Department of Law
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Item A Comparative Analysis on the Laws of Succession in Nigeria and the United Kingdom(Lead City University, 2023-12) Sarah Bamro ISHAKUThe Nigerian Legal System developed from the British legal system as Nigeria was a British colony until independence in 1960.The law of succession in Nigeria is thus governed by various legal instruments which includes Received English laws, Nigerian legislation and Administration of Estate laws and customary laws of the various ethnic groups and Islamic law while the United Kingdom’s legislature have passed legislations to regulate succession such as the Wills Act 1837 and the Administration of Estate Act1925.. This thesis was carried out through a qualitative research, materials were sourced from both primary and secondary source which include statutory laws, customary laws, books, journal articles and the internet. This thesis examined the laws of succession in Nigeria and the United Kingdom and carried out a comparative analysis and despite the seeming similarities of the laws of succession between the two countries, the laws differ from one another and have distinctive features in terms of uniformity, codification and the rights of testators, spouses, family and dependants. This thesis offer ways on how the estate of a deceased can be properly administered and distributed hindering meddlesome interlopers claiming rights that are not theirs in the first place which is common under the customary law of inheritance. This thesis has carried out a comparative analysis between the laws of succession in Nigeria and the United Kingdom stating similarities and differences and provided solutions to the challenges Keyword: Comparative Analysis, the Laws, Succession in Nigeria, United KingdomItem Child Marriage in Nigeria: The Enforceability of Age Limit(Lead City University, 2023-12) Obiageli Christiana BENSONChild marriage is a social ill that has been on the front burner of public discourse in Nigeria for some time. Child marriage may be defined as any formal marriage or informal union between a child under the age of eighteen (18) and an adult. Despite the fact that child marriage and betrothal are prohibited by National Legislation, the Childs' Right Act 2003, the socio-cultural practice and religious backing of the issue in some sections of Nigeria makes it a necessary evil which shamefully continues to stare us in the face. Early marriage of girls below the age of 18 is still widely practiced in Nigeria. Early marriage is a violation of human rights. The right to free and full consent to a marriage is recognized in the 1948 Universal Declaration of Human Rights and in other human rights instruments. Nigeria ranks 13th among the 20 countries with the highest rate of girl child marriages with approximately 3 million child marriages, 17% married before they turn 15 and 43% married before they reach the age of 18. When considered, these are seriously disturbing figures. The Nigerian Legislature came up with the Child Rights Act of 2003 to define the rights of the child and to curtail the menace of child abuse, violence and marriage in Nigeria but 20 years on, the issue of child marriage is still embedded in the fabrics of the Nigerian moral system. This research will critically examine the psychological, financial, physical and moral impacts the practice of child marriage has on the victim and the family/society at large, in doing so, a library-based research methodology will be employed, whilst making use of primary and secondary sources, which will include: The CRA, Violence Against Persons Prohibition Act, (VAPP), 1999 CFRN amongst others. Keywords: child marriage, violence against women, marriageable age Word Count: 304Item An Examination of the Primogeniture Rule and its compliance with International Human Rights Law: A Study of Nigeria, South Africa and United Kingdom(Lead City University, 2023-12) Tonye Sharon MIRIKIThe most prevalent inheritance law used to preserve undivided property is primogeniture, which has drawn criticism because it prevents female children from inheriting. Not through lack of practice, but typically due to their incapacity to coexist with contemporary formal laws, both municipal and international, many customary practices and laws have become extinct. Hence, this study aims to analyze the principles of primogeniture rule and its position under international human rights law; studying a scenario of Nigeria, South Africa and United Kingdom. The research used a qualitative research design method which is deemed the ideal design to use within the qualitative methodology because it’s ability to facilitate exploration of the phenomenon within its context, using a variety of secondary data. The study collected and analyzed non-numerical data (e.g., text, and video) which are all secondary. It is obvious that the primogeniture system has a negative standing in international