Faculty of Law

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2. Right of Nature in Africa: Assessing the Feasibility of Granting Legal personhood to Rivers and Forests
(Kampala International University (KIU), 2026-04-02) Collins Ekpenisi; Amos Godfrey Atim; Olawumi Odeyinka-Apantaku; Adelowo Stephen Asonibare; Ntale Rogers
A global movement has begun to grow, one that argues that nature itself ought to be viewed as an important subject of law and not only an object of mere regulations. This growing idea is often described as granting rights of nature or legal personhood to natural entities, which includes important environmental elements like forests, rivers, and some other components of the ecosystem. Drawing insights from emerging global experience, this study assesses whether granting rights of nature or legal personhood to natural entities across the continent is currently viable and, if so, what the recognition and adoption might entail. The study employs a doctrinal approach, alongside a structured narrative review style and complemented by illustrative case examples, to highlight how significant this notion of legal personhood to natural entities has become worldwide and its implications for Africa. Potential legal, guardianship and institutional challenges in its adoption are highlighted, as well as promising prospects for Africa’s environmental governance if widespread acceptance and recognition of the rights of nature are ever achieved. The study reignites the historical idea that Africa’s pre-colonial legacy was always accustomed to the idea of natural entities bearing a semblance of personhood, and provides recommendations that African states must adopt if the continent is ever to utilise the concept of rights of nature to help address its current environmental challenges, improve accountability, and also, possibly, widen access to environmental justice.
23. Olokooba S.M, Dr. Olatoke J.OAdvocating For Progressive Tax System as a Panacea to Economically-Induced Conflicts in Nigeria
(International Journal of Humanities and Social Science, 3 (5), 2013) 23. Olokooba S.M, Dr. Olatoke J.O, F.F. Abdulrazaq, Olatinwo K .Y
Security, Peace and Conflict management is now of global concern. Their effective management may lead to peace, human and material development, while their mismanagement may lead to chaos and crises. Conflicts are of various types, but the prevalent one rampaging Nigeria today is the economically induced conflict. Due to bad management of economy, un-even distribution of state wealth, embezzlement of state funds, conflict now becomes a phenomenon defies of common solution in Nigeria. Premised on this, this paper examines the basic principle of security, peace and economically-induced conflict vis-a-vis the progressive tax system. The paper raises issues on the Nigerian tax system, types and causes of conflict and the interrelationship between peace, security and conflict. The paper further examines the jurisprudential basis of using progressive tax system to manage economically-induced conflict and concludes that, progressive tax system could effectively be used to tackle economically-induced conflict in Nigeria. Keywords: Peace, Security, Economically-Induced Conflict, Progressive Tax System, Nigeria, Panacea, Advocating. 1. Introduction Security, Peace and Conflict are three major indices on developmental strives of most Afri
A case for the fusion of anti-graft agencies in Nigeria
(Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019-02-20) Sylvanus Abila; Abiodun Amuda-Kannike; Joshua Kprake
This paper interrogates the existence of several agencies in Nigeria and makes a case for the fusion of all anti-graft agencies in Nigeria as it is in some other developed countries in the world such as Singapore and Hong Kong. The paper further highlights the advantages of such a fusion with a conclusion and recommendations.
A Combating Irhab (Terrorism) Vide Afwu (Amnesty Grant) under Shari’ah: A Systematic Comparison with Nigerian Legal Regime
(College of Law, Fountain University, Osogbo, 2025-02-03) Abdulrazaak O. Zakariya
Abstract Terrorism has been a cankerworm inflicting pain on all and sundry across the universe. The innocent civilians have been at the receiving end. The ugly situation is not an exception in Nigeria. The legal regime criminalises the act of terrorism and searches for permanent preventive measures which culminates in the amnesty grants to terrorists in the country. Despite several amnesty grants to the terrorists in the country, it has not led to prevention due to incessant unexpected attacks by the terrorists. This article looks beyond the Nigerian legal regime of amnesty grants and ventures into the position under Shari‘ah jurisprudence regarding combating terrorism vide amnesty grant with a systematic comparison with the Nigerian legal regime. The article purely adopts the doctrinal method of legal research and finds that the grant of amnesty to terrorists under Shari‘ah jurisprudence is conditioned upon genuine repentance on the part of the terrorists before their arrest and non-commission of murder during the previous act of terrorism which conditions are absent in the Nigerian legal regime. The study recommends the Shari‘ah jurisprudential conditional approach to the Nigerian government.
