ABSTRACT The rule of law informs acts and decisions according to prescribed rules and procedures to promote certainty, uniformity and consistency in the application of the law. This is expanded by the demands of the interest of justice and the well-entrenched common law doctrines of stare decisis (stand by the decided) and res judicata, which dictates that a competent court cannot revisit issues already determined. Article 81 of the Namibian Constitution, read with section 17 of the Supreme ...
ABSTRACT In the light of globalization, the establishment of the World Trade Organization (WTO) in 1995, and the establishment of the Southern African Development Community (SADC) in 1992 and the Southern African Customs Union of 1969 (SACU), this research examines the approach (both internationally and regionally) towards one of the important disciplines, namely, competition policy. While the WTO-GATT Agreement of 1995, does not contain a chapter on competition law, Article 25 of the SADC P...
Abstract The case for cross-border merger control and the need for a supranational merger control system has been debated upon and several scholars have written extensively on the subject. What is immediately evident from literature is that it is not easy to regulate such mergers because of the challenges encountered. The challenges are pronounced in developing and emerging economies (DEEs) as arguably they have less experience in the enforcement of merger laws and lack adequate resources for...
Introduction to the study “As a consequence of complementarity, the number of cases that reach the Court should not be a measure of its efficiency. On the contrary, the absence of trials before this Court, as a consequence of the regular functioning of the national institutions, would be a major success”
ABSTRACT This study addresses a number of pertinent issues concerning Traditional Cultural Expressions [TCEs], specifically in relation to what they are and the dilemma surrounding ownership vis-à-vis custodianship in an environment that is biased towards protection of Intellectual Property Rights. The present inadequate legal recognition and, ultimately, insufficient international recognition and protection of TCEs has orchestrated the misappropriation of such works for the benefit of the ...
The Institute has immortalized through its public lectures eminent Nigerian jurists who during their lifetime made monumental contributions to the development of the law. One of such jurists was the late Professor Jadesola Akande. Topics of previous lectures traditionally focused on constitutional law and the rights of vulnerable groups. This year’s lecture which examines the Juvenile Justice System in Nigeria is delivered by Professor Oluyemisi Bamgbose, a Professor of Criminal Law, Crimin...
ABSTRACT The parliament, as one of the institutions of democracy, is unique. For democracy to take root, citizens need ways to make their voices heard and incorporated into policy decisions. Parliaments provide such ways to articulate popular will. They serve as the peoples’ branch of government alongside the executive and the judicial branches as necessary institutions for democratic good governance. Parliaments in Africa face enormous capacity challenges, especially in countries where a s...
ABSTRACT This study aims at highlighting the plight of Internally Displaced Persons (IDPs), the grave violations of human rights they are victims of and the multiple difficulties they find themselves in for being forcibly displaced, on the one hand, and the absence of internationally recognized legal instruments on the rights of IDPs and institution with the specific mandate of protection and assistance to internally-displaced persons (IDPs), on the other hand. This work focuses on Cote d’I...
ABSTRACT This paper evaluates the ownership and control of oil and gas in Nigeria and the experiences with other jurisdictions. As it is a common knowledge that the bulk of Nigeria revenue is derived from petroleum produce for many years now up until the recent drop in the price of petroleum due to the COVID-19 pandemic. With this knowledge, this paper intends to reveal the intendment of the legislature by vesting ownership and control of oil and gas to be within the purview of the State. Sec...
ABSTRACT The recent revelation that it takes twenty two long years to conclude a case up to the Supreme Court, and between five to ten years at the state High Courts, which has made public the challenge of criminal justice administration in Nigeria is startling. Even without further query, it presupposes that the problem with the judiciary is deeply entrenched at the root of its entire structure, and beginning from the court gatemen to bailiffs, clerks, registrars, and messengers down to typi...
ABSTRACT This long essay aims to examine the existence of rights, under the provisions of the Administration of Criminal Justice Act (ACJA) 2015, accorded to victims of crime, witnesses in criminal proceedings and criminal defendants and analyze them through comparison with both the antecedence of Nigerian administration of criminal justice as well as global and international standards on these rights through a qualitative doctrinal research of said Act. The purpose of this is to explore the ...
ABSTRACT With the passing of the Universal Declaration of Human Rights, 1948 and signing of the International Covenants on Civil and Political Rights, 1966 and the Economic, Social and Cultural Rights, 1966, there has been a global emphasis on human rights. The issue of patients’ rights has also been brought to prominence with the advent of modern technology and the availability (and use) of artificial measures to prolong life; the evolution of legal rights and duties of patients, an increa...
The parliament, as one of the institutions of democracy, is unique. For democracy to take root, citizens need ways to make their voices heard and incorporated into policy decisions. Parliaments provide such ways to articulate popular will. They serve as the peoples’ branch of government alongside the executive and the judicial branches as necessary institutions for democratic good governance. Parliaments in Africa face enormous capacity challenges, especially in countries where a st...
The Family Justice System, also known as the Juvenile Justice System developed out of a concern for the position of children and young persons in the society.
ABSTRACT Court-connected Alternative Dispute Resolution (CCADR) or Multi Door Courthouse (MDC), adopted by two Nigerian States and the Federal Capital Territory, is the integration of Alternative Dispute Resolution (ADR) into the court system to facilitate access to justice. Several studies have examined the operations of the three MDCs in Nigeria, but studies on their practice and procedure in Nigeria compared with those in the United States of America (USA) and the United Kingdom (UK) have...