A Review of the Legal Framework on Renewable Energy
By Shamsu Yahaya
Abstract
Electric energy is critical to industrialization of a nation. One of the current trends in the energy sector in many countries is the effort to integrate Renewable Energy into the electricity mix. This trend is necessitated by the need for energy security, development and concerns about climate change. Nigeria is rich in Renewable Energy resources such as wind, solar, biomass and hydro which can be tapped to meet its energy needs. However, the country barely focused on actively utilizing Renewable Energy sources in the electric power sector. The paper reviews the extant legal framework on Renewable Energy development in Nigeria’s electricity mix, which includes, amongst others, the Electric Power Sector Reform Act, the Energy Commission of Nigeria Act and policies aimed at Renewable Energy Development in the electric power sector. The paper adopts the doctrinal method and relies on primary and secondary sources. The paper finds that the existing legal framework for the integration of Renewable Energy resources in Nigeria’s electricity mix is inadequate. Accordingly, the paper identifies strategies for improving the situation using the context of cross-country experiences. The paper recommends, amongst others, the need to enact a Renewable Energy Act solely for the promotion and development of Renewable Energy as an important energy source in the electric power sector. The paper also advocates the development of mini-grids, controlled and licensed by state governments, to create greater access to electricity in the rural areas, most of which have poor access to the national grid system.
Keywords: electricity, legal framework, legislation, policy, renewable energy.
The Role of Law in the Exploration for and Production of Petroleum Resources
By Viko Iyadah John
Abstract
The economic growth, strength and development of almost all the countries in the World is dependent on the adequate discovery and utilization of their natural resources. For the resources to be put to economic use, they must first of all be discovered through explorations and then production follows. The quest for these can be very tedious, capital intensive and cumbersome. It can also be source of conflicts amongst citizens and countries. The best way to curb any future hurdles in the exploration and production of petroleum resources is to pre-empt these conflicts and to provide remedies; the law has been identified as the most vital tool for this. In response, laws have been put in place which anticipates such problems and have provided the solutions to minimize any potential hurdle to the exploration and
production of petroleum resources. It was discovered that without the law, explorations of and productions of the oil and gas will almost not be possible. The doctrinal method of research was adopted as it analyzed different laws at the national level and also at the international level as well. This article discussed some of the pivotal role the law play in the exploration and production of petroleum resources while enlightening the reader on the importance of the law in the field. It was recommended that parties to any agreement on the exploration and production of oil and gas should as a matter of first step have enabling laws that guide their affairs in order to avert any hindrance to their search for oil and gas.
Socio-Economic Rights Vis-A-Vis Nigeria’s Obligation to International Legal Rights Instruments
By Paul Ali Bobai, Olajumoke Medinat Shaeeb, Hannah Enyawuile
Abstract
The provisions of chapter two of the 1999 Constitution of the Federal Republic of Nigeria contains political, economic, social, cultural and developmental rights of the citizens, but these rights are not enforceable. The implication of the non-justiciability of chapter two of the Constitution makes it impossible for citizens of Nigeria to obtain reasonable redress from the courts if denied any of the rights provided in the chapter. However, Nigeria being a signatory to the African Charter on Human and Peoples’ Rights (ACHPR) Universal Declaration of Human Rights (UDHR) 1948, International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 and many other international rights instruments which provide for socioeconomic rights is expected to implement these laws especially where they have been
domesticated as part of her municipal legislations. It is found that the provision of chapter two of the 1999 Constitution of the Federal Republic of Nigeria makes social-economic rights non-justiciable which is contrary to the signed or domesticated international legal rights instruments which it has obligation to
implement by international law and standard. Failure to perform such obligation affects Nigeria’s credibility at the international community. This paper seeks to examine the non-justiciability of socio-economic rights vis-a-vis Nigeria’s obligation to international legal rights instruments which it domesticated. The paper recommends that as part of Nigeria’s international obligation, a provision should be made in the Constitution for the purpose of amending the Constitution to make it in consonance with any domesticated international legal rights instrument. The paper adopts the doctrinal research method to collate materials.
