Human rights are inalienable rights of man but unfortunately, they are rights that have become subjected to injustice by man to his fellow man. What this paper is aimed at is asking the person who takes away the right(s) of another as to what he has to offer in replacement of the right(s) he takes away?! The Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution and the International human rights laws have guaranteed some rights for every citizen and every person respectively. Such as: right to life, right to dignity of human…
Author: Hameed Ajibola Jimoh Esq.
It is true that there were various reasons or factors that influenced various persons to decide to study law. Nevertheless, some lawyers regardless of their years of practice are (up till this moment) without any specific path in the legal profession/practice as they are nowhere to be found and they have continued to live their lives as such for quite a number of years. Thousands of lawyers are getting enrolled into the legal profession yearly yet, there seems all hopes are dashed as it takes a great efforts to surmount all economic pressures. So, some lawyers actually are confused and…
On the 15th day of October, 2019, the Nigerian Bar Association, Abuja Branch (The Unity Bar) under the Chairmanship of Mr. Folarin Aluko, organized a capacity building training by way of a Discussion Series which marked the 22nd Discussion Series since inception pioneered by the immediate past administration under the Chairmanship of Mr. Ezenwa Anumnu, with the theme ‘LEGAL PRACTICE IN THE DIGITAL ECOSYSTEM’, which was held at the National Human Rights Commission’s Headquarters, Abuja. This Discussion was attended by more than a hundred and fifty (150) participants, with over 90% as lawyers. In attendance were two Honourable Justices of…
For quite a while, appearing in court has shown the sour relationship that exists between some of the members of the bar (lawyers) and some of the members of the bench (judges), which sometimes leads to unnecessary arguments between the bar and the bench. I had felt that some members of the bar, especially some Senior Advocates of Nigeria, whom I have experienced having hot arguments with some judges in some proceedings, might have felt that they are very senior members of the bar while the judges too might have felt that it is an insolence and disrespect to them…
In Nigerian academic institutions, there has been rising exposure of some academic staff that have been alleged to have been exchanging academic marks/grades for sex from their students. This ugly incidence is not really restricted to tertiary institutions rather, such cases have been reported to occur in the secondary schools as well. So, it has been an occurrence all across the board from time immemorial but little or nothing has been done to forestall further occurrence. The students of various academic institutions have been encouraged to always speak out against all pressures that would prevent or influence them from speaking…
From the period when a person is called to bar and for the very few years in his practice as a legal practitioner, there is always the need for legal mentorship while such person is seen as a young lawyer within the age of 1-6 years at least, hence, the need for such young lawyer to choose at least a senior legal practitioner who would always guide him and show him the mode of practice in the real legal practice which is entirely or mainly different from the academic or theoretical environment that such young lawyer is coming from i.e.…
In a democratic system of government, some of the characteristics of ‘democracy’ are: ‘independence of the judiciary’, ‘the principle of rule of law’ and ‘the respect for human rights’. Based on these three principles or concepts, human rights activists have been empowered to champion the cause of safeguarding the human rights of the citizens. Nevertheless, the judiciary, being the third arm of government are expected to be independent but alas! What has been happening since the existence or practice of democracy since 1960 (as Nigeria celebrates her 59th independence anniversary on 1st of October, 2019) in Nigeria has not really been the true independence of the…
The Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution and the International human rights laws have guaranteed some rights for every citizen and every person respectively. Such as: right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to peaceful assembly and association, right to freedom of movement, right to freedom from discrimination, right to acquire and own immovable property anywhere in…
The essence of ‘freedom’ as a concept under the fundamental rights of Nigerian citizens can easily be misconceived and while granting a part of it, the other part is likely to be denied, if care is not taken. This paper aims to express the essence of the right to freedom of every Nigerian citizen so that those citizens would understand the essence of their guaranteed freedom and those in charge of safeguarding those freedom’s rights would be able to guard and protect them without fear or favour. The word ‘essence’ by the Online Webster Dictionary means ‘the basic nature of…
9th September, 2019. Information and Evidence Unit, Office of the Prosecutor, Post Office Box 19519, 2500 CM The Hague, The Netherlands. Dear Sir, PETITION AGAINST CRIMES AGAINST HUMANITY ALLEGEDLY PERPETRATED BY SOME SOUTH-AFRICAN NATIONALS AGAINST SOME NIGERIAN NATIONALS WHO RESIDE AND CARRY OUT BUSINESSES IN SOUTH-AFRICA AND CALL FOR NECESSARY INVESTIGATION, DUE PROSECUTION OF PERPETRATORS OF THE CRIMES AND CALL FOR COMPENSATION FOR VICTIMS OF THE CRIMES AGAINST HUMANITY The above subject matter refers, please. I am a human and Socio-economic Rights Activist and a Nigerian legal practitioner, practising and resident in Nigeria. It is with dismay that I…
