess of the prescribed minimum, it shall be presumed that the concentration of alcohol was above the prescribed minimum at the time of the alleged offence. The purpose of this study was to examine whether the Two-hour Evidentiary Presumption in the Context of Drinking and Driving Cases is Sufficiently a Compelling Factor to Override Suspects' Right to Counsel under the South African Law? This study also investigated whether the suspect is entitled to counsel during the two-hour period and if so, whether the suspects' right to counsel has been violated or whether evidence of the sample should be excluded. Under South African law the suspect is not afforded the opportunity to confer with or to be assisted by counsel when the sample is taken in this crucial timeline. In conclusion, safeguards must be built into the system to help protect the due process rights of a person suspected of drinking and driving under South African law was recommended among others.
41 TWELVE YEARS OF DEMOCRACY IN NIGERIA AND THE IMPERATIVE FOR RAPID DEVELOPMENT: THE JOURNEY SO FAR , Ajayi, T
The aim of this study was to examine critically the twelve years of democracy in Nigeria between 1999 and 2011, and the imperative for rapid development. This study is reviewed within the twelve years that Nigeria started this journey on a "neutral course" and there is a need to find out how far and well we have traversed this course. This paper shared the truth that it is never too late to make a new start, if necessary. The appeal of this work lies in the fact that this is not a foreign critique of Nigeria's democracy as the study cannot be accused of hypocrisy, conspiracy or "bad belle". This, indeed, is a patriotic assessment of the tender and genuine steps taken, so far, towards optimal democracy. This presentation would attempt to find out why the black man prefers to turn the operations of democracy upside down. Why has it continued to be difficult to organize free and fair elections in the Dark Continent? The implication is that democracy has not grown firm roots in the terrain of the upcoming generation. That is a recipe for disaster. Democracy must be made appealing to the younger generation. It is in them that the taproot of democracy must be sown. The inability to popularize democratic tenets among the youths is the greatest evidence of slow pace and inertia in our democratic quest. However, our leaders still have time to address all these shortcomings and to make a new determined start. On the part of the citizens, prayer for men and women of sterling character and spirit might be a good starting point.
42 CIVIL SOCIETY AND DEMOCRATIC GOVERNANCE IN NIGERIA , Ibitoye, M. O.
It is quite intriguing that fifty-two years after Nigeria attained her nominal independence from her colonial masters and twelve years into her democratic dispensation following a protracted and most challenging struggle against a rapacious military hegemony, the dividends of good governance have largely eluded the majority who wallow in abject poverty in the midst of abundant resources. Thus, the current democratic experiment appears to be fraught with similar imperfections that plagued the past democratic attempts thereby making transformation a myth rather than reality in Nigeria. The dire need to institutionalize the culture of good governance in Nigeria so as to improve the quality of life of the Nigerian people informs the position of this study. Hence, civil society has been adopted as a veritable tool for achieving good governance. This paper, therefore, attempts to carry out a thorough exposition of civil society organization vis- a- vis its transformatory role as an arbiter to redeem the Nigeria society from imminent total collapse as the country is yet to arrive at the ultimate destination of democracy as the government of the people, duly elected by the people, in the service of the people
43 PROSECUTING CORRUPTION AND THE APPLICATION OF PLEA BARGAINING IN NIGERIA: A CRITIQUE , Adeleke, G. O.
This study focused on the incidence and the prosecution of corruption in the Nigerian society with specific emphasis on plea bargaining which has been applied to prosecute some politicians (Politically Exposed Persons) and other people in the upper echelons of the Nigerian society, and that is gradually becoming widespread in criminal prosecution in Nigeria. The origin and merits of plea bargaining, as its protagonists argued, were analysed. The central focus here is a critique of corruption prosecution through plea bargain based on moral and utilitist principles. The study precisely advocated for outright dropping of the plea bargain in corruption prosecution in Nigeria because of its tendency to deepen and extenuate, rather than making mild and abating corruption in Nigeria. Given the patron-client character of power relation in the Nigerian state, the stipulations of anti-graft laws should be strictly followed in order not to make corruption.
44 OCEANS POLICY AS A SUSTAINABLE TOOL FOR THE REGULATION OF THE MARINE ENVIRONMENT , Akaso, A. A.
The world's oceans provide the shipping industry with an unrivalled opportunity to bypass the clutches of regulators and thereby gain an economic advantage. The goal of maritime regulators is to close the net; as a result, in the past decades the regulatory regime has become a central factor in the economics of the shipping market. This report examines oceans policy as a sustainable tool for the regulation of the marine environment; employing a descriptive research methodology. The findings reveal that while the goals of a country's ocean policy may include the promotion of ecologically sustainable development and job creation as well as promotion of public awareness and understanding. The objective of any national oceans policy is to provide a strategic framework for the planning, management and ecologically sustainable development of a nation's fisheries, shipping, tourism, petroleum, and gas and seabed resources while ensuring the conservation of the marine environment. This report also submits that it is not the systems, but the way they are applied and enforced which needs constant improvement. This is because oceans policy has a role in balancing national interest and ensuring internationally that the nation does not lose more than it gains by new measures. Accordingly, the report substantially subscribed to the claims that the Australia's oceans policy demonstrates "world leadership by implementing a coherent, strategic planning and management framework for dealing with complex issues confronting the long-term future of the oceans of the world".
45 GOOD GOVERNANCE: A VARIABLE TOOL FOR NATION BUILDING IN NIGERIA , Akinlade, M. T. and Igbalajobi Muiliu
An alarming and recurrent theme in the political system of Nigeria is pluralism. The pluralistic nature of Nigeria is as a result of colonialism and the eventual fusion of various independent nations. Serenity and harmony have since taken their flight thereby giving way to discord and crises among the different ethnic groups that make up the country. The divides of the society are often used for the identification of those to be iynched, hence ethno-religious consciousness becomes the beginning of wisdom in Nigeria. The thrust of this paper therefore, is an historical account of the reasons for the fusion, the attendant usage of differences for unhealthy rivalry by Nigerians, identification of efforts at nation building with a submission that good governance would surmount such rivalries and make Nigerians see one another as siblings or belonging to the same nation irrespective of place of origin.
46 DEMOCRACY AND THE STRUGGLE FOR POLITICAL EMPOWERMENT OF WOMEN IN NIGERIA , Nelson, E. E.
This paper discusses women's participation in politics and governance in Nigeria, in order to unravel the dynamics and factors that limit their visibility in the political system. Women's participation in politics in Nigeria has remained a contentious issue, despite many decades of struggle to improve their lot politically. Following an analysis of the ways in which gender relations shapes the lives of Nigerian women, and an extensive review of the trajectories of women's political participation in Nigeria, it is contended in this paper that a conundrum of factors, including contestable notions of citizenship, monetization of politics and poor socio-economic conditions of women, prevailing cultural attitudes towards women in politics,militate against women’s advancement. Other factors like corrupt, violent and prebendal electoral officialdom and a state-centered policy of quotas, collude to limit women's political advancement. Noting the role of unfavourable gender relations and state-centered structures and institutions in the political exclusion of women, it is suggested that a core group of women political activists mobilize around a vision of radical transformation and pursue incremental access to political power beginning at the local government level.
