DEPARTMENT OF LAW

The concept of same-sex marriage in recent times is one of the recurrent controversial issues universally, and this is especially so with its criminalization in some countries. It is not a new phenomenon. There are conflicting views on same sex relationships and nations of the world are at disparity on this score. With the passage of time, it is glaring that the law is being influenced as a result of growth and development of science. A controversial issue in the argument on same sex marriage in Nigeria is whether marriages between people of the same gender is foreign to Nigerian culture and tradition. The traditional marriage system in Nigeria has been particularly challenged by the rising visibility of same-sex relationships and marriages. Nigeria does not recognize or accept same sex relationships and this decision by the legislature is hinged on moral, religious and traditional values and the country has established this by passing the Same Sex Marriage (Prohibition) Act (SSMPA) 2014 into law. This law prohibiting same sex marriages and civil unions has been criticized by some of the international community on grounds that same sex activities are considered acts between two consenting adults as purely private affairs and ought not to be the state’s concern. A major question that arose with the implementation of the SSMPA was whether the new legislation would infringe the rights of the Lesbian, Gay, Bisexual and Transgenders (LGBTs) and in extension, the Nigerian Constitution which safeguards the rights of citizens. In light of the foregoing, this study examines the legality and framework of the anti-gay law in Nigeria and seeks to establish the impact same sex unions have on Nigerian culture, morals and the value system as a whole due to the fact that Nigeria is a highly moralist state

Nigeria operates a plural legal system where statutory, customary, and Islamic laws coexist. Among these, the Igiogbe principle an inheritance rule under Benin customary law—stands out for its deeply rooted tradition that allows only the first male child to inherit the principal residence (the Igiogbe) of a deceased father. This practice, while long accepted within the Benin culture, raises serious legal and human rights concerns, particularly regarding its discriminatory impact on women. Female children and widows are excluded from inheriting the Igiogbe simply because of their gender, despite constitutional guarantees of equality under Section 42 of the 1999 Constitution, and international conventions such as CEDAW and the African Charter on Human and Peoples’ Rights, which Nigeria has ratified. This study examines the Igiogbe system, its legal basis, and how it clashes with statutory provisions and modern human rights standards. Using doctrinal research methods, it reviews case law, scholarly writings, and legal instruments to analyze how this customary rule undermines women’s rights to property and economic empowerment. The research finds that, although courts have begun to address some of these issues, enforcement is still weak, and customary norms remain strongly upheld in many communities. The study concludes that genuine reform must include stronger judicial interpretation, legislative change, and public awareness campaigns. More importantly, traditional institutions must be engaged to evolve the practice in a way that respects culture without violating the rights of women. This work contributes to the call for a more inclusive and just inheritance system that aligns with constitutional values and contemporary realities.

One function of law in any society is to regulate social conduct and behaviour. And beyond this, law helps to shape social values and transform societal norms to conform with what is just and acceptable. The Nigerian law of succession has undergone a really slow process of achieving this social change. Aside statutes and Islamic law on succession which provide a fair system of succession to a deceased’s intestate estate, customary law of succession still retains its long-standing prejudice and discriminatory practices which the courts only recently, have begun to discountenance making commendable efforts to uphold justice instead. Meanwhile this intervention is limited in its impact as it only applies to parties who come to the court seeking justice, but then not many cases come before the court. What makes this even more worrisome is that despite the usefulness of statutory and Islamic laws that have dissociated from these discriminatory practices and which adequately provide for spouses, in reality succession in Nigeria automatically reverts to customary law, or a similar outcome of discrimination and disentitling of rightful beneficiaries as the case under customary law. This is due to a number of factors, one of which is lack of enforcement measures for these laws. All these will be discussed in this long essay as well as a breakdown and comparative analysis of these succession laws vis-à-vis the standard established by the Constitution and other international instruments relevant to this discourse. In the end, this essay would proffer solutions to the aforementioned problems and weaknesses in the law for enhanced and effective protection of the rights of spouses in succession matters in Nigeria.

