Volume 8 (2023)

1

Research Article DOI: 10.68193/jilj.2023.vp2d5uy6

THE LEGAL FRAMEWORK REGULATING ELECTIONS IN NIGERIA

Dogara David Goar^*, Gabriel O. Ekoja, Omotayo Blessing Nwune

The process called election would be practically impossible in a non‐ democratic system of government. Democracy is a system of government where the people rule directly or indirectly through representatives periodically elected by them through an electoral process. The determinant factor of the time frame for elections differs due to the distinctive feature of various electoral systems applicable...

Jun, 2023 pp. 472-491

2

Research Article DOI: 10.68193/jilj.2023.lfaxq8jt

AN INTERROGATION OF THE SCOPE OF COMPLIANCE WITH THE PRINCIPLE OF DISTINCTION IN THE COURSE OF THE RUSSIA’S WAR ON UKRAINE 2022

Wulengkah Gopar Yilkang^*, Dogara David Goar

The principle of distinction is the cornerstone of the protection regime available to the civilians and civilian objects during armed conflict. This forms the basis for the robust provisions dedicated to the protection of these protected entities in Geneva Convention iv and additional protocols 1 & 2 of 1977 and other related laws governing the conduct of hostilities. This article examines the sco...

Jun, 2023 pp. 492-506

3

Research Article DOI: 10.68193/jilj.2023.73806ydh

RIGHT OF VICTIMS OF CRIMES UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 IN NIGERIA

Gyang Solomon^*

The Nigeria Criminal Justice System leaves much to be desired. Besides the unacceptable and enormous responsibilities reposed on the victim in oiling the wheels of criminal justice system, the victim is unduly exposed to avoidable hardships and dangers. Unfortunately, a critical look at our victim compensation policies will without doubt reveal that the said policies are far below the acceptable m...

Jun, 2023 pp. 430-444

4

Research Article DOI: 10.68193/jilj.2023.31feja5d

THE LEGAL REGIME ON OIL AND GAS WASTES: CAN DECOMMISSIONING OF PETROLEUM ASSETS UNDER THE PETROLEUM INDUSTRY ACT 2021 COMBAT ENVIRONMENTAL DEGRADATION RISK IN NIGERIA’S UPSTREAM PETROLEUM SECTOR?

Olujobi, Olusola Joshua^*

Decommissioning of petroleum assets has been a global concern due to its adverse environmental risks occasioned by oil firms’ operations. This problem often occurs on land and deep seas which have become uncontrollable as international and municipal legal regimes are less effective as member states’ multinational oil firms or corporations often disregard the conventions on the treatment of disused...

Jun, 2023 pp. 397-429

5

Research Article DOI: 10.68193/jilj.2023.s7fzlwn2

AN APPRAISAL OF THE LEGAL, OPERATIONAL AND REGULATORY INTERVENTIONS IN THE CONTROL AND PREVENTION OF CONTROLLED FLIGHT INTO TERRAIN (CFIT) IN CIVIL AVIATION OPERATIONS

Ayodele Gatta^*

Aviation accident reports worldwide have identified a list of causative factors as leading causes thereto. One of such factors is Controlled Flight into Terrain (CFIT). CFIT as one of the causes of aviation accidents is relatively unknown to non‐aviators. Irrespective of this obscurity, CFIT remains a major cause of aviation accidents globally as evident in aviation investigation reports. However,...

Jun, 2023 pp. 357-374

6

Research Article DOI: 10.68193/jilj.2023.s0edhm61

THE JUDICIARY AND THE RULE OF LAW

Abdul Yusuf Kayode^*, Ajibolu Afolabi

In order to safeguard the rights of the citizenry; promote accountability, transparency and other essential virtues of a decent and just society; it is necessary to promote, strengthen and protect the integrity of our judicial system as well as the integrity of the individual adjudicator that is charged with the onerous responsibility of the dispensation of justice. A judiciary of undisputed integ...

Jun, 2023 pp. 375-396

7

Research Article DOI: 10.68193/jilj.2023.oud6hqo0

REGULATION OF RENEWABLE ENERGY: A FEASIBLE SOLUTION TO INSUFFICIENT POWER GENERATION IN THE NIGERIAN POWER SECTOR

Yodah Yakubu^*, Yahaya Aliyu Abubakar, Sa’adatu Muhammed Datti

The access to clean energy is crucial for the socio‐economic growth and poverty eradication of every nation. However, Nigeria's power sector has been plagued by issues such as inefficient generation and distribution of electricity, leading to a shortfall in meeting the energy demands of the populace. This has resulted in a decrease in the standard of living and limited the country's economic growt...

Jun, 2023 pp. 344-356

8

Research Article DOI: 10.68193/jilj.2023.13l6wzbp

DISSECTING THE PROVISIONS OF HIGH COURT OF PLATEAU STATE CIVIL PROCEDURE RULES 2020, TOWARDS EXPEDITIOUS DETERMINATION OF CIVIL LITIGATION

Arome Moses Okwori^*

The High Court of Plateau State (Civil Procedure) Rules, 2020 emerged after 33 years of application of the repealed Plateau State High Court (Civil Procedure) Rules 1987. The evolution of the Rules in 2020 can be regarded as a landmark event given that the repealed Plateau State High Court (Civil Procedure) Rules 1987 had outlived its usefulness. The level of social, economic and technological adv...