Keywords: Socio-Economic Rights, Fundamental Rights, Human Rights,
International Human Right Approach to Food Security for Sustainable Internal Security in Nigeria: A Call for Implementation of Right to Food
By Abubakar Mohammed Bokani, Maryam Ahmed
Abstract
The right to food as a basic human right has been recognized in International law as part of the right to a decent standard of living. Right to food is thus considered to be the minimum threshold that should be enjoyed by every Nigerian. However, despite the development of international legal framework to monitor the implementation of the right to food at both international and national levels, the prevailing economic situation in the country characterized by food scarcity has made right to food an illusion even as majority of Nigerians live below the poverty level with attendant result of insecurity. This paper adopts the doctrinal method of research to examine international human rights approach to food security in Nigeria. The objective of this paper is thus to proffer solution to internal insecurity as a corollary to food
insecurity in Nigeria based on international human rights approach. It is the finding of this paper that there is no constitutional recognition for the right to food in Nigeria to ensure Nigerians have access to good food. It is thus recommended that the constitution should be amended to provide for recognition and enforcement of right to food by all Nigerians.
Keywords: Law, Right, Food, Security, Human Right.
Code of Conduct Bureau and the Fight against Corruption in Public Service
By Prof., (SAN) Mamman Lawan, Dr. B. M. Tijjani, Dr. Muhammad Nuruddeen
Abstract
This paper examines the Code of Conduct Bureau (CCB) as a distinct institution designed to curb the menace of corruption in the Nigerian public service. The objective of the paper is to trace and outline the history of CCB as well as its functions as provided by the extant laws of the land. It is also the objective of the paper to highlight the pressing challenges facing the CCB and to proffer recommendations that will help it function effectively in its effort to minimise and/or eliminate corruption in the Nigerian public institutions. In achieving the stated objectives, the paper adopts a doctrinal research methodology whereby relevant statutes and judicial authorities are used and analysed. Other sources of legal
research such as journal articles, textbooks, and internet materials are equally used and analysed as well. Consequently, the paper observes that CCB is not only concerned about corrupt public officers. The CCB’S powers and jurisdiction cover all political office holders especially in the aspect of asset declaration. The paper also observes that CCB is facing series of challenges ranging from funding, corruption within and outside, and lack of independence as well lack of capacity building among staff to mention but a few. This paper, therefore, recommends interalia that the highlighted challenges facing the CCB need to be looked into and solutions provided immediately for there to be an efficient and effective fight against corruption in public service in Nigeria.
Keywords: Corruption, Code of Conduct, Public Service, and Nigeria
The Epidemic of Rape and Sexual Violence against Women and Children in Nigeria: Implication of Covid-19 Lockdown
By Mary-Ann O. Ajayi, Mathias O. Ikokoh
Abstract
Since the outbreak of Covid-19 pandemic, there has been drastic increment of cases of rape in Nigeria which has resulted in public outcry and condemnation. The worrisome trend in the reported cases, is the murder of most victims especially females. The effects of rape, are multifaceted and its affects both the victim and the society at large. It renders the victim emotionally and psychologically traumatized. This paper adopts desk-based research to examine the quagmire of increment of rape cases in Nigeria in the wake of Covid-19 pandemic by highlighting the consequences of rape, the legal framework on rape in Nigeria. It also discusses various forms of sexual violence and the challenges in investigating and prosecuting rape cases in Nigeria. The paper examines the criminal justice system and the adjudication of rape cases in Nigeria. The paper found that the legal framework on rape is inadequate and obsolete as at present, with the exception of the Federal Capital Territory, Abuja. The administration of justice system has lacunas that put a rape victim at a disadvantage. The attitude of investigating personnel especially the police, is an albatross to the successful investigation and prosecution of rape cases in Nigeria. The paper therefore makes vital recommendations on how to curb the rape epidemic in Nigeria post covid-19 by create an enabling environment for redress of rape cases. it concludes that rape is a violation of right to dignity and should be discouraged by all stakeholders in the society.