A Comparative Analysis of Judicial Attitude to the Interpretation of Taxation Statutes in Nigeria, United Kingdom and United States.
(Department of Private Law, University of Maiduguri., 2021) Isau Olatunji Ahmed
Under the concept of separation of powers, the Judiciary is the arm of government saddled with responsibility of interpretation of law. In discharging this onerous responsibility, there are some rules of interpretation that have been developed overtime to guide judges in this regard. Taxation statutes, unlike other civil statutes, are regarded as penal in nature and therefore taxpayers of their proprietary rights. The courts, therefore, usually give strict interpretation to taxation statutes bearing in mind that finding against the taxpayer will result in deprivation in part of his profit and interest. On other occasions, however, the courts have been liberal in their interpretation of taxation statutes. This is suggestive of the fact that interpretation of taxation statutes can be dependent on the judges, but rather, it varies from country to country due to the understanding of the judge involved as well as the peculiar facts and circumstances of the case. Therefore, in order assess the attitude of courts towards taxation statute, this article uses the interpretation of taxation statutes in Nigeria, United Kingdom and United States as a yardstick for comparative analysis of judicial attitude to interpretation of taxation statutes across these three tax jurisdictions namely Nigeria, United Kingdom and the United States.
A Comparative Analysis of the Doctrine of Separation of Powers Under the 1999 Constitution and the Shariah Legal System
(Faculty of Law, Al-Hikmah University, Ilorin, 2015) IJAIYA NAJEEM ADEYEMI
A Comparative Analysis of the Doctrine of Superstition of Powers Under the 1999 Constitution and the Shariah Legal System
(Faculty of Law, Al-Hikmah University, Ilorin, 2015) IJAIYA NAJEEMDEEN ADEYEMI
A COMPARATIVE REVIEW OF MODERN CONCESSION CONTRACT (MCC), AND PRODUCTION SHARING CONTRACT(PSC)
(FACULTY OF LAW, ALHIKMAH UNIVERSITY, 2015-07-18) MAGAJI W. OWOLABI, KUDIRAT
The importance of oil and gas to the growth and development of world energy supply cannot be over emphasised. There are four basis arrangements to develop petroleum between host countries and the multinational oil companies: they are Modern Concession Contract (MCC), Production Sharing Contract(PSC), Participation Arrangement (PA) and, the Service Agreement (SA). This paper is principally concerning with Petroleum Upstream Contract and Arrangements. Upstream are all the services required to find and produce the oil and gas. Therefore, the focus of this paper is to examine the two basic systems of Modern Concession and Production Sharing Contract Arrangements, and see how host countries can make legal and contractual terms as attractive as possible to foreign investors, while still protection the critical interests of their states.
A CRITICAL ASSESSMENT OF ENFORCEMENT MECHANISM UNDER CUSTOMARY ARBITRATION PRACTICES IN NIGERIA.
