FACULTY OF LAW

Irregular migration remains a deeply contested issue in contemporary migration governance, particularly in Nigeria where security concerns and human rights obligations frequently collide. This research critically examines the criminalization of irregular migration within the Nigerian legal framework, highlighting how migrants are often penalized for their immigration status rather than for any criminal conduct. While Nigeria has a legitimate interest in protecting its borders and addressing transnational threats such as trafficking and terrorism, the blanket application of criminal sanctions to migrants, including refugees, asylum seekers, and economic migrants, raises serious human rights concerns. Through an analysis of key domestic laws such as the Immigration Act 2015, Immigration Regulations 2017, NAPTIP Act, Criminal Code and the Administration of Criminal Justice Act (ACJA), as well as international instruments like the 1951 Refugee Convention, The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ECOWAS Free Movement Protocol and African Charter on Human and Peoples’ Rights, this study assesses the extent to which Nigerian law strikes a balance between enforcement and protection. The research finds that the current approach risks conflating administrative breaches with criminal offences, leading to violations of fundamental rights such as liberty, due process, and non-refoulement. The study concludes by advocating for a migration framework that distinguishes between genuine security threats and humanitarian need. It calls for policy reforms that uphold the rule of law while respecting the dignity of migrants, ultimately proposing a more proportionate, rights-based, and security-conscious model for managing irregular migration in Nigeria.

Child marriage is any marriage carried out below the age of 18 years before the child is physically; physiologically, and psychologically ready to shoulder the responsibilities of marriage and childbearing. Child marriage affects both boys and girls, but girls are often more disproportionately affected. The issue of child marriage remains a global menace that has raised several concern because of the harm that comes with the pernicious practice. However, significant efforts have been made to combat the insidious practice through several instruments, towards achieving global realization in the Structural and Developmental Goals Scheme. According to UNICEF, several jurisdictions e.g England and India, among others have harmonized their legal systems to explicitly prohibit child marriage. in spite of these progressive legal strides towards the eradication of child marriage globally, the incident of the practice is quite prevalent in Africa. This practice is prevalent in Africa because it is greatly entrenched in the fabrics of her socio-cultural and religious beliefs. Nigeria is not indifferent in this arena, the antecedence of child marriage is still rampart in Nigeria, in spite of several instruments prohibiting the engagement of such practice and its inimical effect to children. The intrinsic factor responsible for the unremitting practice, among others, is the adoption of a pluralist legal system at its core and the disharmony of legislation in the subject of legal minimum age which have been exploited as a cloaked enterprise for the justification of child marriage in Nigeria. This work critically examines the issue of legal minimum age for marriage in Nigeria and the attendant problems associated with the disharmony in legislation in respect to a legal minimum age for marriage in Nigeria. It further addresses the consequences that unfold as a result of child marriage and other attendant violation

This study examines the role of corporate governance and regulatory compliance in the
sustainability of startups in Nigeria, with emphasis on statutory obligations under the
Companies and Allied Matters Act 2020, the Nigeria Startup Act 2022 and relevant
regulatory codes. A doctrinal and empirical approach was adopted, involving analysis of
primary and secondary legal materials alongside data obtained from structured questionnaires administered to selected Nigerian startup founders. The findings reveal that while 92% of the surveyed startups were formally registered with the Corporate Affairs Commission, only 34% filed annual returns, 58% operated without a formal board structure, and governance processes were largely undocumented. Weak compliance awareness, limited financial resources, regulatory complexity and founder-centric decision making were identified as the major causes of governance gaps. The study concludes that startups with early governance adoption, documented internal controls and active compliance reporting demonstrate stronger investor appeal and long-term viability. It recommends regulatory education for founders, streamlined compliance procedures and increased investor-supported governance culture. This research contributes to existing scholarship by extending corporate governance analysis to early-stage, technology-driven ventures, a sector often overlooked in Nigerian legal literature. Keywords: Corporate Governance, Compliance, Startups, CAMA 2020, Nigeria Startup Act 2022, Investor Confidence, Sustainability.

State sponsored torture remains a serious human rights concern despite its clear prohibition under international and regional law. In Nigeria and South Africa, reports of torture by state agents, especially police and security personnel, continue to raise questions about respect for human dignity, the rule of law and accountability within state institutions. This study examines state sponsored torture through a comparative analysis of Nigeria and South Africa in order to understand why the practice persists and how both countries have responded to it. The study aims to examine the nature and justification of state sponsored torture and to assess the effectiveness of the legal and institutional frameworks designed to prevent it in Nigeria and South Africa. A doctrinal and comparative research approach is adopted, drawing on legislation, court decisions, international conventions, official reports and relevant academic writings. The study finds that although both countries have formally committed themselves to the prohibition of torture and have put legal safeguards in place, enforcement remains weak in practice. South Africa has recorded more progress, largely due to its strong constitutional culture and oversight mechanisms, while Nigeria continues to struggle with poor implementation of laws, limited accountability for offenders and deep rooted institutional impunity. In both jurisdictions, torture is still commonly justified on the grounds of security, crime control and public order. The study concludes that ending state sponsored torture requires more than legal prohibition. It demands genuine political will, effective oversight of security agencies and a culture of respect for human rights. The study recommends stronger institutional accountability, improved enforcement of existing laws and continuous human rights training as practical steps toward addressing torture in both Nigeria and South Africa

