Department of Public Law

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Browsing Department of Public Law by Author "Nwaechefu, Hilary"

Now showing 1 - 20 of 24
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    Addressing the Rising Cases of Domestic Violence in 2017 and 2018 in Lagos State, Nigeria viz-a-viz The Rights of Members of a House Hold: A Wake Up Call on Stake Holders
    (University of Jos Law Journal, 2019) Nwaechefu, Hilary
    The trend of domestic violenceis as old as humanity, and it has persisted in Nigeria for reasons not well addressed by the society. However the trend has assumed alarming dimensions in recent time in Lagos of Nigeria leading to the passage several legislative instruments. The law against domestic violencehas come on board to curb the ugly trend with little or minimal success. The legislation against domestic violenceis meant to save lives and properties in the family arena. In Nigeria there are various laws against Domestic violence applicable in the states of the federation. The primary objective of this paper is therefore to identify the reasons why domestic violencehas been on the rise in Lagos state notwithstanding legislations. This paper also identifieswhat constitutes domestic violence, instances of domestic violence in Lagos state of Nigeriaand make recommendations towards checking and minimizingthese animalistic behaviours of humans against fellow human beings. This paper approaches the topic by reference to statute books, Law Text Books, Law Reports, Internet sources, Newspapers. The findings in this paper are that, impatience, uncontrolled temper and incompatibilities among couples cum the wicked inclinations of humans lead to domestic violence. This paper makes recommendations towards stemming the tide
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    The Child Right Act 2003 and the Challenges in the Nigerian Society, any Hopes for the Nigeria Child?
    (Port Harcourt Journal of Business Law, 2021-04) Nwaechefu, Hilary
    The hue and cry of child abuse in Nigeria is an age-long phenomenon. The ugly trend has persisted for reasons not well addressed by successive governments. The Nigeria constitution 1999 and the Child Right Act 2003 recognised the right to dignity of the human person. The Child Right Act recognises the rights of a child to survival, care, love, education, dignity to the human person, etc. and these rights are enforceable against whoever tramples upon them. The primary objectives of this paper will, therefore, be to identify the rights of the child, identify whether these rights are often respected or abused by adult members of the society and make recommendations towards reducing the incidence of abuse to the barest minimum or stamp out the abuses completely. This paper approaches the concept of the rights of the child by reference to the law textbooks, Law reports, Internet sources, Newspaper publications, statute books and the Nigeria constitution. The findings in this paper are that Nigeria law enforcement agents are not committed to protecting and enforcing the rights of the Nigerian child. Many cases of abuse of the rights of the child are swept under the carpet and so it goes on in our society unnoticed, uninvestigated and unprosecuted. This paper brings to the bare a few cases and instances the Internet and the Nigeria newspapers have exposed child labour and other forms of abuses.
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    Confusion in the Field of Locus Standi Case of Governor of Ekiti State V. Fakiyesi
    (Redeemer's University Law Journal. (RUNLAWJ ), 2019) Nwaechefu, Hilary
    It is settled law that a plaintiff will have locus standi in a matter only if he has a special interest or if he can show that he has sufficient interest in the performance of the duty sought to be enforced or where his interest is adversely affected. In the Nigerian parlance, the celebrated case of Abraham .A. Adesanya .v. The President of the Federal Republic of Nigeria appears to have set the standard by which locus standi of litigants in Nigerian will be measured, especially in constitutional matters. Several cases have been decided after that upholding the precedent in Adesanya's case. Despite this precedent, it is rather• unfortunate that in applying Adesanya's case in some decisions, the Court of Appeal, with the greatest respec, ends up applying the same out of context. This was the case in Governor of Ekiti State .v. Fakiyesi which this paper is set to appraise critically. This paper concludes by stating that the choice to access the law courts, to voice views when a plaintiff believes that there has been an infraction of any of the provisions of our constitution is a Constitutional right and should not be sacrificed on the altar of lack of locus standi.
