FACULTY OF LAW

APPLICABLE LAWS THAT GOVERN THE PROTECTION OF COPYRIGHT WORKS: CHALLENGES AND ENFORCEMENT PROBLEMS.

Department
Year of Publication
Publication Type
Abstract
Society encourages research, exploration or attempt to discover new things that will benefit the
society, the aspect of law that seeks to protect the product of such efforts is Intellectual Property Law (IPL). Intellectual property is an aspect of law which seeks to protect intellectual endeavour. It is divided into 4 fundamental classes of which, copyright is one of the fundament classes. opyright in intellectual property are exclusive rights granted by the law. They are bundle of intangible right granted by statue to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privileges is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same publication and sale. These rights are subject to certain statutory exceptions and the effects of these rights is that were sufficient efforts have been expended on making a work to give it an original character it becomes the sole property of the owner and the owner has exclusive rights over the work and it will be unlawful for any person to reproduce, publish, translate, perform, rent, lease, hire, broadcast, adapt or tamper with the work without the owner’s license or assignment.
Supervisor(s)
co-supervisor

FORENSIC EVIDENCE: A CRITICAL COMPONENT OF THE NIGERIA CRIMINAL JUSTICE SYSTEM

Author(s)
Department
Year of Publication
upload
Publication Type
Abstract
The core of proof in criminal trials is that the accused must be proved to be the perpetrator of the crime beyond all reasonable doubt. In most cases, this is anchored on the evidence of an eye witness, however in the presence of none what becomes the fate of the victim. It appears that criminals have adopted a sophisticated scheme to commit crimes, it is therefore appropriate for our legal system to adopt a effective mechanism to ensure that crimes are proven and one way of attaining this is the use of Forensic. However the Nigerian legal system has remained redundant, primarily because criminal convictions are based on police reports, which sometimes lack credibility, as well as reliance on circumstantial evidence. This approach is a major setback to an efficient criminal justice system. The use of forensic science has been effectually deployed by other jurisdictions in combating rimes, while it is still an evolving trend in Nigeria. This study appraise the significance of forensic science in the Nigerian legal system with the aim of achieving a fair, just and robust criminal justice system that would strengthen the administration of justice in Nigeria. It also examine the relevancy and application of forensic evidence in Nigerian legal system. This study will adopted the doctrinal approach of research relying on existing principles and works of great authors and its findings will establish the essence for proper utilization of forensic science in order to restore the dignity, dependability and efficiency of the criminal justice system in Nigeria.
Supervisor(s)
co-supervisor

A CRITICAL ANALYSIS OF THE NIGERIAN CRIMINAL JUSTICE SYSTEM RESPONSE TO DOMESTIC VIOLENCE: EVALUATING LAWS, POLICES AND PRACTICES

Department
Year of Publication
Publication Type
Abstract
This study was a critical study of how domestic violence is handled in Nigeria through the criminal justice system, evaluation of the legal institutions, institutional processes, and cultural/socio-cultural factors that guide the handling and adjudication of domestic violence laws in Nigeria. The results suggest that despite significant legislative progress, especially with the Violence Against Persons ( Prohibition ) Act (VAPP) 2015, significant implementation issues are present because the federal system has led to unequal domestication across states, which generates a patchwork of protection and legal pluralism that leads to discrepancies in jurisdictions. The study shows much discrepancy between the international human rights commitments of Nigeria and their implementation at the local level, particularly on matters of marital rape, emotional and harmful traditional practices. The paper also indicates institutional flaws such as the attitude of police that sees domestic violence as family affairs, lack of special domestic violence courts, and lack of victim support services, which are centralized in urban centres. Patriarchal norms, religious pressures of family conservation, bride price, and gender stereotypes of roles were considered as deep-rooted socio-cultural forces that strengthened silence, victim-blaming and economic dependence. Comparing the advantages of the United States, the study determines the advantages in specialized domestic violence courts, mandatory arrest policies, comprehensive victim support systems, batterer intervention, and coordinated responses of the community through VAWA. The report suggests the harmonization of the VAPP Act across the nation, the creation of special courts, training of the justice actors in a broad way, increasing support systems to victims, and cultural transformation programs. It concludes that though Nigeria has developed a good legal framework, there is still a huge discrepancy between the law and the practice, which requires more institution capacity, proper resource allocation, and social transformation to make a significant difference in protection of all victims.
Supervisor(s)
co-supervisor

