FACULTY OF LAW

A company, though a legal fiction, operates through the actions and decisions of its shareholders and directors. The provisions of Companies and Allied Matters Act 2020 envisage democratic and inclusive processes that reflect on the interests of all shareholders. Yet, in practice, the principle that “the majority have their way and the minority have their say” often results in decisions that prejudice minority shareholders. Unarguably, it is a commonplace to see actions of majority shareholders that contradict the Act or Articles, which in result could be detrimental to the interest of the minority shareholders. Such an illegal practice impedes good corporate governance and could have a company destabilized. The landmark decision in Foss v Harbottle entrenched the majority rule doctrine, which has historically undermined minority rights. By this decision, a minority shareholder, at the expense of his legal right, is subjected to whims and caprice of the directors colluding with majority shareholders. This court decision is met with numberless criticism as it failed to insulate the corporate rights of minority shareholders. Given the wanton injustice suffered by the latter, the letters of CAMA, though, attempts to provide safeguards in exceptional cases, the discretionary power of the court and the procedural hurdles in initiating derivative actions may deter or deny minority shareholders adequate protection. This research critically evaluates the effectiveness of minority protection mechanisms in Nigeria and identifies the legal and institutional loopholes that allow collusion between majority shareholders and company directors. Drawing from comparative corporate law regimes in other jurisdictions, the study recommends reforms aimed at establishing a robust legal, institutional, and third-party framework that better secures the rights and interests of minority shareholder

Cross-border child maintenance has become an increasingly complex legal issue as rising migration, international marriages and family breakdowns create situations where a parent resides outside the jurisdiction responsible for enforcing a child’s right to maintenance. Although international instruments such as the 1989 United Nations Convention on the Rights of the Child and the 1990 African Charter on the Rights and Welfare of the Child affirm this right, enforcement remains inconsistent, particularly in Nigeria. The central problem addressed in this study is the persistent gap between the legal recognition of child maintenance as a right and the practical ability of custodial parents to enforce that right when the obligor lives abroad. The aim of this study is to critically assess the international, regional, and domestic frameworks governing the cross-border enforcement of child maintenance, with particular reference to Nigeria. Using a doctrinal method based on statutes, case law, treaties, and academic literature, the paper examines the extent to which Nigerian law accommodates international obligations and identifies legal, procedural, and institutional obstacles. Findings show that Nigeria’s dualist approach to treaty ratification limits the domestic effect of international maintenance conventions, including the Hague 2007 Child Support Convention. Although domestic laws such as the Child Rights Act and Matrimonial Causes Act provide strong protections, they lack cross-border applicability. Additionally, the absence of a central authority, limited judicial expertise in private international law, bureaucratic delays, gendered socio-economic inequalities, and fragmented mechanisms for enforcing foreign judgments pose challenges. The study recommends comprehensive reforms, including domestication of relevant conventions, creation of a central enforcement authority, harmonisation of family laws, enhanced judicial capacity, and gender-responsive mechanisms to safeguard children’s financial rights across borders.

This research conducts a critical examination of Sections 174 and 211 of the Constitution of the Federal Republic of Nigeria 1999, which confer discretionary prosecutorial powers upon the Attorney-General of the Federation and the States. Additionally, it evaluates the broader constitutional protection afforded under Section 36(10), which safeguards individuals against double jeopardy. These provisions raise pressing inquiries regarding the equilibrium between executive discretion and the principles of justice, accountability, and fair hearings within Nigeria’s criminal justice system. The study investigates whether the extensive authority vested in the Attorney-General to initiate, pursue, or terminate criminal proceedings, particularly through nolle prosequi, has been exercised in accordance with the rule of law or has instead devolved into a mechanism for political interference and elite protection. This inquiry is contextualized within a conceptual and theoretical framework that examines justice (retributive, restorative, and distributive), prosecutorial discretion, and the principles of separation of powers and the rule of law. Employing doctrinal and analytical legal research methodologies, the study delineates the historical evolution of the Attorney- General’s office and the development of prosecutorial discretion in Nigerian constitutional law. Furthermore, it discusses judicial interpretations of these provisions in landmark cases
such as State v. Ilori, Abacha v. State, Usman v. FRN, Mohammed v. State, and FRN v. Osahon & Ors, revealing a concerning tendency of judicial deference that could potentially facilitate the abuse of prosecutorial authority. Section 36(10) is scrutinized as a
constitutional guarantee of finality in criminal trials, which precludes multiple prosecutions for the same offense, thereby preserving the integrity of criminal adjudication. Nonetheless, this safeguard is frequently undermined when prosecutorial discretion is misused to arbitrarily terminate trials, denying victims’ closure and eroding public trust in the justice system. The study concludes that, although Sections 174, 211, and 36(10) each fulfill significant constitutional functions, their interactions must be meticulously overseen to prevent distortions of justice. Recommendations encompass the establishment of clearer statutory guidelines, judicial oversight of prosecutorial decisions, and institutional checks to avert the risk of discretion devolving into impunity. This work contributes to ongoing deliberations concerning democratic accountability, prosecutorial ethics, and the reformation of Nigeria’s criminal justice framework

