Browsing by Author "Francis Ikebundu Ekene"

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    COMPARATIVE APPRAISAL OF OFFENCE CLASSIFICATIONS AND STANDARD OF PROOF UNDER NIGERIAN CRIMINAL LAW AND SHARI’AH JURISPRUDENCE
    (Faculty of Law, Islamic University in Uganda, 2024-12-31) Francis Ikebundu Ekene; Ahmed A. Muhammed-Mikaaeel
    Involvement in crimes has become universal phenomenon. The need to have legal instruments for deterring people from crimes becomes a necessity. The law thus continues to play its role of social control vide criminal justice administration. The familiar legal regime of crime control in Nigeria is the Nigerian criminal law. However, there is little exposition to the Shari’ah criminal jurisprudence since very few States have taste of it. Most legal practitioners versed in the law, practices and procedures of Nigerian criminal law usually mixed them up with that Shari’ah criminal law and procedures. To address this problem, this paper discusses the topical issues of classification of offences and the standard required for proof of crimes in criminal cases by comparative appraisal of the Nigerian criminal law and Shari’ah criminal procedures. Vide reliance on the legal research doctrinal method, this paper comparatively appraises the classification of offences and the standard required for proof of crimes in criminal cases under the Nigerian criminal law as well as Shari’ah criminal jurisprudence. The paper thus orchestrates the areas of similarities and dissimilarities between the Nigerian criminal law and Shari’ah criminal procedures with respect to the areas of offence classification and the standard required for proof of crimes in criminal cases. This paper recommends shifting of interest to Shari’ah criminal jurisprudence for mastery of the legal system.
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    Legal analysis of the constitutionality of declaring a state governor incapacitated in office
    (Faculty of Law, Imo State University, 2026-12-01) Francis Ikebundu Ekene; Ahmed Abiodun Muhammed-Mikaaeel
    The issue of gubernatorial incapacitation in Nigeria presents a complex dilemma, balancing the public interest in continuity of governance with the individual rights of the Governor. This paper examines the existing legal framework outlined in the Nigerian Constitution, analyzing its strengths and weaknesses. The paper employs purely doctrinal methodology in analyzing the constitutionality of declaring state governor incapacitated in office and its source from the Nigerian Constitution. Through arguments for and against its constitutionality, the paper exposes potential vulnerabilities to political manipulation and inadequate safeguards for individual rights. Drawing comparative insights from other jurisdictions like the United States and Kenya, the paper proposes actionable reforms to strengthen the Nigerian system. These include a clearer definition of "incapacity," an independent medical panel, expanded judicial review, and provisions for temporary incapacitation. By implementing these recommendations, Nigeria can strive towards a more robust and transparent system that upholds both public interest and individual rights, ultimately strengthening Nigeria's democratic fabric and serving as a model for other nations facing similar challenges
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    Rights of Internally Displaced Persons (IDPs) in Myanmar, Ukraine, Azerbaijan, Turkey, South Sudan and Somalia vis-a-vis Shari’ah Jurisprudence
    (Faculty of Law, Ekiti State University, Ado-Ekiti, Ekiti State, Nigeria., 2024-12-15) Francis Ikebundu Ekene; Ahmed Abiodun Muhammed-Mikaaeel
    Reports on violations of the IDPs’ rights spurs this study to examine the rights of IDPs in Myanmar, Ukraine, Azerbaijan, Turkey, South Sudan and Somalia. Through doctrinal methodology, the study analyses the legal framework for the IDPs’ protection in the selected countries vis-a-vis Shari’ah jurisprudence. The study finds that Myanmar focuses on land acquisition as the major tool for addressing IDPs’ issues in the country; Ukraine adopts principle of non-discrimination in addressing the plights of the IDPs; Azerbijan focuses on poverty tackling and social right guaranteeing in their legal framework for the protection of the IDPs’ rights; Turkey adopts compensation approach towards solving different problems confronting the IDPs with stiff criticism; Sudan addresses the right issues faced by the IDPs through the principle of return, resettlement and reintegration in compliance with Kampala Convention; and Somalia focuses on the exploration of both national laws and international instruments with a view to solving numerous right issues being contended with by the IDPs. The study finds that Shari’ah jurisprudence is committed to the plights of the IDPs. The study identifies the common lapses in the selected countries and thus recommends the tackling of the root cause of armed conflicts by governments.