The Nigerian Educational System: a Legal Perspective

ABSTRACT

The goal of education is not to increase the amount of knowledge but to create the possibilities for a child to invent and discover, to create men who are capable of doing new things. Over the years the Nigerian educational system has fallen in standard and quality. The reoccurring strike actions, the poor state of the teaching facilities and the lack of adequate budgetary allocation for the educational sector are pointers to this fact. According to Transparency International, 30 per cent of Nigerians surveyed said they had paid a bribe in the education sector. Owing to these corrupt and fraudulent activities, only one Nigerian university, the University of Ibadan is among the top 1000 universities in the world. Are there ways in which the Nigerian educational system can be reinstated back to its former glory? In this write up the writer examines inter alia the legal framework, administration, structure, challenges and expounding on various legal opinions as regards the educational system in Nigeria using a doctrinal research methodology. Read More…

An Overview of the Celebration of Statutory Marriage in Nigeria

ABSTRACT

Statutory marriage is one of the effects of Nigeria’s colonisation. In recent times, it has become quite popular and one of the reasons for this may be because the party who seeks to dissolve it must prove to the court that the marriage has broken down irretrievably. In addition, parties to a statutory marriage feel safer, because in the event of a dissolution, the law makes provisions for custody of the children of the marriage, maintenance and even settlement of property, hence, there is always something to fall back on. A major problem with the celebration of statutory marriage in Nigeria is that most people do not know how it is celebrated properly; in effect there are quite a number of voidable marriages which become legal, upon ratification. Another problem is that a number of sections of the Marriage Act are out-dated, and do not address important issues like marriageable age, a precise definition of marriage in the Nigerian context, which includes polygamous and monogamous marriages.  The ultimate objective of the paper is to critically examine the celebration of statutory marriage in Nigeria, in accordance with the provisions of the Marriage Act. In light of this, the paper seeks to analyse the following; the celebration of statutory marriage in Nigeria, formal and essential requirements for the validity of a statutory marriage and give recommendations on a reform of the out-dated Marriage Act.

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An Evaluation of the Incongruities of Local Government Provisions in 1999 Constitution of Federal Republic of Nigeria: a Counterintuitive Approach to Democratic Governance in Nigeria

Abstract

The constituent of governance regardless of the operative system is the people. Every responsible government must seek to ensure the security welfare of the people across various economic and social classes and this is the primary purpose of the government. Considering that it will be impossible to reach out to every citizen effectively the establishment of a government within various locals was a laudable achievement. Nevertheless, it has been yoked with several constitutional claw-backs which make its functionality, growth and continuity a frustrating process for the local government thereby making it a stooge of state government. This paper examines the various constitutional claw-backs, the functions of the local government and how they have been executed. This paper adopts the doctrinal research methodology. In conclusion the writer makes recommendations on areas of amendment in the constitution to enhance the effectiveness of the constitution.

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Organ Transplantation and the Law

ABSTRACT

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This article highlights the history of organ transplantation and how it came about in Nigeria, the laws regulating organ transplantation in Nigeria and the challenges posed by this new modern form of medicinal treatment in a society like Nigeria. This writer has employed the doctrinal method of research in writing this article; by observing articles, online journals, reputable and trusted textbooks to arrive at a conclusion and some feasible recommendations on the subject matter.

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Right to Inheritance in Nigeria: a Liberation For Widows

ABSTRACT

From the beginning of time, transition from one generation to another has been one of the characteristics of human existence. Such transition includes assets and, in some cases, liabilities which are handed down to the succeeding generations. Generally, the intestate succession under the customary law among the various tribes in Nigeria is full of discrimination, especially to the female gender, adopted children, illegitimate children, among others. This article examined the right Nigerian women have to inherit under the customary/intestate laws of the major ethnic groups (Yoruba, Hausa and Igbo) and sought to bring to light the fact that discrimination of women, for any reason is a breach of their fundamental human right and although laws and statutes are in place, enforceability is still an unsettled problem due to customary laws and beliefs of each community.

