DEPARTMENT OF LAW

This study critically examines the rights of Nigeria’s oil producing communities (OPCs), particularly those in the Niger Delta, within the framework of international law, domestic legal regimes, and Critical Legal Studies (CLS). It interrogates the historical, socio-economic, and environmental conditions surrounding oil extraction and highlights how colonial-era governance structures
established patterns of dispossession that continue to shape contemporary resource governance. The
research demonstrates that although Niger Delta communities satisfy internationally recognized criteria for indigeneity such as historical continuity, distinct cultural institutions, and a profound connection to ancestral lands they lack formal recognition under Nigerian law, leaving them vulnerable to systemic marginalization. Through an assessment of national laws, including the
Constitution, Petroleum Act, Minerals and Mining Act, NESREA Act, EIA Act, and institutional mechanisms such as the NDDC, NOSDRA, and NNPC, the study reveals pervasive enforcement gaps, weak regulatory oversight, and structural biases that favor state and corporate interests over community rights. The study further explores Nigeria’s partial engagement with international
instruments such as ILO Conventions and UNDRIP, showing how the absence of domestication limits their practical utility. A comparative review of Canadian jurisprudence illustrates how constitutional recognition and judicial activism can strengthen indigenous rights and resource governance. The study concludes that the Niger Delta’s plight reflects deep rooted legal and structural injustices embedded within Nigeria’s resource control framework. It calls for comprehensive reforms, including legal recognition of indigenous status, stronger environmental safeguards, mandatory Free, Prior and
Informed Consent (FPIC), institutional restructuring, and alignment with international standards to ensure environmental justice, equitable development, and protection of indigenous rights.

Hate speech refers to a wide range of utterances that encourage, provoke, legitimize, or support animosity, violence, prejudice or discrimination against an individual or a group of individuals on the basis of gender, race or ethnicity. Hate speech poses serious risks to the rule of law, the preservation of human rights, and the fabric of a democratic society. Also, it can result in larger-scale acts of violence and conflict if not addressed like mass killings or even genocide the “crime of all crimes”. The aim of this study is to identify how hate speech can be regulated in Nigeria as well as to sensitize the populace on the differences between freedom of expression and hate speech. The objectives of this work are to ascertain legislation that could regulate the occurrence of hate speech in Nigeria, to study the legislation on hate speech in other jurisdictions while identifying the best approaches and practices that could improve Nigeria’s position on the regulation of hate speeches. This study also identifies the meaning of hate speech and distinguish it from freedom of expression. In the course of this work reliance was made solely on primary and secondary sources. This method is generally referred to as the doctrinal approach also known as the library- based research method. This approach makes use of predominantly written works. The primary sources used were the constitution of the Federal Republic of Nigeria, laws of international bodies, case laws and treaties.

This project examines the potency of the doctrine of stare decisis and the binding force of precedent in Nigeria’s legal system. It uses the twin Supreme Court decisions in Benjamin v
Kalio and Abdullahi v Adetutu as focal case studies. The doctrine of stare decisis mandates that lower courts follow decisions of superior courts, and that courts generally adhere to their own past rulings, fostering consistency, predictability, and fairness in adjudication. Nigeria has a very complex legal system and slow litigation process which is mixed up with the issue of judicial interpretation of statutes. It has become very important for our laws to be certain and also for
uniformity in interpretation of statutes to avoid miscarriage of justice. Having a complex legal system also requires well mapped out rules and principles mostly in areas involving land and conveyance which must be strictly adhered to when similar situations occur in order to ensure certainty. There is need to fill up the gap created by Land Use Act and the various Land
Instrument Registration Law of various states. The LIRL of various States have been subject to numerous interpretations in a plethora of cases involving land dispute and ownership of land. We need to dive into the mischief rule to fully understand the purpose of the statute. The main objective of this study is to dive into the substantive aspect of the law, the judicial interpretation of the statutes and the need for similar cases to follow similar rulings except they are explicitly distinguished from each other. Data will be generated from law reports and similar cases and will be subjected to rigorous analysis to fully get the true objective and purpose of the law as regards to ownership of land and conveyance to instill uniformity in interpretation. The analysis will reveal the gap in the law as regards judicial interpretation in land disputes and also proffer solutions and remedies to salvage the never ending saga involving land disputes. This study will bring to light abnormalities in judicial interpretation of similar statutes and break down the importance of distinguishing or pronouncing that a previous decision was reached per incurian before laying down a new principle.