Keywords: Rape, Sexual Violence, Women, Children, Covid-19 Child Right Act, Criminal Justice.
The Challenges of the Appellate Court Structure in Nigeria: The Way Forward
By Fadila Muhammad Dikko (Mrs)
Abstract
For Nigeria to attain the much desired socio-economic, political development, stability and suitability, the presence of an effective and efficient Justice system is paramount ,which will establish and guarantee the maintenance of laws and regulations of the state citizens behaviors and relations. There is no doubt the
Nigerian Justice System is faced with numerous problems, therefore proper explorations need to be made into the justice system to seek the ideal, explore what the citizens will gain from it and the real situation. This is in order to uncover the trend, institutional roles and impediments and make recommendations on how to achieve optimum effectiveness and efficiency of the system for the overall development of the Nigerian State and citizenry. This paper seek to examine the effect of work overload in Justice Administration in Nigeria; how the Court structure in Nigeria can be improved within the context of federalism; the possibility for the appellate Courts to be restructured by necessary constitutional amendment to make room for Specialization in the mode of sittings at the Appellate Courts; to equally
find out how case management can be accelerated in order to minimize delays in Justice Administration. Doctrinal method of research is adopted which involved the systematic analysis of statutory provisions and of legal principles. It is my finding that there is the need for the overhaul of the system to ensure efficiency, speediness and effectiveness of the process. The paper recommended the possibility of restructuring the Court System by necessary Constitutional amendment and government policies to improve justice delivery in Nigeria.
Keywords: Justice Administration, Federalism, Court Structure, Appellate Court
An Appraisal of the Principle of Khiyaral Majlis Under the Islamic Law and its Applicability in the Modern E-Transactions
By Ibrahim Umar Abere
Abstract
The Islamic Law of Transaction, Muamalat is the key area of Islamic Law which the Principle of Khiyar al Majlis (meeting place of transaction) stems from. This principle as propounded by jurists in the past envisaged physical meeting place of bargain in a transaction and this requires a formal place to stand in modern business dealings owing to its importance. This paper is focusing on the principle of Khiyar al Majlis as a cardinal aspect of Islamic Law of Transaction which the jurists in the past have made rules to govern having in mind physical interaction of parties only hence leaving a gap that cannot be said to have accommodated e-transactions of the modern day. The contemporary jurists have given their opinions on what could be used to determine this principle’s applicability in e-transaction basing their arguments on Sources of the Shariah. Using the doctrinal approach, his paper found that the present day jurists are of the opinion that the rules of Khiyar al Majlis can apply safely in modern e-transactions. The need for a new standard set of rules to regulate e-transactions which does not necessitate physical contact is hereby suggested to contemporarily settle the question of not only using the opinion of jurist but an actual control mechanism as set of rules by the Global Regulation Making Bodies of the Muslim Ummah.
Role of Legislatures in Budget Process in Nigeria: The Legal Implications of Budget Padding
By Ibrahim Danjuma, Habila Isah Barau
Abstract
Nigeria is among the nations that stricto sensu applies the principle of separation of powers in regulating the affairs of the nation. The said principle signifies thepra ctice of splitting the powers of government among the different organs of government. A government that operates the principle of separation of powers assigns different political and legal duties to the executive, legislative and judicial organs of government. Against this background, the 1999 Constitution of Nigeria (as amended) makes it expressly clear that, the executive organ has the power to administer and enforce the laws, while the legislature has the power to make laws and the judiciary on the other hand, tries cases brought before the courts and
interprets the laws. The Budget is an estimate of income and expenditure for a period of time and thus, that is what the Budget of Nigeria entails. The preparation and sending of the budget to the legislature for scrutiny and approval is the sole duty of the executive organ. Consequently, the main objective of this study is to determine whether the legislature can after receiving a budget from the executive, rewrite and
incorporate some items that were not sent by the executive? Therefore, this study employs an analytical method by looking at the Constitution and other relevant subsidiary laws in determining whether the legislature has such powers in the Nigerian Legal System. The finding of this study reveals that both the Constitution and the FRA has not authorized the National Assembly members to rewrite the national budget or insert some expenditure into the budget and appropriate recommendations were made.