This study examines medical negligence in Nigeria, focusing on the prevailing legal
standards, the allocation of the burden of proof, and mechanisms for patient protection. Anchored in doctrinal legal methodology, the research draws upon statutory instruments such as the National Health Act 2014, the Medical and Dental Practitioners Act, and constitutional provisions that underscore the right to health and life. Additionally, the role of regulatory institutions—especially the Medical and Dental Council of Nigeria
(MDCN)—is assessed in maintaining professional standards and enforcing disciplinary
frameworks. The analysis then unpacks the foundational tort elements of medical
negligence as recognized by Nigerian jurisprudence and mirrored in comparative
doctrine—namely, duty of care, breach of that duty, causation, and resultant damages. The inquiry further explores nuanced exceptions, particularly the doctrine of res ipsa
loquitur, which can shift the evidential weight onto the defendant where negligence is
self-evident. Central to the project is an examination of the burden of proof. The patient
claimant bears the primary responsibility to establish negligence on the balance of
probabilities as per Section 134 of the Evidence Act (2011). The study highlights key
patient protection avenues—civil claims for damages, criminal liability for gross
negligence, regulatory sanctions via the MDCN, and the enforcement of informed
consent and patient rights under relevant statutes.In conclusion, while Nigeria’s legal
framework articulates clear substantive standards, systemic barriers—including
procedural complexity, high litigation costs, scarcity of expert testimony, and cultural
reticence—severely impede access to justice. This project ultimately recommends
procedural reforms, enhanced judicial capacity, and institutional innovation to bolster
the adjudication of medical negligence claims and better protect patient rights

The Nigerian music industry has undergone a dramatic transformation in the digital era (1999– 2024), fueled by technological advancements, the rise of streaming platforms, and the global popularity of Afrobeats. While these developments have created unprecedented opportunities for artists and record labels, they have also intensified disputes over contractual fairness, revenue sharing, and intellectual property rights. This study critically examines the legal realities and industry dynamics of Nigerian recording contracts, focusing on the pre-contractual negotiation process, transparency in artist-label relationships, and the effectiveness of existing legal and institutional frameworks in ensuring fairness. The research explores key issues such as information asymmetry, bargaining power imbalances, and the opaque nature of royalty structures, which often leave artists vulnerable to exploitative agreements. It evaluates the role of Nigerian contract law, the Copyright Act 2022, the Companies and Allied Matters Act (CAMA) 2020, and industry institutions like the Nigerian Copyright Commission (NCC) and Collective Management Organizations (CMOs) in regulating contractual fairness. Case law and industry disputes, including landmark cases like King Sunny Ade v. African Songs Ltd and Kizz Daniel v. G-Worldwide Entertainment, are analyzed to assess the legal protections available to artists and labels. Methodologically, this study adopts a doctrinal legal approach, relying on statutory analysis, case law review, and comparative examination of international transparency standards. The findings reveal significant gaps in Nigeria’s legal and institutional framework, particularly in contract enforcement, financial accountability, and regulatory oversight. While existing laws provide theoretical protections, weak enforcement mechanisms and a lack of industry-wide contract transparency allow exploitative practices to persist. This research recommends the adoption of standardized contract clauses, mandatory financial disclosures, stronger oversight of CMOs, and the integration of blockchain technology for royalty tracking to enhance transparency. Strengthening artist education, collective bargaining frameworks, and dispute resolution mechanisms will also be essential in fostering a more balanced and sustainable music industry. By addressing these legal and industry gaps, Nigeria can move towards a more equitable system where both artists and record labels thrive.

This study critically examines the legal framework established for the protection of children’s rights against child labour within the context of human rights law. Despite comprehensive international and national instruments addressing child labour, the issue persists worldwide, undermining children’s development and violating their fundamental rights. This study analyses key international legal instruments, including the United Nations Convention on the Rights of the Child (UNCRC), International Labour Organization (ILO) Conventions No. 138 and 182, the African Charter on the Rights and Welfare of the Child (ACRWC), and the Universal Declaration of Human Rights (UDHR). These instruments collectively prohibit exploitative child labour and mandate standards for children’s employment, protection from hazardous work, and access to education. At the national level, the study highlights Nigeria’s legal regime, focusing on the Constitution, the Child Rights Act (CRA) 2003, and the Labour Act. The Constitution enshrines the right to dignity and prohibits forced labour, forming the supreme legal basis for child protection. The Child Rights Act integrates international standards by prohibiting exploitative and hazardous labour for children under 18 and prescribing penalties for violations. The Labour Act complements this framework by setting minimum age requirements and regulating the conditions under which children may be employed, emphasizing protection from harmful work and the preservation of education. The paper examines persistent challenges to effective enforcement, including socio-economic pressures, cultural acceptance of child labour, and limited institutional capacity. Legal ambiguities and weak enforcement mechanisms undermine the full implementation of these protective laws. The study argues that a robust legal framework is insufficient without strengthened enforcement, public awareness, and harmonized legal interpretations. Conclusively, the realization of children’s rights against child labour requires integrated approaches encompassing stringent enforcement of constitutional guarantees, coordinated application of the Labour Act and Child Rights Act, and socio-economic interventions aimed at addressing the root causes of child labour.

