ABUAD Law Journal最新文献_第3页

Reappraising Effective Regulation in Preventing Human Organs Trafficking in Africa: Kenya and Nigeria in Perspective 重新评估在非洲防止人体器官贩运的有效监管:肯尼亚和尼日利亚的观点

ABUAD Law Journal Pub Date : 2022-07-29 DOI: 10.53982/alj.2022.1001.04-j

T. Adewumi, O. O. Ogunkorode

{"title":"Reappraising Effective Regulation in Preventing Human Organs Trafficking in Africa: Kenya and Nigeria in Perspective","authors":"T. Adewumi, O. O. Ogunkorode","doi":"10.53982/alj.2022.1001.04-j","DOIUrl":"https://doi.org/10.53982/alj.2022.1001.04-j","url":null,"abstract":"Over the years, the issue of illegal human organ harvesting and trafficking has been an international concern. There have been so many stories of victims being promised better opportunies overseas but ended up being untraceable all over the world. The news that most of these people seeking greener pastures abroad must have fallen victim to the illegal international human harvesting and trafficking syndicates is quite alarming. The government of the countries, their citizens to be wary of the \"too sweet to be true\" job opportunities abroad and a better life abroad. United Nations' concern on this issue brought about the resolution adopted by the General Assembly at its 73rd session held on 17 December2018 on strengthening and promoting effective measures and international cooperation on organ donation and transplantation to prevent and combat trafficking in person persons for organ removal and trafficking in human organs. This article examines the law relating to organ harvesting and trafficking in Nigeria and Kenya putting into consideration the United Nations resolution. The article observes that Nigeria with its Trafficking in Person (Prohibition) Law Enforcement and Administration Act 2015 and Kenya with the Counter-Trafficking In Persons Act No. 8 of 2010 are yet to adopt the United Nations General Assembly resolution on strengthening and promoting effective measures and international cooperation on organ donation and transplanation to prevent and combat trafficking in persons for organ removal and trafficking in human organs. The article recommends total conformity with theUN resolution.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133537418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Jurisprudential Examination of the Constituent Kernels of Fair Hearing 公正听证构成要素的法理考察

ABUAD Law Journal Pub Date : 2022-07-29 DOI: 10.53982/alj.2022.1001.01-j

Cletus Ojumu, Aruwa Emeje, Patrick Okereke Nwajah

{"title":"Jurisprudential Examination of the Constituent Kernels of Fair Hearing","authors":"Cletus Ojumu, Aruwa Emeje, Patrick Okereke Nwajah","doi":"10.53982/alj.2022.1001.01-j","DOIUrl":"https://doi.org/10.53982/alj.2022.1001.01-j","url":null,"abstract":"The importance of fair hearing in the administration of justice can never be underestimated in the existence of mankind. Fair hearing is ordained by God and that is why God gave Adam and Eve the opportunity of being heard before giving them punishment, ditto to Cain. The right to fair hearing requires that an individual shall not be penalised by a decision affecting his rights or legitimate expectations unless he has been given prior notice of the case against him, a fair opportunity to answer it and the opportunity to present his own case against. It also requires that the person hearing the matter be an unbiased person and should not have a likelihood of bias. It is founded on the twin pillars of justice expressed in Latin maxim Audi alteram partem and Nemo judex in causa sua. This article examines the principles of fair hearing andits constituent elements in our adversarial jurisprudence. It achieves this through doctrinal method of research using primary sources; Constitution,statutes,conventionsand case laws and secondary sources materials; books, journal articles and online materials as the methodology of this research.The paper finds that in every adjudicatory proceedings, all parties must be placed on an equal platform and given an opportunity to testify before a balanced and an impartial judge acceptable to all as fair and just. The paper recommends that Judges and those sitting over disputes must ensure fair hearing principles is observed and eschew bias or likelihood of bias or sentiments which will put a stumbling block to the adjudicatory wheel of fair trial.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132701050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Framework on Land Administration in Nigeria 尼日利亚土地管理法律框架