human rights legislation. The study discovered that primogeniture rule is still significant and applicable in Nigeria, where it is recognized and applied. Customary law and statutes both directly and indirectly support its application. The work suggests a legal framework to be established to handle any failure to uphold the obligation of assistance and care. Also, recommending relatives of a deceased who passes away intestate to have access to a forum where they can decide whether or not they want to be ruled by the customary norm of primogeniture or a codified customary law of intestate succession. Keywords: Inheritance, Primogeniture, International Human Rights Law, Customary Law, Statutes, Intestate Succession Word Count: 243Item The Impact of Foreign Investment on the Sovereignty of Developing Countries: An Appraisal of the China-Nigeria Bilateral Relations(Lead City University, 2023-12) EMMANUEL C. IBEKWEThis research examines and critically analyses to what extent host states might use their sovereignty in a manner that may be counterproductive to the interests of foreign investors on their territory, and the extent to which international investment law can regulate transactions to the benefit of the parties. The research considers the extent to which different dispute resolution mechanisms can be used to rebalance the uneven investment relationship arising from the adverse effect of host state sovereignty. The breach of legal obligations may subject the host states to international judicial or quasi-judicial instruments and their enforcement which may ordinarily affect the traditional power of the state to control every activity within its territory. To this end, this research examines the legal obligations between the host state and foreign investors and the various types of foreign investments and the potential impact of such activities on the sovereignty of the host state. The objective underlying the research is to determine whether or not foreign investment and the circumstances surrounding the transactions relating thereto have the potential to lead developing sovereign states back into a form of neo-colonialism in the guises of international loans and infrastructure developments agreements. The study will conduct a review of the Nigerian economy, vis-à-vis the country’s trade relations with China in terms of science, technology, and infrastructure loan to determine the extent to which the activities may adversely impact the country sovereignty. To do this, the methodology adopted in this research is doctrinal that is, library oriented research. This is by an analysis of Secondary sources of data and archival study which will involve the analysis of Primary and Secondary sources of research. Keywords: International Investment, Foreign Direct Investment, Portfolio, Sovereignty, Globalization, China, Nigeria dispute resolution. Word Count: 292 wordsItem CORPORATE GOVERNANCE AND CORPORATE STAKEHOLDERS: A COMPARATIVE ANALYSIS OF THE LAWS IN NIGERIA AND AUSTRALIA(Lead City University, 2022-12) JIBRIL-ALIYU, ZAYNAB TITILOPECorporate governance is an important feature of any developed or developing economy. In recent times, it has become an integral form of regulation for companies, and stakeholders as they manage the growing influence of corporate bodies on culture, consumption, lifestyle, goods and services of and for the society. However, there is significant debate on what should take primary influence on corporate governance direction, between the stakeholders or the shareholder approach. This dissertation sought to investigate these questions with a view to proffering answers on the state of stakeholder considerations under Nigerian laws, flaws of Nigerian corporate governance when placed against international standards and lessons adaptable from the Australian framework within the Nigerian corporate environment. The research is conducted using the doctrinal qualitative method involving collection of findings available in laws, regulations, journals, online repositories and publicly available secondary sources. The research also adopts a qualitative review of these assessable resources including the OECD framework to properly assess in the right contexts the status of Nigerian corporate governance. This thesis finds that there are significant gaps in the Nigerian legal framework in relation to stakeholder recognition in corporate decisions compared to the Australian system. There was significant support for shareholder primacy against stakeholder considerations and disclosure regimes are arbitrary not meeting the ideals of free market economies or slightly liberal approaches that takes the comply or explain routes to low-risk compliance obligations. The research recommends a review of the Nigerian corporate governance framework to address these issues. Overall, this thesis concludes that the stakeholder theory is the best approach to corporate governance, and a proper