Keywords: Role of Legislature, Budget, Padding, Separation of Powers, Legal Implication
Risk Assessment: An Approach to a Suitable Pathway to the Protection of Human Rights during Pandemics in Nigeria
By Akinola Ebunolu. Akintayo, Mr Ehi Eric Esoimeme
Abstract
The COVID-19 pandemic has forcefully brought human rights into focus. It has exposed vulnerabilities and inequalities spawned by long years of exclusionary laws and policies in many parts of the world. It has also, at the same time, enabled authoritarian and dictatorial rulers to seize the moment and wreak havoc on already declining status of human rights in many countries across the world. This article adopts a desk based research methodology to examine and analyse the standards and requirements of a human rights based responses to the COVID-19 global pandemic through the review of relevant literature, documents and reports. The article also assessed the responses and outcomes of the Nigerian government to the pandemic on the basis of the identified human rights standards. The objective is to identify the limits and gaps in the responses of the Nigerian government and contrasts with the suitability and potentials of a risk assessment approach in improving human rights protection and resilience in vulnerable contexts/societies during pandemics such as COVID-19. The aim is to craft a better and more effective
approach to safeguarding human rights in vulnerable situations during pandemics such as COVID-19. The article finds that fragile and vulnerable societies and countries lack the requisite technology, resources and institutions to adequately engage and deal with pandemics such as COVID-19. It also finds that the risk assessment approach is a more suitable and effective approach to protect the human rights of citizens in vulnerable societies during pandemics such as COVID-19. It therefore advises vulnerable countries like Nigeria to adopt and utilise the Financial Action Task Force risk assessment methodology and approach to identify, assess and reduce emerging and potential threats to public health nationally and internationally, and take action, including officially shutting airports, seaports, and borders while still developing medical countermeasures such as vaccines and treatments, and apply resources, aimed at ensuring the risks are mitigated effectively.
Keywords: COVID-19, Human Rights, Risk Assessment, Pandemic
Critique of the Administration of Criminal Justice Law 2019 of Katsina State
By Binta Dalhat Dan-Ali
Abstract
Generally, the Administration of Criminal Justice in the whole of the federation from independence up to some few years ago had been a hub of many disappointments which usually culminated to the denial of justice. These ranges from prolong delay in conducting trials, too much adherence to technicality by courts, congestion of detention centres and so on. The negative trends however, started to lose strength in the wake of positive revolution in the area which resulted to the enactments of the Administration of Criminal Justice Act (ACJA) in 2015. The passage of the Act and its domestication by other states counterpart was thus a positive response for a new legal order to transform the criminal justice system in Nigeria. The Act repealed the Criminal Procedure Act (CPA) and Criminal Procedure Code(CPC). It is tailored to reflect international best practices in the administration of criminal justice and is applicable in all federal courts across the Federation. Twenty-nine (29) out of 36 States of the federation have adapted the Administration of Criminal Law (ACJL) in their States, as at February 2020. Kaduna and Enugu enacted ACJL in 2017 respectively, Oyo enacted ACJL in 2016. Katsina state has followed suit in 2019 by domesticating the law. The methodology implored is a doctrinal analysis. The paper critically examines the Law by taking a cursory look at its philosophical foundation, key issues with its attendant laudable provisions. It argues that, the extant law, though a giant leap in the establishment of an effective legislative bench mark for administration of criminal justice in the state, falls short of provisions in the
following areas; failure to eliminate lay prosecution; a gap on the provision of noncustodial measures among others. Finally, the paper, recommend the amendment of the law to eliminate lay prosecution and provision on non-custodial measures.
Keywords: Administration of Criminal Justice Act (2015), Administration of
Criminal Justice Law Katsina State(ACJL 2019),Laudable Provisions and
Loopholes.
