FACULTY OF LAW

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

Local government autonomy remains one of the most contentious issues within Nigeria’s constitutional and political framework. The question of whether local governments in Nigeria possess genuine autonomy or merely operate as extensions of state authority continues to generate scholarly debates in the legal world and beyond. Although Nigeria is constitutionally structured as a federation, the practical functioning of local governments often reflects patterns of subordination, particularly in political, administrative, and fiscal spheres. This research critically examines the evolution, constitutional status, and operational realities of local government administration in Nigeria. The objectives of this study are to critically examine the constitutional and statutory frameworks governing local government administration, analyze judicial pronouncements interpreting these provisions, and assess the practical challenges inhibiting effective autonomy. It also further evaluates whether the current framework enables meaningful self-governance or simply presents an illusion of autonomy sustained by constitutional ambiguity and state-level control. The study finds that systemic challenges including financial dependence on state governments, irregular elections, weak institutional structures, and pervasive political interference continue to undermine effective grassroots governance. The findings further reveal persistent structural and political constraints that limit the effectiveness of local governments, thereby raising doubts about the actual extent of their autonomy in practice, also contributing significantly to legal scholarship and policy discourse by clarifying the constitutional position of local governments within Nigeria’s Federal structure. Adopting a doctrinal and analytical research methodology, the study will rely on primary legal sources such as the Constitution, judicial decisions, and statutes, as well as secondary materials including academic commentaries, policy documents, and journal articles. to determine the extent to which local governments are empowered to function as independent units of governance. The study recommends constitutional and institutional reforms, as one of the core ways, capable of ensuring genuine autonomy of Local governments in Nigeria. The research thereby concludes that without genuine fiscal and administrative independence, the promise of local government autonomy remains largely theoretical rather than practical and that strengthening local government independence remains crucial for promoting grassroots democracy, accountability and sustainable development in Nigeria.

In Nigeria, there has been incessant abuse of its citizens’ rights by the Special Anti-robbery Squad(SARS) which led to popular EndSARS protest. SARS was controversial for its connection to extrajudicial killings,unlawful arrest, torture, lackmail, framing, extortuion, rape etc. Police brutality has resulted to resistance to police orders and activities by the citizens leading to legitimacy crisis.Victims of this harsh treatment are afraid to seek redress in court because they rarely receive justice. Even after the well-known ‘End SARS’ protest, citizens continue to complain about the police force's violent behavior. Moreover, the accused (police) often go free and are not apprehended for their crimes. This ongoing brutality has weakened the legal system and rendered it ineffective.The constitution of the Federal Republic of Nigeria, the Nigeria Police (Establishment)Act, international conventions, professional ethics and other statutes, regulate as well as constrain the use of force by police.Despite these regulations, the police in many societies resort to using extreme force beyond limits as permitted by law in discharging their duties and in the process grossly disregard of the rule of law. Hence,this work critically examines police brutality and the rule of law by assessing its legal framework, accountability mechanisms, and human rights implications resulting from the use of excessive force by the Nigeria Police Force. The research evaluates the effectiveness and sufficiency of existing laws in regulating police conduct and preventing human rights violations. Additionally, the study assesses the human rights consequences of police brutality, particularly violations of rights to life, liberty, dignity, and movement. Using doctrinal analysis, the research identifies institutional weaknesses that undermine adherence to the rule of law. The findings emphasize the importance of comprehensive reforms, better oversight, and increasing public trust to ensure lawful and accountable policing. The study ends with practical suggestions for enhancing accountability measures and safeguarding human rights within democratic governance.

