RENAISANCE UNIVERSITY LAW JOURNAL (RNULJ)

REVISITING THE JURISDICTIONAL CONFLICT PROVOKED BY THE DOCTRINE OF COVERING THE FIELD

2024-02-21T12:48:00+00:00

The paper examines the age old but still raging legislative controversy as to the extent and limits of the distribution of legislative power between the national and subnational legislatures in a federal system such as the ones practiced by Nigeria and Canada. The paper found that much as there has been an improvement in the understanding and interpretation of the doctrine of covering the field in a federal system of government characterized by law making at the various levels of the legislative hierarchy, there remains vast grey areas where the national and subnational legislatures still compete to outdo one another in the enactment of conflicting laws. The basis of the conflict within the grey areas have been highlighted in this doctrinal research through the use of both primary and secondary sources of data

A CRITICAL ANALYSIS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (FOURTH ALTERATION, NOS 4, 9, AND 16) ACTS, 2017.

2024-02-21T12:09:13+00:00

The paper examines the 4 th Alteration Act Numbers 4. 9 and 16 to the 1999 Nigerian Constitution and found that the alterations serve a useful purpose in fast tracking the electoral process. However, the alterations ought not be part of the Constitution but should be contained in ordinary laws so as to avoid frequent amendments to the Constitution. The paper further identifies the limitation on the powers of the legislature by judicial decisions with respect to legislating on time limitations for the conduct of judicial proceedings and recommends that the legislature can enact provisions vin laws as a way of overcoming the limitation imposed on it in this regard by the court.

FEDERAL CHARACTER AND CONSTITUTIONALITY OF ROTATION OF ELECTIVE POLITICAL OFFICES IN NIGERIA

2024-02-21T12:43:13+00:00

The Constitution of the Federal Republic of Nigeria 1999 (as amended) makes provision for the application of the federal character principle to all political posts at every level of government in Nigeria. However, the application to political posts has been limited to appointive positions to the exclusion of elective political posts. This paper examined the applicability of the federal character principle to elective political posts and the constitutional entrenchment of rotation and argued that the federal character principle is as applicable to elective positions as it is to appointive positions. It also argued that rotation of elective political posts which is thought to be a domestic arrangement of political parties is constitutional since all posts subject to the federal character principle are sharable. The paper adopted the doctrinal methodology through analytical exposition of the Constitution, the Federal Character Commission (Establishment, Etc.) Act as well as relevant journal articles. This paper found that the selective implementation of the federal character principle in relation to political posts is unconstitutional. This paper also reveals the absence of rotational formula for elective political posts and recommended the amendment of the existing formula for the distribution of all cadres of posts to accommodate elective political posts.

REMOVAL FROM OFFICE THROUGH IMPEACHMENT; A LEGAL PROCESS OR A POLITICAL TOOL?

2024-02-21T12:15:20+00:00

Apart from a declaration of war, the most solemn and important responsibility that the legislature bears is to wield the power of removal of the elected executive officers wisely. It is therefore critical that the process of impeachment, through which a few and insignificant percentage of the society, sitting in a legislative house may undo a national decision, should both be fair and be perceived to be fair. Impeachment is a basic constitutional safeguard, designed both to correct harm to the system of government itself and to protect the people from serious malfeasance in the carrying out of public functions. A discussion of impeachment, like we did in this article, was undertaken by simulation of an application of the “golden rule” canon of interpretation. If the provision of the 1999 constitution is to be followed, there can be no discussion of the law and practice of impeachment in Nigeria because it is non-existent. We had to look beyond the mere provisions of the constitution and deduced that the draftsmen, swayed by English and American pedagogy, applied the word “impeachment” alongside and distinct from removal, death, resignation and permanent incapacity as modes of creating vacancy in those positions. We found that the removal of elected public officers on the ground of impeachment is a political weapon but should be applied through a strengthened legal process to provide a check on the legislators. Unfortunately, it was found that the Nigerian Constitution placed the ‘de facto’ power of removal in the hands of the heads of the judiciary and not the legislature. Consequently, several recommendations were made as remedies to these lacunae.

LIFE FOR LIFE OR LIFE FOR LESS: VOICES AGAINST THE DEATH PENALTY?