The Legal Framework for Conventional and Islamic Banks in Nigeria: A Cursory Analysis
By Falalu Abba
Abstract
The legal framework for Conventional and Islamic Banks reflect the policies adopted in regulating and supervising the banking industry by the executive arm of the government. Hence, this article makes a cursory analysis of those legal framework for the conventional and Islamic Banks in Nigeria the aim of which is to make novel contribution in the body of existing literature. This became imperative considering
the fact that Islamic Banks are not in any way exonerated from keeping strict banking standards observed by the conventional Banks and are at the same time expected to meet the Shariah standards which is the origin of their banking principles. The study adopted the doctrinal research method which involves the use of primary and secondary sources of law. Having made a cursory analysis of the legal framework for the conventional and Islamic bank, it was discovered that the primary legislation for the regulation of Banks in Nigeria is the Banks and Other Financial Institutions Act (BOFIA) which, with the Central Bank of Nigeria (Establishment) Act 2007 (CBN Act), gives the Central Bank of Nigeria (CBN) powers to supervise and regulate Banks and other financial institutions in Nigeria. Hence, the creation of profit and loss sharing Banks now called Islamic Banks. It is observed that one of the legal challenges facing Islamic Banks in Nigeria is the problem of legislation. It therefore recommended that the Nigerian legislatures shall make moves to make further legislation to preserve and expand the legislative basis of the Islamic banking institutions in the country.
An Assessment of the Legal Procedure for the Registration of Trademarks in Nigeria
By Dr. Ibrahim Abdulkarim, Maryam Ibrahim Abdullahi
Abstract
Intellectual property represents the human ideas and innovation which has been translated into information or technical know-how that are of commercial, scientific and proprietary value. The law recognizes these values and attaches some rights to the owners of such property. Due to the economic value of intellectual property, the law confers some rights to the owner of trade mark against unauthorized use by other people. These rights emanate from the registration status of the trademark.
Registration of trademarks is the basic concept of trademark protection, it is a precondition for the institution of infringement action under the Trademarks Act. Taking into consideration that registration is not mandatory; the common law however, offers some forms of protection to a proprietor of an unregistered trademarks. Hence, where the marks or services have conferred on the owner considerable
goodwill or reputation, the owner can enforce his right under the common law tort of passing off1
.Registration further confers on the proprietor of a trademark, exclusive rights to use the mark in relation to goods or classes of goods in respect of which it is registered. In conducting this research, the authors adopted doctrinal method of research using both primary and secondary sources of material. The paper amongst others revealed that the artificial dichotomy created between Part A and Part B of the Act relating to trademark registration is entirely unclear and in actual fact there appears to be little or no difference. Therefore, there is no logical basis for continuing with this dual system of registration which is largely ignored in practice. It is recommended amongst others that section 2(3), 6(2) and 14(2) of the Trademark Act, be amended to harmonize the registration in Part A and B which has been abandoned in almost all the developed countries.
Keywords: Trademark, Patent, Intellectual Property, Registrable and NoneRegistrable Trademark.
Emulating the Provisions of the Budapest Convention on Cybercrime in the Nigerian Cybercrime (Prohibition, Prevention etc) Act 2015: Contextual Implications
By Dr. Mu’azu Abdullahi Saulawa, Assoc. Prof. Dr. Sonny Zulhuda
Abstract
Cybercrime is a global phenomenon. The context of cybercrime must focus on the regulations and this is the concern of the nations across the globe. The global community strives in providing the machineries meant to combat the crimes while using the Budapest Convention (International Convention) as the guiding tool. Therefore, countries must take measures as a matter of international and national concern to combat the spread of the crimes. The aim of paper is to examine the rise and the challenges of cybercrimes in Nigeria. It further examines the real occurrences of computer crimes as a major setback to the Nigerian government and, in addition, it explores some salient provisions of the Nigeria Cybercrime
(Prohibition, Prevention etc) Act 2015. Finally, it analyses the important provisions of the Articles of the Budapest Convention of Cybercrime through the relevant provisions of the Nigeria Cybercrime (Prohibition, Prevention etc) Act 2015. The methodology adopted by the paper is a doctrinal approach method wherein both primary and secondary sources of data are analysed. The paper finding reveals that
the cybercrimes committed in the country can be dealt with by the relevant provisions of both the Cybercrime Act 2015 and the Budapest Convention on Cybercrime. The paper is limited to the discussion of cybercrimes in Nigeria, in the view of the Nigeria Cybercrime Act 2015 as well as Budapest Convention on Cybercrime. The paper immensely contributes as an addition to the literatures, exploring the gaps between the Nigerian Cybercrime Act 2015 and the Convention on Cybercrime. The paper recommends that the Federal Government of Nigeria should effectively utilize the Cybercrime Act 2015 in combating cybercrimes in Nigeria and further demonstrate a good will in the fight of cybercrime.
