Abstract
The paper examines the definition of sexual violence and its different types such as rape, sexual slavery, enforced prostitution, forced pregnancy and enforced sterilization. This is in light of the war in Bosnia by the Serbian forces. During the war (1992 – 1995), Serbian forces set up rape camps all over Bosnia, where Bosnian Muslim women were subjected to various forms of sexual violence such as gang rapes and sexual mutilations. In response to the above atrocities the United Nations set up the International Criminal Tribunal for the former Yugoslavia (ICTY) to try war offenders. The Statute of the Tribunal criminalized war time sexual offences as war crimes, crimes against humanity and genocide.
Keywords: Crimes against humanity, Genocide, ICTY, Rape, Sexual violence, war crimes.
Abstract
Corruption as a phenomenon has accounted for the dearth of infrastructure as well as most of the social and economic ills that beset Nigeria today. Nearly all administrations, whether military or civilian have muted the idea of dealing with the monster and have indeed enacted laws, such as the Economic and Financial Crimes Commission Act etc. administrative policies such as the Treasury Single Account, Due Process Departments, Servicom, Whistle Blowing Policy etc. and recently deployed technology as the Integrated Personnel Payroll Scheme –IPPIS. This paper demonstrates that the incidence of corruption has not declined because offenders are not likely to be punished because they are either not properly investigated or charged; where tried, trials go on for years unending and punishment is infinitesimal relative to the crime. This work doctrinally argues that corruption thrives because of the inability of law enforcement agencies and the judicial system to maintain the historical, conceptual and theoretical link between crime and punishment, which is characterized by certainty, adequacy and swiftness of punishment. Quick prescriptions, such as deepening the whistle blowing policy of government and adherence to sentencing guidelines in the Administration of Criminal Justice Act were suggested by the paper.
Keywords: Corruption, Economic and Financial Crimes Commission (EFCC), Punishment, perception index, poverty
Abstract
This paper reviews the power of the legislature under the 1999 Constitution of Nigeria. It discusses the scope of the legislative power and the composition of the National Assembly. It examines the specific functions of the Legislature under the Constitution as well as their limitations. The paper concludes with a recommendation that the 1999 Constitution should be amended to transfer some of the items under the exclusive legislative list to the concurrent legislative list to enable the State Houses of Assembly to legislate on those matters which affect their people directly instead of waiting for the National Assembly to do so.
Keywords: Legislature, Constitution, Democracy, Senate, Assembly, representatives
ABSTRACT
The article evaluated the legal protection of new plant and animal varieties under intellectual property law. This issue has become a subject of increasing concerns to the international community. Hence, international and regional agreements have been entered into as well as national legislation enacted to address this sensitive subject of biological interventions. It was discovered in the study that though scientific propagation of plant and animal varieties is of ancient times, yet patent laws in some countries, including Nigeria, expressly prohibits the patentability of any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a microbiological process or the products of such a process. The article concludes that though indisputably, ethical and moral questions will inevitably arise in the exploitation of biological interventions, nonetheless, the more fundamental question is how they should be addressed. This is because splicing morality provision into patent laws will result in an unstable fusion.
KEYWORDS: Animal Variety, Breeder’s Right, Intellectual Property Right, Patentability, Plant Variety, TRIPS Agreement.
Abstract
Noise pollution has existed from time immemorial, especially with the advent of the industrial age and it constitutes an element of the general environment pollution in Nigeria especially in the cities. The environment needs to be preserved as noise pollution makes the environment uninhabitable. It has been observed that noise pollution is a form of violation of the right to quiet enjoyment of environment, the environment being a global home. The various rights entrenched in the Constitution of Nigeria and other Human Rights Instruments are inalienable so also the exercise of these rights such as the right to freedom of religion, religious practices are not expected to disturb the peace of the environment. This paper examines extensively noise pollution
in Nigeria, the causes as well as the direct effect on the human health and the environment in Nigeria in particular. The doctrinal approach was adopted in this paper using the legal and socio-legal approach. It was observed that noise pollution generated through religious activities in Nigeria was a peculiar and predominant menace suffered quietly by people. The legal framework on the prevention and control of noise pollution in Nigeria was examined, it was observed that in spite of the existence of these laws, though inadequate, the will power for enforceability by the relevant regulatory agencies is lacking. This paper concludes and made salient recommendations which if implemented could successfully regulate noise pollution with less or no friction in the society thereby drastically reducing its effect on the society.