47 LEGAL AUTHORITY OF COASTAL STATES IN THE INTERDICTION OF FOREIGN VESSELS ON THE HIGH SEAS , Akaso, A. A.
The terror attacks of 11 September 2001 dramatically changed the course of world events. It is observed that they have led to a re-definition of the threat to US, Europe and indeed the global security as the nexus between terrorism and weapons of mass destruction (WMD), and the possibility of access to such weapons through failed states or 'rouge regimes'. Accordingly, this report examines the legal authorities or otherwise of coastal states to engage in the interdiction of foreign vessels on the high seas. The reporter used a descriptive research design method. The findings indicate that in the wake of 9/11, Washington initiated its Global War on Terrorism (GWOT), first in Afghanistan and then in Iraq. The Proliferation Security Initiative (PSI) proposal to establish a comprehensive enforcement mechanism which aims to restrict WMD trafficking in the air, on land and at sea. The threat to international community through the proliferation of WMD has been recognized by both individual coastal states and the wider international community; but the methods available to deal with the threat have not enjoyed the same degree of international consensus. Any coastal state sanctioning action directed at interdicting foreign ships on the high seas would be running the risk of breaching international law and may leave the authorizing state liable to a claim in compensation. Although the PSI maritime interdiction activities breach international law, a coastal state intent on pursuing such interdiction activities has an array of options available in which to chart a course around the heavy rocks of illegality of such activities.
48 RELATIONSHIP BETWEEN ENVIRONMENT, ETHICAL VALUES AND THE NIGERIAN PUBLIC SERVICE , Ladipo, O. O.
Enhancing and maintaining public trust in the institutions of government is fundamental to the work of public servants. Ethical values provide the basis for judgments about what is important for the organization to succeed in its core business. It is against this backdrop that this paper takes a cursory look at the role played by the socio-economic environment on people's performance in the organization. It established that an individual's ethical development occurs before entering an organization. It however concluded that it is essential for organizations to identify and establish ethical standards through rules and regulations. The Public Service Rules (2008) and the Civil service Handbook provides these rules for public officers in Nigeria.
49 AFRICAN UNION IN THE MAINTENANCE OF PEACE AND SECURITY OF AFRICAN COUNTRIES: CHALLENGES AND PROSPECTS , Wilson, O. S.
The African Union by its declaration is committed to the total integration of all African states and unity of action based on shared values and common, development interests and goals. To this end, the challenges facing the African union include the problems of infrastructures and inadequate social services. The African states are plagued by political instability, ethnic conflicts, refugees/ internally displaced persons and fragile civil institutions. These problems are compounded by globalization, New World Order and heavy burden of external debts that make life difficult and the future dim and gloomy. These challenges and struggles by the African leaders to face up to them have precipitated the writing of this research paper. In doing so, the study traced the historical concept, evolution and final emergence of the union. The research project carefully looked into the act establishing the AU and compared with the charter of the Organization of African Unity (OAU) and appreciated the necessity of its establishment. The study has noted that AU was modelled after the European Union (EU) and therefore, efforts have been made to study the two unions so that the AU will benefit from the experience of the EU. In concluding the study, it is recommended inter alia that African Union make peace and security a priority and harmonize general policies and Infrastructural development. The hope that this study will contribute its widow's might to the development of AU is imperative. We cannot afford to fail this time, as the consequences are better imagined than experienced.
50 LEGAL KNOWLEDEGE OF TORT LIABLITY FOR TEACHERS IN THE NIGERIAN SCHOOLS , Nakpodia, E. D.
This paper reviewed teachers' knowledge of tort liability in Nigerian secondary schools. Based on this, the paper deals with civil and criminal law, relationship and resemblance between crime and tort, tort and contract, constituents of tort, wrongful act, damage, damnum sine injuria (damage without injury), injuria sine damno (injury without damage), remedy, the teacher and victimless crimes in schools, some general conditions in torts, intention, motive, negligence and recklessness, malfeasance, misfeasance and nonfeasance, and Fault. However, opinion among jurist differ as regard tort liability. The tort law has been developed and rooted in the legal arena.
51 The Relevance of Public Complaints Commission to Nigeria's Democratic Development , Kunle Aina
The paper critically examines the statutory provisions on the Public Complaint Commission (hereinafter called the Commission), and make appropriate suggestions for reform. The Public Complaints Commission is a statutory creation with wide powers of inquiry and investigation: it has wide powers to receive complaints from members of the public against maladministration and misuse of administrative machinery by any public authority and companies or their officials. In Nigeria like other developing countries, the use of administrative power by officers of government and their institutions to oppress, victimize and discriminate against the citizenry is quite common and rampant. The use of administrative powers to flagrantly abuse the citizen's human rights and freedom is also a common occurrence. Thus, there is the need for government to intervene and take definite action to stem this problem that is gradually embarrassing the government, which led to the promulgation of the Public Complaints Commission Decree 311 (now ACT)2 of 1975.
52 Exposition of the Principle of Collective Security Under the ECOWAS Treaty of 1993 , John, D. C.
The Economic Community of West African States known as the ECOWAS Treaty was first established in 1975 with the aim of creating an economic union in the West African sub-region similar to the European Economic Union (EEU) to foster the development of trade, commerce and investment in different economic perspectives. As time goes by, several challenges were encountered such as political, economic and socio-cultural instabilities. These necessitated the need to amend the ECOWAS Protocols which was done under the ECOWAS Treaty of 1993 to address the new situation particularly on security issues. The conflicts in Liberia, Sierra Leone, Cote d'Voire and Mali are good examples. These political, economic and social upheavals undermined the main aims and objectives of the ECOWAS Treaty. It is based on this background that it was considered necessary to expand ECOWAS mandate to include matters on collective security in addition to the economic objectives under the ECOWAS Treaty of 19931 . In this vain, we shall consider different aspects of these ECOWAS protocols by examining in particular, the issues of collective security under the ECOWAS articles, mandates, the legal provisions and case laws where applicable.
53 Corporate Litigation and the Majority Rule: Retreating from the Precipice , Aderibigbe , O. I.
Corporate litigation is one of the methods of resolving both internal and external corporate disputes; however Company Laws all over the world establishe a number of different forums for the resolution of internal corporate disputes that occur between directors inter se, shareholders inter se, or between shareholders and directors. However the Majority rule seems to undermine the rights of the minority share holders to seek redress for wrongs committed against the company. Thus the need to protect the minority members of the company and retreat from the precipice of the Majority rule. To enhance the protection of the minority, the Supreme Court's decision in Edokpolo & Company Ltd v. Sem - Edo Wire Industries Ltd1 , which added an exception to the list of exceptions to the majority rule stating that the rule in Foss v. Harbottle will not apply when the interest of justice requires it, should be included to the statutory exceptions under CAMA. Consequently, judicial authorities suggest that the law is closing gradually on the rule in Foss v. Harbottle with a demolishing hammer; therefore I would recommend in line with the tide of informed opinion, that sections like section 2992 should be reviewed appropriately to meet the changing faces of law because "the reason of law is the soul of law; ratio legis est anima legis".
54 Workability and Effectiveness of Assets Management Corporation of Nigeria Act 2010: Intervention in the Nigeria Banking Sector Crisis , Mmadu, R. A. O.
The challenges and prospects of rescue interventions to corporate failures and the Banking Sector Crisis in Nigeria are the focus of this paper. In Nigeria, the impact of the global economic crisis shifted from the capital market to the banking sector where an estimated $10 billion of toxic assets were held by banks whose assets suffered capital erosion due to market collapse. This paper assesses the rescue intervention by the Central Bank of Nigeria through the Assets Management Corporation of Nigeria Act 2010 (AMCON Act) and employs as a method, analytical exposition of the Act in this work. The paper finds that lack of corporate governance and incentive problems caused Nigeria's banking sector crisis. It argues that though the provisions of the AMCON Act are aimed at compelling corporate governance and international best practices, inherent weaknesses and inconsistencies with superior legislations leave a big question mark on its applicability and effectiveness. The paper calls for legislative rethink if Nigeria must prevent future failures in the banking sector and rebuild confidence in the investing public as well as in bank depositors.
55 Conflict and Sustainable Democratic Good Governance in Nigeria: A Theoretical and Philosophical Exposition , Adeleke, G. O.