ASSESSING THE ADEQUACY AND EFFECTIVENESS OF EXTANTLAWSINADDRESSING THE PLIGHTS OF INTERNALLY DISPLACED PERSONSINNIGERIA

Department
Year of Publication
Publication Type
Abstract
This research takes a look at the issue of internal displacement in Nigeria, where millionsofpeople have been forced from their homes by conflict and disaster. It assesses the extant lawsand addresses why the country's laws and policies, fail to protect these vulnerable citizensinreality. The study explores the challenges of implementation within the system, wheredifferent agencies struggle to work together and the promises the law makes are not fulfilled. By uncovering the real reasons for this failure, this work points to what must be done tofixthe broken system and finally provide the safety and support that displaced peopleneedurgently
Supervisor(s)
co-supervisor

THE RIGHT OF BETROTHAL AND PROCREATION: BALANCING AUTONOMY ON MARRIAGE, REPRODUCTION AND SURROGACY IN NIGERIA

Department
Year of Publication
upload
Publication Type
Abstract
In family formation it is an expected occurrence to procreate. In the event that couples are unable to, it could cause heartache disappointment and deprive such individuals of joy. However with the evolution of civilization, parenthood need not be a bother as surrogacy provides a path. Reliance on history indicates that surrogacy is not a new concept as it has been in existence since the time of Abraham and is fast becoming a rising trend in recent times. In Nigeria surrogacy is gaining popularity however, it is still in its infant stage as Nigeria’s legislation neither recognizes it nor forbids it. This has created confusion and ambiguities with regards to rights and duties of parties involved. The aim of this research is to awaken Nigeria’s National Assembly to their mandate; to enact a holistic body of rules to regulate surrogacy arrangements in the country.
Supervisor(s)
co-supervisor

INVESTIGATING THE REALITY OF RULE OF LAW IN NIGERIA: THE EXECUTIVE’S EXTRAORDINARY POWER OVER THE JUDICIARY IN VIEW

Year of Publication
Publication Type
Abstract
The concept of the 'Rule of Law' simply means accountability to the provisions of the law - a state of affairs in governance, in which the law holds sway to the letter, no matter whose ox is gored. In a state where the Rule of Law prevails, the application of the law and its principles in the administration of that state, is effected without recourse to creed, tribe, gender, religion, personal desires or status amongst other things. What matters without more, is the law and Justice. Kingdoms. and states have risen and fallen partly or totally due to the concept of the rule of law. If one looks at history through the eyes of circumspection, one can almost see mankind’s endless battle with chaos and anarchy. A frenzied scramble to infuse order starting from the family to communities and then to larger aggregates of people. Where man’s toil in this direction has failed, anarchy has sprung forth, wars have happened, taking lives and breaking once vibrant states into smaller units or something else entirely. Time has taught us that in the administration of a State, the most useful tool in maintaining the Rule of Law, does not reside exactly in the letters of the Law but in the application of the law. Laws may be vibrant and beautifully couched; properly delimiting roles and actions in a society but if these laws are not applied or properly applied, the letters on paper begin tending towards worthlessness. As Nigeria is the focus of this essay, the pertinent question is whether the administration of government in this country is compliant with the rule of law? Is it? The application of this concept in Nigeria can be likened to a cruise through a pothole-filled street. Again and again, more abrasions on the Rule of Law happen, some, leaving people utterly shocked and wondering desperately how worse the next one is going to be. Certain acts most times by the executive, leave much to be desired and leave Nigerians with the feeling that we are in an authoritarian State. The aim of this essay is to examine the application of the Rule of Law in Nigeria and prescribe cures where needed. To successfully achieve this, a foray will first be undertaken into the meaning and origin of the Rule of Law, thereafter, this writer will examine the perceptions of scholars and pundits on the concept, from here, the Rule of Law will be examined in line with auxiliary concepts after which the firmness of the Rule of Law from a xiv legal standpoint will be examined in Nigeria. While doing this, reference will be made to other states and events within and outside Nigeria to not only help achieve a clean grasp of the issues surrounding the rule of law in Nigeria but also provide time tested solutions to them
Supervisor(s)
co-supervisor

