DEPARTMENT OF LAW

This study examines the Use of Force in Public International Law, the prohibition of the use of force as provided for in Article 2(4) of the United Nations Charter and the exceptions to the use of force as provided for in Article 51 of the Charter. It also examines the non-state actors— Hezbollah’s and Houthi’s attacks against the State of Israel, the unwillingness of the Governments of Lebanon, Syria and Yemen to address those attacks, and the State of Israel’s right to self-defense which includes preemptive strikes and preventive strategies with focus on the State of Israel’s legitimate rights to resort to the use of armed force guaranteed by the principle of jus ad bellum. The significance of the Caroline Test in Customary International Law, the Bethlehem Principles, and state practice as justifications for the State of Israel’s anticipatory/preemptive attacks against Lebanon, Yemen and the Islamic Republic of Iran. By carefully examining the fundamental principles provided for in the United Nations Charter and customary international law, this study aims to explore the key requirements that must be satisfied before a given state can legally resort to anticipatory/preemptive self-defense. The concept of anticipatory/preemptive self-defense under Public International Law has always been contentious and controversial, however, in the aftermath of the terrorists’ attacks of September 11, 2001, the principle has become even more controversial, as the US President, Bush adopted a new national security strategy. Consequently, the Bush administration contended that the United States “must adapt the concept of imminent threat to the capabilities and objectives of today’s adversaries… the greater the threat, the greater is the risk of inaction—and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy’s attack.” 1The debate as to whether anticipatory/preemptive self-defense is legally justified is largely dependent on the understanding of the contemporary dynamics of Public International Law, as there has been a clear shift from what was obtainable at the Charter was adopted. There is absolutely no doubt that the resort to anticipatory/preemptive military action without a corresponding imminent threat is unlawful and unjustified, however, if the extant legal framework as provided for by the United Nations Charter does no longer precisely reflect the current Public International Law, then it would be argued that resort to anticipatory/preemptive self-defense may, in fact be lawful, though politically unwise.2The focus of this study is to evaluate through doctrinal legal research, analysis of critical international jurisprudence, state practice, and the analysis of case study the extent to which the State of Israel’s anticipatory/preemptive self-defense complies with the well-established rules of Public International Law as it pertains to international peace and security which are fundamental to the objectives of the United Nations Charter. Further, it critically examines the doctrine of anticipatory/preemptive use of force against the backdrops of contemporary threats of the acquisition of nuclear weapons, terrorism, proxy warfare, drone and missile attacks.

Adverse Drug Reactions (ADRs) pose a significant public health challenge in Nigeria, contributing to increased morbidity, mortality, and weakened trust in the pharmaceutical and health care systems. Despite the crucial role of pharmaco-vigilance in identifying, assessing, and preventing drug-related harm, ADR reporting in Nigeria remains profoundly inadequate due to low awareness, insufficient training of health professionals, weak regulatory enforcement, systemic corruption, and poor reporting infrastructure. Pharmaceutical companies are legally obligated to ensure drug safety; however, gaps in Nigeria’s legal and regulatory frameworks hinder effective accountability when ADRs occur. Although the National Agency for Food and Drug Administration and Control (NAFDAC) and the Federal Competition and Consumer Protection Act (FCCPA) provide statutory safeguards for drug regulation and consumer protection, enforcement challenges persist, enabling substandard, adulterated, or counterfeit drugs to penetrate the market. This research examines the liability of pharmaceutical companies under Nigerian law in relation to ADRs, focusing on the statutory, institutional, and legal mechanisms designed to protect consumers. It explores negligence, product liability, and strict liability principles, highlighting obstacles that prevent victims from seeking legal redress. The study further evaluates the pharmaco-vigilance system in Nigeria, assessing barriers such as inadequate funding, lack of skilled manpower, limited public awareness, and poor inter-agency collaboration. Through doctrinal analysis of legislation, case law, and scholarly sources, the research identifies critical deficiencies in drug safety oversight and calls for reforms to strengthen pharmaco- vigilance, enhance legal accountability, and improve patient protection. The findings underscore the need for a more effective regulatory framework to ensure drug safety, foster transparency, and uphold the rights of consumers within Nigeria’s pharmaceutical sector.