implementation of this is crucial for the future of Corporate Governance in the country. This research is important as it properly outlines the current weaknesses of the Corporate Governance regime in Nigeria, which will greatly inform policy, as well as influence future discuss and research in the field.Item Examining National Industrial Court of Nigeria Repositioned Status in Trade Dispute Resolution(Lead City University, 2022-12) Solomon Osereme AGBATORThe fundamental nature of jurisdiction of any court is critical to any adjudicatory process without which anything done will amount to an exercise in futility. Prior to the enactment of the Constitution (third alteration) Act, 2010, National Industrial Court was established by the Trade Dispute Decree, 1976, where matters relating to labour, trade union dispute, employment, conditions of service, welfare of employees were adjudicated upon. However, the National Industrial Court faced so many difficulties as to its jurisdiction, powers and status. National Industrial Court was widely criticised by scholars and jurists due to its inefficiencies. The main objective of the thesis is to examine the National Industrial Court of Nigeria repositioned status in Trade Dispute Resolution under the Trade Dispute Act, National Industrial Court Act and specifically under the Third Alteration Act which amended the Constitution of the Federal Republic of Nigeria 1999. To this end, the study examined the legal status of the Third Alteration Act which came into force on the 4th of March 2011, and the appraise its impact on the settlement of labour disputes. The aim of this thesis is to review the extended Jurisdiction of the NIC, particularly under the Third Alteration of the 1999 Constitution, to confirm whether the repositioned jurisdiction given to the NIC is likely to solve the confusion associated with its jurisdiction. This is a legal and descriptive research that relies on qualitative method of analysis. The research work also relies on the primary and secondary source of Nigerian laws. The researcher recommended that the legislature should ensure that there are no apparent contradictory ambiguous provisions in the Constitution. As a result, the National Assembly should amend the Constitution further to resolve these seemingly contradictory provisions. Key words: National industrial court, Trade Dispute, Trade Union, Dispute resolution, Constitution, Third alteration, RepositionedItem Rights and Obligations of Creatives in the Nigerian Entertainment Industry: Focus on Music Recording Contracts(Lead City University, 2022-12) Oyekanmi Olorunfemi AdewaleNigeria is richly endowed with creative talents. So far, there is an increased reward for creativity in different dimensions especially in the entertainment industry. This factor is necessitated by the fact that various nations of the world have come to realize the socioeconomic benefit of the industry and the internet has also been the key driver of this emerging market.However, there is a problem of “Creatives” having inadequate understanding of the provisions, obligations and rights which are stated in music record label contract. This predicament also affects their capacity to assess and settle for deals that favour them. In this regard, a lot of other issues arise from “creatives” inability to manifest and protect their own intellectual property. Also incidental to this problem, is the nonavailability of coherent frameworks, laws and institutions to guide them. Several studies have discussed typical issues on Contract and Entertainment. However, this research entitled: “Rights and Obligations of Creatives in the Nigerian Entertainment Industry: focus on Music Recording Contracts”. The specific Objectives of this research project are: to review the applicable laws relevant to music recording contract; the nature of the terms of a music recording contract; the status of third parties as regards music record label contracts ;and the laws protecting creatives in Nigeria and their impact on the Nigerian Entertainment Industry. In pursuit of the above, this research is a legal research that relies on qualitative methods of analysis. This research work affirms that the existing legal framework to protect music creatives in Nigeria is inadequate. This research therefore proposes a better structure for Nigerian intellectual property framework, through relevant laws that should be interpreted and managed by certified entertainment officials, including lawyers. Key words: Creatives, Music, Recording Contracts, Intellectual Property, Entertainment Industry, Record Label, Artists.Item THE ADAPTATION OF THE SOUTH AFRICAN TRUTH AND RECONCILIATION COMMISSION MODEL IN ADDRESSING CRIMES OF CORRUPTION IN NIGERIA(Lead City University, 2022-12) OLUKAYODE OLUWOLE OJEDOKUNTruth and Reconciliation Commissions (TRCs) have become essential instruments for mediating in societies fractured and laden with systematic and widespread