ABUAD Law Journal Pub Date : 2022-07-29 DOI: 10.53982/alj.2022.1001.03-j

M. Alkali

引用次数: 0

The Protection of Performers’ Rights under the Copyright Act 2022: A Critique 《2022年版权法》对表演者权利的保护:一个批判

ABUAD Law Journal Pub Date : 2022-07-29 DOI: 10.53982/alj.2022.1001.05-j

S. Alabi

{"title":"The Protection of Performers’ Rights under the Copyright Act 2022: A Critique","authors":"S. Alabi","doi":"10.53982/alj.2022.1001.05-j","DOIUrl":"https://doi.org/10.53982/alj.2022.1001.05-j","url":null,"abstract":"The protection of Neighbouring Rights is an essential aspect of the legal regime of copyright in every jurisdiction. This is more so in Nigeria where there has been an explosion of the film industry, musical performances and radio and television broadcasting which these rights protect and an even greater explosion of technology with which rights protectable under copyright statutes can be infringed upon. The Nigerian Copyright Act Cap. C28 Laws of the Federation of Nigeria 2004 made copious provisions for the protection of Neighbouring Rights in Part II thereof. However, over time, these provisions became inadequateto secure the protectable interests of performers with the increase in open and sleuth technology and the tenacity of infringers to undermine the interests of rights owners. The agitation of stakeholders to review the statute to accommodate new challenges in the industry has yielded fruit with the signing into law of the new Nigerian Copyright Act 2022 by former President Muhammadu Buhari. This paper looks at the provisions of the new Act to ascertain how well they protect performers’ rights against the background of the challenges that led to a review of the old Act. The paper does a comparison of the new provisions with the old provisions and with provisions in similar jurisdictions outside Nigeria. The paper finds that the new Act has greatly improved the protection available to performers and adequately meets international standards.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122150801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Procedures for Admitting Confessional Statements under the Evidence Act, 2011, Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States: Inconsistent or Complimentary? 2011年《证据法》、2015年《刑事司法管理法》和各州刑事司法管理法下的认罪程序:不一致还是互补?

ABUAD Law Journal Pub Date : 2020-06-30 DOI: 10.53982/alj.2020.0801.08-j

Omotan Olusola Ogunmodede

{"title":"Procedures for Admitting Confessional Statements under the Evidence Act, 2011, Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States: Inconsistent or Complimentary?","authors":"Omotan Olusola Ogunmodede","doi":"10.53982/alj.2020.0801.08-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.08-j","url":null,"abstract":"Confessional statements are very vital in Nigeria’s administration of criminal justice as many convictions are based on confessional statements. The major laws regulating the admissibility of confessional statements in Nigeria are Evidence Act 2011, Administration of Criminal Justice Act 2015 and Administration of Criminal Justice Laws of various States. The provisions of these laws seem to be inconsistent and create confusion on the admissibility of confessional statements. This paper defines and examines confessional statements under the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States. The paper examines various court decisions on the “conflicts” between the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws. The paper finds that the Evidence Act solely determines the admissibility of confessional statements while the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws in conjunction with other evidence determines the weight to be attached to a confessional statement. The paper concludes that the Evidence Act and Administration of Criminal Justice Act 2015/ the Administration of Criminal Justice Law are therefore complementary rather than inconsistent.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121367389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Critique of the Exclusive Jurisdiction of the High Court over Statutory Marriages and Other Incidental Matters 高等法院对法定婚姻和其他附带事项的专属管辖权批判