The security of land titles in Nigeria has long been a critical challenge, with issues such as fraudulent transactions, multiple claims to the same land, and inefficiencies in the registration process undermining investor confidence and economic development. Despite the existence of statutory frameworks like the Land Use Act 1978 and various state land laws, these challenges persist, often due to bureaucratic delays, inadequate record-keeping, and limited integration of modern technologies in land administration. This study aims to appraise the role of technology, particularly digital registration systems and emerging tools like blockchain and Geographic Information Systems (GIS), in enhancing the security of land titles in Nigeria. It seeks to identify how technological interventions can improve transparency, reduce fraud, facilitate efficient land transactions, and strengthen the protection of private and customary land interests. A doctrinal research methodology was employed, involving an extensive review of primary legal sources, including the Constitution, Land Use Act, relevant state land laws, and judicial decisions, complemented by secondary sources such as scholarly articles, policy documents, and case studies. Comparative insights from other jurisdictions, including Ghana and the United Kingdom, were also incorporated to contextualize the Nigerian experience. The findings reveal that technology-driven initiatives, such as digital land registries and electronic issuance of certificates of occupancy, have significantly improved record accuracy, accessibility, and verification processes. Blockchain and GIS applications offer additional opportunities to secure land records against manipulation, ensure traceability of transactions, and integrate spatial and ownership data for effective land management. However, challenges such as limited technical capacity, infrastructure constraints, and resistance to change remain barriers to full adoption. The study concludes that integrating technology into land administration in Nigeria holds substantial promise for enhancing title security, promoting investor confidence, and supporting sustainable land governance. It recommends that federal and state governments prioritize digital reforms, develop supportive legal frameworks for blockchain adoption, and provide capacity-building programs for land administration officials to fully realize these benefits.

The issue of mental capacity as a determinant for legal responsibility and validity has given rise to various judicial precedents and scholarly discourse within the Nigerian Legal system. Recurrently, the courts have been tasked with determining cases where the mental health of an individual is central to the case. This occurs whether in respect of assessing criminal or tortious liability or enforcing contracts. In criminal matters the argument espoused is the incapacity of an individual to form the intention necessary for the offence committed. Whereas, in contract law a person may seek to invalidate an agreement by claiming that at the time of the formation of the contract, they lacked the requisite mental capacity to understand and consider the consequences of the contractual agreement. Therefore, this study majorly examines : what legal effect mental capacity has with regards to criminal responsibility and contractual reliability respectively? What is the legislative framework in place for mental health care in Nigeria ? And lastly how effective are these legislative frameworks in relation to global mental health care standards? The rationale for modern interpretation is based on the constitutional rights of fair hearing, protection of human dignity and freedom from discrimination as provided by section 36, 34 and 42 respectively of the Constitution of the Federal Republic of Nigeria as (amended). In addition, the provision of section 17(3) of the Constitution of the Federal Republic of Nigeria (as amended), which vests the state with the duty of providing proper health care and health care facilities for individuals in Nigeria. The finding in this study shows that although laws have been enacted to cater for treatment and care of persons with mental disorders and incapacity in Nigeria, such laws do not fully cater for their rights and to a large extent does not align with modern international standards for mental health care.

