ABUAD Law Review Archives - Page 2 of 3

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

Sexual and Reproductive Health Rights, Sexual Violence and the Protection of Women’s Rights in the African Context

ABSTRACT

Sexual violence is a serious public health and human rights problem with both short and long-term repercussions for women’s physical, emotional, sexual and reproductive health. It is an anathema which sadly, permeates the human race. As absurd as it seems, civilization, technology and even laws have not been able to curb this dilemma as there are still reports on sexual violence regularly particularly against women. This however cannot be taken to mean that sexual violence does not operate against boys and men but for the purpose of this paper, attention is tilted towards women. In Africa, sexual violence against women has become so rampant due to distorted orientation which underscores the male superiority and portrays the women as weaker vessels that are used to satisfy the sexual urges of men. The major remedy to this violence which affects the sexual and reproductive health of women are the laws put in place to enforce the rights of women with respect to their reproductive health. This article seeks however to examine the laws that exist in relation to sexual and reproductive health rights of women and recommends that States in Africa subscribe to these laws to protect women from sexual violence.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

The Adequacy of the Global Legal Regime on Deforestation

ABSTRACT

Forests are an essential part of life on earth. They serve a variety of purposes for ecosystems, humans, social groups, economies and the planet. Deforestation and forest degradation pose serious threats to forests and those who depend on forest resources for their livelihoods. As a result of this, efforts have been made at the national and international levels to address this challenge by laws and institutions for the implementation of these laws. The problem, however, is that laws enacted to address deforestation exist in various legislations which do not have this environmental challenge as their subject matter. This raises a further issue as some aspects of deforestation are properly regulated while some others are not. This work examines some provisions of laws, international and domestic, that govern forest degradation and deforestation in an attempt to determine the sufficiency of the existing laws to tackle this environmental challenge.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

Marriage Disputes in Nigeria: Alternative Dispute Resolution Mechanisms as a Means of Resolution

ABSTRACT

The issue of marriage disputes is without doubt one worthy of serious and utmost attention. In Nigeria, the primary and major method of resolving marriage disputes is via litigation through a petition to the court as stated in the Matrimonial Causes Act 1970. Although the Act tends to provide for another means of resolution asides litigation, it seems to be a shadow of the actual law. This article is a discourse on the current law of resolving matrimonial disputes, pointing out the inadequacies and suggest new mechanisms for resolving marriage disputes. The article recommends that Alternative Dispute Resolution Mechanisms should be utilized in resolving marriage disputes. The doctrinal research methodology was utilized.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

An Analysis of Child Marriage in Nigeria: a Case Study of Nothern Nigeria.

ABSTRACT

Child marriage is one of the subtle but disturbing problems Nigeria is faced with. This problem is predominantly practiced in Northern Nigeria. The practice of child marriage has numerous effects on its victim which can be attributed to several reasons, some of which are Vesicovaginal Fistula (VVF), susceptibility to Human Immune Virus (HIV), increased infant and mother mortality, amongst others. The government is yet to take bold and concise step towards quelling this problem, there is therefore a need for the government to take deliberate steps in combating this ill because non-apprehension and prosecution of offenders will allow them to continue perpetrating this evil against humanity hiding under religion amongst other reasons. This paper is therefore aimed at analyzing the phenomenon of child marriage in Nigeria, discussing extensively its facilitating factors and the numerous effects the horrifying practice has on its victim. Special focus is given to the Northern region of Nigeria. The paper further examines the position of Sharia Law and other regulatory framework governing child marriage in Nigeria with a consideration to the effectiveness of such laws. The paper concludes by recommending the review of the laws on child marriage in Nigeria.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

The National Health Insurance Scheme: Its Benefits to the Health Care Delivery System in Nigeria and the Nagging Challenges

ABSTRACT

The healthcare delivery system in Nigeria like every other developing country is bedeviled with several issues and it has been proven that a National Health Insurance Scheme is capable of promoting and remodeling the condition of healthcare service in a country. This work aims to discuss the legal framework for the National Health Insurance Scheme (NHIS) in Nigeria considering its all-important functions and the near indispensability to the goal of achieving very affordable and proactive healthcare delivery system in Nigeria. The most important among the benefits of the scheme and all its offshoots is the provision of a readily available as well as a cost-effective access to good and very affordable healthcare services. This work shall conclude by providing suggestions by way of recommendations on how the NHIS can improve the healthcare delivery system in Nigeria which among others, is a need for a proper legal and regulatory framework that fit into the realities of Nigeria, bearing in mind the challenges which majorly is the lack of an adequate legal and regulatory framework which the Scheme currently faces in the country. This work employed a doctrinal research methodology as it engaged primary and secondary sources of law concerning the National Insurance Scheme in Nigeria and also acknowledging the views of writers, authors, assertions and contributions of various scholars which are relevant to the subject matter.

