DEPARTMENT OF LAW

The increasing reliance on digital technology in personal, commercial, and institutional activities has significantly transformed the nature of evidence presented in civil litigation. This study examines the admissibility of electronic evidence in civil proceedings, with particular reference to the legal framework governing its reception, authentication, and evaluation by the courts. The research explores the provisions of the Evidence Act 2011 (as amended), relevant rules of civil procedure, and judicial decisions that have shaped the admissibility of electronic evidence in Nigeria. Employing a doctrinal research methodology, the study relies on primary sources, including statutes and case law, as well as secondary sources such as textbooks, journal articles, and legal commentaries. The findings reveal that while the Evidence Act has expanded the scope for admitting electronic evidence, challenges remain regarding compliance with statutory requirements for authentication, the reliability and integrity of electronic records, technological complexities, and varying judicial interpretations of the law. The study further identifies issues relating to digital manipulation, cybersecurity concerns, and inadequate technical expertise among legal practitioners and judicial officers as factors affecting the effective use of electronic evidence in civil proceedings. It concludes that electronic evidence has become indispensable in modern litigation and that its admissibility is essential to ensuring efficient and effective justice delivery. The study recommends continuous judicial training, legislative reforms to address emerging technological developments, improved digital forensic capacity, and greater awareness among legal practitioners to promote the consistent and reliable application of the law governing electronic evidence in civil proceedings.

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

The emergence of blockchain technology and smart contracts has transformed the traditional concept of contractual relationships by introducing self-executing agreements that operate without the need for intermediaries. While smart contracts offer significant advantages, including efficiency, transparency, security, and reduced transaction costs, their legal status under Nigerian contract law remains uncertain. This study examines the enforceability of smart contracts within the framework of Nigerian contract law, with particular emphasis on the traditional elements of contract formation, the admissibility of electronic evidence, and the challenges posed by blockchain-based transactions. Using a doctrinal research methodology, the study analyses relevant statutes, judicial authorities, and scholarly literature to determine whether existing legal principles adequately accommodate smart contracts. It further explores critical issues relating to consensus ad idem, contractual intention, coding errors, jurisdiction, applicable law, and dispute resolution in cross-border blockchain transactions. The study finds that although Nigerian law has made significant progress in recognising electronic transactions and digital evidence, it has yet to provide a comprehensive legal framework specifically governing smart contracts. This legal uncertainty may hinder commercial innovation and expose parties to enforcement risks. The study concludes that smart contracts are capable of being recognised and enforced under existing principles of contract law where the essential elements of a valid contract are present, but legislative and judicial reforms are necessary to address the unique legal challenges associated with blockchain technology. It recommends the enactment of specific legislation on smart contracts, judicial capacity building, and the development of regulatory guidelines to enhance legal certainty and promote confidence in Nigeria's digital economy.

Environmental pollution is a global concern, with Nigeria being one of the highest emitters of greenhouse gases due to its crude oil production. Environmental degradation has led to adverse socio-economic impacts, including population displacement, reduced agricultural productivity, and health hazards. While several regulatory frameworks exist to combat environmental pollution, including the Constitution of the Federal Republic of Nigeria, the Environmental Impact Assessment Act, and the Climate Change Act, they are hindered by fragmented enforcement mechanisms. A significant barrier to environmental rights enforcement in Nigeria is the constitutional limitation under Section 6(6)(c) of the 1999 Constitution, which renders environmental rights non-justiciable. This limitation prevents individuals and communities from seeking legal redress for environmental harm. However, proponents argue that environmental rights remain enforceable under the African Charter on Human and Peoples’ Rights, as recognized in cases such as Fawehinmi v Abacha and Gbemre v SPDC. This study examines the challenges posed by locus standi in environmental litigation, which restricts access to justice for affected individuals and communities. It explores the need for a broader interpretation of standing, as adopted in other jurisdictions, to enhance environmental accountability. The research findings reveal that Nigeria’s environmental regulatory framework, though robust in scope, suffers from weak implementation and judicial conservatism. The study advocates for constitutional amendments to recognize environmental rights as justiciable, alongside procedural reforms to ease access to courts. Strengthening judicial interpretation, promoting public interest litigation, and aligning national laws with international environmental treaties are recommended. Ultimately, this research underscores the necessity of a legal framework that ensures environmental justice, safeguards human rights, and fosters sustainable development in Nigeria

