FACULTY OF LAW

This essay explores the legal and regulatory framework for the resolution of banking cases in Nigeria, including the use of the Central Bank of Nigeria's intervention powers. It provides anoverview of the Nigerian banking system and the importance of a robust legal and regulatory framework for resolving banking cases, and discusses the main Acts and regulations governing the resolution of banking cases in Nigeria. The essay examines the role of the Nigeria Deposit Insurance Corporation and the Asset Management Corporation of Nigeria in resolving distressed banks and non-performing loans. It also explores the powers of the CBN to intervene in the affairs of distressed banks and examines some of the challenges and limitations of the legal and regulatory framework. Finally, the essay offers recommendations for improving the legal and regulatory framework for resolving banking cases in Nigeria, including potential reforms to the CBN's intervention powers, the role of the NDIC and AMCON, and the need for greater transparency and accountability in the resolution process. Overall, the essay highlights the importance of an effective legal and regulatory framework for resolving banking cases and promoting financial stability in Nigeria.

The topic entails the flaws of the traditional defamation law in dealing with activities on the internet. The limitations of the traditional defamation law in protecting the reputations of persons on the internet where such reputations have been affected by statements made by individuals or groups and the law not being able to bring justice to such wrong doers in some cases due to anonymity or the speedy spread of information online. However, there have been provisions such as those laid down in section 24 of the Cybercrimes Act 2015 pertaining to digital defamation, addressing the flaws of the traditional defamation laws and laying down sanctions for such defamatory offences ranging from seven million fines to not less than three years imprisonment or both for offenders. This analysis aims to explores the inadequacies of the traditional defamation laws and the evolving landscape of defamation law in the digital age like the Australian Defamation Amendment Bill of 2023. The work highlights the need for reforms and advancement of the traditional defamation law in order to tackle unique digital challenges such as jurisdictional issues, anonymity, and balancing the need to protect reputations with the right to free speech as contained in section 39 of The 1999 Constitution of the Federal Republic of Nigeria as amended and also Article 19 of the Universal Declaration of Human Rights and how such rights are not completely absolute.
By analysing the current legal framework and its limitation in tackling online defamation, this study highlights the importance of advancing defamation law in Nigeria to effectively protect reputations while balancing the right to freedom of expression. The findings of this research will provide an insight into the complex interplay between protecting reputations and preserving free speech in the digital space highlighting the need and importance of adaptive legal frameworks, increased protections and international cooperation to promote a safer online environment and better safe guard individual reputations.

Nigeria is a nation with a chequered history of democratic rule. The pressure mounted on the Nigerian political system since independence created instability in Nigeria polity. Hence the judiciary could not carry out its rules effectively, the first, second, and third republic collapsed thus, paved way for the inevitability of military; incursions in Nigeria politics, which truncated the Nigerian nascent democracy. This study essay therefore investigates the impact of the judiciary in achieving sustainable democracy in Nigeria. This essay uses qualitative and content analysis method in analyzing the information generated for the study. Cases and instances from the content analysis shows that the independence of the judiciary helps in achieving sustainable
democracy in Nigeria; independent judiciary enhances due process in a democratic state. Further analysis showed that incidences and court verdicts in issues relating to how the practice of separation of powers of which the judiciary is a product of enhances the efficiency of the judiciary in Nigeria.

Nigerian Courts have a constitutional mandate to resolve disputes. In the resolution of disputes, the Courts evaluate issues nominated by the respective parties in light of the facts of the case and extant laws. In reaching its decisions in the case under review, the court considered the legal implication of the evidence of police officers and the tilting of the burden of proof. The Court further considered the quantum and quality of evidence required to meet the standard of proof in civil and criminal proceedings. The court held that the evidence required to discharge the burden of proof in criminal matters is on proof beyond reasonable doubt. However, this does not translate to proving the crime alleged beyond all shades of doubt. In considering these positions of the Supreme Court, this study examines the legal issue of admissibility and validity of completed election result forms given to the police. The study takes the stance that results given to the police are authentic and valid evidence to establish cases of mutilation of scores, over voting and unlawful exclusion of votes. The study finds that exclusion of votes by a Returning Officer is unlawful and an act ultra vires the power of the Returning Officer. The law empowers the Presiding Officer to exclude votes. Any vote excluded by the Returning Officer constitutes unlawful exclusion of votes. The Courts usually countenance votes that were unlawfully excluded; that was the situation in the case under review. The case under review could easily be said to have been fought and won on the law governing burden and standard of proof. The study, in the final analysis, finds that the respondents, especially INEC misconceived the concept and this resulted in the loss of the matter. The respondents did not call witnesses or tender documents to establish their respective positions, even in extreme cases where they raised fundamental issues of law.The decision of the Supreme Court is final. The finality of the decision of the Supreme Court carries with it the effect of infallibility; a status acquired merely by virtue of it being the final court. The Tuesday, January 14, 2020 decision of the Supreme Court followed with it a gale of criticisms. While some of the concerns shared appears justifiable both in principle and at law, the hastiness of the decision which failed to accommodate obvious circumstances at law leaves so much to be desired. That decision for the umpteenth time terminated the tenure of a sitting governor. Whether that decision was right or wrong, is what this paper seeks to determine in detail. The paper considers the justifiability or otherwise of opinions expressed in reaction to the decision and also seeks to examine the relevance of the decision in the light of the recent amended Electoral Act, 2022.