The Violence Against Persons Prohibition Act (VAPP Act) of 2015 is a critical legislative framework in Nigeria aimed at advancing women's rights and combating gender-based violence (GBV). This study evaluates the effectiveness of the VAPP Act in addressing the pervasive issue of GBV, which remains a significant concern in Nigeria despite the Act's enactment. The research explores the Act's contributions, including its expansive definition of rape, prohibition of harmful traditional practices, and provisions for victim support and offender punishment. However, it identifies several challenges hindering the Act's full potential, such as slow domestication in states, cultural resistance, inadequate public awareness, and systemic issues within the judicial process. The study utilizes a doctrinal research approach, drawing on both primary and secondary legal sources, to provide a comprehensive analysis of the Act's legal and institutional frameworks. Through a critical examination of case studies and comparative analysis with international legal standards, the study highlights both the successes and shortcomings of the VAPP Act. Ultimately, it offers recommendations to enhance the Act's impact, emphasizing the need for robust enforcement, increased awareness, and legal reforms to ensure better protection of women's rights and more effective combat against GBV in Nigeria.

The Constitutional and Political development of Nigeria from Independence till date has been intertwined with the quest for the promotion and protection of Fundamental Rights in various constitutions. There has been a sustained struggle for the protection of human rights ofindividuals, groups and communities in Nigeria. Fundamental Rights are those aspects of human rights which have been recognized and entrenched in the Constitution. Fundamental Rights are provided for in Chapter IV of the
Constitution of Nigeria, 1999 (as amended). They are also recognized and entrenched in other legal instruments, such as the African Charter on Human and People’s Right to which Nigeria is a signatory to. These Fundamental rights are not privileges in the sense that they could be withdrawn at the whims and caprices of the government of the day. They are rights which the
Executive and Legislature are enjoined to respect and the Judiciary to protect. However, there are instances of violation of these rights. Furthermore, where there are breaches of these rights, the appropriate means to facilitate the enforcement of the victim’s Fundamental Right is important. It is against this background that the Fundamental Rights (Enforcement Procedure) Rules, signed in November 11, 2009 by the then Chief Justice Idris Legbokutigi, was enacted. While these formalistic approaches can easily be mentioned, the same cannot be said of the actual implementation of mechanisms designed to facilitate the realization of basic Fundamental Rights. This is because there is a gulf between pronouncements of respect for Human Rights and their actual implementation. The explanation for this appears to be that there still exists, a number of substantive and procedural obstacles or impediments that not only inhibit the actual implementation of such measures, but preclude the masses in general from
having access to Justice in Nigeria.

While Artificial intelligence has vast uses that is ubiquitous and indispensable in our everyday life, a popular use in recent times is the generation of works of intellectual property ranging from literary works, musical works to audio-visual works. This study explores the
challenges that surface from this intersection between Artificial Intelligence and intellectual property. There are two major issues that arise as regards these works created by Generative Artificial Intelligence systems. The first issue this study addresses is whether text data mining of copyright works used as training data for the development of Generative Artificial Intelligence systems, to create works of intellectual property without license from the holders
of the copyrights, amounts to copyright infringement. To achieve this, a brief explanation of how text data mining works was given, the defence of fair use was examined with reference to relevant case laws and an appraisal of the legal framework in Nigeria as well as in other
jurisdictions on the subject, with a view of considering the possibility of formulating policies that will protect the rights of copyright holders without stifling the development of Artificial Intelligence in Nigeria. The second issue addressed is whether works created by Generative
Artificial Intelligence can be subjects of copyright. This was done by juxtaposing and critically examining the concepts of authorship and ownership, the position of the law on the legal personality of Artificial Intelligence and the prospects of conferring Artificial Intelligence with legal personality and enforcement of the rights that may be so bestowed to Artificial Intelligence in Nigeria.

On 4th October, 1957 the Soviet Union launched the world's first artificialsatellite, Sputnik 1.The United States of America followed by successfully launching its own satellite in 1958. Since then, satellites providing services in different fields ranging from scientific and research, earth observation, global communication services, Global Positioning Systems (GPS) services, banking services e.t.c. At the early stage of the development of space activities, there was a consensus amongst States that the outer space should be for the use and benefit of all States, to to avoid issue of a possible arms race in space in the future. This general understanding culminated in United Nations (U.N.) Outer Space Treaty, 1967, which provides that the exploration and use of outer space, including the moon and other celestial bodies shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind. The Treaty further provides that States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space. While satellites have become very useful for many civilian services, the fact that they can also serve military purposes, has led to the issue of possible militarization of the outer space. The recent development of Anti-Satellites (ASAT) and other weapons by states, is posing a threat to the security of space assets. There is now the view that an arms race may soon be underway, since existing treaties did not impose a ban on use of other conventional weapons in space. The United States has in the past opposed the development of a new legal regime, since that may place some kind of restrictions on its activites in space. However, because of the vulnerability of of space assets, United States and France are taking steps to contemplating establish Space Command Force to protect their national interests. These devepment has led the United Nations General Assembly to express concern that there had been insufficient progress in recommending ways to prevent militarization in outer space. This thesis discusses the concept of the militarization of outer space from the perspective of the Outer Space Treaty 1967, issues arising therefrom and legal implication for the security of satellite systems and other space assets, and concludes that the current international space treaties provides insufficient safeguards against the militarization and weaponisation of outer space and made useful suggestions in this regard

