Authors: Lolo Isaiah Opuende

Abstract:

It is beyond doubt that the local communities play pivotal role in environmental and natural resources management. The role of local communities in environmental and natural resources management, national economy and in ecology was emphasized in the 1988 National Forest Policy, which focused on ensuring environmental stability, sustainable development, restoring the ecological balance, and preserving the remaining. The doctrinal methodology was adopted in course of writing this paper. The paper aimed at examining the role of local communities in environmental and natural resources management in Nigeria. The paper found that the provisions on the environment in the Constitution of the Federal Republic of Nigeria 1999 (as amended) have been given effect by the courts. This should further strengthen the enforcement of the right to a healthy environment in Nigeria. The paper also found that there is lack of enforcement of environmental laws in Nigeria. This has resulted in environment degradation and destruction of the environment and natural resources. The paper concluded that it is sad to note that the environment and natural resources in Nigeria are not preserved as there is no deliberate policy to preserve or manage the environment and natural resources for sustainable development. Thus, there is a need for conservation of the ecosystem, protection of wetlands and prevention of environmental pollution to ensure sustainable development. The enactment of specific legislation for environmental protection was also recommended in addition to a more pivotal role for the judiciary and local communities in the protection of the environment. The paper further suggests the domestication of UN Conventions like Ramsar Convention on Protection of Wetlands, and UN Convention on Biodiversity. The paper among others recommended that the Constitution of the Federal Republic of Nigeria 1999 (as amended) should be amended to incorporate the right to a healthy environment in chapter four of the Constitution to make same enforceable. There is a need for the enforcement of environmental laws in Nigeria to address environment degradation and destruction of the environment. Finally, there is a need to establish special environmental courts to expeditiously handle cases bordering on environmental degradation.

Category: Original Article

Publication: Volume 1 , Issue 2 (2026)

DOI: 10.5281/zenodo.20309306

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Authors: Dr. Alawa Stephen Tombari

Abstract:

Actions and inactions of political parties in a democratic State aid to make or mar the governance of the people. The concourse of events in various political parties determines the stability, development, security, and image of the State. Factually, political parties are the life wire of democratic governance. This paper examines the roles of a legal adviser to a political party in a democracy, focusing on their influence on party operations and democratic processes. The doctrinal method was employed in this paper.The paper highlights the importance of legal advisers in interpreting legal frameworks, advising on campaign finance, and representing parties in legal matters, maintaining legitimacy, fostering democratic values thereby safeguarding the integrity of the electoral process. Also, there are the challenges faced by legal advisers in fostering democracy, including political interference, corruption, and the complexities of navigating a politically charged environment. The paper concluded that the legal adviser is pivotal in ensuring that political parties operate within the law, promoting transparency, accountability, and democratic principles. Thus, it is recommended that training programs should be developed to enhance the skills and knowledge of legal advisers in political parties. These programs should focus on electoral law, compliance, and ethical standards to empower advisers to navigate complex legal landscapes effectively.

Category: Original Article

Publication: Volume 1 (2026)

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Authors: Abraham Ebini, Akeuseph Oyepho

Abstract:

Human Rights in cyberspace deals with the applicability of human rights and basic freedoms in cyberspace. Individuals are entitled to exercise and enjoy human rights and fundamental freedoms in cyberspace, just as they do in the physical or real space. The aim of this paper is to give an overview of human rights in cyberspace, with a particular touch on the applicability of the human rights in Nigeria’s cyberspace. The paper’s fundamental objectives are to ascertain whether the human rights provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 1983, the Child Rights’ Act 2003, and so on apply in Nigeria’s cyberspace; examine whether regional and international human rights treaties or instruments ratified by Nigeria apply in cyberspace, to ascertain human rights being implicated in cyber-operations in Nigeria. The doctrinal research methodology was adopted. The paper finds that the human rights provisions of the Nigerian Constitution, particularly sections 37-43apply in Nigeria’s cyberspace. It also finds that other national human rights law such as Child Rights’ Act 2003,African Charter on Human and Peoples’ Rights (Ratificationand Enforcement) Act 1983 as well as regional, international and customary international human rights norms apply in Nigeria’s cyberspace. Itfurther finds that the right to privacy, right to freedom of expression, right to peaceful assembly and association, right to freedom from discrimination and right to freedom of thought, conscience and religion are mostly implicated in cyberoperations in Nigeria. The paper concludes that national, regional (African Union Human Rights Laws) and international human rights Laws apply in Nigeria’s cyberspace and that Nigeria has obligation to respect, protect and fulfill the human rights of persons within its territory in cyberspace. It is recommended that Nigeria’s law enforcement agencies be trained and re-trained in the areas of respect and protection of human rights in Nigeria’s cyberspace via the adoption and deployment of the best technological equipments and practices to ensure cyberspace security in Nigeria.