Medical malpractice poses significant risks to patient safety and healthcare systems in Nigeria. It examines the legal consequences of medical malpractice in Nigeria through a comparative analysis with other jurisdictions and explores the country's obligations to respect, protect and fulfill the rights of citizens by providing good healthcare services. It assesses Nigeria's existing legal frameworks and compares it with international frameworks. The study investigates the domestic legal landscape including the Nigerian constitution legislation, policies and programs related to healthcare services, highlighting the gaps and challenges in realizing the rights to adequate compensation with proof of negligence. This project undertakes a comprehensive legal analysis of the rights of patients. The paper compared the medical negligence jurisprudence in Nigeria and the United States of America with particular reference to the state of Texas. This research employs the doctrinal method of research which would be anchored on primary and secondary information such as journals, textbooks, dictionaries, literature and other internet sources commentaries. It was hereafter discovered that the medical negligence jurisprudence in Texas is robust, structured, and well-defined compared to what is obtainable in Nigeria. The study highlights the need for legal reforms to strengthen patient's rights, enhance accountability, improve compensation mechanisms and provide more effective legal responses to medical malpractice in Nigeria while using other countries as example. Medical practice usually involves different activities which,if not professionally handled,may give rise to liabilities on the part of the medical practitioner. These liabilities may arise in tortious claims and in some other cases,may go beyond the realm of civil liabilities to criminal liabilities.

Environmental pollution is a global concern, with Nigeria being one of the highest emitters of greenhouse gases due to its crude oil production. Environmental degradation has led to adverse socio-economic impacts, including population displacement, reduced agricultural productivity, and health hazards. While several regulatory frameworks exist to combat environmental pollution, including the Constitution of the Federal Republic of Nigeria, the Environmental Impact Assessment Act, and the Climate Change Act, they are hindered by fragmented enforcement mechanisms. A significant barrier to environmental rights enforcement in Nigeria is the constitutional limitation under Section 6(6)(c) of the 1999 Constitution, which renders environmental rights non-justiciable. This limitation prevents individuals and communities from seeking legal redress for environmental harm. However, proponents argue that environmental rights remain enforceable under the African Charter on Human and Peoples’ Rights, as recognized in cases such as Fawehinmi v Abacha and Gbemre v SPDC. This study examines the challenges posed by locus standi in environmental litigation, which restricts access to justice for affected individuals and communities. It explores the need for a broader interpretation of standing, as adopted in other jurisdictions, to enhance environmental accountability. The research findings reveal that Nigeria’s environmental regulatory framework, though robust in scope, suffers from weak implementation and judicial conservatism. The study advocates for constitutional amendments to recognize environmental rights as justiciable, alongside procedural reforms to ease access to courts. Strengthening judicial interpretation, promoting public interest litigation, and aligning national laws with international environmental treaties are recommended. Ultimately, this research underscores the necessity of a legal framework that ensures environmental justice, safeguards human rights, and fosters sustainable development in Nigeria.

Sexual violence is an extensive and deeply distressing crime that poses significant challenges to the criminal justice systems globally, particularly in Nigeria, and this is often committed in private, without witnesses, and under conditions where victims face social stigmatization and psychological trauma which could range from post traumatic stress disorder (PTSD) and other traumatic related issues, such crimes are infamously difficult to investigate and prosecute, It remains a pervasive and deeply rooted issue in Nigeria, cutting across social, economic and cultural boundaries, This study explores the prevalence , causes and consequences of sexual violence crimes in the country, examining both the systemic failures and cultural attitudes that enables it's persistence, it examines the application of forensic evidence as an essential tool in detecting and prosecuting sexual violence crimes, focusing on how scientific methods can improve the effectiveness and credibility of investigations and legal proceedings worldwide, with particular focus on Nigeria, with the primary aim to explore how forensic techniques such as DNA analysis, toxicology, fingerprint, forensic pathology,crime scene reconstruction, and expert testimony and other forensic techniques can assist law enforcement agencies and the judiciary in obtaining objective and more accurate evidence in sexual offence cases. Furthermore, this study seeks to identify the forensic methods most relevant to such crimes, assess the challenges inhibiting their effective application in Nigeria, and propose legal and institutional reforms to enhance their uses.

