DEPARTMENT OF LAW

Land- an immovable and indestructible portion of the earth surface- is undoubtedly an essential required for the socio-economic development of an individual and the society at large. The economic and socio-cultural attachments to land have snowballed into multi- dimensional disputes, relating to the proprietary rights or ownership over land. The result of this is evidence in the litany of cases in our various courts bothering on land disputes. Registration of Land Instruments or title is one of the viable means of proving title to a piece of evidence, but also cloth him with a legal interest, that is higher in ranking, over and above other equitable interests. The cardinal pursuit in this work is to examine the provisions of the Land Instrument Registration Laws (LIRL) of various states, vis-a-vis the role of admissibility and the priority of interests conferred by registration, with a view to resolving land disputes

The relevance of Intellectual Property protection to our day to day activities has repeat advancement of technology in the reproduction of information and intellectual goods has created a favorable tool for piracy; copying and selling of another's intellectual works have become easy and less expensive; Copyright theft; Production of fake, Sub-standard and unlicensed products are on the increase. Hence, Copyright Piracy is a global problem, although more prevalent in developingcountries like Nigeria. Copyright piracy has been recognized worldwide as an enemy of creative arts, intellectualism and creativity. It obstructs genuine investments and corrupts cultural value of a nation. Section / of the Copyright Act CAP C28 LFN 2004 makes provisions for the definition, protection, transfer, infringement of and remedy, and penalty thereof of copyright in forms of Literal, Musical, Dramatic and
Sound recordings works. It is pertinent to observe that online generated materials can be classified under the category of literary works. Of greater importance, Sections 2 and 3 of the Copyright Act is to the effect that, copyright protection of any physical creative work is local, while the reach of the internet is international. The provisions of Sections 2 and 3 above presents a strenuous task for the protection of copyrights and enforcement of wrongdoings committed across the border. In respect of that, Section 2(1) of the Copyright Act provides that copyright shall be conferred by this section on every work eligible for copyright of which
the authors or in the case of a work of a joint authorship, any of the authors is at the time when the work is made, a citizen, or is domiciled in Nigeria Nigeria's status as a favorable destination for foreign direct investment and a place where local creative talent can flourish is in jeopardy due to the activities of individuals who unjustifiably infringe on another's copyright works. It is in recognition of the above fundamental facts that the Nigerian Copyright Commission (NCC), which is saddled with the responsibility of monitoring, 15 administering and enforcing copyright laws and ensuring proper implementation of set out rules and regulations on the citizenry in the case of default seeks to fight against piracy

This research endeavors to explore and enhance the understanding of fair dealing withinthe framework of copyright law in Nigeria. Part of its objectives encompasses definingthe nature and scope of fair dealing, examining provisions of the Copyright Act relatedto copyright infringement, determining specific acts constituting fair dealing, andcomparing this concept under the Nigerian Copyright Act with "Fair Usage" inother jurisdictions. Additionally, the study aims to identify challenges faced by defendantsutilizing fair dealing as a defense and proposes measures to fortify the legal frameworkfor fair dealings in Nigeria. The findings of this study underscore critical aspects of Nigeria's copyright landscape. The defense of fair dealing is revealed to be inadequately addressed in the current Copyright Act, marked by ambiguity and lack of specificity. Challenges arise fromtheinterpretation and application of fair dealing provisions, leading to uncertainties for users and creators navigating the legal landscape. The study emphasizes the needfor educational campaigns to address limited awareness and understanding, promotingresponsible navigation of copyright issues. Moreover, the research highlights theevolving challenges posed by digital technologies, necessitating adaptive measures toalign fair dealing provisions with contemporary realities. In conclusion, the thesis advocates for a comprehensive strategy to fortify fair dealinginNigeria, recommending clarity in legislation, extensive educational efforts, ongoingjudicial interpretation, and international benchmarking. These components are deemedintegral for fostering a copyright environment that harmonizes creators' rights withthepublic interest. By addressing these recommendations, Nigeria can navigate the evolvingchallenges posed by technology and creative practices while upholding the principles of XV fair dealings.To ensure the continuous efficacy of the defense of fair dealing in Nigeria, the study proposes a set of recommendations. These include ensuring clarityandspecificity in legislation, implementing education and awareness programs, developingguidelines and best practices, regularly reviewing and updating legislation, balancingrights and interests, promoting alternative dispute resolution mechanisms, engagingininternational collaboration, conducting public consultations, and addressingtechnological considerations. These recommendations collectively forma multifacetedapproach aimed at fostering a balanced and informed copyright environment in Nigeria.