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An Appraisal of the Relationship Between Artificial Intelligence and Intellectual Property Rights

ABSTRACT

This research was carried out to discover if there exists a need to alter the existing intellectual property legislation in Nigeria because of the rise of artificial intelligence. Currently only a human has rights to intellectual property. That is why this is a research of if it could be changed in the future, or if it would be possible to create a legal vicarious effect between Artificial Intelligence (AI) and the owner of that technology to better facilitate works that are created by Artificial Intelligence. The issue is international, and because of that there is a comparison between the European Union (EU) and the United States’ approaches to authorship, copyright and AI, to find out similarities and differences, if those would enable legal co-operation, or if it would prove out to be an impossibility in the current moment. The methods used in the study are qualitative and comparative legal research, based on journal articles and books published by legal scholars. The main results and conclusions that the study draws are, that there exists a need to adapt the existing intellectual property legislation to facilitate computer generated works in the future, and computers ought to be granted a special type of legal authorship, and there are several potential ways of assigning liability over computer generated works, out of which the author sees as the most potential one being using the principles of vicarious liability. 

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The Dissolution of Statutory Marriage in Nigeria: The Need for Reform

ABSTRACT

In Nigeria, the Matrimonial Causes Act makes extant provisions for the dissolution of a statutory marriage. This legislation was enacted in 1970 and has not been made subject to any amendments from then until now. This work seeks to identify the issues with the provisions of the Act in light of the recent social, cultural and economic developments. This work, like Aguda, studies the Act from a socio-legal perspective, taking into cognizance, the social and cultural positions of Nigeria on pious issues like marriage and divorce. In doing so, the work would include recommendations for the amendment of the Act, as it has become ultimately necessary to do so, in the interest of the sanctity awarded to the idea of marriage in Nigeria. Read More…

The Prospects of New Entrants in the 21st-Century Legal Practice in Nigeria

 ABSTRACT

Law practice initially was reserved for the elite who could sometimes easily dispense with the legal fees of their clients. Times have changed; the same is not so in the 21st century. The legal profession is now an all-comers affair with a countless common man struggling to gain entry into the hallowed halls of the profession to earn a living. Presently, some people argue that there are too many lawyers already in Nigeria and so the profession is no longer lucrative while others say we do not have enough lawyers; we need more. This paper seeks to examine whether the legal profession in Nigeria has already been saturated and if not, what prospects have the vocation for new entrants. In conducting this research, the author has carried out a jurisprudential analysis with the help of statutory enactments and case laws. The paper finds that the Nigerian legal market is still big enough to accommodate the upcoming young lawyers who can embrace less developed areas of laws such as telecom laws, cybercrime law, ADR, intellectual property, ICT and online legal market etc. The paper concludes that the 21st-century lawyers and law students in Nigeria have bright or better future than ever before as their strength lies in their knowledge of the ICT as a practice tool which places them above older lawyers in the global market. Read More…

The Role of the International Committee of the Red Cross in Non-International Armed Conflict: a Case Study of Boko Haram Insurgency in North-East Nigeria

ABSTRACT

Many citizens of Nigeria have fallen victim to armed conflicts and other forms of violence in Nigeria, especially those in the Northern part of  Nigeria. These conflicts have led to loss of lives, destruction of properties and various human rights breaches in alarming proportions. In view of the volatile situation of the North-East region in Nigeria, the ICRC, an impartial, neutral, independent non-governmental organisation with the primary function to provide humanitarian aid and relief and protection to victims of armed conflict situations has been forced to step in so as to secure some form of stability in the region. Deriving its mandate from the Geneva Conventions and its Additional Protocols, the Committee provides protection for all categories of victims of armed conflict. This paper examines the role of the International Committee of the Red Cross (ICRC) in Non-International Armed Conflict, particularly in the ethno-religious conflict prevalent in the North-East part of Nigeria. The paper found that the good activities of the ICRC are always impeded in several ways. Some of these limitations are; lack of proper enforcement of IHL and inadequate awareness programmes. The paper recommends that these limitations can be surmounted by the enforcement and implementation of the rules of International Humanitarian Law in Nigeria, and by ensuring stricter control of conventional arm transfer in Nigeria. It is further recommended that enlightenment and awareness programmes on the rules of IHL be organised regularly for both arm carriers and the civilian population.   Read More…

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