DEPARTMENT OF LAW

Nigerian Courts have a constitutional mandate to resolve disputes. In the resolution of disputes, the Courts evaluate issues nominated by the respective parties in light of the facts of the case and extant laws. In reaching its decisions in the case under review, the court considered the legal implication of the evidence of police officers and the tilting of the burden of proof. The Court further considered the quantum and quality of evidence required to meet the standard of proof in civil and criminal proceedings. The court held that the evidence required to discharge the burden of proof in criminal matters is on proof beyond reasonable doubt. However, this does not translate to proving the crime alleged beyond all shades of doubt. In considering these positions of the Supreme Court, this study examines the legal issue of admissibility and validity of completed election result forms given to the police. The study takes the stance that results given to the police are authentic and valid evidence to establish cases of mutilation of scores, over voting and unlawful exclusion of votes. The study finds that exclusion of votes by a Returning Officer is unlawful and an act ultra vires the power of the Returning Officer. The law empowers the Presiding Officer to exclude votes. Any vote excluded by the Returning Officer constitutes unlawful exclusion of votes. The Courts usually countenance votes that were unlawfully excluded; that was the situation in the case under review. The case under review could easily be said to have been fought and won on the law governing burden and standard of proof. The study, in the final analysis, finds that the respondents, especially INEC misconceived the concept and this resulted in the loss of the matter. The respondents did not call witnesses or tender documents to establish their respective positions, even in extreme cases where they raised fundamental issues of law.The decision of the Supreme Court is final. The finality of the decision of the Supreme Court carries with it the effect of infallibility; a status acquired merely by virtue of it being the final court. The Tuesday, January 14, 2020 decision of the Supreme Court followed with it a gale of criticisms. While some of the concerns shared appears justifiable both in principle and at law, the hastiness of the decision which failed to accommodate obvious circumstances at law leaves so much to be desired. That decision for the umpteenth time terminated the tenure of a sitting governor. Whether that decision was right or wrong, is what this paper seeks to determine in detail. The paper considers the justifiability or otherwise of opinions expressed in reaction to the decision and also seeks to examine the relevance of the decision in the light of the recent amended Electoral Act, 2022.

This dissertation examines the intricate balance between treatment, rights, and autonomy for persons with psychosocial disabilities within the legal, institutional, and policy frameworks of Nigeria and South Africa. It explores how both countries have responded to the international human rights standards established under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), particularly in relation to the principles of informed consent, legal capacity, non-discrimination, and supported decision-making. The study adopts a qualitative doctrinal research methodology supported by a comparative approach, relying on constitutional provisions, mental health legislation, case law, policy instruments, and academic commentaries to evaluate the extent to which national laws and practices conform to or deviate from global and regional human rights obligations. It finds that although Nigeria and South Africa have both made legislative and policy strides toward protecting the rights of persons with psychosocial disabilities, the balance between compulsory treatment and respect for personal autonomy remains deeply problematic. In Nigeria, mental health governance is constrained by outdated laws, weak institutional capacity, and pervasive stigma that justify coercive and custodial models of care. The Mental Health Act, though recently enacted, lacks the necessary mechanisms to ensure informed consent and safeguard against arbitrary detention and treatment. South Africa, on the other hand, has a more advanced legal regime under the Mental Health Care Act 2002, complemented by strong constitutional guarantees and an active judiciary that has recognized the rights and dignity of vulnerable persons. Yet, in practice, the country continues to face challenges of resource limitations, uneven enforcement, and persistent discrimination within mental health facilities. Both jurisdictions demonstrate the tension between medical paternalism and the human rights-based approach envisaged by the CRPD. The research argues that genuine respect for autonomy requires dismantling institutional practices that prioritize control and containment over empowerment and inclusion. It proposes a shift toward supported decision-making frameworks, community-based mental health services, and participatory models that integrate persons with psychosocial disabilities into policy design and implementation. Furthermore, the dissertation emphasizes that the protection of rights cannot be achieved solely through legislative reform but must be supported by adequate funding, awareness campaigns, professional training, and judicial oversight. Comparative analysis reveals that while South Africa offers valuable lessons in legal reform and rights-based policy, Nigeria’s experience underscores the urgent need for implementation strategies tailored to socio-cultural realities and institutional constraints. The study concludes that balancing treatment, rights, and autonomy is not merely a legal or medical issue but a multidimensional challenge that demands collaboration among government institutions, civil society, health professionals, and the affected communities themselves. By integrating comparative insights and human rights perspectives, this dissertation contributes to the growing body of scholarship advocating for the full realization of the rights of persons with psychosocial disabilities in Africa. It highlights the necessity of harmonizing domestic mental health laws with international standards and creating sustainable enforcement mechanisms that protect individuals from coercion while ensuring access to quality and compassionate mental health care. Ultimately, the study contends that only through a comprehensive, rights-oriented, and inclusive framework can both Nigeria and South Africa achieve a true balance between necessary treatment interventions and the fundamental autonomy and dignity of persons with psychosocial disabilities.