(FACULTY OF LAW, UNIVERSITY OF MAIDUGURI, 2019-04-19) KUDIRAT MAGAJI W.OWOLABI
The article examines the existence of customary arbitration and the enforcement of its awards in Nigeria prior to the emergence of adversarial system of resolving disputes which was introduced by the British colonial administration. The aim is to discuss the historical background and the enforcement mechanism under customary arbitration practices in Nigeria. the article examines, in the constitutional and judicial contexts, the question of how the practice of customary arbitration has bee recognised in Nigeria. the article further contends that by the arrival of the British, certain conditions must be satisfied before arbitration conducted under customary law could be valid and enforceable. However, the introduction of the English legal system which is litigation centered did a lot of damage to customary system of dispute resolution. The unjustified conditions introduced which was influenced by the British doctrines for the enforcement of customary award has no basis in law and is detrimental. It is further argued that the attitude of our judges towards customary arbitration is inspired by an inherent colonial legacy which can be traced to the colonial sense of supremacy which relegates customary law to a status inferior to English law and the failure on the part of our judicial officers to creatively outgrown that legacy
A critical assessment of the regulation of cryptocurrency in Nigeria.
(Faculty of Law, University of South Africa., 2024) Isau Ahmed Olatunji
Over the years, there has been a tremendous increase in the use of cryptocurrency as a virtual means and form of payment worldwide. However, in recent years, there has been a steady increase in the use of cryptocurrency for illicit and criminal activities such as money laundering, financing terrorism, and other illegal activities. In addition, the virtual nature of cryptocurrency creates opportunities for tax evasion, thereby constituting a serious tax challenge for countries. This makes it necessary for countries to put in place measures to regulate cryptocurrency to prevent its use for illicit and criminal activities. Various countries have established certain measures and legislations to regulate the use of cryptocurrency. The objective of this article is to examine the nature of cryptocurrency as well as its regulation in some selected jurisdictions. The paper will also examine how cryptocurrency is currently regulated in Nigeria.
A Critical Examination of the Enforcement of ICJ Decisions through the Organs of the United Nations
(American Research Institute for Policy Development, 2018-06) Amuda-Kannike Abiodun SAN; Abila Sylvanus
The basis of the establishment of the International Court of Justice (ICJ) is that its decisions should be enforceable and binding on most Nations of the World, but it has been seen that in reality, the decisions of the ICJ over the years have become extremely difficult to enforce leading to the efforts in making sure the said decisions are enforced through several methods other than cohesive or military interference. As a result, it becomes necessary to involve the organs of the United Nations in the enforcement of the ICJ decisions in order not to make the ICJ a toothless bulldog. This contribution therefore examines the usefulness of the organs of the United Nations such as the Security Council, the General Assembly and Secretary-General office among others, in the enforcement of such decisions. It concludes by stating that the usefulness of the organs in the United Nations is not adequately in the enforcement of the decisions of the International Court of Justice.
A CRITIQUE OF NATIONAL RESPONSE TO SPACE ACTIVITIES: THE NIGERIA SITUATION
(Ebonyi State University Law Journal 9 (2), 2018) OLATINWO KHAFAYAT YETUNDE AND IGBAYILOYE OLUWATOSIN BUSAYO*
A DECADE IN RETROSPECT: ANALYSIS OF SOVEREIGN IN NIGERIA
(Department of Sharia, Faculty of Law, University of Maiduguri, Nigeria., 2025) Zubair, Aishat Abdul-Qadir
This paper explores the emergence and implications of sovereign Sukuk issuance in the Nigerian financial landscape. Sukuk, as Islamic financial instruments, have gained global recognition for their compliance with Shari’ah principles and their potential to mobilize capital for infrastructure development. This paper provides an in-depth analysis of the historical context and regulatory framework surrounding the introduction of sovereign Sukuk in Nigeria. The study delves into the motivations driving the Nigerian government's adoption of Sukuk as an alternative financing mechanism, considering factors such as economic diversification, infrastructure deficit, and the desire to attract Islamic investments. Through a comprehensive literature review via doctrinal research, the paper evaluates the performance and impact of sovereign Sukuk on Nigeria's economic indicators, fiscal policies, and the broader financial market. Furthermore, the research assesses the challenges and opportunities associated with the implementation of sovereign Sukuk , considering both domestic and international perspectives. It investigates the investor perceptions, market dynamics, and regulatory adaptations required to facilitate the successful integration of Sukuk within Nigeria's financial architecture. The findings of this study contribute to the existing body of knowledge on Islamic finance, offering insights into the specific context of sovereign Sukuk within the Nigerian economic landscape. The paper concludes with policy recommendations and prospects, aiming to guide policymakers, financial institutions, and investors in navigating the evolving landscape of Islamic finance in Nigeria.