criminal atrocities. By explorative and descriptive design the study has relied upon secondary data to theorise on the adaptation, in Nigeria, of the South African TRC model, as a forum, which could represent an alternative or an extension to the penal justice system for addressing crimes of corruption. One of the issues that arises is whether such forum would represent a competing or reconcilable paradigm. After noting the ineffectiveness of anti-corruption institutions in Nigeria, this study concludes the attraction of the TRC model as an alternative to the traditional penal justice system could lay within its capacity to retain the elements of retribution, rehabilitation and deterrence of the traditional criminal justice system and to introduce the value of reconciliation into the system. This study further concludes that this could create the incentive for an efficient dispensation of justice leading to the basis for a more harmonious society. It suggests the adaptation of the TRC model’s enduring legacy could be achieved by some necessary modifications of the country's constitutional and penal codes or even as an extension of existing penal codes.Item Effective Implementation of Renewable Energy Legal Regime in Nigeria and Ghana: A Mitigator to Climate Change and Improvement of Power Supply(Lead City University, 2022-12) Matilda Adedoyin CHUKWUEMEKAEnergy is that which people cannot survive without in this modern era. Without energy, life can be so much difficult as it is significant for the survival of everything that is in the world around us in our contemporary lives. In Nigeria, fossil fuels have been the predominant sources of energy supply. Despite Nigeria being a major exporter of fossil fuels, Nigeria still suffers from poor energy supply. The utilization of these predominant energy sources have led to the emission of greenhouse gases and have adversely impacted the climate. There has been a rising demand worldwide for renewable sources of energy such as solar, hydro, wind, biomass, geothermal, wave and tidal energy to be included in the energy mix of nations which some consider being cheap and more environmentally friendly compared to the negative impacts of fossil fuels. Currently, Nigeria is yet to fully exploit the potentials of these renewable sources of energy. This research adopts the doctrinal and comparative methodology between Ghana and Nigeria Electricity Models. This research contends that the slow-moving development and utilization of renewable sources of energy into the Nigerian energy generation mix is a result of the unavailability of a legal framework on renewable energy sources in the current legislative system compared to Ghana. In conclusion, this research recommends strict implementation of a legal framework governing the development and utilization of renewable sources of energy, which will at the end of the day serve as improvement to energy supply and mitigation of climate change in Nigeria. Keywords: Climate Change, Energy, Electricity, Fossil Fuels, Renewable Energy Word Count: 260Item The Role of Law in the Political Participation of Women in Nigeria(Lead City University, 2022-12) Justina Oluwatosin KUTEYIWomen political participation in Nigeria politics has been an issue of concern in the Nigerian society at large because women are poorly represented in both elective and appointment positions in the political system. The level of women’s involvement in their nation’s political activities is a topic that most academic researchers tend to discuss with an engrossed attention and concern. This Paper examined and analysed the international state of laws on women political participation and women’s right to political participation under the Nigerian law. The efforts and challenges Nigerian women are experiencing in the political space. It went further to look into the participation of women in the pre-colonial, post-colonial and contemporary Nigerian politics. Citizens of every country, irrespective of their gender, social class or tribe should be able to exercise their civic rights without facing discrimination or being relegated to the background, especially in a democratic country like Nigeria where political participating is believed to be ‘‘ free zoned ’’ for all qualified citizens regardless of their gender. However, the reverse seems to be the case in Nigerian political system. It also discussed the gender inequality in the country’s political system which could be linked to certain cultural and traditional practices that have systematically conditioned and treated women as being inferior to their male counterparts. Finally, the paper pointed out some factors that hinder Nigerian women from actively participating in politics, hence provided some recommendations and measures that could be adopted to enhance the re-integration of women in the Nigerian political system. Key Words: Women, Politics, Discrimination, Election, Nigeria, Political Participation.