The Right to freedom from discrimination is a Fundamental Human Right world over, of which Nigeria is subscribed to observe in her laws as a democratic and civilized state. This freedom from any form of deprivation or stigmatization based on sex, religion, ethnicity, circumstances of birth, political opinion and other such related bases is protected in Nigeria’s Constitution, various state provisions and policy documents and International pacts. However, the reality in practice in the try today portrays a wide drift from the provisions of the law in such aspects as political appointments, trade and business ease, work modalities, Farmer- Herder relations and attendant crisis, state of origin, Indigene-Settler question, Quota system practice, and such other manifestations of different levels of discrimination. Also in issue is the contradiction of some state practices and federal policies against the constitution and perhaps, the constitution against itself

Election as a democratic instrument is a means to an end. The import of this statement is that in a democratic society like Nigeria, the people express their ability to elect the candidate of their choice from competing political parties in an election. This is in tandem with Abraham Lincoln's perception of democracy, as a government of the people, by the people and for the people. The aim and objective of this essay is to examine the electoral system in the democratic republic of Nigeria, in the context of
persistent electoral malpractices, and challenges to result credibility. The study particularly emphasizes the weaknesses of traditional voting process used in Nigeria, against the background of technological models in digitize democracies in contemporary times. As a case study, this essay examines the 2023 Presidential election in light of the allegations of vote manipulation, delays in casting votes, challenges in the transmission of election result by the commission (INEC), and other electoral discrepancies manifested in the election. This essay uses a doctrinal research methodology, by analyzing primary sources like the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2022, court judgments from election petitions, and other sources like INEC regulations, articles in newspapers, articles in journals, statistical reports, blogs and other periodicals. Furthermore, it undertakes a comparative analysis of technological models adopted in elections in Nigeria, against the backdrop of other jurisdictions like Estonia, and Namibia. It identifies specific gaps in the Electoral Act 2022, regarding the use of electoral technology, its regulations and the discretion given to the Independent National Electoral Commission (INEC), in the deployment of said technology. Thus, the study concludes by proffering viable recommendations for the legal, technological, and institutional reforms, aimed at strengthening Nigeria's electoral processes and enhancing public trust in election outcomes.

Disability based on the definition of the medical model is a physical or mental condition that limits a person’s movements, senses, or activities. It is an umbrella term covering impairments, activity limitations and participation restrictions. This model views disability as a physical or mental issue which must be treated and cured. Also, the United Nations Convention on Rights of Persons with Disabilities (CRPD), 2006, took a different approach in determining what disability is. Accordingly, the CRPD approached disability from the aspect of human rights; recognising PWDs as right holders and their impairment should not be used as a justification for denial or restriction of their human rights. The World Health Organization (W.H.O) in its World Report on Disability, 2010, shows that PWDs have poorer health outcomes, lower educational achievements, less economic participation, and higher rate of poverty than their counterparts who are without disabilities. These outcomes are partly as a result of the fact that PWDs experience barriers in accessing certain basic services which they are entitledto; such as healthcare, education, employment, transportation as well as information. These difficulties are even worse for PWDs in poor or less advantaged communities. This essay examined the right to employment of PWDs as a means of ensuring that they achieve economic and financial independence; thereby assisting them to reach their full potentials. In this regard, there are international and national legislations and policy frameworks with provisions that safeguard the general rights of PWDs in Nigeria. Pertinent questions as to the efficacy, compliance, and implementation of the existing legal frameworks, as well as issues that pose as challenges to the rights of PWDs were examined and the essay finds that the rights of PWDs, especially their right to employment has not been effectively implemented in Nigeria and that more realistic efforts has to be made to see that the rights of PWDs are safeguarded.

Succinctly, adoption is the legal process of extricating a child from their natural/biological
descent, and vesting them into the care/guardianship of another parent(s). In the Nigerian society, child-bearing is the hallmark of marriage, resulting in a social expectation of fruitfulness of married couples. Couples who are unable to bear children, or to the desired number, or unable to have the desired gender, couples often resort to the practice of adoption. The ensuing result is that the adopted child (adoptee) acquires a new family and parentage, distinct from his biological lineage. The process of adoption extinguishes all claims, rights and entitlements of the adoptee flowing from his biological descent. Ideally, it also earns him/her the legal status of a fullfledged child in his adopted family, with all the accompanying benefits. However, more often than not, the foregoing assertions are not practical. Adopted children are deprived of certain rights that should ordinarily enure to them, especially under customary law. Such discriminatory practice undermines section 42(2) of the 1999 Constitution (as amended). It also erodes the utility of the practice of adoption as a viable alternative to human trafficking and ‘baby-selling’. Hence, this long essay investigated the succession rights of adopted children in Nigeria. To do so, the study examined the avalanche of legal frameworks outlining the rights of children in Nigeria, as well as the position of customary law on the subject. Further, we critically examined the practice of adoption in Nigeria vis-à-vis the practice of adoption in neighboring jurisdictions. It was found that there is judicial ambivalence over the succession rights of adopted children in Nigeria, and this study recommends urgent legislative reform, as well as judicial activism, to protect the succession rights of adopted children.

