Faculty of Law

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Abuja Peoples of Nigeria as Indigenous Peoples in International Law
(INTERNATIONAL JOURNAL ON MINORITY AND GROUP, 2018-02-02) Barnabas Sylvanus Gbendazhi
There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of Ips. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs' rights can learn from the evolution of international children's rights law.
An Appraisal of Nuclear Weapons Law: With Reference to its Enforcement
(Department of Public Law, Kogi State University, Anyigba Nigeria, 2012) Alkali, Fatima
An Appraisal of Nuclear Weapons Under International Humanitarian Law
(University of Maiduguri, 2013-04-04) Alkali, Fatima
The most humane principles for the protection of human beings and the natural environment during armed conflict are contained in the rich corpus of international Humanitarian Law (IHL). Principles of IHL have set a high standard for acceptable weapons in warfare, hence IHL has been the mechanism through which the international community has prohibited the use and production of several weapons that cause superfluous injury. Nuclear weapon states have for decades maintained the validity of the possession of nuclear weapons upon the doctrine of nuclear deterrence. As the world faces new and imminent security challenges, the questions of the continued sustenance of nuclear weapons vis. -a- vis. the need to eliminate them in the interest of preservation of world peace and security assume greater relevance. With its rules on limitation of weapons of war, IHR seems to be appropriate law to turn to in this context and this position has been upheld by the International Court of Justice
An Appraisal of the Legal and Institutional Frameworks for the Award of Reparations to Victims of Conflict-Related Sexual Violence
(NBA Garki Branch, Abuja (Liberty Bar), 2024-04-04) Alkali, Fatima; Alkali, Amina Nur
Nigeria has been in a state of internal armed conflict since 2013. Since the outbreak of Boko Haram led armed conflict, the number of reported cases of sexual violence against women and girls has been on the rise. the abduction of these categories of vulnerable non-participant victims of the conflict have also become common-place. The crime of sexual violence is committed not only in host communities but in camps of internally displaced persons (IDPs) and detention centres, where the victims are meant to be protected by law enforcement authorities. Although the armed conflict is not over, there is a gradual abatement thereof and some of the victims that had been displaced are gradually returning back to their homes while others remain in IDP camps . as part of post-conflict transitional justice mechanisms, it is significant that the victims of dreadful acts of sexual violence are identified and their injuries redressed in a system of reparations. Nigeria is a party to many international treaties that protect the rights of persons against sexual violence and in some cases, provide the right to reparations. Nigeria, therefore, has the legal obligation to implement the rights stipulated in these treaties. There are other domestic legal frameworks and policies that support the right of reparations to victims of armed conflict and projecting these is poised at creating awareness for the implementation of these rights.
Assessing the Role of TRIPS Agreement for Inaccessibility and Un-affordability of Essential Medicines in Nigeria
(Journal of Commerce & Trade, 2015-02-02) Dubagari Umar Abubakar
Intellectual property rights (IPRs) protection was not recognised in Nigeria and essential medicines were accessible and affordable to all but reverse is the case with the implementation of TRIPS agreement on IPRs. This resulted in inordinate policy formulation and implementation that exacerbates the public health care despite Nigeria’s endowment with enormous human and natural resources. This paper argues that patents protection hinders access and affordability to essential medicines in Nigeria. It also argues that pharmaceutical companies prevent developing countries from utilising the TRIPS flexibilities to access essential medicines for their citizens. It concludes that access and affordability to essential medicines are additional challenges to Nigeria. The paper is based on the anti-corporate globalisation movement theory. The theory advocates for a world structured by human values other than greed and domination, one less dominated by the culture and values of global capital. The economic, political, and cultural interconnectedness signified by globalisation is irreversible and possibly a good thing, this interconnection, could potentially serve the interests of people and the earth, not just the elites. Although the rich and powerful have shaped globalisation in their interest, the anti-globalisation theory is a counter-movement that seeks to reshape the interconnected world in the interests of people and the planet
Asymmetric Power Relations and International Trade Law
(Routledge, 2024-11-28) Agbo-Ejeh, Inebu C.