The rapid expansion of digital technology has transformed traditional concepts of contract formation, execution, and enforcement. In Nigeria, digital contracts—ranging from online agreements and e-commerce transactions to fintech-based service contracts—have become increasingly common. However, despite their widespread use, the legal framework governing these electronic agreements remains fragmented and insufficiently developed. This thesis critically examines the legal challenges and emerging opportunities associated with regulating digital contracts in Nigeria. The study evaluates key statutes such as the Evidence Act 2011, the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015, and the pending Electronic Transactions Bill, highlighting gaps in their capacity to address issues such as electronic signatures, admissibility of electronic evidence, jurisdictional complexities, automated contracting, and data protection. Using a doctrinal research methodology, the work draws on primary legislation, judicial decisions, scholarly writings, and comparative legal standards from jurisdictions such as the European Union and the United States. The findings reveal that while Nigerian law recognises electronic evidence and signatures to an extent, significant uncertainties persist in areas such as enforceability, consumer protection, and cross-border digital transactions. The absence of a comprehensive and consolidated statute on digital contracting continues to undermine legal certainty and trust in Nigeria’s digital economy. Nevertheless, the study identifies opportunities for Nigeria to strengthen its regulatory landscape through legislative reform, harmonisation with international best practices, and institutional capacity-building. The thesis concludes that modernising Nigeria’s digital contract framework is essential to promoting commercial growth, safeguarding consumer rights, and ensuring Nigeria’s competitiveness in the global digital marketplace. It recommends the enactment of a robust Electronic Transactions Act, clearer judicial guidelines on electronic evidence, improved data protection mechanisms, and increased public awareness on digital rights and obligations. These reforms, if implemented, will enhance legal predictability and support Nigeria’s transition toward a fully digitised commercial environment.

According to Black’s Law Dictionary, police brutality refers to the use of excessive
and/or unnecessary force by the police in dealing with civilians.1 This misconduct may
take different forms, including physical violence, harassment, intimidation, or other
abuses of power. The term is often used broadly to describe a range of human rights
violations such as beatings, racial abuse, unlawful killings, torture, and the
indiscriminate use of riot-control measures against peaceful protesters.2
In Nigeria, police brutality has become one of the most pressing human rights concerns.
Instances of extrajudicial killings, torture, unlawful detention, and harassment are
widespread, despite the existence of constitutional guarantees and legal frameworks
regulating police conduct. The victims are often ordinary citizens, particularly young
people, who lack the resources to seek redress.
Globally, police violence is not unique to Nigeria. In the United States, for example, The
Washington Post database records that 892 people were shot and killed by the police in
2016, though this figure had to be compiled from media reports, public records, and
social media posts due to weak official recordkeeping.3 Such gaps in transparency are
themselves a form of injustice. High-profile cases such as the killing of George Floyd in
May 2020 by Minnesota police officer Derek Chauvin sparked international outrage and
mass protests against police brutality.

Humans are fickle and their actions even more wobbling by the transient nature of the world. Ergo, their acts are regulated by laws, short of these laws, their acts become an abnormality to society- crimes! And in the world of criminal law culpability and compassion must intersect for justice to be done as well as seen done. Accordingly, this research rigorously examines the intertwined doctrines of excuse and justification as defences within Nigerian criminal law, illuminating their pivotal role in balancing societal order with individual autonomy. Framed within the complexities of Nigeria’s plural legal system, The Architecture of Excuse and Justification explores how the law, stern yet humane, negotiates the delicate equilibrium between societal order and individual autonomy. A novel inquiry in the Nigerian Criminal law sphere! Justification, on the one hand as examined, sanctifies conduct deemed necessary or right in its circumstances albeit in self-defence, defence of property or lawful correction, each showing the law’s pragmatic embrace of moral duty and public good. Excuse, on the other hand, humbles the majesty of law before the frailty of the human spirit, excusing acts wrought by insanity, provocation, duress, or honest mistake, where culpability wanes though wrong remains. This work is pivotal as it exposes doctrinal ambiguities, statutory inconsistencies, and judicial challenges in clearly delineating these defences, further complicated by cultural, religious, and pluralistic influences that shape application and interpretation. Drawing on comparative perspectives from multiple jurisprudence, the study posits that Nigeria’s criminal law must evolve through comprehensive codification, enhanced judicial training, and institutional support. It reaffirms the law’s highest calling to punish with justice, to excuse with reason, and to justify with conscience. Ultimately, this work contends that the vitality of criminal law depends not only on punishing the guilty but on understanding why and when it must refrain

Prostitution is commonly described in doctrinal literature as a prototypical “victimless crime”; a consensual exchange between adults that, on its face, harms no third party. Yet, in contexts marked by poverty, gender inequality and organised trafficking, the victimless label may obscure the exploitation, coercion and public-health harms surrounding commercial sex.