Analysis of electronic evidence is becoming increasingly important to the investigation and
prosecution of criminal offences as well as in civil cases. Electronically generated evidence in this context includes digitally signed documents and any print out or output readable by sight or other means which accurately reflects the electronic data message or electronic document. It could also include electronically stored information. The authenticity of electronic documents has always been debatable considering how prone they are to be tampered with. The admissibility and relevance of such evidence to the facts in issue lies on the decision ofthe Court after applying the provisions in the Evidence Act 2011. This study seeks to critically appraise the admissibility and relevance of electronic evidence in Nigeria. It also seeks to given substantial explanation and definitions to related terms including evidence, facts, and facts in issue, documents, electronic evidence, admissibility and relevancy. It also provides an overview of documentary evidence. Advancement in science and technology makes it paramount for legal practitioners to be proficient in electronic evidence. This study provides a scholarly contribution to the surface knowledge on the admissibility of electronically generated evidence in legal proceedings in Nigeria. It also gives an edge in providing further findings on other jurisdictions without leaving out the issues associated with electronic evidence

Intimate partner abuse (IPA) is a serious and persistent problem in Nigeria, deeply rooted in social, cultural, and legal contexts. Despite existing laws and institutions designed to protect victims, IPA continues to affect countless individuals, particularly women, revealing significant gaps between legal provisions and their implementation. This study examines Nigeria’s legal and institutional framework for addressing IPA, considering both domestic laws, such as the Violence Against Persons (Prohibition) Act 2015 and international and regional instruments, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights. Comparative insights from other countries’ approaches to IPA are also explored to identify best practices and lessons for Nigeria. The research highlights persistent challenges, such as weak enforcement, inadequate coordination among institutions, limited victim support services, and societal stigma, all of which undermine the effectiveness of legal protections. Through case studies, including the widely publicized Osinachi Nwachukwu case, the study illustrates the real-life consequences of these systemic weaknesses and the urgent need for reform. The findings suggest that addressing IPA in Nigeria requires more than legislation; it demands public education, capacity building for law enforcement and the judiciary, community engagement to challenge harmful gender norms, and enhanced support services for survivors. By situating Nigeria’s experience within the broader international context, the study demonstrates that meaningful progress against IPA depends on a combination of legal, institutional, and cultural interventions. The research concludes with practical recommendations aimed at strengthening both protection and prevention measures, ensuring that victims receive justice, and fostering a society where intimate partner abuse is no longer tolerated.

This research project critically examines the profound conflict within Nigerian law between the absolute criminalization of euthanasia, grounded in the State's constitutional duty to protect life under Section 33 of the 1999 Constitution, and fundamental human rights guarantees, particularly the right to dignity enshrined in Section 34. It argues that the current legal framework, crystallized in Section 311 of the Criminal Code Act and Section 220 of the Penal Code, which categorizes any act of euthanasia as murder irrespective of patient consent or unbearable suffering, creates a significant human rights deficit by potentially compelling individuals to endure degrading terminal agony against their will. Through a doctrinal legal methodology employing analytical, comparative, and descriptive methods, the study dissects Nigeria's criminalization rationale, evaluates its tension with constitutional and international human rights obligations (ICCPR, African Charter), and analyses judicial attitudes revealed
in pertinent case law, which consistently uphold the sanctity of life but acknowledge underlying ethical dilemmas. Comparative analysis of regulated euthanasia models in the Netherlands, Belgium, and Canada identifies key lessons regarding balancing autonomy with safeguards. Synthesizing these insights, the study proposes a tailored framework for potential decriminalization in Nigeria. This framework advocates for specific legislative reforms, stringent institutional safeguards (including rigorous assessment of competence, voluntariness, suffering, and prognosis), and clear mechanisms to balance individual rights to
dignity and autonomy with the State's enduring duty to protect life and prevent abuse. The research concludes that reconciling criminal liability with human rights considerations is both necessary and feasible through carefully crafted regulation, offering a pathway to alleviate unbearable suffering while respecting Nigeria's legal traditions and societal values. It contributes original analysis to Nigerian legal scholarship on this underexplored rights conflict and provides concrete recommendations for legal reform, policy development, and further research.