he phase independence of the judiciary is not a strange concept to any student or concerned citizen of any country including Nigeria. The concept of independence of the judiciary has long been introduced as an important ingredient to uphold the rule of law in any country. The independence of the judiciary in Nigeria is enshrined in Section 17 of Chapter 2 of The Constitution of the Federal Republic of Nigeria, 1999 which states that “the independence, impartiality and integrity of courts of law and easy accessibility thereto shall be secured and maintained”. Unfortunately, this chapter of the constitution is not justiciable, meaning that none of the objectives and principles set out in the chapter can be enforced. Thus, the instrument creating the Nigerian judiciary does not clearly provide for the enforcement of its independence. This is one of the reasons many often wonder if the judiciary is and can be independent. This paper seeks to answer the question, is the Nigerian judiciary independent? How free is the Nigerian judiciary from interference? In answering these questions, it is important to first understand the meaning of the words independence and judiciary, what constitutes an independent judiciary? This will include an illumination into the development and structure of the Nigerian Judiciary, the development of independence in the Nigerian judiciary since independence under the different constitutions and the military dispensation. The challenges to an independent judiciary in Nigeria will be discussed along with a brief comparison with other nations, in particular the United Kingdom from which most of our laws emanate.

Domestic violence is a predominant issue in today’s society and laws are known to be enforced to sanction its perpetrators such as the Criminal Code, the VAPPA 2015, etc. However the effectiveness of these laws are being questioned in even today’s society as domestic violence is seen as “family issue” that is supposed to be settled within the family and not an external body or law. Thus the essence of this work is to evaluate the extant laws concerning domestic violence in Nigeria and see if these extant laws regarding it have been to ameliorate the unpleasant trend not because the laws are inadequate per se but that the
enforcement is weak. Domestic violence has a lot of issues and is to be tackled adequately, it is also known as Intimate Partner Violence/abuse, spousal abuse and family violence. Although there has not been any National Legislation on domestic violence in Nigeria sadly, however there are laws which punish these various offences ranging from rape, battery, molestation, etc. Similarly there has been laws passed as a result of agitation by individuals which tackles domestic violence directly which include; VAPPA (2015), some states have state-level domestic violence legislations, similarly even in abide to effectively enforce these laws and to respond positively to the claim by the public that the police “characteristically exhibit bias and discriminatory attitudes in their treatment of female victims of violence” which is “informed by cultural beliefs and notions which devalue and subjugate women and often blame the victim, the police is said to see domestic violence as family issue and victims are often told to settle the problem themselves or involve other family member. However some provisions of these laws encourage subtle chastisement like Section 55 of the Penal Code and thus call for the repeal of such provisions. The essence of this work, is to tackle the nonchalance and negligence by the body who are expected to enforce these plethora of laws put in place to deter domestic violence has increased the rate of spousal killing, recently it is of commonplace where husband kill wife and wife kill husband, this is
as a result of neglecting domestic violence which eventually results to death of either of the spouse. Hence the aim of this work is to evaluate the existing and extant laws concerning domestic violence in Nigeria and see if these extant laws have been to ameliorate the unpleasant trend not because the laws are inadequate per se but that the enforcement is weak, also to criticize laws that encourage domestic violence in any form and to call for its repeal an instance is section 55 of the penal code and finally would offer recommendations that will assist to build up and facilitate the effective enforcement of laws against domestic violence

The issues surrounding the power of the Nigeria Police Force to prosecute offenders alleged to have committed crimes has been greeted with a lot of heated contestations. Basically, under the repealed Police Act 2004, a police officer (whether being a lawyer or not) was empowered to prosecute an offender in any court in Nigeria whether the complaint was laid in his name or not. This position had also been judicially affirmed in the case of Federal Republic of Nigeria v. Osahon where the Supreme Court held inter alia that a police officer (irrespective of being a lawyer) can prosecute criminal cases in all Nigerian courts. Despite clear statutory provisions and detailed judicial decisions on the police power of prosecution, controversy still existed about the nature and extent of that power. The controversy as to whether police officers who were not qualified lawyers should be allowed to prosecute criminal cases. It was however settled that the police officers who are qualified lawyers are qualified to prosecute criminal cases, subject only to the powers of the Attorney General. The enactment of the Administration of Criminal Justice Act 2015 intensified this controversy with its provision that appeared to exclude police officers. Also, under the extant police Act 2020, the position taken by the legislature on the repealed Police Act 2004 and the case of Federal Republic of Nigeria v. Osahon has been altered. S.66(1) provided that before a police officer can competently prosecute he/she must be a lawyer. However, in subsection 2, the law also permitted police officers who are not lawyers to also prosecute offences which non-lawyers can prosecute. This invariably contradicts the position of the former paragraph. The Administration of Criminal Justice Act and the Police Act also seem to be conflicting on their respective provisions for the police power of prosecution. This research work aims to examine the prosecutorial power of the police using the case of Federal Republic of Nigeria v. Osahon as a standpoint. It also takes into account the relevant provisions of Administration of Criminal Justice Act 2015 and the recently enacted Police Act 2020 looking at the implications and effectiveness of these laws. This would be done by utilizing the doctrinal and analytical methods. In conclusion, this research work looks at the seemingly controversy prosecutorial power of the police from history down to recent times accentuating the differences. It submitted that the position in Osahon’s case is no longer good law and can be validly challenged on the strength of the newly enacted Police Act, 2020. It further identifies the problems in police prosecutorial powers and offers recommendations towards ensuring that the power is exercised efficiently and effectively in the overall interest of administration of criminal justice in Nigeria.