This dissertation examines the intricate balance between treatment, rights, and autonomy for persons with psychosocial disabilities within the legal, institutional, and policy frameworks of Nigeria and South Africa. It explores how both countries have responded to the international human rights standards established under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), particularly in relation to the principles of informed consent, legal capacity, non-discrimination, and supported decision-making. The study adopts a qualitative doctrinal research methodology supported by a comparative approach, relying on constitutional provisions, mental health legislation, case law, policy instruments, and academic commentaries to evaluate the extent to which national laws and practices conform to or deviate from global and regional human rights obligations. It finds that although Nigeria and South Africa have both made legislative and policy strides toward protecting the rights of persons with psychosocial disabilities, the balance between compulsory treatment and respect for personal autonomy remains deeply problematic. In Nigeria, mental health governance is constrained by outdated laws, weak institutional capacity, and pervasive stigma that justify coercive and custodial models of care. The Mental Health Act, though recently enacted, lacks the necessary mechanisms to ensure informed consent and safeguard against arbitrary detention and treatment. South Africa, on the other hand, has a more advanced legal regime under the Mental Health Care Act 2002, complemented by strong constitutional guarantees and an active judiciary that has recognized the rights and dignity of vulnerable persons. Yet, in practice, the country continues to face challenges of resource limitations, uneven enforcement, and persistent discrimination within mental health facilities. Both jurisdictions demonstrate the tension between medical paternalism and the human rights-based approach envisaged by the CRPD. The research argues that genuine respect for autonomy requires dismantling institutional practices that prioritize control and containment over empowerment and inclusion. It proposes a shift toward supported decision-making frameworks, community-based mental health services, and participatory models that integrate persons with psychosocial disabilities into policy design and implementation. Furthermore, the dissertation emphasizes that the protection of rights cannot be achieved solely through legislative reform but must be supported by adequate funding, awareness campaigns, professional training, and judicial oversight. Comparative analysis reveals that while South Africa offers valuable lessons in legal reform and rights-based policy, Nigeria’s experience underscores the urgent need for implementation strategies tailored to socio-cultural realities and institutional constraints. The study concludes that balancing treatment, rights, and autonomy is not merely a legal or medical issue but a multidimensional challenge that demands collaboration among government institutions, civil society, health professionals, and the affected communities themselves. By integrating comparative insights and human rights perspectives, this dissertation contributes to the growing body of scholarship advocating for the full realization of the rights of persons with psychosocial disabilities in Africa. It highlights the necessity of harmonizing domestic mental health laws with international standards and creating sustainable enforcement mechanisms that protect individuals from coercion while ensuring access to quality and compassionate mental health care. Ultimately, the study contends that only through a comprehensive, rights-oriented, and inclusive framework can both Nigeria and South Africa achieve a true balance between necessary treatment interventions and the fundamental autonomy and dignity of persons with psychosocial disabilities.

Corporate social responsibility and sustainable business practices in the Nigerian oil and gas industry refer to what the acceptable standards of business practice in the Nigerian petroleum industry are, with particular focus on issues like gas flaring and oil spillage inter alia. It also contemplates to what extent oil companies are socially responsible to the host communities i.e. communities within which upstream and downstream activities generally occur. The petroleum industry is regulated by a litany of statutes, laws and regulations. This complex tapestry of legislation determine the social responsibilities, outlines the duties and liabilities of persons in the industry and effectively dictates what the preferred business practices are within the industry. This work examines the social responsibilities of oil companies in Nigeria. It also analyzes the legal framework for corporate social responsibility in Nigeria, setting forth a legal view of what business practices fall in line with relevant and recent legislation including but not limited to the Petroleum Industry Act (2021). It also tackles the issue of implementation of integration of corporate social responsibility and sustainable business practices in the oil and gas industry.