Medical negligence remains a significant challenge within Nigeria’s healthcare sector, contributing to preventable harm and weakening public confidence in medical practice. This research critically examines the concept of medical negligence, its causes, and the legal frameworks governing healthcare delivery in Nigeria. Using doctrinal research methods, statutes such as the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Medical and Dental Practitioners Act, and relevant case law were analyzed alongside comparative legal approaches from other jurisdictions such as Ghana, the United Kingdom and the United States. The study also identifies systemic challenges such as inadequate medical literacy among patients, weak regulatory enforcement, absence of work-hour regulations for medical practitioners, and infrastructure deficiencies including a low doctor-to-patient ratio. Findings reveal that these factors compound difficulties in seeking redress and contribute to rising cases of medical malpractice. The study recommends strengthening statutory frameworks, improving regulatory oversight, regulating working hours, promoting patient education, and adopting alternative dispute resolution mechanisms to enhance accountability and reduce prolonged litigation. This research aims to inform policymakers, legal practitioners, and healthcare stakeholders on actionable reforms to improve healthcare outcomes and reduce medical negligence in Nigeria.

The increasing reliance on digital technology in personal, commercial, and institutional activities has significantly transformed the nature of evidence presented in civil litigation. This study examines the admissibility of electronic evidence in civil proceedings, with particular reference to the legal framework governing its reception, authentication, and evaluation by the courts. The research explores the provisions of the Evidence Act 2011 (as amended), relevant rules of civil procedure, and judicial decisions that have shaped the admissibility of electronic evidence in Nigeria. Employing a doctrinal research methodology, the study relies on primary sources, including statutes and case law, as well as secondary sources such as textbooks, journal articles, and legal commentaries. The findings reveal that while the Evidence Act has expanded the scope for admitting electronic evidence, challenges remain regarding compliance with statutory requirements for authentication, the reliability and integrity of electronic records, technological complexities, and varying judicial interpretations of the law. The study further identifies issues relating to digital manipulation, cybersecurity concerns, and inadequate technical expertise among legal practitioners and judicial officers as factors affecting the effective use of electronic evidence in civil proceedings. It concludes that electronic evidence has become indispensable in modern litigation and that its admissibility is essential to ensuring efficient and effective justice delivery. The study recommends continuous judicial training, legislative reforms to address emerging technological developments, improved digital forensic capacity, and greater awareness among legal practitioners to promote the consistent and reliable application of the law governing electronic evidence in civil proceedings.

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

Medical malpractice poses significant risks to patient safety and healthcare systems in Nigeria. It examines the legal consequences of medical malpractice in Nigeria through a comparative analysis with other jurisdictions and explores the country's obligations to respect, protect and fulfill the rights of citizens by providing good healthcare services. It assesses Nigeria's existing legal frameworks and compares it with international frameworks. The study investigates the domestic legal landscape including the Nigerian constitution legislation, policies and programs related to healthcare services, highlighting the gaps and challenges in realizing the rights to adequate compensation with proof of negligence. This project undertakes a comprehensive legal analysis of the rights of patients. The paper compared the medical negligence jurisprudence in Nigeria and the United States of America with particular reference to the state of Texas. This research employs the doctrinal method of research which would be anchored on primary and secondary information such as journals, textbooks, dictionaries, literature and other internet sources commentaries. It was hereafter discovered that the medical negligence jurisprudence in Texas is robust, structured, and well-defined compared to what is obtainable in Nigeria. The study highlights the need for legal reforms to strengthen patient's rights, enhance accountability, improve compensation mechanisms and provide more effective legal responses to medical malpractice in Nigeria while using other countries as example. Medical practice usually involves different activities which,if not professionally handled,may give rise to liabilities on the part of the medical practitioner. These liabilities may arise in tortious claims and in some other cases,may go beyond the realm of civil liabilities to criminal liabilities.

