FACULTY OF LAW

Democracy is universally acknowledged as the most acceptable form of government, because it provides the opportunity for participation of the people in the running of their affairs within a given society. Again, it advances an open, responsible, and accountable government. Since 1999, Nigeria has practiced presidential democracy with three main institutions, comprising of the Executive, Legislature and Judiciary. The Legislature is the most representative as it has the institutional mandate to project the interests of the various constituencies in the country. By virtue of the Constitution of the Federal Republic of Nigeria1999, (herein 1999 Constitution), the Legislature performs three principal roles of law making, oversight of the executive arm, and representation. Upon election by the electorate, the principle of representation requires legislators to be accountable to their constituents in the performance of their constitutional duties. In Nigeria, there is no consensus of opinion on whether legislators after being elected into parliament, constantly engage their constituents in policy decisions, until the next set of elections. The aim of this study was to examine legislative accountability as envisaged under the 1999 Constitution. The study focused mainly on the representational role of the National Assembly and its different models by evaluating its effectiveness. Thus, several issues of legislative accountability were interrogated. The study adopted the doctrinal research methodology, using secondary data. The study examined whether there are enough constitutional mechanisms for the electorate to hold legislators accountable. The study analyzed the accountability mechanisms that are available to check the excesses of legislators, provided under the 1999 Constitution. These are free and fair elections, recall, minimum sitting days’ requirement, sanctity of party label, presidential veto, judicial review, internal mechanism of suspension, and the absence of immunity from criminal trial for legislators. Since Nigeria’s constitutional practice is modeled after that of the United States of America, the study undertook a comparison of the American system in the context of the accountability mechanisms in order to draw useful lessons for Nigeria. The study found that the mechanism of recall is ineffective in enhancing legislative accountability due to its cumbersome process as provided in the 1999 Constitution. The study also found that elections as a mechanism can only be effective if they are free and fair, which is hardly the case in Nigeria. It also found that although there are a number of mechanisms available in the 1999 Constitution to ensure accountability by the Legislature and its members, recall and periodic elections are the only formal accounting tools at the disposal of the electorate. The study proffered a detailed roadmap to legislative accountability. Consequently, the study identified novel measures such as roll-call, visible and recorded votes, which can be adapted from the constitutional practice of the United States of America to promote effective legislative representation cum accountability in Nigeria. The Study recommends that these novel measures found in the U.S should be adopted in Nigeria in other to enhance legislative accountability

use it provides the opportunity for participation of the people in the running of their affairs within a given society. Again it advances an open, responsible, and accountable government. Since 1999, Nigeria practices presidential democracy with three main institutions, comprising of the Executive, Legislature and Judiciary. The Legislature is the most representative as it has the institutional mandate to project the interests of the various constituencies in the country. By virtue of the Constitution of the Federal Republic of Nigeria 1999, (herein 1999 Constitution) the Legislature performs three principal roles of law making, oversight of the executive arm, and representation. Upon election by the electorate, the principle of representation requires legislators to be accountable to their constituents in the performance of their constitutional duties. In Nigeria, there is no consensus of opinion on whether legislators after being elected into parliament constantly engage their constituents in policy decisions, until the next set of elections. The aim of this study was to examine legislative accountability as envisaged under the 1999 Constitution. The study focused mainly on the representational role of the National Assembly and its different models by evaluating its effectiveness. Thus several issues of legislative accountability were interrogated. The study adopted the doctrinal research methodology, using secondary data. The study examined whether there are enough constitutional mechanisms for the electorate to hold legislators accountable. The study analyzed the accountability mechanisms that are available to check the excesses of legislators, provided under the 1999 Constitution. These are free and fair election, recall, minimum sitting days’ requirement, sanctity of party label, presidential veto, judicial review, internal mechanism of suspension, and the absence of immunity from criminal trial for legislators. Since Nigeria’s constitutional practice is modeled after that of the United States of America, the study undertook a comparison of the American system in the context of the accountability mechanisms in order to draw useful lessons for Nigeria. The study found that the mechanism of recall is ineffective in enhancing legislative accountability due to its cumbersome process as provided in the 1999 Constitution. The study also found that election as a mechanism can only be effective if it is free and fair, which is hardly the case in Nigeria. It also found that although there are a number of mechanisms available in the 1999 Constitution to ensure accountability by the Legislature and its members, recall and periodic elections are the only formal accounting tools at the disposal of the electorates. The study proffered a detailed roadmap to legislative accountability. Consequently, the study identified novel measures such as roll-call, visible and recorded votes which can be adapted from the constitutional practice of the United States of America to promote effective legislative representation cum accountability in Nigeria. The Study recommends that these novel measures found in the U.S should be adopted in Nigeria in other to enhance legislative accountability.

