DEPARTMENT OF LAW

This study examines the legitimacy of recent military takeovers in Mali, Burkina Faso, and Niger, analyzing the political, legal, and security factors that enabled the resurgence of coups in the Sahel. It critically examines these regimes through theories of legal positivism, natural law and legitimacy, showing that while juntas claim popular support, their actions violates domestic constitutions and regional norms such as the ECOWAS Protocol on Democracy and Good Governance and the AU Constitutive Act. The research identifies insecurity, jihadist insurgency, governance failures, corruption, ethnic tensions, and foreign interference as core drivers of unconstitutional changes of government. Using the Sahelian recent coups as a case study, it highlights severe human rights abuses and shifting geopolitical alliances. This study also examines how International actors like France have exploited the Sahel, boosting their economy at the expense of the Sahel. The study finds that the Economic Community of West African States (ECOWAS) and the African Union (AU) possess strong legal instruments and frameworks but weak enforcement capacity, resulting in inconsistent sanctions and declining public trust. It concludes that restoring constitutional order in the sahel requires credible enforcement mechanisms, harmonized regional framworks, civic education, and commitment to human rights and democratic governanance.

A will is the final testament of a person. It contains directions as to how the person wants their estate to be administered. Prima facie, a person has the freedom to dispose their property in a manner that pleases them. However, there are limitations or restrictions to a person's testamentary freedom. This study aims to identify the various ways a person's testamentary freedom can be limited by law, cultural norms and religious dictates. It is trite principle in law that a person can make a will, but it does not mean that he can freely dispose his estate with no limit to his power of testation. This study examines the relevant judicial precedents and statute with regards to restrictions on testamentary disposition, as well as the challenges that arise with the wrong use of testamentary capacity. This study also examines the how cultural practices can affect testamentary disposition. Using the doctrinal method of research, it specifically investigates the effect of the trite principle of "nemo dat quod non habet” on testamentary freedom. The study goes further to identify other areas that affect testamentary freedom such as the effect of family property, the fetters Islamic law places on testators and the position on the law on provision for family members and dependents. This study tries to highlight the various ways, cultural and religious norms places restrictions on the testamentary freedom of a testator. The long essay also tries to identify modern developments in testamentary freedom. The study tries to suggest reforms to clarify the legal process of testamentary freedom and disposition. In conclusion, this long essay provides insight into the legal dynamics that govern testamentary disposition and offers practical solutions to lawyers and individuals especially testators and testatrixs seeking to navigate the murky waters of testamentary freedom and disposition.

This research examines the challenges hindering the effective enforcement of the Child Rights Act (CRA) across various states in Nigeria. Although the CRA has been adopted at the national level, its functional operation varies significantly from state to state due to a range of socio- cultural, economic, religious, legal, and institutional factors. Through doctrinal analysis, this study conducts a comparative assessment between states where the Child Rights Law (CRL) is fully operational and those where it is less effectively implemented. To provide a balanced perspective, the research incorporates case studies from one state in each of Nigeria’s six geopolitical zones, focusing on two critical issues—child labour and child marriage. These are examined as persistent social ills that continue to thrive despite statutory prohibitions under the CRA and state CRLs. The study investigates why, in some states, the provisions are observed and enforced, while in others, deep-rooted cultural and religious norms undermine their application. By exploring the socio-cultural dynamics and specific state contexts that perpetuate these practices, this research aims to uncover the systemic barriers to the CRA’s practical enforcement. The study concludes with recommendations on how to achieve more uniform and functional implementation of the CRA across Nigeria, ensuring stronger protection of children’s rights irrespective of geographical or cultural boundaries

This study critically examines the legal framework established for the protection of children’s rights against child labour within the context of human rights law. Despite comprehensive international and national instruments addressing child labour, the issue persists worldwide, undermining children’s development and violating their fundamental rights. This study analyses key international legal instruments, including the United Nations Convention on the Rights of the Child (UNCRC), International Labour Organization (ILO) Conventions No. 138 and 182, the African Charter on the Rights and Welfare of the Child (ACRWC), and the Universal Declaration of Human Rights (UDHR). These instruments collectively prohibit exploitative child labour and mandate standards for children’s employment, protection from hazardous work, and access to education. At the national level, the study highlights Nigeria’s legal regime, focusing on the Constitution, the Child Rights Act (CRA) 2003, and the Labour Act. The Constitution enshrines the right to dignity and prohibits forced labour, forming the supreme legal basis for child protection. The Child Rights Act integrates international standards by prohibiting exploitative and hazardous labour for children under 18 and prescribing penalties for violations. The Labour Act complements this framework by setting minimum age requirements and regulating the conditions under which children may be employed, emphasizing protection from harmful work and the preservation of education. The paper examines persistent challenges to effective enforcement, including socio-economic pressures, cultural acceptance of child labour, and limited institutional capacity. Legal ambiguities and weak enforcement mechanisms undermine the full implementation of these protective laws. The study argues that a robust legal framework is insufficient without strengthened enforcement, public awareness, and harmonized legal interpretations. Conclusively, the realization of children’s rights against child labour requires integrated approaches encompassing stringent enforcement of constitutional guarantees, coordinated application of the Labour Act and Child Rights Act, and socio-economic interventions aimed at addressing the root causes of child labour.

