DEPARTMENT OF LAW

This research conducts a critical examination of Sections 174 and 211 of the Constitution of the Federal Republic of Nigeria 1999, which confer discretionary prosecutorial powers upon the Attorney-General of the Federation and the States. Additionally, it evaluates the broader constitutional protection afforded under Section 36(10), which safeguards individuals against double jeopardy. These provisions raise pressing inquiries regarding the equilibrium between executive discretion and the principles of justice, accountability, and fair hearings within Nigeria’s criminal justice system. The study investigates whether the extensive authority vested in the Attorney-General to initiate, pursue, or terminate criminal proceedings, particularly through nolle prosequi, has been exercised in accordance with the rule of law or has instead devolved into a mechanism for political interference and elite protection. This inquiry is contextualized within a conceptual and theoretical framework that examines justice (retributive, restorative, and distributive), prosecutorial discretion, and the principles of separation of powers and the rule of law. Employing doctrinal and analytical legal research methodologies, the study delineates the historical evolution of the Attorney- General’s office and the development of prosecutorial discretion in Nigerian constitutional law. Furthermore, it discusses judicial interpretations of these provisions in landmark cases such as State v. Ilori, Abacha v. State, Usman v. FRN, Mohammed v. State, and FRN v. Osahon & Ors, revealing a concerning tendency of judicial deference that could potentially facilitate the abuse of prosecutorial authority. Section 36(10) is scrutinized as a constitutional guarantee of finality in criminal trials, which precludes multiple prosecutions for the same offense, thereby preserving the integrity of criminal adjudication. Nonetheless, this safeguard is frequently undermined when prosecutorial discretion is misused to arbitrarily terminate trials, denying victims’ closure and eroding public trust in the justice system. The study concludes that, although Sections 174, 211, and 36(10) each fulfill significant constitutional functions, their interactions must be meticulously overseen to prevent distortions of justice. Recommendations encompass the establishment of clearer statutory guidelines, judicial oversight of prosecutorial decisions, and institutional checks to avert the risk of discretion devolving into impunity. This work contributes to ongoing deliberations concerning democratic accountability, prosecutorial ethics, and the reformation of Nigeria’s criminal justice framework

This research critically examines Nigeria's legal and institutional responses to gender-based violence against women and femicide, evaluating the effectiveness of criminal law and human rights enforcement mechanisms. Despite progressive legislation including the Violence Against Persons (Prohibition) Act 2015 and ratification of international instruments like CEDAW and the Maputo Protocol, systemic institutional failure persists across all levels of Nigeria's justice system. The research identifies interconnected challenges undermining enforcement: chronic resource constraints, deeply embedded patriarchal attitudes among criminal justice actors, pervasive corruption, victim withdrawal under social pressure, geographic inconsistencies in law implementation, inadequate data systems, and insufficient survivor support infrastructure. While civil society organizations like Mirabel Centre, WARIF, and STER have provided essential services to thousands of survivors, these successes remain isolated rather than systematic. The findings reveal a profound gap between law and reality that constitutes a moral failure, yet demonstrate that effective responses are achievable when political will, adequate resources, and coordinated action align. This research concludes that Nigerian women have waited long enough for justice, and that Nigeria possesses the capacity to do better if it makes the necessary political choices and resource commitments. As UN Secretary-General António Guterres stated, "Violence against women is not inevitable"—it is a choice Nigeria can make differently.