This study critically examines the impact of prostitution‟s criminalisation through the lens of the Edo State Trafficking in Persons (Prohibition) Law 2018. The analysis proceeds in three stages. First, conceptual and theoretical groundwork distinguishes „victimless crimes‟ from offences that produce direct victims; the study positions natural law, Mill‟s harm principle and sociological theory as competing frameworks for normative evaluation. Second, the paper evaluates the 2018 Law alongside the Edo State Criminal Law, the Criminal Code, the Child‟s Rights Act and the VAPP Law, focusing on prohibitions, penal sanctions, victim-protection mechanisms and enforcement modalities. Third, the practical impact of criminalisation is appraised: evidence of enforcement patterns, institutional capacity, stigma, and the tendency for prohibition to drive prostitution underground are weighed against the Law‟s stated objectives of prevention, prosecution and victim rehabilitation.

The study recommends recalibrating the legal response toward a rights-centred, harm-reduction approach: sharpen enforcement against trafficking and procurement, decriminalise consensual adult sex work or regulate it to enable health and labour protections, strengthen victim-centred identification and tackle socio-economic drivers through targeted social policy. Such a balanced path would better align legal instruments with the realities of Edo State, safeguarding human dignity while disrupting trafficking networks.

This study examines the legal implications of industrial land use in Nigeria, focusing on the intersection of property rights and environmental law. As land serves both economic and ecological functions, its regulation requires a balance between private ownership rights and environmental sustainability. Chapter One introduces the study, outlining its background, objectives, methodology, and significance, emphasizing the need for legal reforms that reconcile industrial growth with ecological protection.

Chapter Two provides theoretical and historical foundations, defining key concepts and reviewing existing literature. It examines legal doctrines such as the public trust doctrine and eminent domain to highlight regulatory challenges.

Chapter Three analyses Nigeria’s legal and institutional frameworks governing property rights and environmental law, critically assessing the Land Use Act, the Environmental Impact Assessment Act, and other relevant statutes. It identifies enforcement gaps, jurisdictional overlaps, and regulatory inefficiencies. Chapter Four expands the discussion to socio-economic, political, and environmental dimensions, assessing industrial land use’s impact on communities, biodiversity, and sustainable development. It includes a comparative analysis of global best practices to identify policy lessons for Nigeria. Chapter Five synthesizes key findings and offers recommendations, advocating for enhanced legal enforcement, stricter environmental regulations, and improved public participation in land use decisions.

The study concludes by emphasizing the need for a regulatory framework that ensures sustainable industrial land use while protecting environmental and community rights.

This long essay examines the constitutional and statutory protection of persons with disabilities in Nigeria and the United Kingdom. The methodology of the study is comparative in nature and relies mainly on doctrinal research and case analysis. In Nigeria, the 1999 Constitution gives a general right against discrimination but does not clearly mention disability as one of the grounds. Because of this, the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 has become the main law, setting out rights, rules on access, and creating the National Commission for Persons with Disabilities. In the United Kingdom, protection for disabled persons is well established under the Equality Act 2010, supported by the Human Rights Act 1998 and court rulings which place a duty on employers and public bodies to make reasonable changes.
The research finds that while Nigeria’s legal framework is quite new and still adapting to standards of enforcement and awareness, it contains strong statutory guarantees which, if effectively implemented, could transform the lived experience of persons with disabilities. The UK system benefits from more developed enforcement institutions and case law, though welfare reforms have exposed certain policy weaknesses. Both legal systems are also influenced by international standards, especially the United Nations Convention on the Rights of Persons with Disabilities.

The study concludes that Nigeria can borrow from the UK’s enforcement practice, while the UK may also learn from Nigeria’s express legislative commitments.