Marriage is the world’s oldest institution. The definition of marriage varies according to different cultures. It is considered a cultural universal. In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to opposite-sex couples or two persons of opposite gender (heterosexual) in the gender binary, and a diminishing number of these permit polygyny and frown at polyandry in their customs, and forced marriages. In modern times, a growing number of countries and other jurisdictions have lifted bans on and have established legal recognition for same –sex marriage a practice which is not a new phenomenon. Same sex practice is not a new phenomenon. Same sex activities either between male and male or female adults were considered as acts or activities carried out between two consenting adults as purely private affairs in society. Nations of the world are at disparity whether or not to embrace same sex marriage, an act some have described as ‘alien’ and ‘immoral’ and others believe it to be within their individual private right. The successful passing of the Same Sex Marriage (Prohibition) Act, 2013 by the National Assembly in Nigeria further stresses the non-acceptance of the deplorable act in Nigeria. The Act criminalizes not only the union, but also any contract entered into by same gender or club set up for the same gender activities. This work attempts a critical concept of same sex marriage in a jurisdiction such as Nigeria and compares with more developed jurisdictions such as the United States and Canada. With the advent of globalization and the incessant call by the international community or other nations of the world, with particular reference to Nigeria to legalize same sex marriage into their system, this thesis attempts also to analyze the legal and moral intention for the enactment of the same sex marriage (Prohibition) Act, 2013 by the Nigeria government, an act which prohibit and criminalize all forms of same sex relationship in Nigeria and to examine whether the Act, violate the inherent right of human beings to engage in a union that is best for them.

Communication right from creation is a very essential aspect of human existence. Just as it is obtainable in other parts of the universe, the concept of consumer protection is same in Nigeria. It is designed to protect consumers from unscrupulous producers and service providers. The telecommunication sector in Nigeria is an active participant in this development as seen in the accelerated growth of the industry with one innovation replacing another in quick succession. Following the opening up of the telecommunication sector of the Nigerian economy in 2002, telecommunication services became widely available in the country with the number of active telephone lines presently trying to equal the population of the country. However, with the rapid growth of the telecommunication industry and the consequent expansion of its consumer base, consumer dissatisfaction has become rife in Nigeria. Consumer complaints against telecommunication services provider include call interference and loss of audio, high rates of call attempts, recurrent downtimes, long delay and non-delivery of SMS, multiple deliveries of a single SMS and unsolicited commercial text messages. While the government has responded through the enactment of legislations, with the aim regulating the telecommunication sector, the issue of consumer dissatisfaction still continues amidst these legislations. Utilizing the doctrinal research methodology, this research work seeks to the efficiency of the regulatory frame work on the regulation of the telecommunication sector and consumer protection in Nigeria. The research work concluded by making salient recommendation which implemented will ensure more protection of the telecommunication consumers in Nigeria.

Human Rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being. Right from the evolutionary point of Human Rights, there have been arguments as to its natural existence, also its applicability across places and spaces within the context of their socio-cultural, political, and economic realities. Thus, the discourse of the Universalism and Cultural Relativism of human rights is one of great controversy in both domestic and international levels. Essentially, most if not all the Human Rights instrument provide that Human Rights are Universal, for instance the provisions of the UDHR1 preamble, which declares itself a ‘standard of achievement for all people’. The cultural relativist argue that human rights or at least certain human rights are a result of Western influence, and as such should not be imposed on other cultures, it promotes the tolerance of other cultures and challenges the universality of human rights. With respect to the subject of gay rights which has provoked a lot of outburst from Africans and the Westerners on its implementation and practice universally. While many Africans considerLGBT as immoral to their culture, the Westerners consider it as part of human rights. This long essay would attempt to distinguish between the universalism and cultural relativism of human rights, and within the context of LGBT rights in Nigeria as a focus, its legislation; Prohibition and Punishment of LGBT practice, the implication of such in the society, noting that nowhere in sight is the political consensus on LGBT rights equating with human rights in Nigeria

This research focuses on the critical examination of the rule of Interpretation of statute vis-a-vis Section 134 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN) as amended. The contention existing in the political and legal space after the 2023 presidential general election, bordering on the mandatoriness of 25% of votes cast in the FCT is a novel one in the Nigerian Electoral history. Using the doctrinal/library base methodology, this research investigates canons of Interpretation of Statute as it relates to Section 134(2)(b) 1999 CFRN. The new purposive approach of Interpretating a statute, which encompasses liberal Interpretation of constitution is treated with utmost legal precision as the recent presidential election tribunal position is reviewed. The rationale behind divided opinions x-ray alongside brief theories and presumption that goes with Interpretations. It is reveal that the said section is unprecise, unclear and ambiguous to the common man, therefore there is a need for constitutional amendment. The recommendation is necessary so that justice will not only be done but seen as done in our democratic society