Posted on April 8, 2020April 20, 2020 Written By ABUAD Law Review

An Appraisal of Financial Technology in Nigeria: a Critical Analysis of Its Emergence, Impact and Regulatory Framework

ABSTRACT

Since 2007, Financial Technology has enjoyed rapid development in Nigeria and same is still on the rise. Often termed as the ‘new disruptive market force’, FinTech has challenged the traditional means of providing financial services in the country by improving activities in finance such as money transfer, payments, lending and borrowing, investment management and so much more. The technology has spurred the start-up and maintenance of several businesses, providing easy access to their services and has prompted development in today’s society. The use of such technological innovation has predicated the need for a framework to maintain stability in the financial sector, to ensure hitch-free operations and prevent the ever-looming threat of cybercrime through its stringent provisions. The paper examines Financial Technology in Nigeria, discussing extensively; its innovative growth and impact. The paper also briefly discussed the regulatory frameworks governing the sphere of Financial Technology in Nigeria and concluded by recommending the establishment of a cohesive and specific body for regulating FinTech activities in Nigeria.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

The Contemptible State of the Health Sector in Nigeria: the Efficacy of the National Health Act 2014 in Addressing Issues in the Health Sector

ABSTRACT

It can be stated without much ado that the state and condition of the health sector in Nigeria is one which truly leaves more to be desired. What even continues to resonate in light of this fact is the minimal efforts channeled towards the reversal of this, a situation which ought to be one of maximum concern. The paper strongly avers that the situation in the health care sector in Nigeria is one which is nothing short of contemptible, despicable and appalling. Law, in light of its functions in modern day society, remains a kinetic force which pulls everything within its radar along the line of progression and this paper posits that once again this role of law is to be played in this pertinent sector of life. To relegate the issue of health care to the background is to invariably threaten the existence of life itself, therefore such an issue must be given priority amidst other concerns that plague our human existence. This paper aims to bring to fore the problems being faced by the health sector and go further to examine the adequacy of the National Health Act 2014 in changing the current situation by analyzing the provisions of this Act. The paper recommends the full implementation and enforcement of the National Health Act in an attempt to improve the state of health care in Nigeria.

Posted on April 8, 2020April 9, 2020 Written By ABUAD Law Review

Coasting Along: Legal Regulatory Issues in Advertising in Nigeria

ABSTRACT

The hidden truth about advertising is that it has taken a different dimension since the beginning of the 21^st century. Traditional means of advertising were usually limited to print media, radio and television ads; these were the primary sources of advertising. Companies placed ads in community papers, local radio stations etc. currently, the avenues for advertisements have grown exponentially. Companies advertise their products through different mediums such as electronic billboards, stadium and sport centre advertisements, super bowl and other sporting/entertainment events ads, social media ads. In as much there is the liberty to advertise, it is paramount to note that there are also legal issues surrounding advertising of products in Nigeria. The paper explores the importance of advertisement as a whole and reviews the legal and regulatory aspects of advertisement in Nigeria. Although there are different sectors which generally make use of adverts such as the telecoms sector, financial services industry etc., particular reference will be given to the hospitality and Fast Moving Consumer Goods sectors in Nigeria and how the law, most especially the National Agencies for Food and Drug Administration and Control (NAFDAC) guidelines regulate what the content of their advertisements is. The paper also focuses on the Advertising Practitioners Council of Nigeria (APCON) which is deemed to be the watch dog for regulating advertisement in Nigeria. However with the recent occurrences and legal cases in the past few years, one begins to wonder the effectiveness of this and similar agencies. The paper further considers the anomaly that is presently with the current structure of the APCON Act, there are no provisions for online advertisers. It may appear that the legislators are not keeping in touch with current realities as online advertising is the most popular/used form of advertisement in Nigeria and indeed globally. The findings and recommendations for the paper is that NAFDAC should create stringent laws to regulate advertisement and also proffer stiffer punishments on those who are still in the habit of advertising food/drug products without the approval of NAFDAC. The APCON Act should also be looked into and amended to cover all forms of advertising activities as its current state deprives the Federal Government of internally generated revenue it would have otherwise earned.

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Posted on April 8, 2020April 9, 2020 Written By ABUAD Law Review

Redefining the Concept of Self-determination in International Jurisprudence: A Review of the Legal Status of Indigenous People of Biafra

ABSTRACT

The political and legal concept of right to self determination remains one of the most fluid and controversial principles of international law. Several questions regarding the concept remain unsettled. For instance, who is entitled to enjoy the right to self determination? What are the modalities for enforcing the right? Can the use of force be applied to achieve the right? Is the right only applicable to colonial territories? Has the UN been consistent in the application of the principles to countries that have gained political independence in recent years? The above puzzle and more shall be examined in this paper with a view to establishing whether the indigenous people of Biafra is entitled to the enjoyment of this right. Accordingly, the purpose of this paper is to x-ray the right to self-determination in its entirety, analyze the classes or categories of people entitled to the right, the mode of implementation of the right, the practice of the UN regarding the concept and to show that the right of the indigenous people of Biafra to enjoy the right is long over due. A universal framework for the enforcement of the right is also proposed. Doctrinal research methodology was applied to justify the conclusion of the writer. Reliance was placed on primary and secondary materials. International legal instruments on the subject matter were considered as primary sources. Articles in journals, text books and internet sources were consulted as secondary materials. Case laws were also assessed to validate the conclusion of the writer.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

Gas Flaring in Nigeria: an Assessment of Its Environmental and Human Rights Implication

ABSTRACT

Gas flaring is one menace that plagues Nigeria. Gas has been flared continuously for several years because it is cheaper to flare gas because proper infrastructure is not in place to utilize associated gas. Associated gas is gas that is discovered alongside crude oil when a well has been opened. Flaring of gas asides being cheaper is pure waste of natural resources and it also damages the environment and can be considered to infringe on human rights. This paper aims to shed light on the concept of gas flaring and its impact on the environment and human beings at large. In doing so, the legislations that bar and ban gas flaring have been examined pointing out the inadequacies in the laws and what can be done.