Keywords: computer crimes, Nigeria, Budapest Convention on Cybercrime,
Cybercrime Act 2015.
An Assessment of the Legal Procedure for the Registration of Trademarks in Nigeria
By Dr. Ibrahim Abdulkarim, Maryam Ibrahim Abdullahi
Abstract
Intellectual property represents the human ideas and innovation which has been translated into information or technical know-how that are of commercial, scientific and proprietary value. The law recognizes these values and attaches some rights to the owners of such property. Due to the economic value of intellectual property, the law confers some rights to the owner of trade mark against unauthorized use by other people. These rights emanate from the registration status of the trademark.
Registration of trademarks is the basic concept of trademark protection, it is a precondition for the institution of infringement action under the Trademarks Act. Taking into consideration that registration is not mandatory; the common law however, offers some forms of protection to a proprietor of an unregistered trademarks. Hence, where the marks or services have conferred on the owner considerable
goodwill or reputation, the owner can enforce his right under the common law tort of passing off1
.Registration further confers on the proprietor of a trademark, exclusive rights to use the mark in relation to goods or classes of goods in respect of which it is registered. In conducting this research, the authors adopted doctrinal method of research using both primary and secondary sources of material. The paper amongst others revealed that the artificial dichotomy created between Part A and Part B of the Act relating to trademark registration is entirely unclear and in actual fact there appears to be little or no difference. Therefore, there is no logical basis for continuing with this dual system of registration which is largely ignored in practice. It is recommended amongst others that section 2(3), 6(2) and 14(2) of the Trademark Act, be amended to harmonize the registration in Part A and B which has been abandoned in almost all the developed countries.
Keywords: Trademark, Patent, Intellectual Property, Registrable and NoneRegistrable Trademark
Click Here to DownloadRole of the Judiciary in Nigeria on the Entrenchment of the Rule of Law
By Dikko Abbas
Abstract
Rule of Law or Supremacy of the law was conceived as the observance and supremacy of laws that should shape out the process of development in any society and peaceful coexistence among its inhabitants and organs of government. It entails a government based on laws which are reasonably justifiable in a democratic setting. Overtime, rule of law has developed as well as transformed in many forms which
resulted to producing various outcome. The outcome is sometimes positive as well as negative. The persons in authority do often at times abuse the concept of the extent of its complete misapplication in trying to score cheap political goals to satisfy the wills of their masters. The courts or the judiciary must be independent and their decisions, orders and processes should be respected by all and sundry except its manifestly unjust, illegal or contrary to the rule of law. Therefore, this paper will reflect on the meaning and development of the rule of law and the roles played by the courts in the entrenchment of the concept in Nigeria. The paper reveals that in Nigeria, the concept of the rule of law is statutorily and judiciously captured but it is mischievously applied in the negative. The paper adopts the doctrinal method of research and in its recommendations suggests the enforcement of courts’ decisions
as basic requirements of rule of law as well as ensuring the independence of the courts administratively, socially and financially.