Corporate social responsibility and sustainable business practices in the Nigerian oil and gas industry refer to what the acceptable standards of business practice in the Nigerian petroleum industry are, with particular focus on issues like gas flaring and oil spillage inter alia. It also contemplates to what extent oil companies are socially responsible to the host communities i.e. communities within which upstream and downstream activities generally occur. The petroleum industry is regulated by a litany of statutes, laws and regulations. This complex tapestry of legislation determine the social responsibilities, outlines the duties and liabilities of persons in the industry and effectively dictates what the preferred business practices are within the industry. This work examines the social responsibilities of oil companies in Nigeria. It also analyzes the legal framework for corporate social responsibility in Nigeria, setting forth a legal view of what business practices fall in line with relevant and recent legislation including but not limited to the Petroleum Industry Act (2021). It also tackles the issue of implementation of integration of corporate social responsibility and sustainable business practices in the oil and gas industry.

Defamation has become a serious issue in Nigerian electoral politics, often used as a tool to damage opponents' reputations, mislead voters, and manipulate public opinion. This research paper presents a detailed examination of defamation in Nigerian electoral politics, particularly the 2023 general elections. Specifically, it further identifies various defamation methods employed in Nigerian politics, while examining their causes and collective impact on democratic institutions and electoral integrity. Nevertheless, drawing from comparative analysis of international approaches, particularly the United States and United Kingdom, the study proposes reforms, including the implementation of alternative dispute resolution mechanism, and strengthening of electoral regulations. These recommendations aim to balance the fundamental right to free speech with protection of individual reputation, while promoting more ethical and issue-based political discourse.

Contemporary reproductive technology has in recent times made extraordinary advances in responding to the desire of women and men to have children. The success of these advancements in developed countries and lately Nigeria has made it possible for couples who would otherwise have been unable to conceive and bear children to avail themselves of these techniques that are today commonly known as “Assisted Reproductive Technology (ART). This essay examines the meaning, the concept and the historical development of Assisted Reproductive Technology. It goes further to explain in details the various types of assisted reproductive technology. This research also examines the legal issues such as legitimacy, successions, the status of a child, citizenship of a child which would arise as a result of assisted reproductive technology. The succession and inheritance rights of the children of assisted reproduction in Nigeria are not exactly as clear and settled as those of the adopted child even though such children can ordinarily trace their genetic ties to their genetic parents. This thesis examines the position of the law with respect to assisted reproduction in other jurisdiction and also the need for laws to be made in Nigeria to protect the rights of children born through assisted reproduction

Crime generally is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. At common law, rape is defined as an unlawful sexual intercourse with a woman against her will, with the essential elements of sexual penetration, force and lack of consent. The provisions of the Criminal and the Penal cover the offence of rape generally in the Southern and Northern parts of Nigeria respectively. These codes make provisions for the offence of rape and its establishment (proof) but their provisions only cover the establishment of rape as it concerns the girl child and women basically. This work takes a close look at the offence of rape, particularly as provided for in the Criminal and Penal codes and Violence Against Persons (Prohibition) Act, 2015 (VAPP Act). It beams a torchlight on their provisions as to the establishment of the offence of rape .The aim of this is to critically examine the challenges inherent with the establishment of the offence of rape as it pertains to corroborating the evidence of the prosecutrix and to profer solutions to the challenges identified. This research work utilizes the analytical method of research. It finds that corroboration is a major challenge in establishing the offence of rape in Nigeria. It recommends that the VAPP Act be given a wider coverage in Nigeria; that is states should domesticate the VAPP or make laws similar to the provisions of the VAPP Act as it relates to the crime of rape. Furthermore, this work states that uncorroborated evidence of the Prosecutrix should be allowed by the courts of Nigeria to stand as proper evidence needed for an offender to be brought to book.

