FACULTY OF LAW

ASSESSING THE IMPACT OF CONCESSIONING ON NIGERIA’S ECONOMIC DEVELOPMENT

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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
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ESTABLISIHING THE OFFENCE OF RAPE IN NIGERIA: CHALLENGES AND PROSPECTS

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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.
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co-supervisor

THE GOLDEN AGE OF DIGITAL PIRACY: CURBING COPYRIGHT INFRINGEMENT IN NIGERIA

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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”.
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co-supervisor

INTERNET RECYCLNG AND DOWNLOADS: ITS EFFECTS ON COPYRIGHT LAWS IN NIGERIA.

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The relevance of Intellectual Property protection to our day to day activities has repeatedly been shown to be a settled matter. For this reason, the dawn of information age and the advancement of technology in the reproduction of information and intellectual goods has created a favorable tool for piracy; copying and selling of another's intellectual works have become easy and less expensive; Copyright theft; Production of fake, Sub-standard and unlicensed products are on the increase. Hence, Copyright Piracy is a global problem, although more prevalent in developing countries like Nigeria. Copyright piracy has been recognized worldwide as an enemy of creative arts, intellectualism and creativity. It obstructs genuine investments and corrupts cultural value of a nation. Section / of the Copyright Act CAP C28 LFN 2004 makes provisions for the definition, protection, transfer, infringement of and remedy, and penalty thereof of copyright in forms of Literal, Musical, Dramatic and Sound recordings works. It is pertinent to observe that online generated materials can be classified under the category of literary works. Of greater importance, Sections 2 and 3 of the Copyright Act is to the effect that, copyright protection of any
physical creative work is local, while the reach of the internet is international. The provisions of Sections 2 and 3 above presents a strenuous task for the protection of copyrights and enforcement of wrongdoings committed across the border. In respect of that, Section 2(1) of the Copyright Act provides that copyright shall be conferred by this section on every work eligible for copyright of which the authors or in the case of a work of a joint authorship, any of the authors is at the time when the work is made, a citizen, or is domiciled in Nigeria Nigeria's status as a favorable destination for foreign direct investment and a place where local creative talent can flourish is in jeopardy due to the activities of individuals who unjustifiably infringe on another's copyright works. It is in recognition of the above fundamental facts that the Nigerian Copyright Commission (NCC), which is saddled with the responsibility of monitoring, administering and enforcing copyright laws and ensuring proper implementation of set out rules and regulations on the citizenry in the case of default seeks to fight against piracy.
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co-supervisor

ADVANCING THE LAW ON THE SAFE USAGE OF VIRTUAL REALITY SPACES IN NIGERIA

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The Metaverse, a virtual reality environment where users may interact and take part in different activities, has drawn a lot of interest as a promising breakthrough in technology. There are potential and problems associated with the Metaverse as it develops and grows, especially in terms of safety and regulation. This thesis explores the legal framework in Nigeria for regulating and promoting the safe usage of the Metaverse. This study examines the applicability of current laws in addressing safety issues in the metaverse, drawing on the National Information Technology Development Agency (NITDA) Act, Cybercrime (Prohibition, Prevention, etc.) Act, Nigerian Communications Act, Data Protection Regulation, and Copyright Act. The study reviews how NITDA regulates new technologies, promotes safe information technology practices, and considers how it may be used in the metaverse. It examines how the Cybercrime Act's provisions can be used to combat online threats and crimes, with a particular emphasis on unauthorized access, fraud, and identity theft. The study also considers the function of the Nigerian Communications Commission (NCC) in upholding user safety and privacy in the Metaverse, as well as the regulatory reach of the Nigerian Communications Act. The Nigeria Data Protection Regulation (NDPR) is reviewed in connection to the Metaverse's protection of personal data and privacy rights, including challenges and potential solutions for applying data protection measures in a virtual environment. The implications of the Freedom of Information Act for obtaining public information linked to Metaverse platforms are also examined, as is the applicability of the Copyright Act in safeguarding artists' and performers' intellectual property rights in virtual spaces. This thesis intends to give insights into the regulation and promotion of safe Metaverse usage in Nigeria by examining these statutory regulations and investigating their possible applicability. It outlines gaps, difficulties, and solutions for policymakers, regulators, and stakeholders in Nigeria in order to create a safe and inclusive Metaverse environment.
Supervisor(s)
co-supervisor

INTERNET RECYCLNG AND DOWNLOADS: ITS EFFECTS ON COPYRIGHT LAWS IN NIGERIA.