Although marriage is a legal institution used in solving marital instability, in most cases, it creates complex challenges with regard to children welfare and protection. The Matrimonial Causes Act (MCA) forms the main legislative foundation of divorce, separation and ancillary reliefs in the Nigerian legal system. But the overlap of the Act with the rights of the child, especially as expressed in the Child Rights Act 2003 and the global provisions like the UN Convention on the Rights of the Child is a serious subject of academic interest. This paper discusses how the MCA is sufficient to protect the rights of children both during and after dissolution processes. It questions the law-making principles on custody, maintenance, access and guardianship as well as evaluates the discretion of the judiciary and the overall importance of the best interests of the child. Through the case law, statutory provisions and comparative outlook, the study brings to the fore both the weaknesses and strengths of the matrimonial jurisprudence in balancing the interests of parents and child welfare in Nigeria. The paper contends that although the MCA offers a legal framework in the ancillary relief it lacks adequate incorporation of child centered provisions, hence there is a need to reform the laws to align the family law with the laws of children rights. Finally, the paper highlights the necessity of more comprehensive and rights-oriented approach to matrimonial conflicts with an aim at preserving dignity, welfare, and future of the child

Host Communities in oil and gas producing communities in Nigeria have enjoyed very little recognition and legal relevance in the Nigerian Petroleum Industry. This situation has its root partly in inadequate laws on the one hand and the internal wrangling and conflicts that have been ranging among the various identifiable stakeholder groups within the superstructure of the host communities. Against the background of the observed disparity in the socio-economic rights of host communities who should be properly and justly recognized and compensated in oil and gas producing agreements which peripherally recognize them, this study sought to gauge the efficacy of the provisions for such communities in oil producing agreements and thus to provide a legal resolution of the conflict of interest within the host communities. Particularly, the study sought to determine the role and obligations of all stakeholders in oil and gas producing communities, with a bias to host communities, for a peaceful oil and gas operating environment. The study utilized the doctrinal and library-based research methodology and found among other things that the various efforts and attempts by groups advocating community ownership of natural resources are particularly aimed at addressing the socio-economic imbalance, injustice, marginalization, oppression and exploitation of host communities in the oil and gas producing areas in the Niger Delta region. Also that the current legal regime has failed to lay a legislative background to protect the socio-economic interests of local and indigenous stakeholders. In addition, that the absence or near lack of categorical legal pronouncement concerning the respective interests subsumed in oil and gas producing agreements in respect of host communities has left a vacuum and lacuna in the host communities stakeholders question, thus making the use of the term "host communities" susceptible to ruinous arrogation, abuse, oppression, marginalization, power struggle, conflict of interest and political betrayal and subjugation. On the basis of the findings made, the study recommends among other things that going forward, Impact Benefit Agreements (IBAs) should cover issues relating to employment, environmental protection, land use and reclamation, local business development and infrastructural development. Such an arrangement would not only bring about peaceful resources development between the oil companies and the indigenous stakeholders, it will also boost government’s image internationally, because it reflects a strategic balance among interests of the three key stakeholders. Moreover, negotiation should involve all stakeholders and should be based on mutual respect, compromises, authentic goodwill and be fair or equitable. Finally, that an Oil and Gas Host Communities Management Commission should be set up for the specific management and development of the oil and gas host communities in Nigeria. The Commission will, among other issues, ensure that appropriate sharing formula is put in place to determine the percentage or amount that should accrue to the various stakeholders based on the production quantum of oil and gas produced or extracted from their land. x

The topic critically examines the enduring and controversial practice of the death penalty within Nigeria’s legal system. Though a feature of Nigerian law since the colonial era, its continued application stands in stark contrast to global abolitionist trends and poses significant questions regarding the sanctity of fundamental human rights enshrined in the 1999 Constitution (as amended). The study employs a doctrinal approach, analyzing relevant Nigerian statutes, key judicial pronouncements, particularly of the Supreme Court and pertinent international human rights instruments to which Nigeria is a party. The Human Rights Perspective critically assesses the death penalty's impact on the constitutional rights to life as provided in Section 331 and freedom from torture or inhuman and degrading treatment as provided in Section 342 . It highlights concerns surrounding the finality of the sentence in the face of flawed criminal justice processes, the persistent issue of wrongful convictions, and the ethical implications of the "death row phenomenon." The study subsequently investigates the Constitutional Challenges, focusing on two primary areas: the legality of the mandatory death sentence for certain offenses, which limits judicial discretion, and the constitutional validity of execution methods. It analyzes the evolving jurisprudence of Nigerian courts which, while largely upholding the constitutionality of the death penalty, have concurrently introduced judicial safeguards and stricter interpretations of due process. The research concludes that the practice of capital punishment, especially its mandatory nature and the lengthy delays preceding execution, is increasingly difficult to reconcile with the fundamental tenets of modern constitutional democracy and international human rights law. It recommends a legislative review to abolish mandatory sentencing and proposes a national moratorium as an essential step toward eventual abolition