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- ItemAN EXAMINATION OF LEGAL FRAMEWORK OF INSTITUTIONS OF CRIMINAL JUSTICE ADMINISTRATION IN THE MAGISTRATE COURT, NIGERIA(ANNALS OF THE “CONSTANTIN BRÂNCUȘI” UNIVERSITY OF TÂRGU JIU LETTER AND SOCIAL SCIENCE SERIES, 2024-02-01) Bilikis AYINLA-AHMADLEGAL FRAMEWORK IS VERY CRUCIAL TO ANY JUDICIAL DISPOSITION AS THIS CONSTITUTE THE BASIS FOR ANY OFFICIAL FUNCTION AND DETERMINES THE EVENTUAL CONSEQUENCE. THIS PAPER IDENTIFIES THE THREE BASIC INSTITUTIONS OF CRIMINAL JUSTICE ADMINISTRATION IN THE MAGISTRATE COURT. WHICH ARE THE LAW ENFORCEMENT, THE COURT AND THE CORRECTIONAL SERVICE. THUS, IT AIMS AT CRITICALLY EXAMINING THE LEGAL FRAMEWORK OF THE INSTITUTIONS OF CRIMINAL JUSTICE ADMINISTRATION IN THE MAGISTRATE COURT OF NIGERIA, THESE INSTITUTIONS ARE INDEPENDENT ON THEIR OWN BUT WHEN IT COMES TO CRIMINAL JUSTICE ADMINISTRATION, THEY BECOME INTERDEPENDENT, EACH RELYING ON ONE ANOTHER TO ACHIEVE EFFICIENT CRIMINAL JUSTICE ADMINISTRATION. THUS THEY BECOME ONE WHOLE IN THE CRIMINAL JUSTICE ADMINISTRATION. THE PAPER IN EXAMINING THE INSTITUTIONS EQUALLY IDENTIFIES THE RELEVANT LEGAL FRAMEWORK OF EACH INSTITUTION AND THE CHALLENGES ASSOCIATED WITH THE DISCHARGE OF THEIR FUNCTION AS AN INTERDEPENDENT INSTITUTION OF CRIMINAL JUSTICE. THE PAPER FINDS MAJORLY THAT IN THEIR INTERDEPENDENT RELATIONSHIP IN CRIMINAL JUSTICE ADMINISTRATION THEY LACK SYNERGY AND RECOMMENDATIONS ARE MADE ACCORDINGLY FOR IMPROVEMENT AND AT THE LONG RUN ACHIEVING EFFICIENT CRIMINAL JUSTICE ADMINISTRATION IN THE MAGISTRATE COURT
- ItemSubmission of Victim Impact Statement to a Sentencing Judge: The Significance of Introducing the Scheme to Sentencing Hearing in Nigeria(2023) Yahya HambaliThe current Nigerian criminal justice system prevents rime victims from having the benefit of telling the sentencing judge what harm they have suffered and how their need for effective recovery may be attended to. Whereas different victim-oriented policies and programmes have emerged in the English criminal justice system and those of some common law countries, the voice of the crime victim is still opaque to the sentencing judge in Nigeria. The Administration of Criminal Justice Act, 2015, which requires a sentencing judge to consider— among others—the interest of the victim in his sentence, leaves the judge with wide discretion that has occasioned some inconsistencies in sentencing outcomes. Accordingly, the article aims to do a comparative study of the English criminal justice system and a few other common law jurisdictions to find out how this lapse in the law can be corrected. The study adopts the doctrinal methodology to discover how the English sentencing judge is assisted to understand and attend to the effects of crime on the victim. The research discovers that the use of the Victim Personal Statement—referred to as Victim Impact Statement (VIS) in other jurisdictions—has tremendously helped both the sentencing judge and the victim in this regard. Accordingly, the article recommends the use of the VIS in the sentencing hearing in Nigeria in order to cover the gap in the law and promote the recognition of the harm suffered by crime victims.
- ItemCovid-19 protocols, traditional religious beliefs and constitutional rights in the context of Nigeria and its people(2022) Yahya Duro Uthman HambaliThe 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.
- ItemIntegrating Victim Perspective into the Nigerian Criminal Justice System Through an Assessment of Pre-Colonial Adjudicatory Process(2022-02) Yahya Duro Uthman HambaliThe 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.
- ItemOIL AND GAS LOCAL CONTENTS IN NIGERIA, GHANA AND BRAZIL: A COMPARATIVE ANALYSIS OF LEGAL AND POLICY FRAMEWORKS(2020) Abiodun AMUDA-KANNIKE, SAN, PhD; Sylvanus, ABILA, PhD; Deinmobowei O. S. ABILA, LLMThe paper comparatively analyses the Nigerian oil and gas Industry Content Development Act 2010, Act No. 2, the Ghanaian Petroleum (Local Content and Local participation) regulations, 2013 (1.i 2204) and the Brazil’s Oil & Gas Local Content Policy. The paper commences with an introduction, an examination of the history and development of local content regulation in the oil and gas industry in Nigeria, the Ghanaian Petroleum (Local Content and Local participation) Regulations, 2013 (1.I 2204) and the Brazil’s Oil & Gas Local Content Policy. The paper adopts the historical, comparative, law and development approaches, in appropriate places. The paper ends with a conclusion and a set of recommendations. Keywords: Comparative Analysis, Local Content, Oil and Gas, Nigeria, Ghana, Brazil