Jun, 2023 pp. 320-343

9

Research Article DOI: 10.68193/jilj.2023.7l1o7nwm

THE RUSSIAN AND UKRAINIAN CONFLICT IN PERSPECTIVE: INTERROGATING THE EFFICACY OF THE UNITED NATIONS IN SAFEGUARDING INTERNATIONAL PEACE AND SECURITY

Paul Adole Ejembi^*

The 24th of February, 2022, will go down in the annals of history as a day of grim sobriety and palpable disruption of the hitherto international rules‐ based order. It was the day Russia invaded Ukraine in defiance of the provisions of paragraph 4 of article 2 of the United Nations Charter of 1945 which unequivocally prohibits the threat or use of force by Member States of the United Nations (UN)...

Jun, 2023 pp. 281-301

10

Research Article DOI: 10.68193/jilj.2023.pjyex7pl

THE NEED TO CRIMINALIZE MARITAL / SPOUSAL RAPE IN NIGERIA

Sarah Rinmicit Garba^*

Marital/Spousal rape in marriage is non‐  consensual sex in which the perpetrator is the victim’s spouse. It is a form of domestic violence which has been condoned or ignored by law and the society at large. The reasons for the reluctance by many countries (especially Nigeria), not to criminalize and prosecute marital rape can be attributed to the failure of a precise definition in our laws, the t...

Jun, 2023 pp. 258-280

11

Research Article DOI: 10.68193/jilj.2023.zwz3umbz

ASSESSING THE RIGHT TO PROTEST UNDER THE NIGERIAN LAW

Ernest Ogwashi Ugbejeh^*, Grace Dallong‐Opadotun

Protest is one of the potent means of drawing the attention of the government and demanding a reflection of the yearnings and aspirations of the people in her policies. In Nigeria, the right to protest of any Nigerian is guaranteed and protected under the international law and Section 40 of the 1999 Constitution of Federal Republic of Nigeria (as amended). Guaranteeing the right to protest is subj...

Jun, 2023 pp. 302-319

12

Research Article DOI: 10.68193/jilj.2023.d63tpedh

HUMAN RIGHTS AND THE TREATMENT OF PERSONS ON REMAND IN PRE‐TRIAL DETENTION

Sarah Rinmicit Garba^*

The issue of human rights violations has been at the forefront of most discussions in Nigeria especially in the Correctional Service System. Even though the aim of imprisonment has been to serve as a retribution for offences committed and to serve as a deterrent to others as well as reformation of the offender, investigations have revealed that the prisons are at the fore‐front of abusing the basi...

Jun, 2023 pp. 233-257

13

Research Article DOI: 10.68193/jilj.2023.vew0jof4

CONSUMER PROTECTION: UNPACKING CONSUMERS’ RIGHT OF RETURN AND REFUND IN NIGERIA

Christiana Agbo‐Ejeh^*

This article analyses the main features of the return and replacement framework as provided under the Federal Competition and Consumers Protection Act. It demonstrates the inadequacies of the Act, especially with respect to the lack of awareness among suppliers and consumers. It is argued that the lack of awareness on the part of the supplier or seller and consumers in Nigeria is extensive. Howeve...

Jun, 2023 pp. 134-154

14

Research Article DOI: 10.68193/jilj.2023.u2j2t13f

EXISTING STRATEGIES FOR AMELIORATING HOUSING CHALLENGES IN NIGERIA: AN APPRAISAL

Issa Akanji Adedokun^*

The right to adequate shelter is a right that is universally acknowledged both nationally and internationally. Despite this global recognition, housing right appears elusive due to the increasing rate of urbanisation resulting in acute housing deficit. The problem of housing is more pronounced in developing countries such as Nigeria than in developed countries. To this end, this paper, through a t...

Jun, 2023 pp. 189-209

15

Research Article DOI: 10.68193/jilj.2023.avk4zx1j

HARMONISING THE SOCIAL CONTRACT THEORY WITH CONTRACT LAW

Sylvester N Anya^*

Exponents of the social contract theory claim that the theory offers the philosophical and political platform for advancing the legitimacy of State and the bindingness of criminal law. Not much work has been done to ascertain the extent to which the social contract answers the description of a contract according to contract law. This paper concedes that the social contract can be distinguished fro...

Jun, 2023 pp. 210-232

16

Research Article DOI: 10.68193/jilj.2023.q3ctvydd

LEGAL FRAMEWORK FOR THE PREVENTION OF VIOLENT SECTARIAN CONFLICT IN NIGERIA

Ozurumba Darlingto^*, Judith Nendelmun Eigege

Nigeria has enjoyed 61 years of independence from British colonial rule and within this period, several violent sectarian conflicts have been recorded and seems to be increasing. From the first recorded violent sectarian conflict in 1966 which had devastating effects on the Federal Government, to the civil war which threatened the corporate existence of Nigeria. In the 1980s, the Maitatsine Riot s...