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    Corruption, Plea Bargain and Nigerian Criminal Justice System
    (Ife Juris Review, 2016) Nwaechefu, Hilary
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    The Effect of the Administration of Criminal Justice Act, 2015 on the Law Relating to Bail in Nigeria
    (Akungba Law Journal, 2016) Nwaechefu, Hilary
    The most recent adjectival legislation on criminal proceedings in Nigeria is the Administration of Criminal Justice Act, 2015. The Act introduces certain far-reaching innovations in the law relating to bail in Nigeria, aimed at reinforcing the legal essence of the bail provisions in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This paper appraised some of the strengths and weaknesses of the bail provisions of the Act. In achieving this objective, the paper primarily relied on the relevant provisions of the Act as well as relevant texts and articles on the subject-matter of bail. The ideas garnered from these sources were synthesized towards proffering some recommendations. The paper found that despite the seemingly comprehensive coverage of the Act in bail and other matters, there remained room for improvements in some aspects of the law of bail as entrenched in the Act. The paper recommends a country-wide application of the bail provisions of the Act.
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    Evaluating the Commitment of the Federal Government of Nigeria in Implementing the United Nations Environmental Programme (UNEP) Report on the Ogoni Land in the Niger Delta Region of Nigeria since 2016
    (Port Harcourt Law Journal, 2018-02) Nwaechefu, Hilary
    Environmental degradation caused by the uncontrolled activities of Multinational Corporations has existed in Nigeria for over three decades. The objectives of this paper will therefore be to identify environmental challenges in the Niger delta region of Nigeria, evaluate the commitment of the Federal Government of Nigeria in implementing the United Nations environmental progrmamme (UNEP) report on the Ogoni land in the Niger delta region of Nigeria and make recommendations. This paper will approach the Nigerian environmental problems by reference to Internet sources, Newspaper publications and text books. The findings in this paper is that the Nigeria government appears not have given due attention to environmental hazards inspite of the fact that some legislations had been passes touching on environmental issues. Monitoring and enforcement had been the major challenge. The United Nations Environmental Progrmamme (UNEP) Nation had wadded into environmental issues in Nigeria by conducting investigations and making the necessary recommendations in the Ogoni land in Nigeria. This paper will high light the United Nations Environmental Progrmamme (UNEP) report based on its investigations. This paper will make recommendations toward restoring the Niger Delta region devastated environment into an environmental friendly one. This paper will further make useful recommendations towards preventing future contaminations of the environment and ameliorating the adverse effects of the polluted environment on the people.
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    Evaluation of the Citizens Rights to a Sustainable Environment in Nigeria
    (UNIMAID Journal of Private and Property Law, 2020) Nwaechefu, Hilary
    Environmental sustenance is a veritable tool for human survival and development of any country in the world. Several environmental policies had been put in place from the pre-colonial era to date with varying degree of results achieved at every point in time. The primary objectives of this paper are to point out the role information had played and is still playing to maximise the benefit of the Environment on lives of the citizenry and to surmount the environmental challenges in Nigeria. This paper will approach the right to environmental emancipation by reference to doctrinal methodology. The paper finds that legislations are not enough, but there is the need to bring environmental information to the doorsteps of the masses_ Monitoring and enforcement can only be effective when there is an adequate flow of information, and by so doing the people will become conscious about the Environment and the citizens right to a sustainable environment. This paper recommends regular information dissemination concerning the Environment as it affects the citizens. This paper further suggests that the government take proactive measures to enforce environmental assessment standards which manufacturing companies must comply with, in addition to the afforestation campaign for creating a healthy environment for Nigerian citizens.
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    Issues in Customary Law Betrothal in Nigeria
    (Ife Juris Review, 2016) Nwaechefu, Hilary
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    Legal, Public Health and Environmental Issues Arising from Mining Activities at Itangunmodi Community of Atakumosa West Local Government Area of Osun State
    (Ife Juris Review, 2017) Nwaechefu, Hilary
    Mining hazards caused by unregulated and unprofessional miners had plagued a community known as Itangunmodi, located at Atakumosa West Local Government Area of Osun State in Nigeria, spanning over three decades. Reporters and Journalists from different media platforms have been conducting investigations, seeking the views of experts and making necessary recommendations on the issues of mining hazards in this particular community of Itangunmodi amongst others. The primary objective of this paper is to identtb, mining hazards in this particular community and then make useful recommendations to address the identified challenges. This paper will approach the Itangunmodi community mining hazards by reference to Internet sources, Newspaper publications and text books. This paper finds, amongst others, that, despite legislations to regulate environmental hazards, the Nigeria government and other stakeholders have done little or nothing to address the hazardous challenges of mining activities to the communities where precious stones and other rich mineral deposits are found, such as the Itangunmodi community under review herein.