The connection of the African continent to the colonial past has become a matrix structure fostering the peremptory design of the former colonial powers. The thread that runs through the book is that like the colonial legal construct, the multilateral trading system is asymmetrical as promoted by the core, led by the United States and Britain. Similarly, the bilateral trade agreement between the core and peripheral countries is steeped in colonial relics, which perceived the latter not as an equal but as a client, who needs constant guidance without their contribution to the mode of direction. As a result, the enthusiasm for the idea of embedded liberalism in the multilateral trading system is not shared by many because it failed to take into account the peripheral group; who, on account of their lack of capacity and poor infrastructure, have not taken advantage of the exceptions provided in the General Agreement on Tariff and Trade/World Trade Organization law. Free trade compromise has brought about the pugnacious economic disparity between developed and developing countries.
Asymmetrical power relations: a legal analysis of the European Union and Economic Community of West African States Economic Partnership Agreement
(UNIVERSITY OF CAPE TOWN FACULTY OF LAW, 2022-02-10) Agbo-Ejeh, Inebu C.
Preparatory to the Economic Partnership Agreements (EPAs) negotiation, the former European Union Trade Commissioner, Peter Mandelson, declares that African countries have the right to benefit from their own comparative advantage. He further stated that the EPAs would, inevitably, herald the end of the colonial ideological construct of the previous trading system and usher in mutually beneficial economic development. However, as negotiated between the EU and ECOWAS, the EPA reflects a ‘systemic' asymmetry originating in colonialism to a certain extent. This thesis argued that just as the GATT advanced a structure of trade liberalisation and trade laws that perpetuate asymmetry in favour of the developed countries, the EU-African Caribbean and Pacific (ACP) countries EPAs, which promote free trade, are likely to continue the asymmetry between the EU-ACP countries and the EU-ECOWAS in particular. In order to gather in-depth insights into the EU-ECOWAS Economic Partnership Agreement, empirical evidence was used to triangulate between primary and secondary sources, mainly in chapters five to seven of this thesis for analysis. This method involved interviews in ECOWA with Commission, Ministries in Ghana, Nigeria and archival documents obtained from organisations. The approach offers an effective means to gain insights into the real issues canvassed by the opponents of the EPA and the current impasse in the trade relationship between the two regions. Ghana and Nigeria are employed as case studies for the EU's trade relations with West Africa. The study finds that the special and differential treatment provisions in the EU-Ghana EPA text are insufficient to support the economic development of Ghana. Although power asymmetry permeates relations between Nigeria and the EU, it does not necessarily determine that the outcome of these interactions will always favour the EU. It also finds that Nigeria is not as dependent as Ghana on the EU for its trade and investment relations because the former exports oil to the EU tax free. Moreover, Nigeria's trade and economic strategies are to strengthen its bilateral trade and investment relationship with the United Kingdom post-Brexit. The thesis concludes that notwithstanding that the proponents of the EPAs stated that the objective of the EPAs would be to promote free trade and economic development of the ACP countries; the conduct of the EU in the negotiations, the textual interpretation of GATT Article XXIV and the text of the agreements indicate that the EU-ECOWAS EPA is likely to reinforce asymmetry in the trade relationship between it and countries that signed the agreements.
Economic Partnership Agreement between ECOWAS-EU in Relation to the Principle of Economic Duress
(IFE Business Law Review, 2024-10-17) Agbo-Ejeh, Inebu C.