Insanity defence remains one of the most complex and controversial doctrines in criminal law. At its core, it presents a legal mechanism through which a person suffering from a mental disorder at the time of committing an offence may be excused from criminal liability. This research explores the evolution of the insanity defence, with a particular focus on the M’Naghten Rules, which were formulated in 1843 following the landmark case of Daniel M’Naghten. These rules have since become the foundational legal standard for determining criminal responsibility in cases involving mental illness across many common law jurisdictions, including Nigeria. The study traces the historical development of the insanity defence, analysing its philosophical underpinnings, judicial interpretations, and practical application. It
critically assesses the doctrinal relevance of the M’Naghten Rules within contemporary legal and psychiatric contexts, especially in light of modern understandings of mental illness and cognitive incapacity. Using the doctrinal method, this work examines primary sources such as statutory provisions and case law, alongside secondary materials like textbooks, journal articles, and comparative analyses from other jurisdictions such as the United Kingdom, the United States, and Canada. A key focus of the research is how Nigerian courts have applied the M’Naghten Rules within the frameworks of the Criminal Code and Penal Code, and whether these applications align with evolving human rights standards and medical insights. The study concludes by identifying limitations in the current legal framework and proposes reforms aimed at achieving a more just and medically accurate approach to criminal responsibility in cases involving mental disorders

This research examines the legal, cultural, and human rights dimensions of the prohibition of same-sex relationships in Nigeria. The study is situated within the context of a profound national and international debate, sparked by the enactment of the Same-Sex Marriage (Prohibition) Act (SSMPA. The primary aim of this work is to conduct a multi-faceted examination of Nigeria’s stance on same-sex relationships. To achieve this, the study pursues several key objectives: to meticulously analyze the legal architecture of prohibition, encompassing the SSMPA, the Criminal Code, and the Penal Code; to interrogate the foundational role of deep-seated cultural and religious norms in shaping public opinion and legal enforcement; to crit cally investigate the consequent human rights implications for sexual minorities; to place the Nigerian system in a global context through a comparative analysis with jurisdictions including South Africa, Uganda, Kenya, the United States, the Netherlands, and Qatar; and finally, to propose legal and policy recommendations aimed at addressing identified gaps and contradictions within the existing framework. The theoretical framework is built on Natural Law theory, Cultural Relativism and Human Rights Universalism. This framework is not an isolated legal phenomenon but is deeply entrenched in and reinforced by a societal consensus rooted in conservative interpretations of Christianity and Islam, as well as traditional African values that prioritize procreation and defined gender roles. This domestic conflict is mirrored at the international level, where the laws contravene Nigeria’s commitments under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR)

The ubiquity of digital technology and the integration of computing and communication devices have bridged geographical distances and facilitated global connectivity. it’s amazing how we can now interact with people from different parts of the world with just a few clicks and taps. In less than 5 decades, the internet has expanded dramatically.transforming the way we communicate, acquire information and run businesses. it’s really fascinating how the internet has evolved and become an integral part of our lives.it has transitioned from a novelty to a crucial component that we rely on daily. Data 1estimates that the total number of internet users at the end of 2023 was around 5.3 billion, which amounted to 65.7 percent of the global population, of this total, 4.95 billion, or 61.4 percent of the world's population, were social media users While the technological advancement has brought myriads of advantages and improvements to various aspects of our lives.there’s also a downside to these development: an unfortunate increase in criminal activities.As opportunities arise so does the potential for crime; almost every stride is accompanied by an opportunity for criminals to exploit. Starting from the emergence of viruses, worms, and other malicious software in the 1980s and 1990s, the 2000s witnessed a surge in identity theft, online scams, and financial fraud

The phase independence of the judiciary is not a strange concept to any student or concerned citizen of any country including Nigeria. The concept of independence of the judiciary has long been introduced as an important ingredient to uphold the rule of law in any country. The independence of the judiciary in Nigeria is enshrined in Section 17 of Chapter 2 of The Constitution of the Federal Republic of Nigeria, 1999 which states that “the independence, impartiality and integrity of courts of law and easy accessibility thereto shall be secured and maintained”. Unfortunately, this chapter of the constitution is not justiciable, meaning that none of the objectives and principles set out in the chapter can be enforced. Thus, the instrument creating the Nigerian judiciary does not clearly provide for the enforcement of its independence. This is one of the reasons many often wonder if the judiciary is and can be independent. This paper seeks to answer the question, is the Nigerian judiciary independent? How free is the Nigerian judiciary from interference? In answering these questions, it is important to first understand the meaning of the words independence and judiciary, what constitutes an independent judiciary? This will include an illumination into the development and structure of the Nigerian Judiciary, the development of independence in the Nigerian judiciary since independence under the different constitutions and the military dispensation. The challenges to an independent judiciary in Nigeria will be discussed along with a brief comparison with other nations, in particular the United Kingdom from which most of our laws emanate.