The concept of same-sex marriage in recent times is one of the recurrent controversial issues universally, and this is especially so with its criminalization in some countries. It is not a new phenomenon. There are conflicting views on same sex relationships and nations of the world are at disparity on this score. With the passage of time, it is glaring that the law is being influenced as a result of growth and development of science. A controversial issue in the argument on same sex marriage in Nigeria is whether marriages between people of the same gender is foreign to Nigerian culture and tradition. The traditional marriage system in Nigeria has been particularly challenged by the rising visibility of same-sex relationships and marriages. Nigeria does not recognize or accept same sex relationships and this decision by the legislature is hinged on moral, religious and traditional values and the country has established this by passing the Same Sex Marriage (Prohibition) Act (SSMPA) 2014 into law. This law prohibiting same sex marriages and civil unions has been criticized by some of the international community on grounthat same sex activities are
considered acts between two consenting adults as purely private affairs and ought not to be the
state’s concern. A major question that arose with the implementation of the SSMPA was whetherthe new legislation would infringe the rights of the Lesbian, Gay, Bisexual and Transgenders(LGBTs) and in extension, the Nigerian Constitution which safeguards the rights of citizens. In light of the foregoing, this study examines the legality and framework of the anti-gay law inNigeria and seeks to establish the impact same sex unions have on Nigerian culture, morals andthe value system as a whole due to the fact that Nigeria is a highly moralist state.

This study explored the concept of renewable marriage contracts as a promising legal reform to address the challenges of traditional marriage and divorce systems, with a focus on the Nigerian context. Traditional views of marriage as a lifelong and
irrevocable commitment are increasingly questioned due to rising divorce rates and changing social values. Renewable marriage contracts offer a flexible fixed-term arrangement allowing couples to periodically reassess and renew their marital commitments, thus reducing the social, emotional, and economic costs of divorce. This study critically examines the legal principles underpinning this model and its compatibility with existing family laws. In Nigeria, the single most populous country in Africa, marriage is culturally and religiously regarded as sacred and permanent, with divorce carrying stigmatization and significant procedural burdens, especially for women. Despite this, increasing marital incompatibility and domestic violence highlight the need for alternative frameworks. The research utilizes doctrinal, comparative, and socio-legal analysis to evaluate the feasibility, benefits, and
challenges of renewable marriage contracts in Nigeria

Since the discovery of crude oil in Nigeria in 1956 and the commencement of commercial production in 1958, the country has remained heavily reliant on its oil and gas sec tor. With vast hydrocarbon reserves, Nigeria ranks among the top ten global crude oil exporters. However, one of the most persistent threats to the industry and the environment remains oil spillage. Decades of spills have caused extensive ecological degradation, economic setbacks, and social unrest, particularly in oil-producing communities. In response, the Nigerian government has enacted multiple legislative and regulatory frameworks, including the National Oil Spill Detection and Response Agency (NOSDRA) Act (2006), the Oil in Navigable Waters Act (1968), and the Environmental Guidelines and Standards for the Petroleum Industry in Nigeria (EGASPIN), among others. These are supported by constitutional provisions and broader environmental regulations. Despite these efforts, oil spill management in Nigeria still lags behind global best practices. The key challenges include weak enforcement mechanisms, inadequate penalties and incentives, poor inter- agency coordination, lack of state-level engagement, and minimal collaboration with private and international actors. Additionally, the failure to adopt digital monitoring systems and realtime data analytics, which are now standard in global oil spill response protocols, continues to hinder transparency and responsiveness. This study explores the regulatory gaps in Nigeria’s oil spill legislation through a comparative analysis with selected North American and African countries; specifically, United States of America, Canada and Angola. It evaluates how these countries have modernized their legal, institutional, and technological frameworks to manage oil pollution effectively. The research offers evidence-based recommendations aimed at harmonizing Nigeria’s regulatory legislation with emerging global trends, such as decabonization, environmental accountability, corporate social responsibility, and stak holder-inclusive governance.