ABUAD Law Journal Pub Date : 2020-06-30 DOI: 10.53982/alj.2020.0801.03-j

Mabel Osato Oniha

{"title":"Critique of the Exclusive Jurisdiction of the High Court over Statutory Marriages and Other Incidental Matters","authors":"Mabel Osato Oniha","doi":"10.53982/alj.2020.0801.03-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.03-j","url":null,"abstract":"It is common knowledge that all lawyers in Nigeria who want to file matrimonial matters bordering on Statutory Marriages head to the High Court. This is because it has been so from time immemorial and has continued to be so. It is of no contention that the High Court has jurisdiction over Statutory Marriages by law. The bone of contention rather is the seemingly exclusive jurisdiction conferred on it. What is the basis upon which this exclusivity of jurisdiction of the High Court on Act marriages lie? A thorough search through the laws has shown that there is a provision conferring jurisdiction on the High Court but non conferring exclusive Jurisdiction on same. To get to the root of this conclusion, doctrinal method was used. This revealed that other courts outside the High Court share jurisdiction with the High Court in addressing Act marriages under the Act. To cure this wrong perception among lawyers, it is recommended that the provisions of the law empowering the High Court and other Courts alongside to adjudicate on Statutory Marriages should be brought to the knowledge of the lawyers. Judges of the High Courts can help educate lawyers who appear before them.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128513516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Treading a Path for Effective Renewable Energy Regulation in Nigeria: Lessons from Brazil 尼日利亚可再生能源有效监管之路:巴西的经验教训

ABUAD Law Journal Pub Date : 2020-06-30 DOI: 10.53982/alj.2020.0801.06-j

Victor Junior Odebala

{"title":"Treading a Path for Effective Renewable Energy Regulation in Nigeria: Lessons from Brazil","authors":"Victor Junior Odebala","doi":"10.53982/alj.2020.0801.06-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.06-j","url":null,"abstract":"Rising temperatures, rising sea levels, droughts and other climate change induced variants are mounting pressure on national governments to reassess their commitment to global climate change goals and their general approach to energy production and consumption within their territories. Renewable energy has become a recurring theme in the drive towards attaining clean energy and maintaining a sustainable culture. Failing to reconcile with this reality will result in negative environmental, as well as economic consequences on any nation, as less and less investment are being made in conventional energy sources. This paper aims to assess Nigeria’s current attitude to renewable energy development from the perspective of the nation’s regulatory framework. Using a comparative analysis methodology, it finds the presence of an indirect and inefficient regulatory regime on renewable energy in the country. It compares this to Brazil’s regulatory regime where it finds a comprehensible and direct regulatory structure. It asserts that the success of the Brazilian renewable energy integration is attributable to the presence of a detailed energy licensing process, direct legislation, supported research and development scheme and adequate market strategy for renewable energy. Recommendations were made along this line for more efficient renewable energy regulation in Nigeria.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125729974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Doctrine of Frustration and Force Majeure in the Face of Covid 19: Effects in Contracts of International Carriage 新冠肺炎疫情下的挫折与不可抗力原则:对国际运输合同的影响

ABUAD Law Journal Pub Date : 2020-06-30 DOI: 10.53982/alj.2020.0801.04-j

O. Oladele, Jerry Danor, A. A. Alake

{"title":"The Doctrine of Frustration and Force Majeure in the Face of Covid 19: Effects in Contracts of International Carriage","authors":"O. Oladele, Jerry Danor, A. A. Alake","doi":"10.53982/alj.2020.0801.04-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.04-j","url":null,"abstract":"Generally, parties to a contract are bound by the terms and conditions of the contract. However, the obligation on a contracting party to fulfill its part of the contract is subject to unforeseeable events that may render the contract incapable of performance. These unforeseeable events can operate to bring the contract to an end, as it is regarded in law as the doctrine of frustration. However, parties can insert force majeure clause in the contract in order to define the scope of events that can discharge parties from performance of the contract. Contracts generally have been impacted by the outbreak of the Covid 19 pandemic as many contracts have been impossible of performance due to the restriction on movements and lockdown worldwide. The aviation industry is never the least affected as the Covid 19 pandemic prevented airlines from operating and fulfilling contracts of carriage of goods and passengers from one country to another even when contracts have been entered before the pandemic. This paper seeks to address the impact of Covid 19 on contracts generally, the position of the law on contracts impacted by frustrating events such as Covid 19 and with particular focus on aviation contracts. That is our recommendation that parties should insert force majeure clauses in their agreement in other to clearly define events that would operate to frustrate the contract and for ease of interpretation.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126628626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Contract Law in an Era of Technology: Examining Liability in Smart Contract Transactions 技术时代的合同法:智能合约交易中的责任审查