CORPORATE SOCIAL RESPONSIBILITY AND ENVIRONMENTAL PROTECTION IN NIGERIA

Department
Year of Publication
Publication Type
Abstract
The concept of Corporate Social Responsibility (CSR) has become increasingly important in corporate governance, particularly in relation to environmental protection. As the years have progressed, CSR has moved beyond being a mere slogan in corporate circles to an increasing expectation that companies, most especially multinational corporations, should move beyond profit-making and contribute consequentially to the sustainability of the society. Protecting the environment today goes beyond merely meeting the regulatory standards; it entails ensuring that business activities are carried out in a way that does not compromise the well-being of future generations. In the most recent years, there has been a growing demand for greater accountability and responsible conduct from corporate bodies, specifically in relation to how their operations impact the society and the environment. This shift has intensified the call for sustainable governance, as companies are expected to balance their pursuit of profit with broader social and environmental obligations. The increasing prominence of Environmental, Social and Governance (ESG) considerations in corporate discourse further shows the importance of integrating sustainability into business practices. It analyzes how these companies respond to environmental issues and concerns and whether their practices align with the broader aim of protecting natural resources. This work also reviews the various arguments by different scholars on CSR and evaluates their relevance to the situation in Nigeria. The study discovers that Nigeria, particularly the Niger Delta region has encountered persistent environmental challenges arising from corporate activities
Supervisor(s)
co-supervisor

BETWEEN CRIMINAL LIABILITY AND PUBLIC HEALTH: A CRITICAL REVIEW OF NIGERIA’S DRUG LAWS IN LIGHT OF AMERICAN AND DUTCH APPROACHES TO DRUG POLICY.

Department
Year of Publication
Publication Type
Abstract
This study provides a critical examination of Nigeria’s drug laws, focusing on the legal and policy tensions between criminal liability and public health, and evaluating them in light of the drug policy frameworks adopted in the United States and the Netherlands. Nigeria’s current approach to drug control is primarily punitive, treating drug use and possession as criminal offenses rather than as public health issues. This approach has led to overcrowded prisons, stigmatization of drug users, and limited access to treatment and rehabilitation services. Drawing on a comparative legal analysis, the study explores how the U.S, despite its historical "War on Drugs" is gradually shifting toward decriminalization, public health-based interventions, and drug courts, while the Netherlands employs a harm reduction model that distinguishes between soft and hard drugs and promotes treatment, prevention, and reintegration over punishment. By examining legal documents, policy papers, and international conventions, this study identifies key differences in legal philosophy, enforcement strategies, and health outcomes. The study argues that Nigeria's prohibitionist stance is both ineffective and misaligned with modern global trends, particularly in relation to human rights, social justice, and public health. It calls for a more balanced drug policy that integrates legal reform, health services, and public education. Emphasizing the need to shift from punishment to prevention and rehabilitation, the study proposes adopting a Nigerian model that blends global best practices with local cultural and institutional realities. In conclusion, this study advocates for drug policy reform that not only addresses the legal inadequacies of the current system but also enhances national health security, reduces recidivism, and upholds the dignity and rights of drug users. This reimagined approach aims to create a just, humane, and effective framework for managing drug-related issues in Nigeria.
Supervisor(s)
co-supervisor

THE ROLE OF THE VAPP ACT IN ADVANCING WOMEN’S RIGHTS AND COMBATING GENDER BASED VIOLENCE IN NIGERIA

Department
Year of Publication
upload
Publication Type
Abstract
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.
Supervisor(s)
co-supervisor

COPYRIGHT LAW IN NIGERIA IN THE ERA OF GENERATIVE ARTIFICIAL INTELLIGENCE; A CRITICAL EXAMINATION OF THE POTENTIAL INTEGRATION INTO NIGERIA’S COPYRIGHT LEGAL FRAMEWORK.

Department
Year of Publication
Publication Type
Abstract
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.
Supervisor(s)
co-supervisor