A Diagnostic Appraisal of the Clogs in the Enforceability of Prisoners Rights under the Nigerian Law
(Department of Public Law, Faculty of Law, University of Jos, Jos, 2012) IJAIYA NAJEEMDEEN ADEYEMI
A Fibi S'ólóore- A Study of Olúṣẹ́gun Ọbásanjọ́ as a Fringe Yorùbá Elite .
(Pan African University Press, 2021) Animashaun, Oyesola
Yorùbá minstrels highlight varied aspects of a person’s ancestral attributes. A constructed poem for a Yorùbá lineage, A fibi sú olóore, tí ó ta àna rẹ̀ lọ́fà, (an ingrate, who repays his in-laws by shooting at him) seem to fit Ọbásanjọ́ like a glove. The aim of the study is to identify the extent to which Ọbásanjọ́ has advanced himself by using the Yorùbá ethnic currency; and had advanced laws and policies which are detrimental to the Yorùbá national interest. The methodology adopted is qualitative and reliance is placed on Ọbásanjọ́’s own accounts, the undisputed renditions of his superiors, colleagues and associates. The work is examined through the prism of Machiavelli and elite theories. The study revealed that the mainstream Yorùbá elites continually fall prey to Ọbásanjọ́’s devices and concludes that the subject used the Yorùbá ethnic currency as a passport to glory in Nigerian public life at the detriment of his nation.
A Judicial Misconcpetion of Mosque Dispute in a Common Law Jurisdiction: The Supreme Court's Declaration of High Court's Jurisdiction in Imamship Dispute in Nigeria
(Miyyeti Research and Publications, 2017-03) Syed Abdulkader, Sharifah Zubaida; Ishola, Abdullahi Saliu
The Supreme Court of Nigeria declares jurisdiction for the State High Court in Imamaship Disputes on the ground that such disputes does not fall within the purview of Islamic Personal Law matters as spelt out in the 1999 Constitution of the Federal Republic of Nigeria. Whereas waqf is listed as an Islamic law personal law matter and Mosque is by law considered a waqf. This implies that Imamahsip dispute is a waqf management dispute. Therefore, the State High Court ought not to have jurisdiction. This paper examines the decision of the Supreme Court in the case of Abdulasalam v. Salawu whereas the erroneous decision as reached.
A JURISPRUDENTIAL REVIEW OF THE CONTROVERSIES ON THE PUNISHMENT OF ADULTERY IN ISLAMIC CRIMINAL LAW.
(Nnamdi Azikiwe University, Akwa, 2025-07-06) Abdulrazaak O. Zakariya
Adultery and fornication are both offences technically referred to as zina under the Islamic law. Adultery and fornication are also both prohibited in Shari’ah through use of the word zina (an Arabic term) in the text. However, it must be said that punishment attached to adultery by the Shari’ah is different from that of fornication. While the offence of adultery attracts rajm (stoning to death), the offence of fornication attracts whipping with 100 lashes and an exile for a year. Hence, this paper, through a doctrinal method looks into the offence of adultery vis-à-vis its concept, prohibition and its punishment under Islamic law, and the contradiction and confusion galore on the punishment of stoning to death by some contemporary scholars. The paper finds that the punishment the for offence of adultery is rajm (stoning to death), while that of fornication is whipping with 100 lashes and a year exile or imprisonment. Finally, recommendations are made generally to the Muslims Ummah and specifically to those saddled with the responsibility of manning the court where applicable
A LEGAL ANALYSIS OF GENDER DISCRIMINATION AT THE NIGERIAN AND SOUTH AFRICAN WORKPLACE
(Ife Centre for Psychological Studies, 2019-12-29) Oyesola Animashaun
The issue of workplace discrimination based on gender is contentious in countries like Nigeria and South Africa, with many authors questioning the status quo that seems to favour a particular gender. There have also been arguments on the legal regime and anti-discriminatory laws best suited to address the observed gender inequality in Nigeria and South Africa. Thus, this article examines the adequacy of the laws promoting gender equality at the workplace in Nigeria and South Africa. The article adopts qualitative method to analyze both the Nigerian and South African anti-discriminatory laws, especially as it relates to achieving gender equality in the workplace. The article finds that the South African statutes on gender equality is more robust than the Nigerian statutes. South Africa has also developed institutions, mechanisms and policies to administer these laws. Consequently, the article concludes that there is a need to tighten Nigerian laws on gender equality by developing strong laws and institutions like the South African system in order to deliver equality at the Nigerian workplace. Further, this article recommends that the adoption of affirmative action in Nigeria should be done with caution in order not to compromise merit.