Category: Original Article

Publication: Volume 1 , Issue 2 (2026)

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Authors: Prof. Josephat Chima Ubanyionwu

Abstract:

Political parties in Nigeria are essential vehicles for political representation, bound by law to function democratically and adhere to regulatory frameworks. Failure to comply with these requirements often leads to legal disputes and sanctions. A Legal Adviser in a political party plays a significant role and serves as the custodian of the party's legal framework, ensuring that its activities comply with the law to prevent disputes and electoral sanctions. In this article, we examined the concepts of legal adviser and political party as well as their historical backgrounds and theoretical frameworks. We equally examined in details the roles of a legal adviser as it pertains to electoral disputes and party governance, legal adviser’s advisory role on compliance and interpretation of laws. This research work will go a long way in provoking further discussions on the topic and it will help in strengthening Nigeria’s fledgling democracy.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

Authors: Hildagard C. Desmond-Ihekaire, Ph.D, MCArb, U. J. Otu, Esq, John Chinda

Abstract:

This paper examined Actors and Law-Making Processes under International Environmental Law. The development and implementation of international environmental law involved a complex interplay of diverse actors, including states, international organizations, non-governmental organizations (NGOs), the scientific community, and the private sector. This paper adopted the doctrinal method of research with primary of information derived from international conventions, protocol, charters, and treaties, while the secondary sources were derived from journal articles and internet sources. This paper explored the roles and interactions of these actors in shaping environmental law on a global scale. International environmental law emerged prominently in the later half of the 20th century, with milestones such as the 1972 Stockholm Conference and the 1992 Rio Earth Summit. These events set the stage for a series of treaties and agreements aimed at addressing transboundary environmental issues and promoting sustainable development. The paper found out that each issue required coordinated action across national borders, highlighted the need for robust legal frameworks and effective implementation mechanisms. The paper concluded that the effectiveness of international environmental law depends on the active participation and cooperation of all relevant actors. The paper recommended amongst others the need to enhance international cooperation through more inclusive and transparent negotiation processes, develop more robust mechanisms for monitoring and enforcing compliance with international agreements, ensure fair distribution of responsibilities and resources between developed and developing nations.

Category: Original Article

Publication: Volume 1 (2026)

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Authors: Hildagard C. Desmond-IhekairePh.D, MCArb, and Jessica A. Ajonumah Andrew-Jaja, ACIArb (UK)

Abstract:

By virtue of their membership, members of a political party surrender their rights to the guidelines of the party. However, it may be impossible not to acquiesce to the dictates of the powerful elites in oligarchic settings, which a political party represents. As principal instruments for contesting elections, political parties mobilize majorities in support of their leaders and programmes, and this paper which engaged a doctrinal methodological analysis found that political party constitution must be rooted in democratic and constitutional precepts. Yet, circumstances arise where the mystification of what is identified as ‘party supremacy’ and infallible ‘party constitution’ have been questioned as to whether the constitution of a political party is indeed supreme, as while holding the party to strict compliance of law, the same standard also applies to its members. Consequently, the making of political determinations of the party must be ideally reflective of the will of every class of persons in the party since it was found that the internal affairs of a political party are non-justiciable, subject to express statutory provisions. This paper concludes that though the courts do not have the requisite statutory vires to interfere in internal party process aimed at winning elections, the supremacy accorded apolitical party’s constitution must not result in a power-drunk executive, with lost bearings on national goals.There should be a balance between the supremacy of party constitution and obedience to existing hierarchy of laws.