There is a cordial relationship between good governance and the existence of peace and stability in the society. When the leaders and the led are treated with equity to the socio-economic resources of the state, the state is run as an organic whole, and there will be peace and stability in the society. This paper argues that in Nigeria the contrary is the case, even under democratic regime, which is expected to be harbinger of economic prosperity for the people, thus violent reactions from the citizenry Is a coping strategy against the misrule of the leaders as it has brought a lot of poverty amidst plenty to the average Nigerians. The paper suggests that one of the ways out of the problem is adoption of dialogue and mutual understanding between the leaders and the led, based on the provision of good governance by the government and co-operation with the government by the citizens for Nigeria to attain sustainable democratic good governance.
56 Prostitution under the Sexual Offences Act in South Africa: A Constitutional Test , Nyathi-Mokoena, U. C. A. and Choma, H. J
The paper aims at tackling the international instruments that address the issue of prostitution as it relates to the right to work as enshrined in the South African Constitution. The South African Constitution is the ultimate standard against which proposals for reforming the law on prostitution must be measured. Prostitutes should be afforded those particular human rights that are extended to women under international treaties and the South African Constitution. On this premise, it is obvious to state that sex workers are firstly human beings before they can be labeled prostitutes, which means they deserve to be treated equally as human beings. They are only rendered vulnerable to abuse by the type of work that they engage in. However, the supreme law of the country (the Constitution) expressly states that every citizen has the right to choose their trade, occupation or profession freely; but the practice of a trade, occupation or profession may be regulated by law. This should be taken to include the sex workers. They should be free to engage in their practice for as long as they enter the industry voluntarily. The security agents may only be involved where one is compelled to enter into prostitution, which will then mean that they would be dealing with the one who compels the sex worker to enter into the industry and not the sex worker herself. In this case the sex worker would be a victim in need of protection.
57 Implication of the Political and Economic factors in the rise of “Boko Haram” insurgence in Nigeria , Martin Uadiale
This paper seeks to contextualize the political and economic factors in the rise of the phenomenon of Boko Haram in Nigeria. It argued that Boko Haram represents a very complex matrix of both domestic and international dimensions that have also fueled extremism by Non-State Agencies (NSAs) in Nigeria since the 1980s. This paper demonstrates how 'political elites' have used 'religion' to increased 'bargaining power' and 'political space', as well as compete for access to 'state power', in the light of the incidences of 'state failure' and 'alienation in Nigeria. The paper further holds that Boko Haram represents the realities, exigencies, intricacies and extricacies of the nature of politics in the neo colonial Nigerian State, i.e. the politics of violence and the violence of politics by the elite class. To this end, this paper recommends among others that good governance, accountability, transparency and equity would restore governmental legitimacy
58 Corruption in Nigeria: Perceived Challenges of The Economic and Financial Crimes Commission (EFCC) in The Fourth Republic , Umoh, O. O. and Ubom, A. S.
Although corruption in Nigeria is often traced to the pre-colonial era, the trend became exacerbated during the 'corrective' military regimes, beginning from the mid 1980s. Since then to date, corruption has sustained in the Nigerian polity, steadily permeated the walls of subsequent governments and negatively impacted on all facets of the economy. Paradoxically, while successive administrations, researchers, non-governmental organizations (local and foreign), and many other stake holders have instituted various mechanisms and initiatives aimed at stemming the tide of corruption in Nigeria, the scenario continues to assume a deplorable state by the day; a condition which has already caused devastation of huge proportion and is ready to wreck further havoc if left unaddressed. Therefore, drawing quantitative data from one hundred and eleven (111) staff of the Economic and Financial Crimes Commission (Port Harcourt Zonal Office), this paper adopted the cross sectional survey design to explore corruptionrelated challenges faced by EFCC in Nigeria's fourth republic. Attempts to account for the prevalence of corruption in Nigeria placed this study within the ambits of Alfred Bandura's Observational Learning theory. The study was directed by three research questions and insights gleaned from frequency counts and percentages confirmed that the immunity clause is a major impediment to EFCC's fight against corruption in Nigeria. Results also indicated that high poverty rate in Nigeria impact negatively on EFCC's fight against corruption. Based on these findings and cognizant of the various dimensions of abuse of the constitution perpetuated by Nigerian politicians and public servants, this paper among other things, throws it weight behind the recent call for the review of the 1999 constitution of the Federal Republic of Nigeria with the specific import of amending section 308 (1).
59 The Fulfillment of Key Socio-economic and Fundamental Rights in Nigeria: Akwa Ibom State as a Paragon , Uko, E. J.
This article examines the fulfillment of key socio-economic and Fundamental Human Rights in Nigeria, taking Akwa Ibom State as a noble paragon. Notable among the fundamental human rights of focus are the socio-economic rights to education, health care, housing/shelter, and food/water. The article equally delves into the extent of protection and fulfillment of the rights of the most vulnerable members of society, including the aged women, and children, in accord with the dictates of international human rights law. The paper then weighs the fulfillment of the above rights in a legal balance, noting the security situation in Akwa Ibom State and the entire Niger Delta Region in the light of the provisions of international human rights documents on the rights to security and security of the human person as necessary adjunct to peace, stability, economic progress and human growth. Noting that the right to security/security of the human person cuts across the provisions of the International Covenant on Civil and Political Rights, (ICCPR) first generation of rights and second/third generation of human rights. The paper indepthly examines how a relegation to the background of the right to security of the human person can singularly render nugatory other achievements or progressive developments in terms of promotion, protection and fulfillment of other categories of rights. Despite the security challenges, which have become not just a state, or national challenge but also a global problem, the paper however scores the present administration of Akwa Ibom State (under Governor Godswill Akpabio), very highly for the visionary strides in terms of fulfillment of basic socioeconomic rights and responsiveness to the needs and rights of children, women and the elderly.
60 Post Mortem Examination of the Collapse of Enron and the United States Sarbanes–Oxley Act 2002: Lessons for Nigeria , Mmadu, R. A.
The challenges and prospects of rescue interventions to corporate failures in the United States is the focus of this paper. The collapse of Enron and the lessons from it to corporate Americans and indeed the world at large forms the case study of this paper. How could America’s seventh largest corporation suddenly descend to bankruptcy? The paper assesses the legislative interventions of US Sarbanes–Oxley Act 2002 by employing as a method, analytical exposition of the Act. The paper finds that governance and incentive problems contributed to Enron’s rise and fall. It argues that though the provisions of the Act are aimed at compelling corporate governance and international best practices, inherent weaknesses and inconsistencies with superior legislations leave a big question mark on their applicability and effectiveness. The paper calls for legislative rethink if the corporate world must prevent future ‘Enrons’.
61 From Social Justice To Islamic Revivalism: An Interrogation of Sayyid Qutb's Discourse , Uthman, I. O.
While Sayyid Qutb is an acclaimed Islamist and leader of the Muslim Brotherhood in Egypt, that he has not been fully understood is confirmed by the persistent view that he laid the foundation for the prevailing 'Islamic terror and Islamist fundamentalism' all over the globe. Though there is a panoply of works that have attempted to explain and clarify this misunderstanding of Qutb's Islamic revivalism and reformism through a study of his writings and works yet the argument that his Islamic revivalism added to his zeal for rejecting modernity, leading to 'Islamic terror and Islamist fundamentalism' leaves some questions such as how did he move from a pure social justice crusader to an Islamist? Why did he hate America? Does his work provide inspiration for Islamic militancy, fundamentalism and terrorism? Did his childhood upbringing, education, works and Islamic revivalism give insight into the socalled phenomenon of 'Islamic terrorism still begging for answers. This paper is premised on the argument that Qutb, as a true African, despite his critical analysis and condemnation of the West and in fact all Muslim societies which he terms Jahili Societies, was totally opposed to all acts of terrorism as well as irrational and extreme interpretation of Islamic fundamentals. This is revealed in his revivalist and reformist works, especially Fi Zilal al-Qur'an, which are still inspiring Muslims, especially his views on the rights of Muslim women and their place in modern society.