Local government autonomy remains one of the most contentious issues within Nigeria’s constitutional and political framework. The question of whether local governments in Nigeria possess genuine autonomy or merely operate as extensions of state authority continues to generate scholarly debates in the legal world and beyond. Although Nigeria is constitutionally structured as a federation, the practical functioning of local governments often reflects patterns of subordination, particularly in political, administrative, and fiscal spheres. This research critically examines the evolution, constitutional status, and operational realities of local government administration in Nigeria. The objectives of this study are to critically examine the constitutional and statutory frameworks governing local government administration, analyze judicial pronouncements interpreting these provisions, and assess the practical challenges inhibiting effective autonomy. It also further evaluates whether the current framework enables meaningful self-governance or simply presents an illusion of autonomy sustained by constitutional ambiguity and state-level control. The study finds that systemic challenges including financial dependence on state governments, irregular elections, weak institutional structures, and pervasive political interference continue to undermine effective grassroots governance. The findings further reveal persistent structural and political constraints that limit the effectiveness of local governments, thereby raising doubts about the actual extent of their autonomy in practice, also contributing significantly to legal scholarship and policy discourse by clarifying the constitutional position of local governments within Nigeria’s Federal structure. Adopting a doctrinal and analytical research methodology, the study will rely on primary legal sources such as the Constitution, judicial decisions, and statutes, as well as secondary materials including academic commentaries, policy documents, and journal articles. to determine the extent to which local governments are empowered to function as independent units of governance. The study recommends constitutional and institutional reforms, as one of the core ways, capable of ensuring genuine autonomy of Local governments in Nigeria. The research thereby concludes that without genuine fiscal and administrative independence, the promise of local government autonomy remains largely theoretical rather than practical and that strengthening local government independence remains crucial for promoting grassroots democracy, accountability and sustainable development in Nigeria.

The Nigeria Police Force (NPF) is one of the most critical institutions responsible for maintaining law and order, protecting lives and property, and ensuring internal security. However, over the years, the Force has faced persistent allegations of power abuse, corruption, human rights violations, and institutional inefficiency. The aim of this research was to critically analyze the abuse of power by the Nigeria Police Force and assess the effectiveness of legal and institutional frameworks in preventing such abuses. The study examined the formation, historical evolution, and structural organization of the NPF, alongside its statutory powers, functions, and duties as defined under Nigerian law. By providing a foundational understanding of how the institution evolved, the research contextualized the systemic weaknesses that have contributed to recurrent cases of police misconduct across different regions in Nigeria. Through the doctrinal research methodology, the study analyzed relevant statutory and constitutional provisions governing police conduct in Nigeria, including the Police Act 2020, the 1999 Constitution (as amended), and other enabling laws. It further explored the nature, scope, and forms of police power abuse, such as extrajudicial killings, unlawful arrests, detention, and extortion. The research also investigated the root causes of these abuses, identifying factors such as inadequate oversight, poor training, weak disciplinary mechanisms, political interference, and institutional corruption. For comparative insight, the study briefly examined the policing systems in the United States, focusing on mechanisms of accountability, civilian oversight, and transparency to assess potential lessons applicable to the Nigerian context. The study also revealed that despite the existence of constitutional and institutional safeguards, the frameworks for regulating and monitoring police conduct in Nigeria remain largely ineffective. The absence of a robust accountability structure, combined with systemic corruption and political influence, has undermined public trust and encouraged a culture of impunity within the Force. The study recommended comprehensive reforms aimed at strengthening institutional accountability, enhancing human rights training, and ensuring the operational independence of oversight bodies such as the Police Service Commission and the National Human Rights Commission. It concluded that adopting a rights-based and institutionally accountable approach to policing would help restore public confidence and promote a more transparent, professional, and humane Nigeria Police Force

In Nigeria, there has been incessant abuse of its citizens’ rights by the Special Anti-robbery Squad(SARS) which led to popular EndSARS protest. SARS was controversial for its connection to extrajudicial killings,unlawful arrest, torture, lackmail, framing, extortuion, rape etc. Police brutality has resulted to resistance to police orders and activities by the citizens leading to legitimacy crisis.Victims of this harsh treatment are afraid to seek redress in court because they rarely receive justice. Even after the well-known ‘End SARS’ protest, citizens continue to complain about the police force's violent behavior. Moreover, the accused (police) often go free and are not apprehended for their crimes. This ongoing brutality has weakened the legal system and rendered it ineffective.The constitution of the Federal Republic of Nigeria, the Nigeria Police (Establishment)Act, international conventions, professional ethics and other statutes, regulate as well as constrain the use of force by police.Despite these regulations, the police in many societies resort to using extreme force beyond limits as permitted by law in discharging their duties and in the process grossly disregard of the rule of law. Hence,this work critically examines police brutality and the rule of law by assessing its legal framework, accountability mechanisms, and human rights implications resulting from the use of excessive force by the Nigeria Police Force. The research evaluates the effectiveness and sufficiency of existing laws in regulating police conduct and preventing human rights violations. Additionally, the study assesses the human rights consequences of police brutality, particularly violations of rights to life, liberty, dignity, and movement. Using doctrinal analysis, the research identifies institutional weaknesses that undermine adherence to the rule of law. The findings emphasize the importance of comprehensive reforms, better oversight, and increasing public trust to ensure lawful and accountable policing. The study ends with practical suggestions for enhancing accountability measures and safeguarding human rights within democratic governance.