Category: Original Article

Publication: Volume 1 , Issue 2 (2026)

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Authors: Oluwafemi Emmanuel Olowononi, Mohammed Ndarani Mohammed

Abstract:

The paper is an investigation into the practice of party defections and political instability, which is one of the major challenges to democracy in Nigeria and Africa in general. Politicians in Africa have continued to lay claims to their fundamental rights to freedom of association as a means of moving in and out of political groups at will, a development, though not alien to the political system, which is however gradually assuming a frivolous status, thus raising concerns in the build-up to general elections of Africa’s countries.The gale of defection in Nigeria and other countries is one that demands critical attention to preserve both the legal, political and even the moral sanctity of leadership in Africa. Election periods have always been the periods when politicians move from one party to the other looking for a ticket. This article therefore examines this political trend and its incidental issues in the light of the Constitutional provisions of selected countries in Africa as well as case laws on the matter.Is the trend healthy for the political leadership development in the continent? The paper examines the existing regulatory frameworks and clearly articulates on the lack of effective implementation of internal democracy within political parties in redressing this problem. The paper calls for concerted efforts of all stakeholders and proper implementation of the existing rules governing internal democracy within political groups.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

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Authors: Benson Ayodele Oloworaran

Abstract:

The validity of the constitution and guidelines of political parties necessary for their internal governance and party structure is constitutionally recognised. Such constitutions and guidelines regulate their domestic affairs, ensure internal democracy and preserve the federal character template of the Constitution of the Federal Republic of Nigeria. However, the supremacy of a political party’s constitution and the independence of organs created there under within their sphere of authority has always been a subject of controversy, especially between the state legal officer and the national legal officer. This issue arose in the case of Akawo v PDP& Ors as to the implications of the bifurcation of powers between the various strata of authorities established under the Constitution of the Peoples Democratic Party. Employing the doctrinal approach, this paper reviews the decision in that case and concludes that the decision deepens and entrenches internal democracy of parties as well as prevents arbitrariness and usurpation of the power of one office by another within the party.

Category: Case Comment

Publication: Volume 1 , Issue 1 (2026)

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Authors: Omoniyi Bukola Akinola, Faith Modupe Akinola

Abstract:

The menace of court congestion is one of the challenges bedeviling the Nigerian Judicial System that calls for concerted efforts among stakeholders in tackling the adverse effect at all levels. Many scholars, judges, lawyers as well as litigants have decried the malady of this cancerous enigma that has eaten deep into the fabric of the Nigerian judicial system. The impact of which is felt in the socio-political realm. Hence, the call for drastic concerted efforts to decongest the courts for the expeditious disposal of cases thereby creates an environment for timely dispensation of justice and economic growth. The paper adopts the doctrinal methodology of research by looking at the opinion of authors, judicial decisions, and opinions as well as some statutes. This paper analyses the concept of court congestion in Nigeria by examining the remote and immediate causes and its effects on the growth of Nigeria into nationhood and made recommendations on the way forward. Consequently, this paper called on all stakeholders in the judicial system to fight against court congestion thereby making for easy, fast, and expeditious dispensation of Justice in Nigeria.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

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Authors: Oteyi Kpomasiruchi, Great Simeon Kinikachi

Abstract:

This comprehensive study delves into the complexities of the Public Officers Protection Act, a legislation that has far-reaching implications for governance, accountability, and the rule of law. The research undertakes a critical examination of the Act's provisions, exploring the tensions between immunity and liability, and the consequences of this delicate balance for public officers, citizens, and the State. By investigating the theoretical underpinnings and practical applications of the Act, this study aims to contribute to a nuanced understanding of the challenges and opportunities presented by this legislation. The research explores the historical context and evolution of the Public Officers Protection Act, tracing its development and amendments over time. It then examines the Act's key provisions, including the scope of immunity, the exceptions to immunity, and the procedures for invoking immunity. The study also investigates the impact of the Act on various stakeholders, including public officers, citizens, and the judiciary. Furthermore, this research evaluates the effectiveness of the Public Officers Protection Act in achieving its intended objectives, including the promotion of good governance, accountability, and public trust. It identifies the strengths and weaknesses of the Act, highlighting areas for reform and improvement. The study's findings will inform policy and legislative reforms, ultimately contributing to the development of a more balanced and effective framework for public officers’ liability that promotes accountability, transparency, and good governance.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

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Authors: Amarachi Chizaram Okonkoh, Martina A. Ebikake-Nwanyanwu

Abstract:

On 29 November 2021, a Nigerian Court in the matter of Re: Olatunde, delivered judgment conferring parental rights in respect of a child born pursuant to a gestational surrogacy arrangement, on the intending parents. The decision in Re: Olatunde is perhaps the only known case where a Nigerian Court was called upon to determine the legality of a surrogacy contract and to make a declaration of legal parentage in favour of the intending parents. This decision is significant because of the absence of surrogacy or Assisted Reproductive Technology (ART) specific laws in Nigeria. This case review therefore discusses the concept of surrogacy and ART generally and examines the basis upon which the court reached the decision conferring parental rights on the intending parents. It appraises the significance of the decision and specifically enquiries into whether the decision has aided in clarifying the Nigerian law on gestational surrogacy, and advanced Nigeria’s jurisprudence on this subject. It concludes by emphasizing the need for the enactment of ART specific laws for the purpose of further clarifying the Nigerian ART law.

Category: Case Comment

Publication: Volume 1 , Issue 1 (2026)

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Authors: Martina A. Ebikake-Nwanyanwu, Nwokolu Atejimah

Abstract:

Over the past few years, the Nigerian labour industry has evolved greatly, with a shift from the standard form of employment to a more flexible pattern. The trajectory of the labour market and its move towards flexibility has rather made the practice in the labour industry complicit and an area which is deserving of attention from all stakeholders. This is due to the gradual slide from the traditional full-time employment to the contracted and outsourced form of employment. This form of employment has gained prominence and recognition, particularly in the banking sector which is the core area of this study. It has introduced an unfair practice of labour in this sector and in the economy of Nigeria at large as against the context of the international labour standards. Casualisation and outsourcing of labour have been identified as a global phenomenon, which has necessitated a comparative analysis of its practice and its legal response in Nigeria to that of other countries, such as the United Kingdom and India. This study examines the legal framework in these countries on casualisation and outsourcing of labour and brings to forbear the factual existence of economic liberalisation and privatisation which are necessary factors for economic development as primary indices of these practices.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

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Authors: Uchechukwu Esther Oloworaran

Abstract:

Political party representation is not only an imperative in any egalitarian society; it is one of the hallmarks of democracies. Such representation is largely determined by party structure, political ideologies, the degree of control exerted by party leadership and such intricacies. Political party representation could become a very complex issue due to competing interest and thus lead to internal wrangling, weakening of the party structure and sometimes disintegration of the body. It has also been the subject of very contentious litigation. Using the doctrinal research methodology, the focus of this paper is to appraise the adequacy and efficacy of the laws regulating political party representation. The paper, therefore, evaluates the provisions of the various legal instruments which regulate the activities of political parties to determine the true spirit embodied therein, and the level of compliance exhibited by the political parties. It examines the concept of political party representation in terms of what it entails; its scope of application and implication within the different political groups and the society at large, using PDP and its party constitution as a case study. The paper finds that party representation has largely been regulated by the legal regimes subject to party autonomy in determining its internal representation and governance.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

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Authors: Hildagard C. Desmond-Ihekaire Ph.D,MCArb, Jessica A. Ajonumah Andrew-Jaja, ACIArb (UK)

Abstract:

This discourse exposes the queer conditioning of women as routine followers within political spaces: a politically inherited pre-colonial compromise that has suppressed women’s legal rights in political parties. The paper embraced a doctrinal methodology within a social and historical cross-based analysis of the development of women in politics and the legal rights of women to participatory justice in political parties in Nigeria. The incorporation of gender-based perspectives in politics and policy making process is imperative for development, and this paper highlights the evident need for political parties to structure gender participation in power sharing and representation and the imperceptible ruin which political gender imbalance thrusts on the Nigerian society. The essence of political participation in any society, either civilized or primitive, is to seek control of power, and the goal of feminist theory is to explain why women are subordinated. In other words, to fully understand the experience of discriminated women, one must consider the total dimensions of their reality. The National Gender Policy 2021-2026identified structural factors inhibiting the participation of women in politics and unless these factors are addressed, any effort geared towards improving the participation of women in governance and power, will simply be futile twirling. The paper concluded that women’s wings of political parties must have clearer and achievable leadership goals and aspirations and the political party remains responsible to providing capacity building for women’s rights as well as proactively securing more women in power.

Category: Original Article

Publication: Volume 1 , Issue 1 (2026)

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