This study critically examines the adoption of virtual court proceedings in Nigeria, focusing on their impact on the justice delivery system and the persistent issue of prison congestion. Triggered by the COVID-19 pandemic, virtual court proceedings emerged as a transformative response to judicial delays and infrastructural challenges. While Lagos State pioneered the implementation of virtual hearings, this study extends its scope to assess the broader national implications across different jurisdictions in Nigeria. It investigates whether the use of virtual platforms such as video conferencing and electronic filing has enhanced the speed, efficiency, and accessibility of criminal trials, particularly pre-trial remand cases, which are central to prison overpopulation in Nigeria. The study adopts the doctrinal research approach, combining an analysis of statutes, case law, policy documents, and judicial reports and secondary data from court and correctional institutions. It engages with legal theories such as Access to Justice, Legal Realism, and Procedural Justice to frame its findings within a strong theoretical context. Additionally, it explores comparative practices in countries like Kenya, India, and the United Kingdom to draw lessons relevant to Nigeria’s evolving judicial landscape. Ultimately, this study finds that virtual court proceedings offer a viable pathway to reducing case backlogs and pre-trial detention durations, thereby contributing to prison decongestion. However, it also identifies substantial limitations including technological disparities, constitutional concerns, and resistance from key stakeholders. The study concludes with practical recommendations on policy, legal reforms, and infrastructural investments needed to sustain virtual justice delivery and ensure equitable access to justice in Nigeria.

Early marriage remains a critical challenge in Northern Nigeria, where socio-cultural and religious norms often override national and international legal protections for the girl child. This research critically examines early marriage as a legal and social barrier to the right to education of the girl child, situating the issue within Nigeria’s constitutional framework and international obligations. Section 18 of the 1999 Constitution of the Federal Republic of Nigeria guarantees access to education, yet this right is frequently undermined by practices that prioritize marriage over schooling for girls. While the Child’s Rights Act 2003 prohibits child marriage, it has not been domesticated in many Northern states due to resistance rooted in customary and Islamic personal law. This legal pluralism has created gaps in enforcement, leaving many girls vulnerable. International treaties such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) obligate Nigeria to eliminate harmful practices and ensure equal access to education, but compliance has been inconsistent. This study adopts a doctrinal and socio-legal approach, combining legal analysis with empirical reports from NGOs and intergovernmental organizations. It argues that early marriage not only violates the girl child’s right to education but also entrenches cycles of poverty, illiteracy, and gender inequality. The paper concludes that without harmonizing domestic law with international standards and enhancing community-based education advocacy, efforts to combat early marriage will remain ineffective.

Marriage is a fundamental institution recognized in both religious and secular legal systems. In Northern Nigeria, where Islamic law (Sharia) is widely practiced, the legal framework governing marriage is rooted in Islamic jurisprudence. This research investigates the application of Islamic legal principles regarding the age of marriage, the necessity and validity of consent, and the role of guardianship (wali) in marital contracts. The project seeks to analyze how these principles align or conflict with Nigerian statutory laws and international human rights standards, particularly regarding child protection and gender equality

This research provides an in-depth analysis of workplace discrimination against persons with disabilities (PWDs) in Nigeria, assessing the adequacy of the legal, institutional, and policy measures designed to protect their rights and foster inclusion. The study evaluates the extent to which Nigeria fulfils its obligations under the UN Convention on the Rights of Persons with Disabilities (CRPD) and the International Labour Organization (ILO) Convention No. 159. Using a doctrinal and comparative legal approach, it examines statutory provisions, case law, and the functions of enforcement institutions, notably the National Commission for Persons with Disabilities (NCPWD), the National Human Rights Commission (NHRC), Nigeria Social Insurance Trust Fund and the National Industrial Court of Nigeria (NICN). The findings indicate that although Nigeria’s legislative framework is progressive, implementation is undermined by weak institutional capacity, inadequate funding, low awareness, and enduring societal prejudice. Judicial responses, while occasionally advancing disability rights, face obstacles such as prolonged litigation, high legal costs, and limited judicial expertise. Persistent issues include discriminatory hiring, inadequate infrastructure accessibility, non-compliance with the statutory 5% public sector employment quota, and unclear reasonable accommodation guidelines. The study identifies legal ambiguities, enforcement weaknesses, and policy gaps, recommending reforms such as strengthening institutional mandates, creating sector-specific compliance frameworks, expanding public education on disability rights, and improving access to affordable legal remedies. The research concludes that realising workplace equality for PWDs in Nigeria requires more than legal provisions, it demands effective enforcement, structural reforms, and a cultural shift towards genuine inclusion, recognising disability rights as both a human rights priority and a driver of national development.