‘Activism’ as defined by the Webster on-line dictionary, is ‘a doctrine or practice that emphasizes direct vigorous action especially in support of or opposition to one side of a controversial issue’. The area or aspect of activism that this paper considers is the ‘human rights’ aspect, as there are several ‘activism’ such as: political activism, environmental activism, among others. There are some persons who just pick up human rights activism perhaps just for the benefits of it or due to financial or economic pressures of the country. However, to me, I find human rights activism as a divine call to…
In the area of dissemination of information to the public, the media play great roles especially in the context of Nigeria as a developing country. Many challenges confronting some of the communities in Nigeria would or might not have been to the notice of the citizens if not for the media. Also, it is the constitutional right of the citizens to know and have access to information. This paper is of the view that in order for the media to thrive,there is need to equip the media and therefore calls for government’s support and regulation to ensure enhancement of the…
It has been about twenty years since Nigeria has been in a democratic system of government since the formal hand-over of powers to democratically elected civil government by the then military system of government in the year 1999. Though, the majority of those who have continuously governed us in Nigeria at both the Federal Government and State Level of Government were those that have transformed themselves from the military uniform to a democratic gown, some situations that keep occurring of recent in Nigeria are showing that it seems that Nigeria or her people or her government is tired of democracy…
On the 20th day of June, 2019’s media report revealed the Federal Government of Nigeria’s intended or planned ban (unless there is a written official publication of such ban) on Sniper 1000EC-herein after referred to as the product-, much more reasons given for this necessary action is the fact that the product has found its way into the hands of youths who have continued to use it to commit suicide. This report is headed on some online-blogs, and other media, such as Leadership online newspaper, etc. This paper is of the reasoning, argument and submission that such planned or purported ban…
The word ‘Democracy’ according to President Abraham Lincoln,the then President of the United States of America, is ‘a government of the people, by the people and for the people’. In other words, ‘Democracy’ is: (i) a government made up of the generality or representatives of the people; (ii) a government formed and installed by the people; and (iii) a government that exists for the welfare of the people’. See: EseMalemi, The Nigerian Constitutional Law, Princeton Publication Co., Ikeje, Lagos, Nigeria, First Edition, 2006, page: 30. There is no doubt that in Nigeria, as of the moment, the types of democracy…
Consistent Interruption of electricity supply in Nigeria to electricity customers has become a serious national issue in Nigeria, most especially in the Federal Capital Territory-Abuja. The reason that has been given for this persistent occurrence by the Minister of Power, Works and Housing as well as Abuja Electricity Distribution Company- AEDC- (just as other Distribution Companies do) is the shortage in electricity energy or the fall in the national grid. Also, the bad roads on Nigerian roads and those dilapidated and abandoned roads projects within Nigerian streets have been a great aid to kidnappers to waylay and or ambush their…
The inauguration of the incumbent President of the Federal Republic of Nigeria (President Muhammadu Buhari) which took place in a low-key mode on the 29th day of May, 2019, was another hope- mantra for the citizens of the Federal Republic of Nigeria. As at the inauguration of the President in the year 2015, the theme or agenda was ‘change mantra’. However, as much hope for change that Nigerians had at the inception of the first term of office of the President Buhari had, this hope had been dashed even before the end of the said first term of office due…
In the Sexual Offences Bill- herein after referred to as SOB- (I have refrained from identifying this Bill by any particular year considering the controversy surrounding its intended enactment as it relates to some of its provisions) which is still in the legislative process of the National Assembly of Nigeria, there is a provision in section 22 which provides thus ‘Any person who intentionally exposes his or her genital organs, or a substantial part thereof, with the intention of causing distress to the other party, or that another person seeing it may be tempted or induced to commit an offence…
According to Tolby, R.A., The Theory and Practice of Income Tax, (Sweet & Maxwell: London, 1978) p. xix., ‘the tax system of can be described as a universal contrivance whereby the State imposes upon its citizens a compulsory financial levy or contribution for the benefit of society as a whole’. According to the Black’s Law Dictionary, 8th Edition, page 1498, Tax is defined as ‘a mandatory charge imposed by the government on persons, entities, transactions, or property to yield public revenue. (It) embraces all governmental impositions on the person, property, privileges, occupations, and enjoyment of the people, and includes duties,…
On the 4th day of May, 2019, there was a publication in circulation on social-media such as ‘www.nigerialawyer.com’ among others reporting a statement purportedly made by the Commander-General of Kano State’s Hisbah, which according to the report, reported the Commander to have said that from Monday when Ramadan begins, his men will begin to arrest adults who are seen eating in public and will only be released if they can provide an exemption letter from a medical doctor or the person can show proof of chronic ulcer. According to the report, the Kano State has been practicing Sharia Law since…