Proliferation of internet technologies has given the average person, who was previouslyamere customer of online content; the power to publish their own on various websites, blogs, consumer-evaluation platforms (such as Amazon, eBay, and Uber), news websites (throughreader comments), social networking services (such as Facebook, Twitter, and Linkedin), media- sharing websites (such as Instagram and Youtube), and collaborative-writingprojects(such as Wikipedia). Some of these user contributions may be defamatory, and given the far reach of the internet and the relative permanence of materials placed on the internet, the results can be devastating. A veritable legal question, and subject of this work is: who should be liable for defamatory statements made online by users? Should it be the users, or the Internet Service Providers?Keywords: Defamation, Internet, Liability, ISP

literary works, musical works, artistic works, cinematograph films, sound recordings and broadcasts. When a person creates a work such as a musical piece, it is expected that such owner or creator reaps the benefits of their creation. These benefits could include monetary benefits that accrue from the sales of such work. It is therefore expected that a person who copies or sells another person’s work for personal benefits without the direction or permission of the owner has committed an infringement of the creators copyright. The development of the internet has led to a rapid increase in the rate of online copyright infringement. This is because different sources of information are now easy to access in digital format and are globally accessible, leading to a growth of piracy in the last decade, especially in Nigeria in which the rate of unauthorized online reproduction has become rampant, and as some might argue, normalized. The Internet has proven to be one of copyright's most difficult challenges. This development calls for greater copyright protection, because copyright is not also important to creators, but is equally important for the development and progress of every economy. In order for copyright holders and stakeholders to reap their pecuniary benefits, there must be properly regulated laws and policies that accommodate copyright protection in light of recent digital trends. In Nigeria, The Nigerian Copyright Act is the statute regulating copyright in the country. The Act contains relevant provisions for copyright protection, as well as the establishment of the Nigerian Copyright Commission, which is the body responsible for all matters relating to copyright in the Country. The current condition of copyright law in Nigeria, and the attitude of the commission to curbing same will be discussed in this research. The study will also examine and address copyright difficulties that have arisen in the digital age. xiii This project recognizes the frustrations that today's creative minds are experiencing as a result of internet piracy. The ease of infringement via the internet and its rampant reoccurrence is the motivating force behind this study, hence it is referred to as the “Golden Age”.

The relevance of Intellectual Property protection to our day to day activities has repeatedly been shown to be a settled matter. For this reason, the dawn of information age and the 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 developing countries 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, 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.

The Metaverse, a virtual reality environment where users may interact and take part in different activities, has drawn a lot of interest as a promising breakthrough in technology. There are potential and problems associated with the Metaverse as it develops and grows, especially in terms of safety and regulation. This thesis explores the legal framework in Nigeria for regulating and promoting the safe usage of the Metaverse. This study examines the applicability of current laws in addressing safety issues in the metaverse, drawing on the National Information Technology Development Agency (NITDA) Act, Cybercrime (Prohibition, Prevention, etc.) Act, Nigerian Communications Act, Data Protection Regulation, and Copyright Act. The study reviews how NITDA regulates new technologies, promotes safe information technology practices, and considers how it may be used in the metaverse. It examines how the Cybercrime Act's provisions can be used to combat online threats and crimes, with a particular emphasis on unauthorized access, fraud, and identity theft. The study also considers the function of the Nigerian Communications Commission (NCC) in upholding user safety and privacy in the Metaverse, as well as the regulatory reach of the Nigerian Communications Act. The Nigeria Data Protection Regulation (NDPR) is reviewed in connection to the Metaverse's protection of personal data and privacy rights, including challenges and potential solutions for applying data protection measures in a virtual environment. The implications of the Freedom of Information Act for obtaining public information linked to Metaverse platforms are also examined, as is the applicability of the Copyright Act in safeguarding artists' and performers' intellectual property rights in virtual spaces. This thesis intends to give insights into the regulation and promotion of safe Metaverse usage in Nigeria by examining these statutory regulations and investigating their possible applicability. It outlines gaps, difficulties, and solutions for policymakers, regulators, and stakeholders in Nigeria in order to create a safe and inclusive Metaverse environment.