ABUAD Law Journal Pub Date : 2020-06-30 DOI: 10.53982/alj.2020.0801.05-j

Tega Edema

{"title":"Contract Law in an Era of Technology: Examining Liability in Smart Contract Transactions","authors":"Tega Edema","doi":"10.53982/alj.2020.0801.05-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.05-j","url":null,"abstract":"The growing use of smart contracts in a wide range of transactions has raised a deluge of legal issues, including allocation of liability in such transactions. In many circumstances, using smart contracts involves a range of legal risks that might be distributed beyond the contractual parties to other parties, such as the developers of the smart contract code. While smart contracts have the potential to disrupt the current legal and transactional status quo, notorious occurrences such as attacks on Ethereum or Bitcoin platforms highlight the need to properly dissect the issue of liability and rightly apportion liability where it falls. This also includes working on any lapses in the existing legal and transactional framework to cater for these issues. This article sets out to examine the validity of smart contracts in the light of existing contract law principles. It examined the legal regime and development of smart contracts in Nigeria. It further discussed the problem of allocation of liability associated with smart contracts. It made certain propositions on how these issues could be tackled including the amendment of existing legal framework to aptly provide for and regulate the smart contracts era particularly in Nigeria. The doctrinal method of research was employed to dissect the issues raised and discussed in the article. Relevant texts were scrutinized and analyzed to arrive at the findings and recommendations contained in the article.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124374496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Repositioning the Trademark Registration and Opposition Proceedings in Nigeria for Greater Efficiency: A Call for Legislative Intervention 重新定位尼日利亚的商标注册和异议程序以提高效率:呼吁立法干预

ABUAD Law Journal Pub Date : 2020-06-30 DOI: 10.53982/alj.2020.0801.02-j

Abounu Peter Onyilo

{"title":"Repositioning the Trademark Registration and Opposition Proceedings in Nigeria for Greater Efficiency: A Call for Legislative Intervention","authors":"Abounu Peter Onyilo","doi":"10.53982/alj.2020.0801.02-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.02-j","url":null,"abstract":"In the world of increasing globalization and the aggressive growth of the creative economy, the importance of intellectual property (IP) to ensure freedom of fair competition and respect for honesty in trade cannot be overemphasized. Trademarks are important components of the IP system which have strong influence on investment and marketing decisions. Protected trademarks are granted monopolies by government and enforced by the courts in favor of merchants who reserve them. Save in exceptional circumstances, trademarks are protected through registration. The Nigeria Trademark Act makes provisions for guidelines and procedure for the registration of trademarks and opposition thereto. However, it is doubtful if the Nigeria Trademark Act and its Regulations made almost six decades ago are still in conformity with the global trends in trademark registration and opposition proceedings. Therefore, this work seeks to examine trademark registration and opposition in Nigeria in the light of practical realities with a view to suggest ways for improved effectiveness and efficiency. The paper adopted doctrinal research approach. The main sources of information and data collection for this study were the relevant statutes, case laws, textbooks, articles and the internet. The work found that it is imperative to improve trademark registration and opposition proceedings in Nigeria in consonance with the universal trends in trademark practice and administration. The paper recommended inter alia, for the amendment of the Trademark Act and Regulations with a view to establishing a full-fledged trademark tribunal with its composition, powers, finances and administration for expedited opposition hearing process.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124121941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0