According to online Wikipedia ‘judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law’. In his book ‘Nigerian Law on SocioEconomic Rights, Mr Femi Falana (SAN), LegalText Publishing Company Limited, Lagos, 2017, Introduction- The Justiciability of Socioeconomic Rights, at page 5, explained thus ‘In the same vein, Justice Chukwudifu Oputa, JSC, had, in his life time, consistently impressed it on his learned brethren to engage in judicial activism in order to fill the ‘gap between the tempo of change in society and amendment in the law or legal processes to…
According to the Webster online dictionary, the word ‘career’ as a noun means ‘a job or profession that someone does for a long time’. By this same dictionary, the word ‘success’ means among other meanings ‘the fact of getting or achieving wealth, respect, or fame’. No doubt that when a child is registered in a western-educational institution by his parent or guardian, the goal of such parent or guardian (I think) is to create a career opportunity for such a child leading to his future success. With this goal in mind, such child grows up in his education up till…
The month of January, 2019 was important and memorable in the life and history of Nigerians. It was memorable in the history of the Nigerian judiciary. It was memorable in the history of the Nigerian Bar Association. It was memorable in the history of the Code of Conducts Bureau and the Tribunal. It was memorable in the history of the court’s system. It was memorable in the history of the National Judicial Council of Nigeria. And it was memorable in the history of Nigerian government as a whole. Furthermore, there were several events that made the month of January, 2019,…
In Nigeria, there is the quest for an effective administration of criminal justice system. Aside this quest too, there is the challenge of insecurity against the background of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in section 14(2)(b) that ‘the security and welfare of the people shall be the primary purpose of government’. Considering the deemed causes of in-effective administration of criminal justice system and the continuous insecurity in Nigeria, this paper is of the firm view that there is need for the appropriate government’s authority to probe and or monitor and investigate…
In the Nigerian Courts, when the issue or allegation of violation of fundamental rights either contained in the Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution- or in the African Charter on Human and Peoples’ Rights pertains, the very important procedural law in enforcing this alleged right is the Fundamental Rights (Enforcement Procedure) Rules, 2009-herein after referred to as the FREPR. This paper aims at encouraging human rights activists whether lawyers or non-lawyers to always show concerns for the protection of the FREPR. There is a long saying…
Learning the practice of the law is not the same as learning the law. In my humble views, I am of the views that it might be the presumption that all lawyers know the law (since they passed through the higher institution of learning where laws have and or must have been taught) but it would be a wrong conclusion to presume that all lawyers know the practice of the law. More so, since the practice of the law is determined by the time and energy invested in the practice by the lawyer, I am of the considered advice to…
It has often been said that the ‘Court’ or the ‘Judiciary’ is the last hope of the common man. Also, in fundamental rights enforcement proceedings, which have been declared and decided by the Nigerian Courts as having the force of the Constitution, (for instance, in the case of Abia State University, Uturu v Anyaibe (1996) 3 NWLR (pt. 439) 646 at 661, per Katsina-Alu, JCA (as he then was) held that the Fundamental Rights (Enforcement Procedure) Rules made pursuant to the Constitution, have the force of law as the Constitution itself; and overrides the provisions of any other enactment to…
The Fundamental Rights (Enforcement Procedure) Rules, 2009-herein after referred to as the FREPR- is ten (10) years old this year (i.e. 2019) having been made in the year 2009 by the then Chief Justice of Nigeria pursuant to the enabling Constitutional powers enabling him to make the Rules under the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution-, after a long period of thirty (30) years since the FREPR of 1979 was made. A consideration of the duration between the FREPR of 1979 and that of the current 2009…
ABSTRACT: Over the happenings of such incidents of how it has become rampant how either a father has sexual intercourse with his daughter(s) or uncle having sexual intercourse with his niece or brother having sexual intercourse with his blood sister (or sister of same parents or half-sister) or even some of these categories even opt for having marriage to solemnize their sexual relationship. Nevertheless, society, culture, religion or morality has its reactions to this kind of relationship. According to the Matrimonial Causes Act, 2004 (as amended), such marriage is prohibited. Also, according to Islamic Personal Law of Marriage, such marriage…
11th February, 2019. The Honourable the Chief Justice of Nigeria, Supreme Court of Nigeria, Supreme Court of Nigeria Complex, Federal Capital Territory-Abuja. Your Lordship, THE CONSTITUTIONAL POWERS OF THE CHIEF JUSTICE OF NIGERIA TO MAKE SPECIAL RULES AND PROCEDURES ON EXECUTION AND ENFORCEMENT OF COMPENSATORY JUDGMENTS/AWARDS IN FUNDAMENTAL RIGHTS ENFORCEMENT CASES The above subject matter refers, please. My Lord, in human rights litigation, there has always been the hurdle of execution and or enforcement of judgment/judgment sum by the Judgment creditor, especially in the case of judgment in favour of the Applicant which is to be enforced against government…