62 Elections and Political Violence in Nigeria: Past Mistakes and Challenges Ahead , Abdullahi, M
Elections in Nigeria over the years have become much more than a democratic process of acquiring political power. We have for some time now witnessed escalating political violence in different parts of the country, with increasing loss of faith between the electorates and politicalleaders. During the last general elections of April 2011, there were charges and counter charges by the political parties of rigging and general abuse of power at the federal and states level. Riot, arson, murder and looting became widespread in many states particularly in the northern part of the country. This paper intends to look at the process of conducting elections in Nigeria and how it caused political violence and make recommendations on how to bring to an end the increasing wave of violence in the electoral system. This is significant because as 2015 draws nearer, there is increasing fear and apprehension about possible political violence across the country. Fundamentally, there is need for political education and youth’s empowerment to convert election violence in our polity.
63 The State Governors and the Administration of Local Governments in Nigeria: Implications for Good Governance , Aliyu, M. K.; Afolabi, O. S. and Akinwande, A. E.
This study reviews the administration of local government councils in Nigeria as an extension of the state by elected State Governors, without recourse to the dictates of constitution. The paper x-rays the factors that accounted for the ugly scenario and the implications of such practice on good governance and political system as a whole. In this article, a number of suggestions have been made such as respect for the rule of law, due process, democratic principles and their implementation will no doubt further enhance the administration of local governments for effective service delivery and good governance at the grassroot level.
64 Taxation of Petroleum Profit under the Nigeria’s Petroleum Profit Tax Act , Lawal, K. T..
The aim of this paper is to examine the ownership, the legal framework as well as the basic components of the petroleum profits, which components are revenue, adjusted profits, assessable profit, chargeable profit, assessable tax and chargeable tax. This article focuses on the assessment of the petroleum profit tax under the Petroleum Profit Tax Act, Cap P 13, Laws of Federation of Nigeria, 2004 as well as judicial authorities regarding same. Nigeria’s economy is totally dependent on oil. The revenue from oil accounts for over 85% of the entire revenue of Government and about 95% of foreign earnings. Initially, Government’s interest in oil was only limited to the collection of royalties and other dues from the oil companies and making rudimentary laws to regulate the activities of the oil companies. However, with the discovery of crude oil in commercial quantities, the role of Government in the sector gradually progressed from mere regulatory to direct involvement in the oil exploration. The oil boom has led to more revenue through tax and royalties. It concludes that when the proposed Petroleum Industry Bill, currently under review at the National Assembly is eventually passed into law, it is believed that it will bring about the much desired development in the sector.
65 The Efficacy of the Legal Framework of Agricultural Charge as Secured Credit Transaction in the Economic Development of Nigeria in the 21st Century , Iwunze, V. I.
Given the background of an underdeveloped agricultural sector and the huge amount of money government at all levels have at various times committed to the development of the sector in the form of agricultural loans to farmers, this article assesses the efficacy of agricultural charge as secured credit transaction in Nigeria. It shows that due to legal, institutional and attitudinal deficiencies, agricultural charge as secured credit transaction has failed to engender needed development of the agricultural sector particularly and the Nigerian economy generally. It concludes that if the present effort of government at diversifying the Nigerian economy, mainly in the direction of agriculture must yield results, a legal, social and economic environment that facilitates the use of farms as security for advances must prevail.
66 The Validity of the Doctrine of Restraint of Trade Under the Nigerian Labour Law , Uko, E. J.
The doctrine of restraint of trade presents itself as a double-edged sword that can both do and undo. While it seeks to prevent abuse in regards to certain trade practices on the one hand, it tends to proffer excessive abuse and violations of the individuals’ rights to certain trade freedoms, if wrongly and widely applied, on the other hand. This article explores the various dimensions that cut across diverse boundaries touching human rights, ethics, equity, trade customs and other considerations. In as much as the doctrine of restraint of trade has come to stay, the courts as final arbiters have ensured that there be standards and guides, and this helped them to, in any given case, decide whether such agreement is valid or not. In conclusion, therefore, this work notes that there should be a legal framework, that will reduce likely and imaginary situations and circumstances that may give rise to litigations in black and white.
67 Human Rights and Access to Information and Communication Technologies , Nnenna Ifeanyi-Ajufo
The world is going through a profound change where advances in Information and Communications Technologies (ICTs) have tied nation states into an increasingly complex web of development, 1 thus prompting the extreme importance of access to ICTs.2 Article 27 of the Universal Declaration on Human Rights (UDHR)3 provides that ‘everyone has the right to participate, enjoy and share in scientific advancement and its benefits’. Though, billions of people the world over are presently excluded from access to ICTs necessitating the submission yet those who lack access to ICTs are extremely marginalised from present day development. This article critically weighs the immense importance of ICTs to everyday living and global development, the relationship between access to ICTs, law and human rights and recommends the adoption of a human rights-based approach towards bridging the ICTs or digital divide.
68 Women Participation in Leadership Positions: A Beacon of Social Change in Nigeria , Igbokwe, J. O.
Discrimination of women against elective and appointive policy making positions at Federal, State and Local levels is still prevalent. The work is taking a critical look at the role of women in leadership positions in Nigeria with specific aim of shading light on the fact that women are agents of social change. It is observed that notwithstanding the cultural barriers and discrimination against womenfolk, they are naturally endowed to become indispensable tool for nation’s building. Therefore, if given the opportunity to participate in the general governance structure, our economy can eventually surmount the apparent developmental hurdles and can create positive impact in society.
69 The Implications of the Upsurge of Female Criminality in Nigeria , Ameh, S. O.
This work looks at the implications of the upsurge of female criminality in Nigeria. The work draws it strength from consulting numerous materials. It supports the assertion that more women are now involved in crime. The work infers that they have always been attracted to and actively involved in crime. Poverty, change in the traditional roles of women, the quest for economic occupations and unbiased criminal justice agents are identified as the main reasons for the increase in female criminality. The upsurge of female criminality is not without implications, as such, this study revealed that it will not only destroy the socialization structure of the society, it is a sure way to norm-less state. The need to discourage female criminality in Nigeria call for encouragement of women in the form of education and training, employment opportunities to reduce poverty and income disparities, and traditional leader as well as religious leaders involvement in the correctional process.
70 The General Unenforceability of Collective Agreements under Nigerian Labour Jurisprudence: The Paradox of Agreement without Agreement , Vincent Iwunze
This study considers the status of collective agreements under Nigerian labour law, examining the extent of their enforceability under the extant laws. It considers the emerging trends in some more advanced jurisdictions of the world in that regard and comparatively portrays the anachronisms of the Nigerian law on the point. It takes the position that the current legal climate as regards the legal status of collective agreements under Nigerian law is potentially disruptive of industrial peace and harmony and is bound to occasion serious hardship on employees. The work suggestes among others a jurisprudential shift in paradigm if the Nigerian labour jurisprudence must meet and be reflective of modern socioeconomic realities.
71 Challenges of Digital Music Copyright and the Liability of Internet Service Providers , Nnenna Ifeanyi-Ajufo
Today, everything can be googled, copied, pasted, downloaded, shared and replicated without the knowledge of a copyright creator, who may be residing within the neighbourhood of his copyright infringer, let alone on the other side of the world. The nature of the internet has made respecting, protecting and adhering to copyright laws very difficult. Many commentators argue that the digital era has put copyright law under increasing pressure both at national and international levels particularly in respect of musical works and sound recordings. Holding copyright infringers accountable for violating copyright laws, especially on the internet has become a huge issue. In the light of International Initiatives, this work looks at the responsibility and liability of internet service providers for copyright infringement in respect of musical works and sound recordings.
