African Journal of Legal Studies最新文献

The 30% Gender Quota Law in Sierra Leone: A Game Changer for Women’s Access to Parliament? 塞拉利昂 30% 的性别配额法：改变妇女进入议会的游戏规则？

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African Journal of Legal Studies Pub Date : 2024-07-31 DOI: 10.1163/17087384-12340109

Victoria Melkisedeck Lihiru

{"title":"The 30% Gender Quota Law in Sierra Leone: A Game Changer for Women’s Access to Parliament?","authors":"Victoria Melkisedeck Lihiru","doi":"10.1163/17087384-12340109","DOIUrl":"https://doi.org/10.1163/17087384-12340109","url":null,"abstract":"The June 2023 elections in Sierra Leone occurred against the backdrop of amendments to the Public Elections Act (pea), the enactment of the Gender Equality and Women’s Empowerment Act (gewe), and a switch from the First Past the Post (fptp) electoral system to the Proportional Representation (pr) electoral system. For the first time in Sierra Leone’s history, law reforms, among other things, introduced a 30% gender quota rule for parliamentary and councillorship seats. After the 2023 elections, women won 41 out of the 135 elected parliamentary seats, increasing the percentage of women parliamentarians from 12.32% in the 2018 elections to 30.37%. Despite the increase, there have been concerns about the overall effectiveness of the gender quota rule in facilitating women’s access to parliamentary seats. The gender quota rule is set below 50%, is not accompanied by the candidates’ ranking order, does not apply in the election of 14 paramount chiefs, and operates within poor data desegregation of the candidates. This article highlights the required reforms to address the identified legal challenges to facilitate women’s equal access to representation in Sierra Leone’s Parliament.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"217 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141885400","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

Cybercrime Investigation and Prosecution in Nigeria: Bridging the Gaps 尼日利亚的网络犯罪调查与起诉：缩小差距

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African Journal of Legal Studies Pub Date : 2024-07-31 DOI: 10.1163/17087384-12340108

Ifeoma E. Nwafor

{"title":"Cybercrime Investigation and Prosecution in Nigeria: Bridging the Gaps","authors":"Ifeoma E. Nwafor","doi":"10.1163/17087384-12340108","DOIUrl":"https://doi.org/10.1163/17087384-12340108","url":null,"abstract":"The investigatory framework of cybercrime is as essential as the legal and institutional framework governing cybercrime. This article argues that an effective investigation process is fundamental to the effective prosecution of cybercrime offences. Cybercrime investigation involves digital forensics, intelligence gathering, lawful interception, and use of communication data and internet networks. At its core, cybercrime investigation necessitates a comprehensive cybercrime investigation framework backed by a legal framework that ensures effective evidence collection, preservation, and analysis. This article evaluates the cybercrime investigation structure in Nigeria and highlights the gaps in Nigeria’s regulatory framework. It identifies the challenges that hinder Nigeria’s successful investigation and prosecution of cybercrime offences. The study adopts a comparative methodology by juxtaposing cybercrime investigation in Nigeria with the law and practice in the United Kingdom (UK). The UK has a robust cybercrime investigation framework, strengthened by its Cyber Security Strategy 2022. The findings show that, unlike the UK’s Regulation of Investigatory Powers Act, 2000 and the Investigatory Powers Act, 2016, the Nigerian Cybercrimes (Amendment) Act, 2024, the Administration of Criminal Justice Act, 2015 and other laws, are silent on essential investigatory initiatives, steps and specialised powers. The study proposes a practical cybercrime investigation framework to implement Nigeria’s effective prosecution of cybercrime offences.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"75 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141885401","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

An Assessment of the Impact of Corporate-Driven Foreign Land Investments on Selected Human Rights in Mozambique 公司驱动的外国土地投资对莫桑比克部分人权的影响评估

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African Journal of Legal Studies Pub Date : 2024-07-10 DOI: 10.1163/17087384-bja10095

Bhavna Mahadew

{"title":"An Assessment of the Impact of Corporate-Driven Foreign Land Investments on Selected Human Rights in Mozambique","authors":"Bhavna Mahadew","doi":"10.1163/17087384-bja10095","DOIUrl":"https://doi.org/10.1163/17087384-bja10095","url":null,"abstract":"This article focuses on the impact of land investments in Mozambique. It examines the effects these land investments are having on local people’ access to food and sustenance, culture, land and water, and political engagement in some Mozambican provinces and areas. The next section critically evaluates whether human rights related to the aspects are being violated, as well as Mozambique’s legal obligations under both local and international law. The main goals are to alert the academic community to the negative impacts that land grab and investments have on local populations in Mozambique and to explain how these activities can be effectively stopped by using the normative framework now in place on human rights. It argues that foreign companies and investors in Mozambique are causing significant negative impacts on local communities, including livelihood, food, culture, land, and political participation. These issues are already protected by human rights law, and effective protection by the state could help combat land grabbing. Mozambique’s judiciary, civil society, and human rights institutions should work together to prevent local communities from being harmed.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"31 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141588460","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