State sovereignty, long regarded as the cornerstone of international law, encapsulates the dual concepts of rights and responsibilities vested in sovereign independent states. Originating from the Westphalian tradition of absolute sovereignty, this principle has undergone profound evolution to address the demands of an interconnected international system. This research study critically explores the dynamic relationship between state sovereignty and international law, emphasizing the evolving responsibilities that accompany existing rights of sovereign states in the modern era of global connectedness. The research study investigates the tension between state sovereignty and globalization, particularly in instances where certain conducts of sovereign states are subjected to the dictates and directives of the international legal order, with a view to keeping the peace of the international community, and fostering international relations through transnational development. It examines the role of international law and institutions, with special focus on the Rome Statute of the International Criminal Court (ICC), which seeks to uphold accountability for international crimes such as genocide, war crimes, and crimes against humanity. Furthermore, the research study analyzes key challenges to sovereignty, including the erosion of state immunity in cases of international crimes, the role of the United Nations in humanitarian interventions under the Responsibility to Protect (R2P) policy framework, and the influence of non-state actors in shaping policy outcomes. With an assessment of the implications of international norms and legal pluralism, the research study analyzes the evolving responsibilities of sovereign states within the context of globalization and the birth of a “new sovereignty.” This research primarily adopts a socio-legal perspective to unravel the complexities surrounding state sovereignty, contributing to the ongoing discourse on balancing the rights of states with their responsibilities under international law. It ultimately underscores the relevance of sovereignty as both a legal and moral
construct in an increasingly interconnected world.

Climate change poses significant environmental, economic, and social challenges globally, and Nigeria is no exception. This study examines the legal framework for combating climate change in Nigeria, with a focus on the policies, laws, and regulatory mechanisms designed to mitigate greenhouse gas emissions, promote sustainable development, and enhance resilience to climate-related risks. Through a comprehensive review of national legislation, international treaties, and policy instruments, including the Nigerian Climate Change Act, the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, and Nigeria’s commitments under the Paris Agreement, the study highlights the strengths and gaps in the current legal regime. Key challenges identified include inadequate enforcement mechanisms, limited public awareness, and insufficient integration of climate change considerations into sectoral laws. The study concludes that while Nigeria has made important legal strides in addressing climate change, effective implementation, harmonization of laws, and stronger institutional capacity are critical to achieving sustainable environmental outcomes. Recommendations include strengthening regulatory frameworks, enhancing inter-agency coordination, and promoting public participation in climate governance.

This essay focuses on the offence of rape with respect to the position of the law under the violence Against Persons (Prohibition) Act, 2015 which states that the offence of rape has gone beyond only men being capable of committing the offence of rape. The medium through which rape can be committed is the vagina, mouth and anus which is unlike the position of the law under the Criminal Code Act, Child Rights Act, Criminal Laws of Lagos State and the Penal Code which states that the offence of rape could only be committed through penetration of the vagina. Also, section 1(1)(a) of the Violence Against Persons (Prohibition) Act
provides that the penis is not the only instrument of rape. The instruments of rape includes objects, such as, pens, pencils and dildos. This project expands the o fence of rape under the Violence Against Persons (Prohibition) Act, 2015 and is to the aim that the Violence Against Persons (Prohibition) should be domesticated by every states in Nigeria and the definition of the offence of rape should be amended in various legislations which defines the offence of rape

The concept of same-sex marriage in recent times is one of the recurrent controversial issues universally, and this is especially so with its criminalization in some countries. It is not a new phenomenon. There are conflicting views on same sex relationships and nations of the world are at disparity on this score. With the passage of time, it is glaring that the law is being influenced as a result of growth and development of science. A controversial issue in the argument on same sex marriage in Nigeria is whether marriages between people of the same gender is foreign to Nigerian culture and tradition. The traditional marriage system in Nigeria has been particularly challenged by the rising visibility of same-sex relationships and marriages. Nigeria does not recognize or accept same sex relationships and this decision by the legislature is hinged on moral, religious and traditional values and the country has established this by passing the Same Sex Marriage (Prohibition) Act (SSMPA) 2014 into law. This law prohibiting same sex marriages and civil unions has been criticized by some of the international community on grounds that same sex activities are considered acts between two consenting adults as purely private affairs and ought not to be the state’s concern. A major question that arose with the implementation of the SSMPA was whether the new legislation would infringe the rights of the Lesbian, Gay, Bisexual and Transgenders (LGBTs) and in extension, the Nigerian Constitution which safeguards the rights of citizens. In light of the foregoing, this study examines the legality and framework of the anti-gay law in Nigeria and seeks to establish the impact same sex unions have on Nigerian culture, morals and the value system as a whole due to the fact that Nigeria is a highly moralist state