72 Policy Implementation and its Challenges in Nigeria , Effiong, A. N.
This review is designed to critically evaluate the problems of policy implementation in Nigeria. For in-depth analysis, the transformation agenda of Jonathan’s administration is used as a case-study. The central thesis of the work is that the effectiveness of public policy in solving societal problems is impeded by domestic factors. From the case-study analysis it was uncovered that such domestic forces as, lack of credible information, reliable statistics, manpower shortage, inadequate funds, corruption as well as over-ambitious policy goals are the problems. On the basis of the findings it is recommended among other things, that there should be a complete real reform of the entire policy framework. This exercise requires systemic policy initiative.
73 Nigeria and the Challenges of Nation Building in the 21st Century , Ele Samson
Nation building is a complex task that requires the fixing of so many contending issues. With the attainment of political independence from the British 5 decades ago, it was expected that Nigeria would emerge as a technologically strong and industrialized nation-state that would command respect in the committee of nations. Paradoxically, the current tides of poverty, unemployment, ethno-religious crisis, poor infrastructures, corrupt and bad leadership, environmental hazards, insecurity including boundary disputes, human trafficking and brain drains, are all indications pointing to the fact that Nigeria is yet to reach the bench mark of development in the 21st century. This work is therefore designed to examine the factors militating againstNigeria’s journey to sustainable national development in the 21st Century.
74 The Challenges of Democratic Governance in Nigeria , Enahoro, N. I.
This review sets out to examine the challenges of democratic governance in Nigeria. Specifically, the work focuseS on some inescapable facts, such as concept of governance and politics, democratic governance, corruption as well as erosion of federalism by Nigerian leaders. The study observes that a government that does not recognize that it holds power in trust for the people is one of the challenges of Nigerian democratic governance. In addition, the work highlights the importance of willed, handful of well meaning totally committed and uncompromised people, to turn the tide and bring about the much needed change to a true democracy in Nigerian governance. Sequel to the findings of this work, it is recommended that, consistent audit should be carried out in Nigerian democratic governance, the properties of genuine federalism be enhanced, elected officials must possess and demonstrate excellent leadership qualities and credentials for the offices they occupy.
75 Democracy and the Making of the President’s Cabinet in Nigeria: A Reflection of the Olusegun Obasanjo’s and Goodluck Jonathan’s Cabinets , Tunde Adeniran and Tunde Ajayi
The Presidency, especially in Federal systems, holds peculiar and haunting fascination for scholars in their attempts to diagnose the workings of modern governments. The increasing powers of the Presidency, the recurrent debates over their use or abuse and the continuous interrogation of the extent of the legitimate use of such powers, invariably compel attention to the study of the Presidency. In Nigeria, a critical inquiry that goes beyond the surface seems to be long overdue and an appraisal of the making of a Presidential cabinet appears a vital part of the advancement of knowledge in this regard. Thus, this study is a review of democracy and the making of the presidential cabinet in Nigeria with a reflection of the Olusegun Obasanjo’s and the Goodluck Jonathan’s Cabinets. The aims are (i) to investigate the role of the President as crisis manager when a nation faces serious internal security challenges; (ii) to appraise the President’s role as manager of the economy – especially when fiscal and monetary policies are set in the context of double – digit inflation and severe economic dislocations; and (iii) to assess the interactions between the President, the Ministries, Departments and Agencies (MDAs) and the National Assembly. The study reveals among many others that for the President to be effective he needs a cabinet that fully understands what he wants to achieve, the way he wants to go about it and the time he wants to achieve it. In fact, the president needs a cabinet that shares in his vision of development for the country. Sequel to the above, the president should rely more on expertise and competence by lifting square peg into square holes.
76 Democracy and Good Governance in Nigeria: Challenges and Prospects , Iheanacho, E. N.
This study, Democracy and Good Governance in Nigeria: Challenges and Prospects is a descriptive analysis that has relied on the use of secondary data as its source of information. The basic purpose of this study is to x-ray the relationship between good governance and democracy and to identify those factors that militate against good governance in Nigeria. The study highlights that after the return of civil rule in 1999, democracy has not achieved good governance in Nigeria. The country is beset with excessive corruption, acute unemployment, poverty, ethno-religious conflicts and lack of infrastructural facilities. Based on the above, it is concluded that the present democratic process in Nigeria is yet to produce good governance.
77 The World Trade Organisation (WTO) Dispute Settlement Mechanism in Developing Countries , Otor, E. I.
This review on the World Trade Organisation (WTO) Dispute Settlement Mechanism in Developing Countries aims at discussing how WTO dispute settlement works, the prospective benefits and hurdles to effective use of the regime by developing countries, and some potential directions for technical assistance and capacity building, focusing on WTO dispute settlement in particular. The Dispute Settlement Understanding (DSU) in several provisions has made some ways to help the developing and less developed countries access the benefits provided by the DSU. Hence, the operation of the system could be improved from the perspective of developing countries, by reforms that provide more effective remedies for smaller countries and help to defray the cost of WTO litigations and save more time and resources for these countries.
78 The Necessity of Headquarters Agreement under the Law of International Organisations , Enemo, I. P. and Ogwezzy, C. M.
The authors observed that within the context of the Law of International Organisations, scholars have paid little attention to the concept of Headquarters Agreement in their research, rather more attention is focused on discussion of treaties, conventions, charter and protocols establishing these organisations. The reason is not farfetched. The ratifications of these treaties, conventions etc brings these organisations into existence and determine how disputes arising between the states parties could be resolved. Hence scholarly discussions, comparisons, analysis and counter-analysis, are made on these laws often times without taking into consideration the Headquarters Agreement which is a miniature treaty that comes on later and forms the operational basis or livewire of these international organisations. Headquarters agreements are of necessity concluded at the time when an organization first opens its premises in a particular country. The headquarters is the heart of an organisation and no organisation can effectively operate without a headquarter or seat which will be domicile in a member state and will also enjoy some form of diplomatic flavour for it to function independently without undue interference by the host states or member states and non-states entities over its activities. International Organisations are yet to acquire the status of sovereignty that states have and therefore their rights and privileges in a foreign land cannot be equated with that of a state that enjoy a high level of immunity and privileges under diplomatic and consular law. International organizations consist primarily of sovereign member states that operate across national borders. Therefore an agreement has to be reached with the host state to determine how the organisational’ headquarters will operate in that Host State under the concept of Headquarters Agreement. The necessity of this Headquarter agreement will form the basis of our discussion in this article.
79 Salient Issues in the Legal Framework for the Sustenance of Agricultural Practice in Nigeria , Agbasi, M. N.
The earth has been groaning under the burden of dysfunctional farming methods laden with infrastructure that do not meet prescribed standards. The need for enhanced integration may be better appreciated, given the fact that agriculture supports life in all ramifications. The ultimate goal therefore, will be to enable the public understand the concept of sustainability. We are called to expand our connections to the earth; to seek for alternate ways of dealing with the earth in order to preserve our waters, the air and the soil, which is the soul of life. Hence, this study reviews the salient issues in the legal framework for the sustenance of agricultural practices in Nigeria. It is the view of this author that while methods of farming and agriculture differ from region to region, there is a common trend that follows the endeavour in terms of massive degradation to the environment. It becomes necessary therefore that agriculture has to imbibe sustainable holistic practises that ensure a balance between the increasing pursuit for economic affluence by the various stakeholders and the legitimate concerns about the environment. This can only be achieved by reducing the multitude of factors that pre-dispose the environment to harm from agriculture. This will be a well guided balancing act and unique relationship that ensures that the farmer is well supported to function efficiently and effectively in a manner that complements the environment.
80 Convergent Interest: How Nigeria and the United States Partner on Tackling Challenges of Terrorism and Global Insecurity , Iwok, U. M.