Keywords: Noise Pollution, Nuisance, Environment, Religious Centre’s, Health, Right
Abstract
Emerging technologies are the driving force behind developed and developing economies as they play crucial role in economic and social activities. Any country with aspiration for growth must embrace the ever evolving technologies, as they constitute the core of the world economy. Nigeria is endowed with abundant human and natural resources, but like other developing countries still relies heavily on transfer of technology from advanced countries for her development. Although in a bid to explore and engage in technological development the National Office of Technology Acquisition and Promotion (NOTAP) was established to regulate and administer the licensing and transfer of technology. Nevertheless, there are technological deficit in Nigeria. What are responsible for these situations? The paper examined the legal and institutional regimes for licensing in respect of technological transfer in Nigeria. It was found that one of the challenges of technology transfers is poor investment in research and development projects – funding for research and development projects aren inadequate even for government institutions. It was recommended that provision of standard infrastructures for technological research and development –this would encourage researchers as the amenities available thereat would make it easy for them to carry out their research which would aid creativity and productivity.
Keywords: Technology, Development, Licensing, Transfer and IPRs
Abstract
This paper assesses the national security implications of illegal mining of the solid mineral endowments of Nigeria within a resurging governmental interest in planning economic development on exploitation of these mineral deposits. The paper finds that there is wide spread illegal mining in the country with its attendant economic loss and that in spite of this organised criminal trend, government’s explicit national security policy does not prioritize illegal mining as a national security concern. It also finds that extant laws and institutions established for the protection of the solid mineral deposits of Nigeria are inadequately structured to provide the needed security coverage for these minerals from illegal mining. The paper concludes by suggesting the need to upgrade the security status of the crime of illegal mining so that policies, laws and institutions entrusted with the task of protecting these national assets can be structured and directed to purging the nation of this economic crime.
Keywords: National Security, Solid Minerals, Illegal Mining, Agencies, Statute.
Abstract
Since the inception of the Cabotage policy in Nigeria through the enactmentm of the Nigerian Coastal and Inland Shipping (Cabotage) Act, Cap 51, LFN, 2004 smooth and beneficial implementation in favour of Nigerians has been in issue. Various challenges have been identified, yet no far reaching solution has been adopted to make the policy a reality. The law as enacted, and in conjunction with other existing laws in the maritime industry can be said ton be the principal factors militating against the policy. In view of the numerous challenges endangering the attainment of the goals of this policy, there is need to formulate an all-embracing legal and institutional framework, being a conspectus or a survey of legal requirements necessary for the repositioning of the Nigerian Maritime Cabotage Laws. In doing this, regards shall be had to the examination of some regulatory factors to underscore the related inadequacies of current framework and the provision of legal commitments necessary for proper review and enactment of a more suitable beneficial policy for the country. It is therefore necessary to recommend such factors like policy, legal regime, organizational structure, institutional framework adaptation of salutary foreign practices among others will be considered as a package to review, enact and beneficially execute the maritime policy for the good and advantage of Nigerian operators in cabotage trade. The Act therefore requires an in-depth overhauling and review to give to Nigeria and Nigerians the conducive environment needed for participation in the Nigerian maritime Cabotage business.
Keywords: Transportation, Marine Industry, Ships, Repositioning, Ports, Cabotage policy.
Abstract
Domestic violence is a global phenomenon that has affected women all over the world. It violates the fundamental human rights of women in the society. Domestic violence has devastating effect on women and it is one of the wide spread violation of right directed against women. Women often experience domestic violence than men due to the society and the incidence of regarding women as the weaker vessel who are expected to be submissive to their husbands. It is a threat to the political cultural, social and economic development of the society. Amongst the various forms of domestic violence, physical abuse is the most common form of violence which often leads to the death of the victim. Most cases of domestic violence are not reported by the victims because of the fear of being stigmatized and also due to the fact that it is seen as a private matter. This work identified the prevalence of domestic violence against women in Nigeria, its causes, consequences and relevant legislative frame work. The relevant primary and secondary source were examined and relied upon in this work. It however concluded that domestic violence against women is a common phenomenon in Nigeria that needs the prompt intervention of the state, security agents and non-governmental organizations.
Keywords: Domestic Violence, Causes, Consequences, Nigeria, Human Rights