Historical Background to the Development of Company Law in Nigeria: A Discourse
By Arinze Abuah, Yusuf Sulayman, Asiawu Belgore-Abdulhamid
Abstract
Trade and businesses are among the most regulated sectors of the Nigerian economy. This is not unconnected to the fact that companies and associations have a wide spectre of stakeholders which means that their activities affect beyond just their members but permeates the entire society. Some of these activities over the years become too notorious to be overlooked in the determination of the relevancy of provisions of law to guide the corporate sector; just as in other sectors. Businesses
and charitable organizations are monitored from inception to death by a number of bodies guided by extant laws chief of which are the Companies and Allied Matters Act (CAMA) and the Investment and Securities Act (ISA). Recently, the CAMA was repealed and re-enacted to fortify the old law with the realities of the emerging business world after years of yearnings and criticisms. This work adopts a doctrinal approach in analyzing the role of past events in shaping the country’s corporate sector. The paper finds that the major components of Nigeria’s company law as encapsulated especially in the CAMA are major restatements and collection of principles, doctrines and adopted practices that have evolved over the course of history even before Nigeria gained her independence in 1960. Albeit there are already criticisms regarding some provisions in the CAMA, it is on a whole very responsive to the present realities of the corporate sector. The work concludes that whilst there will always be criticisms trailing every law, to which the current company law under the regime of CAMA and ISA is not immune, the benefits of lessons learnt from history are evident in the present state of Nigeria’s company law. The paper finally recommends for a more responsive approach to law making in thecorporate sector.
Keywords: Business Activities, Company, Company Law, History.
Factoring Information and Communications Technology as a Panacea for Effective Justice Delivery in Nigeria
By Vanen Antom Lawrence
Abstract
This paper examines the role of information and communications technology in enhancing justice delivery. The judiciary is one of the tripods upon which any democracy stands. Since the days of Montesqueiu the French philosopher who advocated separation of powers as foundation for checks and balances. The judiciary has played a central role in stabilising the polity of any nation globally. Nigerian judiciary has been central in our democratic set up, the challenge remains that the Justice delivery in our system is so slow. Even with the adoption of frontloading system which allows witness statements and documents intended to be used at the trial in the civil procedure rules of our courts to be filed along with the originating processes is not in any way helping the system to move with the speed intended by the law givers. The challenge is that our judges are still writing in long hands, Electronic filing and adjudication is still a far cry. This has no doubt inhibited the justice delivery system of our courts. It has been recommended that our rules of courts should be urgently amended to incorporate ICT in the trial and delivery of cases just like in election petitions time limitations be introduced to cover most cases in courts. All courts records and staff should be ICT compliant. This paper which adopts a doctrinal approach as opposed to empirical methodology unravels the factors militating against effective justice delivery in Nigeria and has come to conclusion that technological advancement is the key to effective justice delivery in Nigeria.
Keywords: Information, Communications, Technology, Panacea and Justice Delivery.
An Analysis of Jurisdictional Approach to the Principle of Kompetenz-Kompetenz in International Commercial Arbitration
By Abiodun Oduwole
Abstract
The principle of kompetenz-kompetenz seeks to address the question of who determines the jurisdiction of the arbitral tribunal. The issues surrounding the authority of the arbitral tribunal to rule on any objection made to its jurisdiction raises among other things question as to the competence of the arbitral tribunal to determine its own jurisdiction. This article provides a review of jurisdictional approaches to the authority of the arbitral tribunal to rule on its own jurisdiction. The objective was to ascertain the various approaches adopted by notable jurisdictions that serves as seat of arbitration when confronted with a challenge to the jurisdiction of an arbitral tribunal. It adopted a doctrinal research approach with emphasis on the review of case law, literatures, internet sources, conventions, rules, reports, and other significant legislative document with regards to international commercial arbitration in general and other relevant legislations necessary in giving effect to the study. It therefore benefitted immensely using resources from foreign jurisdiction in addition to available local resources. It found that the approaches
adopted by States are not uniform and dependent largely on the provisions of the lexarbitri of the different States. At the concluding part of this paper, appropriate recommendations were made especially on the need to strengthen the powers of the arbitral tribunals to determine their jurisdiction and limit judicial interference in international commercial arbitration with a view to ensuring that international arbitration takes it rightful place as investor’s choice in the resolution of transnational commercial disputes.
Keywords: Kompetenz-kompetenz, International, Commercial, Arbitration, Jurisdiction, Arbitral, Tribunal, UNCITRAL Model Law.