The findings revealed that maritime insecurity in the Gulf of Guinea acts as a severe economic tax on regional trade, forcing shipping companies to incur exorbitant costs for private armed escorts, rerouting vessels, and heightened insurance premiums, costs which are ultimately passed down to West African consumers through inflated commodity prices. Culturally and operationally, the nature of piracy in the region has transitioned from oil cargo theft to high-risk kidnap-for-ransom schemes. On the policy front, the study established that while the Yaoundé Architecture (2013) provided a vital framework for regional cooperation, its full operationalization is heavily hindered by inadequate naval assets, weak intelligence-sharing mechanisms, and varying levels of political will among littoral states. Furthermore, the legal analysis indicated that prior legislative gaps in prosecuting pirates have been significantly improved by landmark domestic laws, such as Nigeria's Suppression of Piracy and Other Maritime Offences (SPOMO) Act, though cross-border legal harmonization and jurisdictional boundaries remain complex hurdles.

Euthanasia, particularly in mental disorders, represents one of the most ethically complex and legally contested issues in contemporary medical jurisprudence. While physical suffering has long been the focus of end-of-life discussions, the recognition of psychological suffering as a legitimate basis for euthanasia introduces new layers of legal, ethical, and human rights considerations. This research critically examines the legal framework governing euthanasia in mental disorder cases, using a comparative approach between Nigeria and the Netherlands two jurisdictions with significantly divergent legal, cultural, and ethical perspectives. The study analyses the statutory and judicial positions on euthanasia in both countries, paying special attention to the criteria for mental competence, the evaluation of consent in psychiatric contexts, and the protections afforded to vulnerable individuals. In the Netherlands, euthanasia is legally permitted under strict conditions, even for individuals with psychiatric illnesses, provided that rigorous procedural safeguards are met. In contrast, Nigeria maintains a strict prohibition, with euthanasia treated as a criminal offence under both the Criminal Code and Penal Code, and without any provision for mental health-related exceptions. This research employs doctrinal and comparative methodologies, drawing from legal texts, case law, academic commentaries, and international human rights instruments. It identifies the shortcomings of Nigeria’s current legal stance and explores whether the Dutch model offers adaptable insights for humane and rights-based legal reform. The study ultimately argues for a more nuanced legal framework in Nigeria one that balances the sanctity of life with evolving standards of human dignity, mental health rights, and individual autonomy

This research focuses on the analysis of the effectiveness of cybercrime laws in Nigeria: Challenges and solutions. Despite the enactment of the Cybercrimes (Prohibition, Prevention, etc.), Act, 2015, Nigeria continues to struggle with enforcing its cybercrime laws effectively. This paper critically analyzes the effectiveness of Nigeria’s cybercrime legal framework, identifies the systemic and operational challenges that hinder enforcement, and proposes viable solutions to improve the legal and institutional response to cyber threats. Drawing on scholarly sources, legal documents, and policy analysis, this study argues that while the legal framework is a significant step forward, its enforcement is undermined by weak institutional capacity, corruption, technological gaps, and low public awareness. The research concludes that the enactment of the Cybercrimes (Prohibition, Prevention, etc.), Act, 2015 marked a significant milestone in Nigeria’s fight against digital crime. However, its effectiveness is hindered by structural, legal, and operational shortcomings. Low public awareness, poor enforcement capacity, outdated legal provisions, and weak institutional coordination continue to plague Nigeria’s cybersecurity landscape. This study recommends that there should be periodic review and amendment of the Cybercrime Act to include modern cyber threats such as AI, cryptocurrency scams, and deep fakes. Sections that are vague, particularly those that threaten digital rights, should be redefined with clearer language; launch nationwide, multilingual cybercrime awareness programs via traditional media, social media, and grassroots outreach. Engage religious and community leaders to disseminate messages in rural areas; invest in the training of law enforcement agents, prosecutors, and judges on digital forensics, cyber law, and electronic evidence management. Establish cybercrime labs in collaboration with academia and the private sector and develop and adopt protocols for the admissibility of digital evidence in court, ensuring that data is collected and preserved in accordance with global best practices.