Department of Public Law

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Browsing Department of Public Law by Author "Koni, Ifeolu John"

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    An Appraisal of the Powers of the Attorney-General of the Federation to Prosecute the Violators of the Presidential Order Suspending the Operations of Twitter in Nigeria.
    (Nnamdi Azikwe University Journal of Commercial and Property Law, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2021-09-29) Koni, Ifeolu John
    The directive reportedly given to the Director of Public Prosecutions of the Federation (DPPF) to commence the process of prosecuting those who violate the Federal Government’s order suspending the operations of Twitter in Nigeria has brought to the fore again the scope of the powers of the Attorney-General of the Federation (AGF) to control criminal prosecutions in Nigeria. This article examines the legality of this directive in the context of the relevant laws embodying the prosecutorial powers of the Attorney-General. Adopting the doctrinal research approach, the paper takes a look at the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Administration of Criminal Justice Act 2015, and the Police Act 2020 dealing with the control of criminal proceedings by the Attorney-General. The paper finds that while the prosecutorial powers of the AGF are well preserved under section 174 of the 1999 Constitution they can only be validly exercised by him directly or through an officer in his department or any other person or authority when an offence known to law has been committed. It further finds that the Government’s order suspending the operations of Twitter in Nigeria cannot qualify for a written law within the meaning of section 36(12) of the 1999 Constitution. The paper recommends the insulation of the office of the Attorney-General from partisan politics to prevent abuse of powers by an incumbent Attorney-General. To achieve this, the paper suggests the insertion of a clause in the Constitution that will grant security of tenure to the Attorney-General in the same way as judicial officers are shielded under section 291 of the 1999 Constitution from arbitrary removal.
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    A Comparative Analysis of Legal Protection for Females against Sexual Assault in Nigeria and Uganda.
    (East African Journal of Peace & Human Rights (EAJPHR)., 2021-06) Koni, Ifeolu John
    Women and girls constitute a large segment of human beings often referred to as more vulnerable members of the society who deserve special protection of the law, especially against all form of sexual abuse or assault. This article undertakes a comparative analysis of the legal frameworks of Uganda and Nigeria on sexual crimes with a view to determining the measure of protection their females enjoy under the relevant laws. The goal of this comparison is to bring out the lessons that the two countries, the latter representing West Africa and the former representing East Africa, can learn from each other in the attempt to develop the jurisprudence on rape and other variants of sexual assault in Africa. The article adopts the doctrinal research model and relies on both primary and secondary sources of information like the Constitutions of the two countries, the main statutes embodying their criminal law, judicial decisions (primary sources), books, journal articles, periodicals and the internet (secondary sources). The article observes that neither of the two countries has a composite law on sexual offences as a result of which the rules under which women and girls can seek protection are scattered in different statutes. However, Uganda has taken a remarkable step towards developing its jurisprudence in this area through the Sexual Offences Bill currently before the Parliament. As the Bill contains innovative provisions capable of granting the females better protection against sexual offences, this article recommends a speedy passage of the document and advises Nigeria to follow suit by initiating a separate law under which all females can obtain adequate safeguards against sexual violence and exploitation.
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    The Impact of the Doctrine of Presumption of Innocence on Criminal Prosecution in Nigeria.
    (East African Journal of Peace and Human Rights (EAJPHR), School of Law, Makerere University, Uganda., 2018-12) Koni, Ifeolu John
    One prominent feature of the criminal jurisprudence that Britain bequeathed to Nigeria and many other former British colonies in Africa is the doctrine of presumption of innocence. In Nigeria, this principle is treated as a fundamental right and is embodied in section 36(5) of the 1999 Constitution (as amended). This article examines the impact of this principle on criminal prosecution in the country. It finds that some major players in the justice sector, like lawyers, judges and prosecuting agencies, have been misusing this doctrine to frustrate the trials of prominent suspects, especially high ranking political office holders, trial of crimes bordering on corruption and abuse of power. There is apparently a serious discontent among the citizenry with the impact of law in the fight against crime. The author posits that the ongoing reforms in the justice sector may not achieve much dividend unless and until there is a corresponding reform of the law itself. He implores the Nigerian Law Commission to immediately set up a committee to look into ways of initiating a review of the country’s criminal law to achieve a balance between the rights of an accused person and the interests of the larger community.
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    The Search for Local Government Autonomy in Nigeria: Legal and Institutional Pathways to its Realisation.
    (The Institute for Oil, Gas, Energy and Sustainable Development, (OGESD), Afe Babalola University, Ado-Ekiti, Nigeria, in partnership with the University of Calgary, Canada., 2016) Koni, Ifeolu John
    This article examines the status of the local government under the tripartite governmental system in Nigeria that has been in operation since 1979. It reviews the various reforms that the administration of local government has gone through from the colonial era till 1999 when the extant Constitution of Nigeria came into force. The article finds that notwithstanding the provision of section 7 of the 1999 Constitution which provides for a system of local government by democratic means, many of the State Governments have continued to set up caretaker committees at this tier of government, thereby denying the grassroots population of the benefits of democratic rule. The creation of the infamous State Joint Local Government Account has rendered the Local Governments totally prostrate as they depend completely on the State Governments for funds needed for their development. The article recommends, inter alia, that section 165 of the 1999 Constitution should be amended with a view to abolishing the State Joint Local Government Account and making the Local Government Councils both politically and financially autonomous.