Contemporary reproductive technology has in recent times made extraordinary advances in responding to the desire of women and men to have children. The success of these advancements in developed countries and lately Nigeria has made it possible for couples who would otherwise have been unable to conceive and bear children to avail themselves of these techniques that are today commonly known as “Assisted Reproductive Technology (ART). This essay examines the meaning, the concept and the historical development of Assisted Reproductive Technology. It goes further to explain in details the various types of assisted reproductive technology. This research also examines the legal issues such as legitimacy, successions, the status of a child, citizenship of a child which would arise as a result of assisted reproductive technology. The succession and inheritance rights of the children of assisted reproduction in Nigeria are not exactly as clear and settled as those of the adopted child even though such children can ordinarily trace their genetic ties to their genetic parents. This thesis examines the position of the law with respect to assisted reproduction in other jurisdiction and also the need for laws to be made in Nigeria to protect the rights of children born through assisted reproduction

Concession has been acknowledged as a valuable tool for Nigeria authority to retain control and shape the supply side of the terminal market, in the absence of full privatization. A Concession is a practice which involves an agreement or a compromise where one side usually a public authority grants a franchisee the right to own, build, finance, upgrade, maintain or operate a public infrastructure, and charge users for the cost of services for a limited period of time under a contractual agreement. This study explores the impact of concessioning on the Nigerian economy, focusing on key sectors such as transport, power, and ports. It highlights how concessioning has led to improved service delivery, increased private sector investment, and job creation. However, a further investigation into the study examines the unintended consequences (otherwise known as the dark side) of privatization of Public Enterprise (PEs) in Nigeria, such as: unemployment due to mass retrenchment of staff, low standard of living resulting from exorbitant price of products and /or service from privatized enterprises, overconcentration of income and wealth in a few hands, regulatory inconsistencies, weak institutional frameworks,
stakeholder resistance, corrupt practices among others. The findings suggest that when
effectively implemented, concessioning can significantly enhance infrastructure development and stimulate economic activity, however, policy makers in Nigeria are to determine the level of confidence they would place in privatization. Policy recommendations include strengthening regulatory oversight as relate to concession, ensuring transparency in the concession process, and enhancing stakeholder engagement to maximize the socio-economic benefits of concessioning in Nigeria

Crime generally is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. At common law, rape is defined as an unlawful sexual intercourse with a woman against her will, with the essential elements of sexual penetration, force and lack of consent. The provisions of the Criminal and the Penal cover the offence of rape generally in the Southern and Northern parts of Nigeria respectively. These codes make provisions for the offence of rape and its establishment (proof) but their provisions only cover the establishment of rape as it concerns the girl child and women basically. This work takes a close look at the offence of rape, particularly as provided for in the Criminal and Penal codes and Violence Against Persons (Prohibition) Act, 2015 (VAPP Act). It beams a torchlight on their provisions as to the establishment of the offence of rape .The aim of this is to critically examine the challenges inherent with the establishment of the offence of rape as it pertains to corroborating the evidence of the prosecutrix and to profer solutions to the challenges identified. This research work utilizes the analytical method of research. It finds that corroboration is a major challenge in establishing the offence of rape in Nigeria. It recommends that the VAPP Act be given a wider coverage in Nigeria; that is states should domesticate the VAPP or make laws similar to the provisions of the VAPP Act as it relates to the crime of rape. Furthermore, this work states that uncorroborated evidence of the Prosecutrix should be allowed by the courts of Nigeria to stand as proper evidence needed for an offender to be brought to book.

literary works, musical works, artistic works, cinematograph films, sound recordings and broadcasts. When a person creates a work such as a musical piece, it is expected that such owner or creator reaps the benefits of their creation. These benefits could include monetary benefits that accrue from the sales of such work. It is therefore expected that a person who copies or sells another person’s work for personal benefits without the direction or permission of the owner has committed an infringement of the creators copyright. The development of the internet has led to a rapid increase in the rate of online copyright infringement. This is because different sources of information are now easy to access in digital format and are globally accessible, leading to a growth of piracy in the last decade, especially in Nigeria in which the rate of unauthorized online reproduction has become rampant, and as some might argue, normalized. The Internet has proven to be one of copyright's most difficult challenges. This development calls for greater copyright protection, because copyright is not also important to creators, but is equally important for the development and progress of every economy. In order for copyright holders and stakeholders to reap their pecuniary benefits, there must be properly regulated laws and policies that accommodate copyright protection in light of recent digital trends. In Nigeria, The Nigerian Copyright Act is the statute regulating copyright in the country. The Act contains relevant provisions for copyright protection, as well as the establishment of the Nigerian Copyright Commission, which is the body responsible for all matters relating to copyright in the Country. The current condition of copyright law in Nigeria, and the attitude of the commission to curbing same will be discussed in this research. The study will also examine and address copyright difficulties that have arisen in the digital age. xiii This project recognizes the frustrations that today's creative minds are experiencing as a result of internet piracy. The ease of infringement via the internet and its rampant reoccurrence is the motivating force behind this study, hence it is referred to as the “Golden Age”.