The nexus between international cooperation and economic relations among states cannot be over emphasized. It is, therefore, imperative for mechanisms to be put in place to safeguard the interest of all states irrespective of the region individual States belong. To break the monolith of the dominant powers of a party during negotiations with a weak party can create a new capacity and close the sharp developmental divide between poor and rich countries. This paper argued that the principle of economic duress be incorporated into WTO Law. This argument is based on the fact that the WTO regulates Regional Trade Area extensively, it has the apparatus to incorporate a principle of law to regulate the conduct of countries engaged in Regional Trade Area negotiations. As Cass suggested, it is important for the trading system to represent the viewpoint of the political community1and in the context of this paper, to ensure that weak members are legally protected from undue economic pressure. It is believed that members who signed the Economic Partnership Agreements were coerced by the EU, which relied on its dominant powers and influence over some members. West Africa for instance, depends on the EU for trade and financial aid. Due to the inadequacies of the WTO rules, there is a need to formulate a revised system of rules that comprehensively protects the developing countries. Negotiations resulting in reciprocal agreements will in the short and long terms harm the developmental objectives which the EU claims to pursue for ACP countries. The article explores the EU and Africa, Caribbean and Pacific countries’ agreements, with a particular focus on article 49 of the Vienna Convention on the Law of Treaty in the context of WTO’s legal capacity to regulate regional trade to answer the question if the WTO can incorporate the principle of economic duress to regulate bilateral trade negotiations to better protect the interests of all parties, especially the developing countries.
Introduction: Asymmetric Power Relations and International Trade Law
(Routledge, 2025-05-13) Agbo-Ejeh, Inebu C.
Islamic Perspective in International Humanitarian Law (IHL): The Concept of Justice in War
(University of Abuja Press, 2013) Alkali, Fatima
As far back as the 7th century in the Arabian Peninsula, humanitarian rules and principles were specified in the sacred text of the Holy Qur’an and the traditions of Prophet Muhammad, to regulate the conduct of war. These rules and principles have predated the evolution of International Humanitarian Law (IHL), which universally governs the conduct of war in the present age. An examination of the corpus of Islamic humanitarian law and IHL reveals similarities and areas in both bodies of law, a fact which accentuates the universality of humanitarian principles and strengthens the role of humanitarian law in society.
Legal Solutions to The Dilemmas in Enforcing Income Tax Regimes in Nigeria
(International Journal of Research and Innovation in Social Science (IJRISS), 2022-01-02) Ocheme, Peter Agbo; Agbo-Ejeh, Inebu C.
Taxation for any society, including Nigeria, is an indispensable means of economic development. Developing countries can attain economic development through marshalling internal resources by enforcing tax policy constructively. Nevertheless, there is hardly a voluntary yield to each call for tax payment either by the individual or a corporate organization. Piqued by the dilemma of involuntariness in income tax extraction or payments, this research embarked on the doctrinal investigation of the Law (statutory and and others) to understanding the amplitudes of easing such dilemmas. This paper contends that Nigerian income tax systems are principally meant to fund government projects and expenditures rather than instruments for socio-economic improvements. This realization breeds not only distrust as between the taxpayers and the tax collectors, but discourages the voluntariness in disclosures of taxable incomes and distortions in real collections and related statistical records There are number of other reasons discovered by the research as impediments to efficacious income tax regimes in Nigeria. Some of these are lack of adequate logistics, undue political interference, slow judicial process, bribery and corruption, unskilled, poorly motivated staff, and sheer ignorance. The Paper provided suggested changes in legal and non-legal approaches, especially with respect to socio political and fiscal policies over which the tax-payers’ monies were to be applied. The paper concludes that trust in tax authority would increase if there is internal and external institutional integrity, thereby minimizing tax payment defiance in the country.
Legal Control of Advertisement and its Effectiveness towards Environmental Protection in Nigeria
(Kogi State University, 2010-02-02) Mohammed. Muktar A.; Alkali, Fatima
Multilateral and Bilateral Trade Agreements at the Service of ‘Common Interest’
(World Trade Institute, 2023-12-12) Agbo-Ejeh, Inebu C.