This study critically examines the adoption of virtual court proceedings in Nigeria, focusing on their impact on the justice delivery system and the persistent issue of prison congestion. Triggered by the COVID-19 pandemic, virtual court proceedings emerged as a transformative response to judicial delays and infrastructural challenges. While Lagos State pioneered the implementation of virtual hearings, this study extends its scope to assess the broader national implications across different jurisdictions in Nigeria. It investigates whether the use of virtual platforms such as video conferencing and electronic filing has enhanced the speed, efficiency, and accessibility of criminal trials, particularly pre-trial remand cases, which are central to prison overpopulation in Nigeria. The study adopts the doctrinal research approach, combining an analysis of statutes, case law, policy documents, and judicial reports and secondary data from court and correctional institutions. It engages with legal theories such as Access to Justice, Legal Realism, and Procedural Justice to frame its findings within a strong theoretical context. Additionally, it explores comparative practices in countries like Kenya, India, and the United Kingdom to draw lessons relevant to Nigeria’s evolving judicial landscape. Ultimately, this study finds that virtual court proceedings offer a viable pathway to reducing case backlogs and pre-trial detention durations, thereby contributing to prison decongestion. However, it also identifies substantial limitations including technological disparities, constitutional concerns, and resistance from key stakeholders. The study concludes with practical recommendations on policy, legal reforms, and infrastructural investments needed to sustain virtual justice delivery and ensure equitable access to justice in Nigeria.

Early marriage remains a critical challenge in Northern Nigeria, where socio-cultural and religious norms often override national and international legal protections for the girl child. This research critically examines early marriage as a legal and social barrier to the right to education of the girl child, situating the issue within Nigeria’s constitutional framework and international obligations. Section 18 of the 1999 Constitution of the Federal Republic of Nigeria guarantees access to education, yet this right is frequently undermined by practices that prioritize marriage over schooling for girls. While the Child’s Rights Act 2003 prohibits child marriage, it has not been domesticated in many Northern states due to resistance rooted in customary and Islamic personal law. This legal pluralism has created gaps in enforcement, leaving many girls vulnerable. International treaties such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) obligate Nigeria to eliminate harmful practices and ensure equal access to education, but compliance has been inconsistent. This study adopts a doctrinal and socio-legal approach, combining legal analysis with empirical reports from NGOs and intergovernmental organizations. It argues that early marriage not only violates the girl child’s right to education but also entrenches cycles of poverty, illiteracy, and gender inequality. The paper concludes that without harmonizing domestic law with international standards and enhancing community-based education advocacy, efforts to combat early marriage will remain ineffective.