A Legal analysis of the innovations and reforms in the new Companies and Allied Matters Act 2020 and its envisaged challenges
(Faculty of Law, Kwara State University, Malete, 2022) Alade, A.J,, Okunowo O. A. & *Animashaun, O.*
The last time there was major reform in the Companies and Allied Matters Act was in 1990; this means that in the last thirty years, the Companies and Allied Matters Act has not undergone any major reform despite the fact that Nigeria is potentially endowed in the areas of both human and mineral resources. The reform witnessed in the Companies and Allied Matters Act 2020 is a welcome development. This is because for a country to attain her desired industrial, economic, agricultural and technological height, the laws of that country as related thereto should be investors friendly. The Companies and Allied Matters Act is one of such laws that enhances economic development, which will in turn lead to more job creation, poverty alleviation and the attainment of the United Nations Sustainable Development Goals No.8 which deals with decent work and economic growth. Attaining the SDGs as stated by the United Nations is one of the fundamental objectives Nigerian government be it local, state or federal. This article concludes that the innovations contained in the Companies and Allied Matters Act 2020, if well implemented, will enhance the ease of doing business in Nigeria and will attract both local and foreign i
A LEGAL ANALYSIS OF THE NIGERIAN NATIONAL INSPECTOR GENERAL FOR TAX CRIMES COMMISSION BILL, 2022
(University of South Africa (UNISA), 2024-04-29) ANIMASHAUN, O. & CHITIMIRA, H
The number of Ministries, Departments and Agencies (‘MDAs’) listed on the Nigerian Federal Civil Service official website is 1316. Although this figure is unwieldy, the cost of governance and the debt profile of these civil services are equally astounding. This prompted the Federal Government of Nigeria to set up the Oronsaye Presidential Committee on the Reduction and Rationalization of Federal Government Parastatals, Commissions and Agencies to consolidate the MDAs and reduce governance costs. However, the Nigerian National Assembly is currently deliberating on the National Inspector General for Tax Crimes Commission Bill, 2022 (‘the Bill’) with the aim of creating a National Inspector-General for Tax Crimes Commission. This article analyzes the Bill and the various statutes aimed at curbing tax crimes such as the Economic and Financial Crimes Establishment Act, 2004 (‘EFCC Act’) and the Federal Inland Revenue Services (Establishment) Act 2007 (‘FIRS Act’) in order to determine whether the Bill is not a duplication of these Acts and agencies. The adopted methodology is doctrinal. This article provides that creating a National Inspector-General for Tax Crimes Commission will inevitably lead to an increase in the cost of governance, overlapping functions, friction and conflicts with agencies such as the Federal Inland Revenue Services (‘FIRS’), Economic and Financial Crimes Commission (‘EFCC’), the Revenue Mobilisation, Allocation and Fiscal Commission (‘RMAFC’) and the Nigeria Customs Service. Accordingly, there is a need to harmonise the existing revenue agencies, tax administration and enforcement mechanisms.

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