Common interest or community interest is a term that is frequently used in contemporary international law. Undoubtedly, there is a shift from the traditional international law concept of co-existence to cooperation. Due to a shared interest in other areas of inter-state relations and concerns, like eradication of poverty, and development, common interest has become a central focus. As a result, the international trading regime, which was integrated into the World Trade Organization, has gone beyond reciprocity to addressing issues of development in less developed countries. It is believed that common interest is addressed by two principles in the World Trade Organization—reciprocity and special and differential treatment. Common interest is also addressed in bilateral agreements, for example, the Economic Partnership Agreement between the EU and countries in Africa. It is maintained that reciprocity correlates with a common interest in the context of ensuring mutual benefits to all WTO Members and at the same time assisting less developed countries that are also members of the WTO. This work underscores the importance of special and differential treatment, notwithstanding its controversial origin and hortatory provisions
Regulating ‘God’s Business’
(Benue State University Law Journal, 2023) Agbo-Ejeh, Inebu C.
The Companies and Allied Matters Act of 2020 serves as the governing law for business entities and nonprofits in Nigeria. This Act has sparked controversy among faith-based groups and Non Governmental Organisations (NGOs) nationwide. While many commend this new framework for facilitating business operations, it has also introduced provisions that these faith groups and NGOs find demanding and rigid. Moreover, the Act is perceived to have significant implications, with nonprofits feeling it encroaches on their religious freedoms. Critics argue that since the government does not support nonprofits as seen in other countries, it should not impose such extensive regulations. This paper argues that nonprofits and NGOs in Nigeria enjoy a certain degree of tax exemption. If any religious organisation’s privileges are misused, the government is justified in its regulation. Additionally, this paper explores the various points outlined in Part F of CAMA, concluding that the Act aims to prevent misconduct, mismanagement, and fraud within nonprofits and faith organisations to enhance public trust.
Restorative Justice in the South African Truth and Reconciliation Commission
(Journal of Customary and Religious Law, 2025-02-02) Momodu Fatima; Melike Yilmaz
The Truth and Reconciliation Commission (TRC) , established in South Africa, is a model for other TRC because it addresses the injustice, reparations, and healing processes that took place during the postapartheid era in South Africa, which has been classified as a crime against humanity. It is critical to consider how restorative justice is applied and the kinds of remedies it might provide for South Africa. The victims, their families, society, and the country can benefit from restorative justice. Restorative justice seeks to bring about healing by viewing trauma as a social problem that everyone in society must deal with rather than an individual issue since trauma is a common experience that is collectivelyshared. This paper uses the doctrinal research methodology to employ restorative justice in resolving the education conflict in postapartheid South Africa. The Bantu Education Law during the apartheid regime in South Africa severely limited black people’s right to an education. This resulted in a generation-long conflict that is challenging to resolve, one that has also had an impact on future generations. Restorative justice, which was tried in South Africa after apartheid, provided an avenue to resolve this conflict and provided the only way to start talks that would lead to positive peace. The simplest definition of restorative justice’s fundamental tenet is “repairing damage, replacing it, or compensating it.
Russia’s War Against Ukraine
(American Journal of Society and Law ( AJSL), 2023-02-02) Bukar Muhammad Ibrahim
In February 2022, Russian forces invaded Ukraine and began targeting military objectives in some major Ukrainian cities. In the following months, airstrikes continued and extended to other areas of Ukraine, including the capital Kyiv. Attacks started being conducted against civilians too. For instance, it has been reported that an apartment complex outside of Kharkiv was directly targeted. International humanitarian law, or the laws of war, protects civilians and noncombatants from the dangers of armed conflict. It addresses the conduct of hostilities-the means and methods of warfare - by all parties to a conflict. Foremost is the rule that parties to a conflict must always distinguish between combatants and civilians. While humanitarian law recognizes that some civilian casualties are inevitable during hostilities, it imposes a duty on parties to the conflict to distinguish between combatants and civilians at all times, and to target only combatants and other military objectives. Civilians lose their immunity from attack when they are “directly participating in the hostilities” - such as by assisting combatants during a battle. This article aimed to contribute to the understanding of the contravention of the international legal framework that regulates the use of force in the Russia - Ukraine armed conflict and how a powerful member of the United Nations Security Council (UNSC) deliberately circumvented treaty provisions on the use of force. The article concludes with a sidebar of the need to exploit avenues for accountability that will help to forestall future occurrences.