US foreign policy over the decades particularly after the cold war has primarily been to protect its interest and that of its allies. The occupation of the West Bank, the Golan Height, the Gaza strip and US open support through her policies is widely perceived by the Arabs as unjust, criminal and reprehensible fueling terror and terrorism all over the world. This untoward development resulted in the pockets of terrorist attacks on US and its allies in different parts of the Globe, culminating in the bombing of the World Trade Centre and the pentagon in 2001, making the US to redouble it efforts and the formation of regional security groups, (EUCOM, AFRICOM) and others in partnership toward fighting terrorism. AlQeada, Al-Shabaal, Hezebolla, Hamas, and other incidence of local, National and International acts of terrorism emanate from the Middle East and are directed at US and her allies.
81 Socio-Political Exclusion as Bane of Nigeria’s Fourth Republic , Okpanachi Odiji
This work focuses on socio-political exclusion which characterises the Nigerian fourth republic and the damage it has brought to the system. It is structured to address the conceptualizations of Socio-political exclusion, Democracy, and the Nigerian Fourth Republic; observed acts of socio-political exclusion in the Nigeria’s Fourth Republic and the repercussion of this exclusion on the nation. Exploiting the Marxist social conflict theory and drawing information from events which have been unfolding as depicted in the news media and other authoritative sources, the discourse observes that, the myriad of problems inherent in contemporary Nigeria sprang out of the unlevelled political playing field designed and handed down by the ruling class made up of retired military and their civilian cronies. It concludes therefore that unless the political contest field is redesigned to accommodate those that are currently excluded from both socio political and economic activities; the ensuing crises might bring the fourth republic just like its predecessors to an undesirable end.
82 Policing for Sustainable Security and Democratic Governance: The Nigeria Police Experience , Ibitoye, M. O.
The aim of this review is to examine the expected roles of the Nigeria Police Force in a democratic setting, its challenges and suggests some workable solutions to some of the perennial problems associated with policing in Nigeria. The Nigeria Police Force is indubitably a victim of its colonial provenance. Originally, it was formed by the colonial masters as part of a general constabulary force for the pacification of the restiveness of the newly created colony of Lagos. The force grew gradually to become a ferocious armed enforcer of the will of the colonizers over the people. The Police perform three main functions namely; prevention and detection, protective as well as arrest and detention. Consequently, the federal government of Nigeria should provide conducive work environment for functional policing to thrive before pointing accusing fingers at those bad officers.
83 Non-Intervention and the Responsibility to Protect in Humanitarian Crisis: The Role of United Nations Permanent Members , Okibe, H. B.
The study focused on examining the United Nations Security Council permanent member’s behavior towards decisions to intervene in internal affairs of states for humanitarian purposes. Rational Actor Model of Decision-Making Theory was adopted to explain the matrix of this activity, using secondary data and content analysis methods. Nonintervention in internal affairs has been the practice of states before late 20th Century when internal crisis became recurrent phenomena with its horrifying consequences, thus gravitating towards Responsibility to Protect in humanitarian crisis. The study identified that the method and manner the UNSC permanent members implement the mandate shows selectivity, violation of R2P norm and aiding internal wars and crisis. A Syria and Ukraine crisis was used to illustrate the postures of U.S and Russia towards R2P. The study concludes that the UNSC is overwhelmed by politics of national interest by its permanent veto wielding members and it affects the form of decisions it makes on intervention in humanitarian crisis.
84 Marginalization Syndrome in Nigeria’s Politics: The Case of Ndigbo , Uduma, D. O.
This study examines what has now turned to be a deliberate strategy of denial against the Igbos in Nigeria’s politics. It identifies salient issues to the full actualization of the political aspiration of Ndigbo in Nigeria’s political space. Marginalization has been the complaints of almost all the ethnic nationalities in Nigeria. Fortunately, we have democratic groups contending for a proper integration of all ethnic nationalities in the country. The safety, happiness and joy of the Igbo will be completed when the deliberate bottlenecks against them are removed; and putting in place an atmosphere conducive for achieving their desired aspirations in an inclusive Nigeria. Based on the findings, it is recommended among others that Ndigbo have lost the cooperative spirit and sense of obligation to the immediate family, village and clan which was a hallmark of the Igbo man before the Nigeria-Biafra war, they must learn to restrain from the propensity of internal feud and bickering in pursuit of excessive selfcenteredness and individualism.
85 Enhanced Fishing Rights Under The United Nations Law of The Sea Convention 1982: The Challenges Confronting Developing Countries , Iwunze, V. I.
Before the adoption of the Law of the Sea Convention (LOSC) in 1982, the right of states to fish in the seas was in a remarkable state of flux. States unilaterally and arbitrarily declared for themselves preposterous breadths of the sea as coming under their exclusive fishing jurisdictions. Waters off the coast of developing countries also came under unregulated large scale fishing by the distant water fishing fleets of developed countries, giving rise to resource over-exploitation. The LOSC in a number of ways infused stability and certainty in the fishing rights of states and enhanced the chances for the optimum utilisation of world fisheries. This article examines the various ways the LOSC has stabilised and enhanced fishing rights among states. It argues that although the Convention creates opportunities for the protection and optimal utilisation of fishery resources among developing countries of the world, these countries have yet to take advantage of the Convention opportunities due to numerous challenges, endogenous and exogenous, confronting them.
86 Women in the Parliament of Uganda (2001-2011): Issues and Legislations to Improve the Status of Women , Kakuba, S. J.
This study reviews Women in the Parliament of Uganda (2001-2011). The aim is to ascertain Issues and Legislations to Improve the Status of Women in Uganda. It is observed that despite the fact that women play significant role not only at the family level but also at the national level, their effort is marginally recognised. The views express are consistent with USAID Report on “Commercial Legal and Institutional Reform in Uganda’s Agriculture”, where it was pointed out that 70 per cent of all small-holder farmers are women and they are responsible for 70 per cent agricultural GDP. The review of parliamentary debate proceedings sampled for the study showed that discussion of women on the review of the 1997 National Gender Policy and Framework received a lot of input from women MPs. It is stressed further that women produce 90 per cent of Uganda’s total food output and 50 per cent of total cash crop production. But the government, particularly the Ministry of Agriculture, lacks a supportive organisational structure to encourage women for increased productivity. Finally, the study findings show that the presence of women in the Parliament had enabled them to substantially articulate women’s issues. This proposes that increased women’s presence in the Parliament has been of significant importance in facilitating feminized legislation in collaboration with their male counterparts.
87 Contemporary Issues of Peace and Security in Plateau State, Nigeria: The Traditional and Political Perspectives , Gwaza, P. A.; Dakum, H. I. and Andrew Bogoro
This work examines contemporary challenges to peace and security in Plateau State. It argues that the intractable and internecine conflict dynamics reflects a constant clash between the traditional and human conceptions of security. The clash is made possible by Nigeria’s historical experiences in colonial and military dictatorships, which sustained the deployment of military hardware in State responsiveness to every conflict situations. In interpreting these scenarios, the work deploys classical historical, analytical and comparative research methods. The conception of security in post world war era was anchored on the protection and preservation of the State’s territorial integrity, sovereignty and the regime in power. This trend however changes at the end of cold war to the protection and preservation of the national, who now becomes the primary unit of analysis and who is meant to live under socio-economic and political conditions that seek to guarantee the twin values of freedom from fear and freedom from want. It concludes that the zero-sum and militarist-driven approach may fail to address the historical, political, and socio-economic roots of conflict on the Plateau.
88 Political and Administrative Dichotomy in the Local Government System in Nigeria: The Way Forward , Uduma, D. O.
This study attempts to espouse and further brings into focus the age long conflict between political executives and administrative executives in the local government system in Nigeria. In an attempt to make public administration an independent branch of knowledge, this work contends that a sharp distinction be made between politics and administration in the local government system. It goes further to declare that politics must not interfere with administration and the latter should not meddle with the functions of the former. Using the Alienation Theory as postulated by Karl Marx, this study posits that this conflict is central to all other issues plaguing the local government system in Nigeria. It therefore asserts that this has adversely affected its service delivery to the populace. Hence, it recommends that the seniority conflict between political executives (Politicians) and administrative executives (Civil Servants) should be well understood between the actors; the political executives should understand that they are the political masters in comparison with the administrative executives; and their success to a large extent is dependent on the degree of the administrative executives’ advice. This will enable the local government to deliver the dividend sof democratic culture to the people.