This study examines the topic “Economic Hitmen and International Trade Law: Using Trade and Debt Instruments to Entrench Poverty in Developing ations.” It explores how powerful states, multinational corporations, and international financial institutions subtly influence and control developing economies rough unequal trade agreements, conditional loans, and debt- based interventions. The work argues that these instruments—often presented as development assistance—frequently function as tools of economic coercion that limit national sovereignty and deepen structural poverty. The aim of the research is to analyse how trade and debt mechanisms are used to create dependency, identify the legal gaps within international trade law that enable such practices, and valuate the role of institutions like the IMF, World Bank, and WTO in shaping economic outcomes in vulnerable nations. Using a doctrinal research method, the study relies on treaties, statutes, case law, institutional reports, and scholarly literature to examine the legal and economic frameworks that sustain obal inequality. The findings reveal that many developing nations remain trapped in cycles of poverty not because of natural economic weaknesses, but due to deliberately structured global systems that favour creditor nations. Trade rules, loan conditions, and debt repayment structures often force developing states into policies that undermine development. The study recommends stronger ransparency in loan negotiations, regional debt- management strategies, fairer trade rules, and legal reforms within global financial institutions to protect weaker economies. The work contributes to knowledge by linking the economic-hitman framework directly with international trade aw and demonstrating how legal instruments, rather than open force, are used to entrench dependency and underdevelopment.

The exploration and production of petroleum resources in Nigeria have long generated immense economic wealth but also severe environmental degradation and social dislocation, particularly in oil-producing regions such as the Niger Delta. Despite the existence of multiple legal and regulatory instruments designed to ensure compensation for affected communities, widespread grievances persist over inadequate redress, environmental pollution, and inequitable distribution of oil wealth. This study, therefore, evaluates the effectiveness of the laws governing compensation for oil-producing regions in Nigeria, with a view to identifying the structural, institutional, and procedural weaknesses that undermine justice and sustainability in the Nigerian oil sector. Adopting a doctrinal and comparative research methodology, the study examines Nigeria’s primary legal instruments which include including the Constitution of the Federal Republic of Nigeria 1999, as amended, the Petroleum Industry Act 2021, the Land Use Act 1978, the Oil Pipelines Act, the NOSDRA Act 2006, etc. It analyzes their provisions on compensation, environmental remediation, and community participation. It further compares Nigeria’s compensation framework with those of other oil-producing jurisdictions, namely Norway, Canada, Ghana, Alaska, and South Africa, to extract best practices and policy lessons relevant to Nigeria’s context. This study finds that while Nigeria’s legal framework is elaborate on paper, its effectiveness is hampered by legislative fragmentation, institutional overlap, poor enforcement, and limited community participation. Compensation mechanisms are often opaque, inconsistently applied, and insufficiently linked to environmental restoration or livelihood recovery. Conversely, the comparative jurisdictions demonstrate that effective compensation depends on clear statutory duties, strong institutional capacity, judicial enforceability, and public transparency. For example, South Africa’s rights-based approach to environmental protection and Norway’s integration of oil revenues into long-term social welfare provide instructive models for reform. Based on these findings, the study recommends a comprehensive restructuring of Nigeria’s compensation system. It concludes that true compensation extends beyond monetary payment, it encompasses environmental rehabilitation, livelihood restoration, and respect for the human and environmental rights of oil-producing communities. In achieving these reforms, Nigeria can transform its compensation framework from a reactive mechanism of damage control into a proactive instrument of social justice, environmental protection, and sustainable development, setting a continental standard for equitable resource governance.

Irregular migration remains a deeply contested issue in contemporary migration governance, particularly in Nigeria where security concerns and human rights obligations frequently collide. This research critically examines the criminalization of irregular migration within the Nigerian legal framework, highlighting how migrants are often penalized for their immigration status rather than for any criminal conduct. While Nigeria has a legitimate interest in protecting its borders and addressing transnational threats such as trafficking and terrorism, the blanket application of criminal sanctions to migrants, including refugees, asylum seekers, and economic migrants, raises serious human rights concerns. Through an analysis of key domestic laws such as the Immigration Act 2015, Immigration Regulations 2017, NAPTIP Act, Criminal Code and the Administration of Criminal Justice Act (ACJA), as well as international instruments like the 1951 Refugee Convention, The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ECOWAS Free Movement Protocol and African Charter on Human and Peoples’ Rights, this study assesses the extent to which Nigerian law strikes a balance between enforcement and protection. The research finds that the current approach risks conflating administrative breaches with criminal offences, leading to violations of fundamental rights such as liberty, due process, and non-refoulement. The study concludes by advocating for a migration framework that distinguishes between genuine security threats and humanitarian need. It calls for policy reforms that uphold the rule of law while respecting the dignity of migrants, ultimately proposing a more proportionate, rights-based, and security-conscious model for managing irregular migration in Nigeria.