This study examined the societal implications of the criminalisation of abortion in Ugbowo Community, Benin Metropolis and also weighed the responses of the people on this legal standpoint, relying on the sociological jurisprudential theory of Law and the person-centred theory in Medicine. Using a mixed sampling technique and a descriptive cross-sectional research design, data were obtained from 221 community residents and workers, which include youths (students and non-students), medical practitioners, medical students, legal practitioners, traders and others all within the area of study. Descriptive findings showed high level of legal of awareness about the criminalisation of abortion in the community, with 87.3% correctly identifying abortion as criminalised in Nigeria. Despite this high awareness, most respondents argued that the current Laws are inadequate and ambiguous, therefore calling for liberalization. Respondents further recognized strong sociocultural influences, with 90.5% agreeing that cultural and religious factors shape community attitudes towards abortion practices. Therefore, even though many condemn it publicly, they procure it behind the scene and obviously, in the unsafe manner. Findings also revealed that criminalisation has significant societal and health implications. A combined 84.6% believed that restrictive Laws push women toward unsafe practices, while 80.2% associated criminalisation with broader social challenges such as single parenting, out-of-school children and socio-economic problems. Access to safe abortion and reproductive healthcare was perceived as substantially constrained by the abortion restrictive provisions, with 74.7% affirming that the Law prevents medical personnel from offering safe abortion which have been medically proven to be of little to no risk. Inferential statistics confirmed that legal awareness significantly influence societal responses about abortion discourse. It also confirmed that criminalisation significantly contributes to unsafe abortion practices and negative outcomes in the community, therefore access to safe abortion will significantly increase better health and well-being outcomes of women who procure abortion, and to achieve this, the Law needs to be liberalized. Medically-related findings were equally compelling. An overwhelming majority (91%) agreed that unsafe abortion contributes to maternal mortality and 94.6% affirmed that the health consequences of unsafe abortion are severe and long-lasting. Stakeholders’ perspectives analysis revealed significant gender differences in perspectives, meaning that men and women do not support abortion liberalization at the same rate while medical and legal practitioners showed no statistically significant differences in their views, meaning both groups broadly supported abortion liberalization. Overall, the findings demonstrated that criminalisation neither reduces abortion incidence nor protects women’s health, but instead increases underground procurement, unsafe practices and harmful social outcomes. The study recommends legal clarification especially for medical practitioners who are still uncertain about the extent of the Law, hence scared of legal repercussions, broadened indications for safe abortion beyond the exception of ‘to preserve the mother’s life’, strengthened reproductive health services, and evidence-based Law reform channeled towards the reality of the people.

Marriage is a fundamental institution recognized in both religious and secular legal systems. In Northern Nigeria, where Islamic law (Sharia) is widely practiced, the legal framework governing marriage is rooted in Islamic jurisprudence. This research investigates the application of Islamic legal principles regarding the age of marriage, the necessity and validity of consent, and the role of guardianship (wali) in marital contracts. The project seeks to analyze how these principles align or conflict with Nigerian statutory laws and international human rights standards, particularly regarding child protection and gender equality

The digital revolution has fundamentally transformed the landscape of evidence in legal
proceedings worldwide, with Nigeria taking a decisive step forward through the Evidence
(Amendment) Act 2023. This research examines the evolving role of digital evidence in
Nigerian courts, focusing on the critical issues of admissibility and credibility within the
framework of the newly amended Evidence Act. The study addresses the transformative
impact of sections 84A-84D, which revolutionized how electronic records, digital signatures,
and computer-generated documents are treated in judicial proceedings. Prior to the 2023
amendments, Nigerian courts grappled with significant challenges in authenticating and
admitting digital evidence under the restrictive provisions of Section 84 of the Evidence Act
2011. The landmark case of Atiku Abubakar v. Muhammadu Buhari exemplified these
challenges, where the Supreme Court struggled with the admissibility of electronic voting
records and server-generated data. This research investigates how the Evidence (Amendment)
Act 2023 addresses these longstanding issues while establishing new standards for digital
evidence credibility. The study employs doctrinal analysis, comparative jurisprudence, and
empirical research methodologies to examine the practical implications of Nigeria's
modernized digital evidence framework. Key findings reveal that while the 2023 amendments
significantly enhance the admissibility of electronic records, challenges remain in ensuring
credibility, particularly regarding authentication protocols and technical expertise
requirements within the judiciary. This research contributes to legal scholarship by providing
the first comprehensive analysis of Nigeria's reformed digital evidence regime, offering
practical guidance for legal practitioners, and proposing recommendations for effective
implementation of the new legislative framework.