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    Nigerian Federalism and the Legality or Otherwise of Amotekun
    (University of Jos Law Journal, 2020-03) Nwaechefu, Hilary
    The enormity of security challenges in Nigeria has gone beyond the control of the Nigerian Police Force. Several thousands of innocent Nigerians have lost either their lives or properties as a result of the security inadequacy. The fall out of this is that individuals, groups and even organizations have put in place some measures to assist the police who obviously appear incapable of effectively policing the entire country. One of such arrangements is the birth of Amotekun, which is the security network or outfit recently launched by the six governors of Ondo, Oyo, Ogun, Ekiti, Lagos and Osun of the South West. The emergence of Amotekun has led to the pronouncement of the outfit as illegal by the Attorney General of the Federation, Abubakar Malami. This pronouncement has sparked a lot of arguments, debates and even outright condemnations across various segments of the country and most especially, from the people of the South West who are directly concerned. Sequel to the above, this paper discusses the legality or otherwise of Amotekun especially in a heterogeneous country like Nigeria that professes to be practicing federalism as a system of government. The paper will consider whether Amotekun is legal or not within the ambit of the provisions of the 1999 constitution of the Federal Republic of Nigeria and within the federal structure of the country.
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    The Place of Natural Law and Natural Rights in the Criminal Trial of an Accused Person in Nigeria
    (Lead City University Law Journal, 2016) Nwaechefu, Hilary
    There is no doubt that an accused person has constitutional safeguards in the course of his trial under the Nigerian criminal justice. These constitutional rights are enshrined in Section 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999. Such rights include, the right to be informed promptly in the language that he understands, the details and nature of offence of the accused, the fight to be given adequate time to prepare his defence, the right to defend himself in person or by legal practitioner of his own choice, the right to be presumed innocent until he is proved guilty and the right not to be charged for an unwritten offence. All these rights are aimed at ensuring that an accused person is not unjustly dealt with. Also, the relevant provisions in the Administration of Criminal Justice Act 2015 and the Child Right Act 2003 shed more light on the rights of an accused person in criminal trials. The paper is channeled towards making sure that Nigerians are fully informed/ aware of the place of natural law and natural right of the accused person in criminal proceeding and how it could be enforced. This paper will not seek to look at the rights, generally, but specifically the right of an accused person vis-a-vis the relevant statutory provisions. The paper concludes by pointing out lapses inherent in the Nigeria criminal jurisprudence.
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    The Rascality of Human Traffickers in Nigeria 2017 and 2018: A Breach of Both the International Law and Domestic legislation
    (Pragyaan: Journal of Law, 2018-12) Nwaechefu, Hilary
    The trend of human traffic king has persisted in Nigeria and has taken dangerous dimension for reasons not well addressed by successive governments. However, the trend has assumed alarming dimensions in recent time in Nigeria leading to the passage of legislative instrument. The law against human trafficking has come on board to curb the ugly trend with little or minimal success. All over the world, human slave trade has been abolished. In Nigeria, there is a law prohibiting human trafficking applicable throughout the country with punitive penalties. The primary objective of this paper is therefore to identify the reasons human traffic king has persisted notwithstanding local and international legislations. This paper also identifies what constitutes human trafficking, instances of human trafficking within and across the shores of Nigeria and make recommendations to check and minimize this animalistic behaviour of humans against fellow human beings. This paper approaches the topic by reference to International Statute, Domestic Statute Books, Law Text Books, Law Reports, Internet sources and Newspapers. The findings in this paper are that: weak monitoring, economic hardship, abject poverty and misinformation lead to people becoming victims of human trafficking. This paper makes recommendations towards stemming the tide.