Author(s)
Faculty
Department
Year of Publication
upload
Publication Type
Abstract
The relevance of Intellectual Property protection to our day to day activities has repeatedly been shown to be a settled matter. For this reason, the dawn of information age and the advancement of technology in the reproduction of information and intellectual goods has created a favorable tool for piracy; copying and selling of another's intellectuaworks have become easy and less expensive; Copyright theft; Production of fake, Sub-standard and unlicensed products are on the increase. Hence, Copyright Piracy is a global problem, although more prevalent in developing countries like Nigeria. Copyright piracy has been recognized worldwide as an enemy of creative arts, intellectualism and creativity. It obstructs genuine investments and corrupts cultural value of a nation. Section / of the Copyright Act CAP C28 LFN 2004 makes provisions for the definition, protection, transfer, infringement of and remedy, and penalty thereof of copyright in forms of Literal, Musical, Dramatic and Sound recordings works. It is pertinent to observe that online generated materials can be classified under the category of literary works. Of greater importance, Sections 2 and 3 of the Copyright Act is to the effect that, copyright protection of any physical creative work is local, while the reach of the internet is international. The provisions o Sections 2 and 3 above presents a strenuous task for the protection of copyrights and enforcement of wrongdoings committed across the border. In respect of that, Section 2(1) of the Copyright Act provides that copyright shall be conferred by this section on every work eligible for copyright of which the authors or in the case of a work of a joint authorship, any of the authors is at the time when the work is made, a citizen, or is domiciled in Nigeria Nigeria's status as a favorable destination for foreign direct investment and a place where local creative talent can flourish is in jeopardy due to the activities of individuals who unjustifiably infringe on another's copyright works. It is in recognition of the above fundamental facts that the Nigerian Copyright Commission (NCC), which is saddled with the responsibility of monitoring, administering and enforcing copyright laws and ensuring proper implementation of set out rules and regulations on the citizenry in the case of default seeks to fight against piracy
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co-supervisor

THE LEGAL FRAMEWORK OF ELECTRONIC COMMERCE IN NIGERIAANDCONSUMER PROTECTION: A CRITICAL ANALYSIS

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There is no doubt that the internet has added a great deal to the quality of human life in the contemporary world. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce has occurred as a result of the development of the internet, and commercial transactions are conducted through it between parties from different parts of the world who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic issues, especially in developing nations such as Nigeria, which issues pose significant challenges to the legal regime of electronic commerce in those countries. This work examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria
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co-supervisor

ANALYZING THE IMPACT OF THE 2022 ELECTORAL ON DEMOCRATIC PROCESSES

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Free and fair elections are the genuine hallmark of democratic governments as they allow citizens to choose their representatives in governmental positions. As a democratic state, Nigeria has conducted well over eight General Elections since its severance from British hegemony in 1960. These elections conducted in 1999, 2003, 2007, 2011, 2015, 2019 and 2023, have all been
marred by severe electoral irregularities. Observers report that malpractices such as vote buying, ballot snatching/stuffing, electoral violence, and multiple registration/voting characterized these elections. Owing to the spate of these malfeasances, policymakers embarked on legislative reforms to consolidate the extant electoral laws. SubseqUent legislative revisions in 2010, 2015
and 2019 birthed the Electoral Act 2022 which was enacted on February 25, 2022. Broadly, the Act aimed to enhance the capacity of Electoral Management Bodies (EMBs) to conduct free and fair elections. The innovations pioneered by the Act abound thereby theoretically enhancing democratic consolidation in Nigeria through its 153 sections. As a disruptive legal framework, the Act legalized the deployment of technology in the conduct of elections under section 47 – 50. Further, it mandated the prompt release of funds to the Independent National Electoral Commission (INEC) to conduct the elections. It also prohibited political appointees from acting as candidate/delegate in a primary election during the subsistence of their appointment. These
groundbreaking provisions were expected to radically reform electoral practice in Nigeria, solving the litany of problems plaguing the Nigerian electoral system. This, in turn, it was envisaged, would culminate in democratic consolidation and accord legitimacy to the emerging governments. However, in retrospect, these laudable aspirations and lofty expectations of the
Electoral Act 2022 were scarcely fulfilled. Almost two years after its enactment, the Nigerian electoral system is largely unchanged with electoral malpractices as prevalent as ever. The unforgettable 2023 Presidential elections and the petitions that followed brought to the fore, the issues that lay with the new Act. Likewise, the pockets of gubernatorial and legislative elections revealed certain gaps in the Act that were antithetical to democratic consolidation.
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co-supervisor