89 Social Studies Education as a Tool for Checks and Balances to Political Irregularities and Franchise in Nigeria , Okogu, J. O. AND Umudjere, S. O.
This study examines social studies education as a tool for checks and balances to political irregularities and franchise in Nigeria. The aim is to explore how social studies education can be used in correcting political irregularities in exercising franchise in Nigeria. Social studies education is concerned with citizenship education which entails a complex process of inculcating societal norms, morals, knowledge, skills and values that serve as checks and balances to political irregularities and franchise. Based on this premise, social studies education emphasizes the acquisition of the relevant skills, knowledge, values and beliefs and other capabilities that are significant in conformity with the checking of political irregularities as been observed in exercising political franchise. Social studies education is transformative in contents, objectives and accommodates contemporary issues, social issues, environmental issues, and most especially political matters for the purposes of re-organizing political structure in society.
90 The Effect of Electoral Malpractices on the Sustenance of Democracy in Nigeria , Uduma, D. O. and Emerole, O. B.
This study examines the effect of electoral malpractices on the sustenance of democracy in Nigeria. One of the most critical and salient features of any meaningful democracy accepted all over the world is the conduct of acceptable, credible, free and fair elections. This is because free and fair elections ensure concrete and stable political development which engenders sustenance of democracy. With elections being the only legitimate way of choosing representatives in any democracy, winning at all cost becomes the norm. All forms of violent acts to out-wit political opponents are let loose on the polity. Two questions were therefore formulated as a guide for this study. Using the elite theory as propounded by Wilfredo Pareto and Guatano Mosca as framework of our analysis, the study in its findings posit that electoral malpractices endangers conflict, crises and instability in Nigerian politics, this has negatively affected the sustenance of democracy in Nigeria. The study therefore, recommends a total overhaul of the electoral system in Nigeria, the civil society organizations, the government and the international community should be more committed to ensuring credible elections and above all honest and visionary leadership should be put in power with a view to achieving the sustenance of democracy in Nigeria.
91 Political Violence and Media Coverage in Nigeria: An Analysis of Nigerian Tribune and Punch Newspapers of 2011 General Elections in Osun State , Awofadeju P. O.; Adeyemo A. L.; Kwembili Christian and Adesanya Abayomi
The study aims at determining the coverage of the violence by two newspapers (Nigerian Tribune and Punch) in the 2011 Osun State General Election by adopting content analysis as its research design. Theories adopted in carrying out this study are agenda setting, two step flow and multi-step flow. This study reveals that the newspapers in this study were not very effective in publishing the news concerning this brutal electoral violence within the period of four weeks under review. It also reveals that the Nigerian Tribune newspaper covered more stories on electoral violence than Punch newspaper and that the coverage of the two newspapers focused more on violence reportage than the effects of violence on the electorates. The coverage of the two newspapers on the major actors in the news also shows that ‘Politicians’ and Political parties’ played greater role in the news than others. The coverage of the two newspapers on victims of the violence shows that ‘Electorates’ and ‘Press’ were most affected victims than others. It therefore concludes that the two newspapers content analyzed were not proactive enough in their responsibility of providing timely information to the general public regarding the electoral violence, thereby leaving people in the dark.
92 The Influence of Culture on Judgment and Decision Making , Ignatius Odongo
This study explores the influence of culture on judgement and decision making and arrives at three key conclusions: (a) there are indeed cultural differences in the world which impact on the way people make judgements and arrive at decisions; (b) individuals are affected and influenced by their national cultures; and (c) individuals who ultimately make decisions also bring on their personal characteristics. The challenge, however, is to find a way to clearly link these three aspects and develop a model that can predict or better explain culture in relation to judgement and decision making. The impact of national cultures on decision making was analysed and the conclusion is that national cultures only partially influence decision making, other factors including individual variables, organisational cultures, educational systems, as well as institutional arrangements that bind society. The evaluation of Hofstede’s cultural framework has shown that although it drew attention to cultural differences in the world, criticisms labelled against it indicate that whereas there is no better alternative, its application cannot be conclusive. The review is especially informative to leaders and managers who engage in cross-cultural dealings as a clear understanding of cultural influences is key to successful international relationships.
93 Legal Implications of Same-Sex Marriage (Prohibition) Act, 2013 on Customary “Female Husband Marriage” or “Woman-to-Woman Marriage” in Nigeria , Oyedotun Omoteye and Akinlade, M. T
Female husband marriage has been an age-long customary practice in many parts of Nigeria. The practice embedded in the customary law of the people. This study critically examines of legal implications of same-sex marriage (Prohibition) Act, 2013 on customary “female husband marriage” or “woman-to-woman marriage” in Nigeria. It is therefore necessary to give the statutory and judicial considerations of custom and customary law as these terms are relevant to this study. The statutory and judicial considerations together with the provisions of same-sex law form the legal framework of this work. The study observes that customary female husband or woman-to-woman marriage has been documented in many African cultures. The position of this study is that African female-husband and male-daughter practices are different from the woman-to-woman marriages or lesbianism practiced in the Western world. Whereas the African practices are to enable the people who face challenges in child bearing, the lesbianism practiced in the Western world and elsewhere is mainly for sexual satisfaction.
94 The Role of Bureaucracy in Good Governance in Nigeria , Enahoro, N. I.
Good governance depends on bureaucracy, because it is the main part of the implementation of the decision of government. On the one hand the ministers make the decision and on the other hand, the bureaucrats implement it. This study therefore examines the role of bureaucracy in good governance in Nigeria It theorizes bureaucracy from two major perspectives: Weberian and Marxian. The study discovers that the public bureaucracy in Nigeria has been hounded by unstable political environment, economic crisis, social menace, constitutional lapses, unfavorable public policies such as the federal character, bureaucratic bottle neck (red-tapism, rigidity, centralization, and excessive bureaucratic layers), and poor conditions of services among others. All of these factors have impeded the effective performance of the Nigerian bureaucracy in several ways. In effect, this work concludes that, these have slowed down the processes of socio-economic and political development of Nigeria which can only be resolved when bureaucrats become more pragmatic in the understanding of what constitute good governance.
95 Legality and Acceptability of Child Adoption in Relation to Childlessness among Christian Couples in Nigeria: A Case Study of Warri Diocese of Anglican Communion in Delta State , E. A. Otobrise
This study examines the legality and acceptability of child adoption in relation to childlessness among Christian couples in Nigeria using Warri Diocese of Anglican Communion in Delta State as a case study. This study becomes imperative considering the various attempts Christian couples with the challenge of childlessness have made to cushion the traumatic effect they go through to have their biological children. It uses both the quantitative and qualitative approaches to obtain data. The population comprises all childless Christian couples in Warri Diocese of Anglican Communion. A sample of one hundred and twenty respondents is purposively selected for the study. The instruments used for data collection are structured questionnaire and interview schedule. Out of the 120 copies of questionnaire administered on the respondents, only 100 copies were successfully retrieved and used for the study. The data are presented in tables and analysed using simple percentage and frequency counts. Although the idea of child adoption is considered oblivious by some, this study enthrones the legality and acceptability of the concept on a prominence making it a viable option for Christian couples with the challenge of childlessness.