Jun, 2023 pp. 155-188

17

Research Article DOI: 10.68193/jilj.2023.7cuykyhj

AUTONOMOUS WEAPON SYSTEMS AND COMMAND RESPONSIBILITY UNDER INTERNATIONAL HUMANITARIAN LAW

Peter Ademu Anyebe^*

The development of unmanned systems that are remotely controlled and those with increased autonomy in making the decision to target or kill humans has been a source of concern to the international community for over a period of time. The idea behind developing Autonomous Weapon Systems (AWS) is that once activated, they are able to make the decision to kill humans without further human interventio...

Jun, 2023 pp. 106-133

18

Research Article DOI: 10.68193/jilj.2023.7bfn6z7d

APPRAISAL OF THE SCOPE OF APPLICATION OF EVIDENCE ACT IN CUSTOMARY AND AREA COURTS IN NIGERIA

Danjuma Gwatana Shigaba^*

By sections 6 (4) (a), 5 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), States are empowered to establish such other courts as may be authorized by law to exercise jurisdiction at first instance or in appeal on matters with respect to which a House of Assembly may make laws. It is in this regard that by their various laws, the States and the Federal Capital Territory...

Jun, 2023 pp. 86-105

19

Research Article DOI: 10.68193/jilj.2023.7orwu28n

APPLICATION OF THE PRINCIPLE OF COMPLEMENTARITY IN THE ROME STATUTE OF INTERNATIONAL CRIMINAL COURT IN NIGERIA AND GHANA: ISSUES AND CHALLENGES

Fatimat Nene Abubakar^*

The International Criminal Court (ICC), as established by the Rome Statute of International Criminal Court, is clothed with jurisdiction over international crimes which are defined in the Rome Statute. To ensure respect for the sovereignty of States, the Rome Statute has incorporated in it the principle of complementarity giving the national courts of States the opportunity to try and determine ca...

Jun, 2023 pp. 68-85

20

Research Article DOI: 10.68193/jilj.2023.n5rl8o6r

AN ANALYSIS OF THE IMPACT OF CONFLICTING JUDGMENTS ON THE NIGERIAN JUDICIARY: CHALLENGES AND PROPOSED SOLUTIONS

Yodah Yakubu^*, Yahaya Aliyu Abubakar, Sa’adatu Muhammed Datti

The Nigerian judiciary plays a crucial role in protecting the rights of the citizens and upholding the rule of law. However, conflicting judgments have plagued the judiciary for decades, causing significant challenges and controversies. This paper analyses the impact of conflicting judgments on the Nigerian judiciary, including its adverse effects on the rule of law and the implications for the co...

Jun, 2023 pp. 51-67

21

Research Article DOI: 10.68193/jilj.2023.hn42tqn3

ACHIEVING EXCELLENCE IN THE LEGAL PROFESSION IN NIGERIA: IMPERATIVES FOR LEGAL ENTREPRENEURIAL AND TECHNOLOGICAL SKILLS

Isa Yusuf^*, Adama Ado Muhammad, Amina M. Bello, Adama Usman

The legal profession is like guild. It is a distinct and noble one, and as such a restriction on what a lawyer is allowed to venture into. It is therefore imperative to highlight the opportunities available for lawyers to consider in a changing time of globalization and technological innovation as it relates to our economic social and political changes in Nigeria. Thus, the need to explore entrepr...

Jun, 2023 pp. 30-50

22

Research Article DOI: 10.68193/jilj.2023.q4lcsdeo

A CRITIQUE OF THE HOST COMMUNITIES’ DEVELOPMENT TRUST FUND STRUCTURE UNDER THE PETROLEUM INDUSTRY ACT, 2021

Iloba Aninye Okechukwu^*, Gospel Adams

For well over 50 years, the Petroleum Act, 1969 principally regulated the Nigerian upstream petroleum industry even though it never made any specific provisions for the development of the host communities. All that existed were just some random provisions that required that some Nigerians should be employed in certain managerial cadres in the industry. It never had any provision that specifically ...

Jun, 2023 pp. 1-29

23

Research Article DOI: 10.68193/jilj.2023.nckui5k0

A PROGRESSIVE INTERPRETATION OF THE DOCTRINE OF SOVEREIGNTY: AN ELIXIR TO THE ENFORCEMENT OF ARTICLE 27 OF THE ROME STATUTE

M. Chigozie Onuegbulam^*

The final Diplomatic Conference in Rome witnessed sovereign States who sought for a statute that would specifically accommodate their own particular domestic constitutions. They rather ended up creating an international justice system that is sui generis in nature carrying the imprimatur of many legal systems but closely resembling none and yet very involving. Without assurances of express or impl...

Jun, 2023 pp. 445-471