HATE SPEECH AND MISINFORMATION IN THE NIGERIAN DIGITAL SPACE: A CASE STUDY OF THE NATIONAL BROADCASTING CORPORATION’S SANCTIONS ON MEDIA NEWS HOUSES

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Nigeria's expanding digital realm is experiencing a troubling surge in hate speech and misinformation which presents a profound risk to national security, social unity, and the credibility of its democratic system. This academic inquiry focuses on the legal and regulatory measures enacted to counter this threat, specifically scrutinizing the actions of the National Broadcasting Corporation (NBC). The study examines the NBC's practice of imposing penalties, such as fines and license revocations, on media organizations and news houses. By employing a doctrinal methodology alongside a qualitative case study analysis of prominent NBC enforcement actions especially those concerning political coverage and responses to national crises, the research evaluates the legal effectiveness and constitutional validity of the Commission's regulatory authority under the National Broadcasting Act and the Nigeria Broadcasting Code. The research uncovers an ongoing regulatory paradox, in other words; while the NBC is tasked with upholding broadcast standards and public order, its method of imposing unilateral sanctions has consistently been contested in the judiciary. These legal challenges frequently cite violations of the principles of natural justice and an infringement upon the fundamental right to freedom of expression as guaranteed by the 1999 Constitution. The core conclusion of the research is that the existing enforcement framework is widely viewed as arbitrary and prone to regulatory overreach. Consequently, it often fails to achieve the crucial equilibrium between managing harmful content and safeguarding press freedom. The study's ultimate recommendation advocates for targeted legal reforms to ensure that all efforts against misinformation and hate speech are executed within a framework that is both procedurally fair and constitutionally sound, thereby cultivating a responsible media environment instead of a restricted one.
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co-supervisor

COPYRIGHT LAW IN THE DIGITAL AGE: AN APPRAISAL OF THE ADMINISTRATION, CHALLENGES AND REMEDIES

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The digital age has fundamentally reshaped the creation, distribution, and consumption of copyrighted works, posing unprecedented challenges to traditional copyright law. This abstract explores the multifaceted difficulties encountered in protecting intellectual property in a landscape characterized by pervasive digital reproduction, global connectivity, and the rise of artificial intelligence. Existing copyright frameworks, largely rooted in the concept of fixed, tangible works, struggle to adapt to the fluid, ephemeral, and collaborative nature of digital content. A central challenge lies in the tension between the ease of digital reproduction and the need to protect creators' rights. The internet's global reach facilitates widespread infringement, making enforcement difficult and costly. Traditional legal mechanisms, such as takedown notices, are often insufficient to address large-scale piracy and cross-border infringements. Moreover, the anonymity afforded by the internet complicates the identification and prosecution of infringers. The rise of user-generated content and collaborative platforms further strains existing copyright models. Defining authorship and ownership in environments where content is constantly remixed, shared, and modified becomes problematic. The concept of "fair use," intended to balance creators' rights with public access, is increasingly ambiguous in digital contexts, particularly with the proliferation of transformative works and remixes. Technological advancements, while offering potential solutions, also introduce new complexities. Technological Protection Measures (TPMs), such as DRM, are often circumvented, and their use raises concerns about privacy and access. Block chain technology and NFTs, while promising to enhance copyright management, also present challenges regarding authentication and enforcement. Furthermore, the emergence of Artificial Intelligence (AI) generates significant legal and ethical dilemmas. AI-generated content challenges traditional notions of authorship and ownership, raising questions about liability for infringement. The use of copyrighted materials in AI training data also raises concerns about fair use and the need for compensation. This abstract argues that a comprehensive approach is needed to address the challenges of copyright in the digital age. This includes: adapting legal frameworks to accommodate the unique characteristics of digital content; strengthening international cooperation in enforcement; exploring innovative technological solutions; and fostering a culture of respect for intellectual property through education and awareness. Moreover, it is imperative that legal frameworks evolve to address the rapidly changing AI landscape. This involves clarifying liability for AI-generated works, addressing the training data problem, and ensuring that copyright holders are adequately compensated. Ultimately, a balanced approach is necessary, one that protects creators' rights while promoting innovation and access to knowledge in the digital sphere.
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co-supervisor