96 Exposition on the Stance of the Judiciary on Environmental Constitutionalism: Evidence from India and Nigeria , T. Okonkwo
In few decades, environmental constitutionalism rapidly gained prominence at national, subnational and international levels. Various international instruments have been put in active places and national governments are seeking to expedite environmental protection activities including the enactment of environmental protection laws alongside the insertion of the valuable provisions in their national constitutions to address environmental issues. It is pertinent to note that, most scholars that religiously work on environmental constitutionalism tend to focus on literal constitutional provisions protecting the essential substantive and procedural citizens' rights to a safe and healthy environment, "what might be termed fundamental environmental constitutionalism." The outpouring interest among international scholars of legal disciplines in "constitutionalism" characterizes one of numerous determinations to re-hypothesize international governance and to draw attention and add credence to the global environmental law. By exploring the extent to which international environmental law has constitutional dimensions in India and Nigeria, this study adopts the expository research design to evaluate the degree to which the courts in the two countries are able to substantiate environmental rights as human rights. It concludes that, despite the fact that the international treaties on environmental rights have gained constitutional supports and recognitions in many countries, international environmental law in its entirety is deficient in guaranteeing a constitutional order. Hence, further research should be conducted into the perceived gaps and available options that should be adopted as solutions that will clearly continue to expand the conversation of environmental constitutionalism in India and Nigeria.
97 The Actualization of Independent State of Palestine: Palestine Liberation Organization’s Contribution and the Emergence of HAMAS , O. J. Atake
There is much of intra-Arab rivalry in the region of the State of Palestine, fueled majorly by conflict of personal interests and less of collective interest. The aim of this study is to assess the efforts made by the Palestine Liberation Force (PLO) to build an Independent State of Palestine despite the obvious challenges, and identify the efforts made by Palestine Islamic Resistance's Movement (HAMAS) to fill the socio-economic structural gap created by the failure of PLO and the impact of external influences. The study uses the structural conflict and human needs as well as power sharing theories to provide the intellectual pillars on which the discourse stands. The study outlines the problems of the Palestinians to include corrupt practices among the then government officials under the Fatah party, unemployment, poverty, decaying infrastructure, insecurity, and intra-Arab rivalry: religious fundamentalism, challenges of power sharing, mistrust of unrestricted authority of individuals and of the concentration of power in one office, existence of socio-economic as well as political and religious challenges. Based on the foregoing, the study opines that democracy and good governance are the twin tools with which structural conflict and human needs crises can be resolved. Democracy is possible among the PalestinianArabs- a highly homogenous society where one religion (Islam) is practiced, one language (Arabic) is spoken, and Arabic patriotism is cherished. The paper proposes that the Palestinian-Arabs should exploit their homogeneity as a tool for nation building by erecting democratic structures where the hand of everyone will be seen, and the voice of everyone will be heard through a democratically elected representative.
98 Requisite Jurisdiction of Courts over Tax Matters in Nigeria , Ibrahim Tijjani Monguno and Ibrahim Abdullahi
There is conflict of jurisdiction between the Federal High Court and the Tax Appeal Tribunal in Nigeria. Hence, this study aims at giving a comprehensive overview of the types of tax dispute that each court can entertain and succinctly analyze the controversy of jurisdiction between the Federal High Court and Tax Appeal Tribunal. It further discusses the courts that have jurisdiction over tax matters in Nigeria. Consequently, it is observed that various courts have jurisdiction over different types of tax matters in Nigeria depending on the tier of government that has power to impose the tax, the amount of money sought to be recovered or the organization or individual from whom tax is being recovered. It is instructive, therefore, to note that while the Court of Appeal is vested with jurisdiction over tax matters, appeal lies from it to the Supreme Court. Therefore, the Supreme Court is the only court vested with appellate jurisdiction over decisions of the Court of Appeal either as of right or with leave.
99 Local Government Administration and Grassroots Development in Nigeria , Fiemotongha Christopher
Local governments in Nigeria are created to perform specific constitutional functions expected to bring development to the local areas and relatively improve the living condition of grassroots people. In a bid to accomplish this purpose for which local governments are created, they have encountered numerous problems difficult to surmount. The study is basically aimed at realizing complete political and financial autonomy of local government so as to position them (local governments) to carry out their constitutional responsibilities as well as accomplish the purpose for which they are created. The study adopts the qualitative means of data collection, where data are sourced from journals, textbooks, newspapers and the internet. This study has among other things discovered that local government affairs or activities are interfered by State governments. Consequently, it is of necessity that the revenue base of local government be broadened to accommodate the financial needs of the councils. Also, legislations should be made to address the arbitrary interference with local government administration by State governments.
100 Health Records Officers’ Act and Administration of Health Information in Nigeria: Challenges and Prospects , T. T. Adebayo; M. S. Omole; R. A. Adio; M. A. Amin and A. O. Ogunniran
Health Records Officers’ Act was promulgated formally by Decree No. 39 of 1989 (HROA; 1989) now CAP 166 LFN1990. The Decree establishes a Board for general administration of the profession of health records management in Nigeria. This work which is a desk top study on Health Records Officers’ Act and Administration of Health Information in Nigeria: Challenges and Prospects discovers the constitutional requirements for the health information practices and implementation strategies as stipulated by the Act. The study reveals the prospects and challenges associated with the implementation of the Act to include non compliance of members to licensure, lack enforcement process, poor cognizance of the law among many others. It is recommended among others, that the continuous education of member of the profession will enormously aid awareness creation toward compliance with the legislative provision of the members.
101 Good Governance and Consolidation of Democracy in Nigeria: Issues and Prospects , Dick Uduma and Onyedikachi Madueke
After 18 years of return to civil rule, Nigeria continues to grapple with the challenges of democratic consolidation and good governance. All efforts by successive civilian governments to entrench true democracy and good governance in the country seem to have met brick walls in which for every step, two are lost. The generality of Nigeria, had expected that the return to democratic rule in the country in 1999 will usher in a new dawn. These optimism, hope and great expectation seem to have been dashed. This work interrogates this state of affair and shed lights on those critical elements in the country's democratic experiment that tend to frustrate the enthronement of democracy and good governance. The work recommends among others, transformational leadership that works the talk, policy of inclusiveness, effective fight against corruption and free and fair elections as the way forward for domestication of democracy and good governance in the country.
102 Doctrinal methodology forTax Laws Administration in Nigeria: State Governments Perspective , Ibrahim Tijjani Monguno and Ibrahim Abdullahi
The central focus of this work is on the extant tax laws administered by State Governments in Nigeria. Under the Second Schedule part one and two of the Constitution, Federal Republic of Nigeria, 1999, the power to collect tax from individuals is vested on the State Governments. This study gives a comprehensive overview of the extant laws that empower State Governments to impose tax on individuals. Doctrinal methodology is adopted in conducting the research. The study finds that the informal nature of the Nigerian economy, lack of proper record keeping and documentation of transactions among tax payers are the banes of enforcement of tax by state governments in Nigeria.
103 Political Consciousness and Rural Development in Nigeria: Adopting Kingdom’s Tripple-Streams Model in the Study of Azumini Ndoki Community in Abia State , Emmanuel Shebbs; Dick Uduma; Celestine Nwosu and Allens Iheonu
This study examines Political Consciousness and Rural Development in Nigeria, adopting Kingdom's Tripple-Streams Model in the Study of Azumini Ndoki Community in Abia State. A sample of 172 respondents is randomly selected from Azumini Ndoki community and structurally interviewed based on the development interventions in the community as well as their levels of political participation. Data obtained are presented on tables and charts and arranged in percentage. Simple statistical and quantitative methods are used for analysis of the data obtained and judgment drawn based on simple polemics within the frame and logic of the theoretical framework of Kingdom (1995). The major finding is that the rural people do not receive sufficient level of political orientation being reason why the rural areas in Nigeria have not witnessed sufficient level of development. It argues that Rural Development is tangential to the political consciousness of the people. The research recommends emphasis on civic education and civil rights orientation for the rural people rather than piecemeal development interventions. Instead of progressive humanitarian projects and interventions, government and private organizations should train the rural dwellers to understand the political statuesque of the State where they belong and understand the rights and privileges therein as well as understand how to - build social formations at the grassroots level.