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.

Although marriage is a legal institution used in solving marital instability, in most cases, it creates complex challenges with regard to children welfare and protection. The Matrimonial Causes Act (MCA) forms the main legislative foundation of divorce, separation and ancillary reliefs in the Nigerian legal system. But the overlap of the Act with the rights of the child, especially as expressed in the Child Rights Act 2003 and the global provisions like the UN Convention on the Rights of the Child is a serious subject of academic interest. This paper discusses how the MCA is sufficient to protect the rights of children both during and after dissolution processes. It questions the law-making principles on custody, maintenance, access and guardianship as well as evaluates the discretion of the judiciary and the overall importance of the best interests of the child. Through the case law, statutory provisions and comparative outlook, the study brings to the fore both the weaknesses and strengths of the matrimonial jurisprudence in balancing the interests of parents and child welfare in Nigeria. The paper contends that although the MCA offers a legal framework in the ancillary relief it lacks adequate incorporation of child centered provisions, hence there is a need to reform the laws to align the family law with the laws of children rights. Finally, the paper highlights the necessity of more comprehensive and rights-oriented approach to matrimonial conflicts with an aim at preserving dignity, welfare, and future of the child

Host Communities in oil and gas producing communities in Nigeria have enjoyed very little recognition and legal relevance in the Nigerian Petroleum Industry. This situation has its root partly in inadequate laws on the one hand and the internal wrangling and conflicts that have been ranging among the various identifiable stakeholder groups within the superstructure of the host communities. Against the background of the observed disparity in the socio-economic rights of host communities who should be properly and justly recognized and compensated in oil and gas producing agreements which peripherally recognize them, this study sought to gauge the efficacy of the provisions for such communities in oil producing agreements and thus to provide a legal resolution of the conflict of interest within the host communities. Particularly, the study sought to determine the role and obligations of all stakeholders in oil and gas producing communities, with a bias to host communities, for a peaceful oil and gas operating environment. The study utilized the doctrinal and library-based research methodology and found among other things that the various efforts and attempts by groups advocating community ownership of natural resources are particularly aimed at addressing the socio-economic imbalance, injustice, marginalization, oppression and exploitation of host communities in the oil and gas producing areas in the Niger Delta region. Also that the current legal regime has failed to lay a legislative background to protect the socio-economic interests of local and indigenous stakeholders. In addition, that the absence or near lack of categorical legal pronouncement concerning the respective interests subsumed in oil and gas producing agreements in respect of host communities has left a vacuum and lacuna in the host communities stakeholders question, thus making the use of the term "host communities" susceptible to ruinous arrogation, abuse, oppression, marginalization, power struggle, conflict of interest and political betrayal and subjugation. On the basis of the findings made, the study recommends among other things that going forward, Impact Benefit Agreements (IBAs) should cover issues relating to employment, environmental protection, land use and reclamation, local business development and infrastructural development. Such an arrangement would not only bring about peaceful resources development between the oil companies and the indigenous stakeholders, it will also boost government’s image internationally, because it reflects a strategic balance among interests of the three key stakeholders. Moreover, negotiation should involve all stakeholders and should be based on mutual respect, compromises, authentic goodwill and be fair or equitable. Finally, that an Oil and Gas Host Communities Management Commission should be set up for the specific management and development of the oil and gas host communities in Nigeria. The Commission will, among other issues, ensure that appropriate sharing formula is put in place to determine the percentage or amount that should accrue to the various stakeholders based on the production quantum of oil and gas produced or extracted from their land. x