2024-02-21T12:20:13+00:00

In this age, there is a growing sentiment to protect human rights in broad ramifications across the globe. A major sign of this deepening interest is the emerging consensus for the unrestricted demand for the protection of right to life, championed by the United Nations and supported by its numerous affiliate organizations and groups. It has even extended to the point of seeking total abolition of the death penalty without recourse to the gravity of offences involved and the consequences of a loose society. Granted that there have been, and are likely to continue, errors in the strict application of death penalty as a result of human fallibility, it cannot be denied that there are clear cases where capital offenders can be identified and the imposition of capital punishment justified. Essentially therefore, the pressure for unconditional abolition of death penalty does not appear to be fair, considering the danger inherent in granting heinous criminals a clear coast to carry out their nefarious activities. This article applied the analytical method of research to dig into the criticisms of death penalty, and the possible effects of allowing unrepentant criminals the open access to their acts against society. In addition, it assessed the value of the lives of capital punishment victims in comparison to those of the culprits who are subtly protected through the clamour for right to life as the ultimate human right. The study found that under cover of avoiding mistakes and discouraging arbitrary executions, society is on the verge of sacrificing victims of capital offences for lives of culprits in a bid to apply a lopsided human right to life. The study therefore recommended, inter alia, that the death penalty debate be reviewed in this age with some more dispassionate considerations to strike a balance between the harm done to the victims and the error intended to be averted. Even if it has to be conceded that capital punishment should be reserved for only the most serious offences, and that crimes which do not involve loss of life need not be included in this category, it will still be unfair to rule that all offences should be excluded from death penalty. For perpetuation of orderly living in society dictates that some form of punishment be framed to deter intending offenders from committing egregious crimes.

THE OPPORTUNITIES FOR EFFECTIVE DIGITAL COPYRIGHT PROTECTION IN NIGERIA

2024-02-21T12:24:21+00:00

Digital Technology brought about digital copyright and has had and is still having awesome effects on the way digital copyright goods are invented and disseminated across the globe. Aside its good effects, digital technology has posed grave challenges to digital copyright protection globally, Nigeria inclusive. Amazingly, the Nigerian copyright law has only lately recognized it and its vital place in today’s digital economy. Applying the doctrinal research method in the analysis, it is discovered that the daily staggering strides of digital technology and the internet and associated ills like inadequate laws, counterfeiting and piracy, borderless nature of the digital environment, unease of determining the authors, owners and copyrightability of computer generated works, multimedia, inadequate enforcement mechanisms, corruption, lack of consultations and debates etc have put the rights of the digital copyright owners in jeopardy. The remedies are found to lie in further upgrading the Nigerian Copyright Act, adopting technical, administrative, social and judicial solutions, and creation of Collective Management Organization (CMO) of digital copyright Owners. Thus, the Nigerian National Assembly should take pragmatic steps to further upgrade the Act to bring it to full international standard in all sphere and make it more forward looking in order to remedy the deficiencies of digital copyright protection. Again, adoption and legal sanctioning of technical, administrative, social and judicial solutions and creation of CMO of digital copyright owners are recommended. These it is hoped, will proximately resolve the challenges to digital copyright in Nigeria and further uplift Nigeria’s position in the global economy.

TRACING THE ORIGIN OF THE SOCIAL CONTRACT ALONG THE ROUTE OF CONTRACT LAW

2024-02-21T12:28:47+00:00

Almost everyone takes it for granted that the social contract is a philosophical and political justification for the legitimacy of State and the bindingness of criminal law. Hardly has anyone inquired into the origin or formation of the social contract to ascertain whether it satisfies the requirement of contract law. This paper traces the origin or formation of the social contract to ascertain its congruence with contract law. The paper finds that the offer, acceptance and consideration of the social contract are incongruent with relevant principles of contract law. There is little or no evidence of intention to create legal relations and certain special groups of persons lack the requisite capacity for the social contract. It submits that the social contract, for being incapable of satisfying the requirements of contract law, fails to justify the legitimacy of State and the bindingness of criminal law.

RECOGNITION AND ENFORCEMENT OF INTERNATIONAL COMMERCIAL ARBITRATION AWARD IN NIGERIA AND IN INDIA: A CASE STUDY

2024-02-21T12:33:19+00:00

Recognition and Enforcement of International Commercial Arbitration Award in Nigeria and in India has to follow the legal steps as is enshrined in the various Laws of these Nations, Conventions and Treaties before the recognition and the enforcement of such an International Arbitration Award. International Commercial Arbitration proceedings were calculated and designed to support international trade and commerce and to promote commercial relationship between Nigerians and/or Indians, foreign nationals and foreign companies by providing for a speedy settlement of any disputes that would arise in the course of such trade and commerce through arbitration. It is therefore, necessary to give the term “Commerce” a wide and literal interpretation, so as to include relationships that support purely mercantile transactions within its ambit. This would also allow for a larger number of disputes to be settled through arbitration in a quick and efficient manner. Whereas recognition of an award is on its own a defensive process and arises where an unsuccessful party commences suit regarding main issue of difference, as if nothing has been done to resolve the dispute in a judicial manner. In such a situation, the parties on which side the decision was rendered would apply to the court to recognize the award and declare it valid and binding.