Same Sex Marriage, Human Rights and Death Penalty
(IISTE, 2016-02-02) Dubagari Umar Abubakar
There has been a growing movement in a number of countries to regard marriage as a right which should be extended to gay and lesbian couples. The agitations for legal recognition of same-sex marriage cut across race, ethnicity, age, religion, political affiliation, and socio-economic status. This is a serious challenge to marriage as a sacrosanct institution. However, the response to these agitations varies from one country to the other with religion and culture as determinant factor. Islam prescribed capital punishment for same sex marriage and treats the couples as miscreant, while the Common Law sees same sex marriage as fundamental human rights and abrogated capital punishment. But freedom of religion is in itself a fundamental right. In contradistinction with law as the will of the people, religion is a complete way of life to the Muslims.
Same Sex Marriage, Human Rights and Death Penalty
(Journal of Philosophy, Culture and Religion, 2016-02-02) Dubagari Umar Abubakar
There has been a growing movement in a number of countries to regard marriage as a right which should be extended to gay and lesbian couples. The agitations for legal recognition of same-sex marriage cut across race, ethnicity, age, religion, political affiliation, and socio-economic status. This is a serious challenge to marriage as a sacrosanct institution. However, the response to these agitations varies from one country to the other with religion and culture as determinant factor. Islam prescribed capital punishment for same sex marriage and treats the couples as miscreant, while the Common Law sees same sex marriage as fundamental human rights and abrogated capital punishment. But freedom of religion is in itself a fundamental right. In contradistinction with law as the will of the people, religion is a complete way of life to the Muslims.
The Doctrine of Nuclear Detterence: A Lingering Constraint on Nuclear Weapons Law
(Department of Public Law, Faculty of Law, University of Maiduguri, 2014-07-02) Alkali, Fatima
The world has been plagued by armed conflict for many centuries preceding the development of nuclear weapons. Nuclear Deterrence theorists maintain that the world has enjoyed greater peace since World War II because of the existence of nuclear weapons, constituting a deterrent factor to war. If this theory is tenable, then the security of the world is invariably safeguarded by the presence of nuclear weapons and a move to completely eliminate them will inevitably reverse the progress made towards safeguarding the world. While nuclear weapons' advocates argues that the security of the world is safeguarded by the possession of nuclear weapons by states, anti-nuclear weapons' advocates argued that the security of the world is endangered by the continued existence and proliferation of nuclear weapons. They argue, also, that the probability of the elimination of nuclear weapons would increase if the nuclear deterrence doctrine were invalidated. The ultimate inquiry, therefore, would be whether the elimination of nuclear weapons would be detrimental or beneficial to the preservation of world peace and security. to determine the question, it is imperative to examine the accuracy of the nuclear deterrence theory because it plays a fundamental role in the preservation of nuclear weapons in the military arsenals and defense policies of states. If nuclear weapons actually play a positive role towards the maintenance of world peace and security, that singular fact negates the importance of the legal framework of their elimination
The implications and effects of ChatGPT on academic scholarship and authorship
(INFORMATION & COMMUNICATIONS TECHNOLOGY LAW, 2023-02-02) Momodu Fatima; Ayodele Morocco-Clarke; Abubakar Sodangi Fadila
ChatGPT, an artificial intelligence large language model, took the world by storm in November 2022. Its launch was met with excitement, and it garnered over 1 million users within the first five days of its releas , surpassing social media giants like Facebook, Instagram, Twitter and even the top search engine, Google. Having been trained on volumes of data, ChatGPT has displayed the ability to produce human-like responses to questions. Concerns have been raised among members of the academic and research community regarding the ethical usage of ChatGPT and language models in education and academic/ scientific research. This paper examines the development and rise of ChatGPT and similar AI tools, their pros and cons, their impact on academic research and possible intellectual propertyconflicts. It concludes that ChatGPT and language models are here to stay and makes recommendations for its ethical usage to prevent and detect plagiarism and protect intellectual property rights.