Browsing by Author "Yahya Duro Uthman Hambali"

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    Covid-19 protocols, traditional religious beliefs and constitutional rights in the context of Nigeria and its people
    (2022) Yahya Duro Uthman Hambali
    The traditional African belief is woven around supernatural being and deities such as belief in Islam and Christianity, belief in the African myths and deities such as Ifa (god of divination), Sango (god of thunder), Ogun (god of iron), Oya (god of river), Obatala (god of purity), and Osayin (god of divination or efficacious medicine). They also believe in the healing powers of these supernatural beings on all ailments and pandemics. The cvid-19 pandemic has attracted rigorous requirements of social distancing and lockdown. The health challenges brought about by its sudden appearance have impacted negatively on the communal life of Africans and the requirements of congregational prayers. The policy requirements of social distancing does not sit well with most Nigerians against the backdrop of their fundamental rights to freedom of thought, conscience and religion; peaceful assembly and association; and freedom of movement under sections 38, 40 and 41 of the Constitution of the Federal Republic of Nigerian 1999. The key objective of this article, therefore, is to interrogate the impacts of the covid-19 policies on social distancing and religious congregation and movement, and to find out whether there have been infringements of any or all of the constitutional rights, and whether any or all of the infringements are excused by any principle of law.
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    Integrating Victim Perspective into the Nigerian Criminal Justice System Through an Assessment of Pre-Colonial Adjudicatory Process
    (2022-02) Yahya Duro Uthman Hambali
    The traditional methods of dealing with crimes among the early Nigerian communities accommodated the crime victim as a necessary party in the process. With the introduction of the English criminal justice system to Nigeria, the victim ceased to be a necessary party to trials. This article investigates the treatment of the victim in the two periods. With the aid of doctrinal methodology, the study finds the traditional method to be more comforting to the victim than the modern system. The article recommends reincorporating those aspects that are victim-friendly into the present Nigerian criminal justice system.