Constitutional Damages in South Africa: A Transformative Approach 南非的宪法损害赔偿：改革方法

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African Journal of Legal Studies Pub Date : 2024-07-05 DOI: 10.1163/17087384-bja10096

Emile Zitzke

引用次数: 0

A Comparative Analysis of the Power of the Attorney-General to Enter a Nolle Prosequi under the 1999 Constitution of Nigeria 对尼日利亚 1999 年《宪法》规定的总检察长提起诉讼的权力的比较分析

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African Journal of Legal Studies Pub Date : 2024-06-13 DOI: 10.1163/17087384-12340106

Andrew Ejovwo Abuza

{"title":"A Comparative Analysis of the Power of the Attorney-General to Enter a Nolle Prosequi under the 1999 Constitution of Nigeria","authors":"Andrew Ejovwo Abuza","doi":"10.1163/17087384-12340106","DOIUrl":"https://doi.org/10.1163/17087384-12340106","url":null,"abstract":"The 1999 Nigerian Constitution gives the Attorney-General the power to enter a nolle prosequi in criminal proceedings. There are no constitutional provisions that expressly subject the exercise of the constitutional power of nolle prosequi by the Attorney-General to judicial review. This lacuna is being abused, as some Nigerian attorneys-general have, since the coming into force of the Constitution on 29 May 1999, sought sanctuary under it to free persons standing court trial for serious criminal offences through the exercise of nolle prosequi for their selfish interest or political considerations. The pertinent issue is whether the entering of a nolle prosequi in criminal trials in pursuance of the ulterior motives of an Attorney-General is constitutional. This article undertakes comparative analysis of pertinent issues involved in the exercise of nolle prosequi. The methodology is mainly doctrinal analysis of applicable primary and secondary sources. The article argues that the exercise of nolle prosequi for an Attorney-General’s selfish interest or political considerations is unconstitutional. Nigeria should subject the exercise of nolle prosequi to the court’s permission, as practiced in the United States of America and Kenya.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"17 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141508109","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 Impact of Sanctions against the Republic of Guinea to Promote Respect for the Constitutional Order 制裁几内亚共和国对促进尊重宪法秩序的影响

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African Journal of Legal Studies Pub Date : 2024-06-13 DOI: 10.1163/17087384-12340105

Elisenda Calvet-Martínez, Thierno Souleymane Barry

{"title":"The Impact of Sanctions against the Republic of Guinea to Promote Respect for the Constitutional Order","authors":"Elisenda Calvet-Martínez, Thierno Souleymane Barry","doi":"10.1163/17087384-12340105","DOIUrl":"https://doi.org/10.1163/17087384-12340105","url":null,"abstract":"This article analyses to what extent sanctions adopted by regional organisations can help bring about better democratic processes in the region, focusing on the case of the Republic of Guinea. Overthrows are not the only threat to democratisation in Africa. There is a wave of “constitutional coups” or “third-termism” that incumbents have used to extend their term in office with the appearance of legality. However, the African Union (AU) and the Economic Community of West African States (ECOWAS) have often remained silent. The article argues that the AU and ECOWAS policy of sanctioning coups until the return to the constitutional order is not sufficient, as coups are still happening in the region today. Instead, international regional organisations should pay more attention to the necessary institutional reforms that are needed to guarantee the democratisation process of African States and must have a stronger response to constitutional coups by adopting targeted sanctions against the individuals responsible for these acts.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"27 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141508110","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

Assessing Biodiversity Loss and the Challenge of Implementing Nature Conservation Laws in Africa 评估非洲生物多样性损失和实施自然保护法的挑战

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African Journal of Legal Studies Pub Date : 2024-06-13 DOI: 10.1163/17087384-12340103

Daniel Ogunniyi, Angela Azeta

引用次数: 0

Remote Hearing in Morocco: Limits of Technology and Their Impact on the Fairness of Trials 摩洛哥的远程听证：技术的局限性及其对审判公正性的影响

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African Journal of Legal Studies Pub Date : 2024-06-13 DOI: 10.1163/17087384-12340104

Anouar Hatim

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Legal Dilemmas from Zitto Zuberi Kabwe v The President of the United Republic of Tanzania & Three Others: a Case Note Zitto Zuberi Kabwe 诉坦桑尼亚联合共和国总统及另外三人案的法律困境：案例说明

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African Journal of Legal Studies Pub Date : 2024-04-03 DOI: 10.1163/17087384-bja10091

Lukiko Vedastus Lukiko, Hassan Kimela

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South Sudan’s Transitional Constitution: the Making, Failure and Lessons 南苏丹过渡宪法：制定、失败与教训

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African Journal of Legal Studies Pub Date : 2024-04-03 DOI: 10.1163/17087384-bja10090

Mark A. W. Deng

引用次数: 0