Child marriage is any marriage carried out below the age of 18 years before the child is physically; physiologically, and psychologically ready to shoulder the responsibilities of marriage and childbearing. Child marriage affects both boys and girls, but girls are often more disproportionately affected. The issue of child marriage remains a global menace that has raised several concern because of the harm that comes with the pernicious practice. However, significant efforts have been made to combat the insidious practice through several instruments, towards achieving global realization in the Structural and Developmental Goals Scheme. According to UNICEF, several jurisdictions e.g England and India, among others have harmonized their legal systems to explicitly prohibit child marriage. in spite of these progressive legal strides towards the eradication of child marriage globally, the incident of the practice is quite prevalent in Africa. This practice is prevalent in Africa because it is greatly entrenched in the fabrics of her socio-cultural and religious beliefs. Nigeria is not indifferent in this arena, the antecedence of child marriage is still rampart in Nigeria, in spite of several instruments prohibiting the engagement of such practice and its inimical effect to children. The intrinsic factor responsible for the unremitting practice, among others, is the adoption of a pluralist legal system at its core and the disharmony of legislation in the subject of legal minimum age which have been exploited as a cloaked enterprise for the justification of child marriage in Nigeria. This work critically examines the issue of legal minimum age for marriage in Nigeria and the attendant problems associated with the disharmony in legislation in respect to a legal minimum age for marriage in Nigeria. It further addresses the consequences that unfold as a result of child marriage and other attendant violation

Environmental, Social, and Governance (ESG) frameworks have gained increasing relevance in promoting corporate sustainability and responsible business conduct globally. In Nigeria, however, the effective implementation of the environmental pillar of ESG remains challenged by weak regulatory enforcement, overreliance on fossil fuels, inadequate environmental infrastructure, and inconsistencies between policy objectives and corporate practices. This gap has limited Nigeria’s progress toward environmental sustainability and compliance with international climate commitments. The aim of this study is to critically examine the environmental pillar of ESG within the Nigerian context, with a focus on applicable legal and regulatory frameworks, corporate practices, and enforcement mechanisms. The study adopts a doctrinal research methodology, relying on the analysis of statutes, case law, policy documents, academic literature, and institutional reports relevant to Nigerian environmental and corporate governance law. The findings reveal that although Nigeria has established several environmental laws and policies aligned with ESG principles, their implementation is undermined by weak enforcement, regulatory overlap, limited corporate transparency, and insufficient integration of ESG considerations into business operations. The study further finds that ESG compliance in Nigeria is largely voluntary and driven by external investor pressure rather than robust legal obligation. The study recommends strengthening environmental regulations, improving enforcement capacity of regulatory agencies, mandating clearer ESG disclosure requirements, and encouraging corporate adoption of sustainable practices through legal and policy reforms. These measures will enhance environmental sustainability, corporate accountability, and Nigeria’s alignment with global ESG standards

The petroleum sector constitutes the fundamental pillar of Nigeria's economic architecture, providing substantial contributions to governmental revenue streams and foreign currency reserves. Amongst the diverse contractual frameworks utilised in hydrocarbon resource administration, Production Sharing Contracts have established themselves as the predominant mechanism, particularly within offshore exploration ventures. This research undertakes a comprehensive evaluation of the juridical, institutional, and operational facets of Production Sharing Contracts within Nigeria, scrutinising their efficacy in achieving equilibrium between sovereign oversight and commercial viability for investors. The investigation examines pivotal legislative frameworks, including the Deep Offshore and Inland Basin Production Sharing Contracts Act and the Petroleum Industry Act 2021, while it is simultaneously analysing the functions of regulatory bodies such as NNPC Limited and the Nigerian Upstream Petroleum Regulatory Commission. Additionally, this study investigates fundamental contractual provisions within Production Sharing Contracts encompassing cost recovery mechanisms, profit distribution arrangements, and fiscal stabilisation clauses and assesses how these instruments influence the economic and operational environment. A comparative examination of international Production Sharing Contracts frameworks in Malaysia, Indonesia, and Iraq is undertaken to discern exemplary practices and contextual insights. This study illuminates structural deficiencies, transparency challenges, and community impact considerations, employing the OPL 245/Malabu controversy as an illustrative case study. The analysis culminates with strategic policy recommendations designed to transform Nigeria's Production Sharing Contracts framework, ensuring sustainable development objectives, equitable resource stewardship, and enduring investor confidence.