Maritime trade remains the lifeblood of global commerce, yet the disputes that arise from it demand swift, specialized, and reliable mechanisms of resolution. This project dives into the effectiveness of arbitration as a tool for resolving maritime claims in Nigeria, a jurisdiction whose strategic coastal economy makes efficient dispute settlement indispensable. Anchored in the framework of international maritime law, the study probes Nigeria’s legal and institutional structures for maritime arbitration and evaluates their conformity with global benchmarks such as the UNCITRAL Arbitration Rules and key instruments. Through this inquiry, the research uncovers fundamental strengths and persistent gaps within Nigeria’s arbitration landscape, offering a nuanced assessment of its capacity to support modern maritime activity. The study’s significance extends beyond theoretical contribution; by situating Nigeria’s experience within comparative international practice, it highlights reforms needed to enhance procedural efficiency, promote investor confidence, and align domestic mechanisms with international best standards. Employing a doctrinal methodology, the project draws on statutes, conventions, case law, arbitral decisions, and institutional rules, supplemented by comparative and analytical perspectives. This approach enables a thorough and systematic appraisal of the legal issues at stake. Ultimately, the research not only advances the understanding of maritime arbitration in Nigeria but also provides practical insights that may shape future legislative and institutional developments

State sponsored torture remains a serious human rights concern despite its clear prohibition under international and regional law. In Nigeria and South Africa, reports of torture by state agents, especially police and security personnel, continue to raise questions about respect for human dignity, the rule of law and accountability within state institutions. This study examines state sponsored torture through a comparative analysis of Nigeria and South Africa in order to understand why the practice persists and how both countries have responded to it. The study aims to examine the nature and justification of state sponsored torture and to assess the effectiveness of the legal and institutional frameworks designed to prevent it in Nigeria and South Africa. A doctrinal and comparative research approach is adopted, drawing on legislation, court decisions, international conventions, official reports and relevant academic writings. The study finds that although both countries have formally committed themselves to the prohibition of torture and have put legal safeguards in place, enforcement remains weak in practice. South Africa has recorded more progress, largely due to its strong constitutional culture and oversight mechanisms, while Nigeria continues to struggle with poor implementation of laws, limited accountability for offenders and deep rooted institutional impunity. In both jurisdictions, torture is still commonly justified on the grounds of security, crime control and public order. The study concludes that ending state sponsored torture requires more than legal prohibition. It demands genuine political will, effective oversight of security agencies and a culture of respect for human rights. The study recommends stronger institutional accountability, improved enforcement of existing laws and continuous human rights training as practical steps toward addressing torture in both Nigeria and South Africa

Environmental pollution is a global concern, with Nigeria being one of the highest emitters of greenhouse gases due to its crude oil production. Environmental degradation has led to adverse socio-economic impacts, including population displacement, reduced agricultural productivity, and health hazards. While several regulatory frameworks exist to combat environmental pollution, including the Constitution of the Federal Republic of Nigeria, the Environmental Impact Assessment Act, and the Climate Change Act, they are hindered by fragmented enforcement mechanisms. A significant barrier to environmental rights enforcement in Nigeria is the constitutional limitation under Section 6(6)(c) of the 1999 Constitution, which renders environmental rights non-justiciable. This limitation prevents individuals and communities from seeking legal redress for environmental harm. However, proponents argue that environmental rights remain enforceable under the African Charter on Human and Peoples’ Rights, as recognized in cases such as Fawehinmi v Abacha and Gbemre v SPDC. This study examines the challenges posed by locus standi in environmental litigation, which restricts access to justice for affected individuals and communities. It explores the need for a broader interpretation of standing, as adopted in other jurisdictions, to enhance environmental accountability. The research findings reveal that Nigeria’s environmental regulatory framework, though robust in scope, suffers from weak implementation and judicial conservatism. The study advocates for constitutional amendments to recognize environmental rights as justiciable, alongside procedural reforms to ease access to courts. Strengthening judicial interpretation, promoting public interest litigation, and aligning national laws with international environmental treaties are recommended. Ultimately, this research underscores the necessity of a legal framework that ensures environmental justice, safeguards human rights, and fosters sustainable development in Nigeria.