scholarly works

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Start date: 2020Subject: search.filters.subject.Human Rights

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    The prospects of the African union transitional justice policy 2019 and sustainable peace in Africa
    (Department of International Law, Obafemi Awolowo University, lle-lfe, Nigeria, 2023) Adeyemo, D. D.
    The African Union (A U) adopted the African Union Transitional Justice Policy (AUTJ Policy) in 2019 against the backdrop of attaining sustainable peace within the African continent. The Policy was designed to serve as a continental guide to member States in the design and implementation of context-specific transitional justice programmes within their respective States. The Policy incorporates indigenous principles and elements which member States should adopt to domesticate transitional justice. Presumably, over the years, the African continent has had the highest number of States confronting conflict situations or repressive regimes. Hence, it would appear that the Policy is a timely intervention of the AU in pursuing its agenda of a peaceable and stable continent. The Policy makes several bold innovations and provisions which are potentially capable of transforming the structure for peace and security in Africa. This study attempts to examine the provisions of the Policy against the conventional narratives of transitional justice principles and mechanisms and the goal of sustainable peace. Is the Policy just another document which will wield little or less significant impact within the continent? The paper adopts a purely doctrinal and desktop review approach in analysing the provisions of the AUTJ Policy within the context of the concept of transitional justice and sustainable peace. The study makes use of data from both primary and secondary sources of law and argues that while the adoption of the Policy is an innovative move, it runs the risk of irrelevance where its provisions are merely recommendatory and elicit no binding obligations from member states.
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    Procedural challenges in the mode of commencement of fundamental right suit under the fundamental rights (enforcement procedure) rules 2009
    (Faculty of Law, University of Ibadan, Ibadan, 2021) Adeniji, S. A.
    Under the Nigerian law, human rights are categorized \-s into justiciable and non-justiciable rights and they are contained in Chapters 4 and 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended. In enforcing the justiciable rights, Section 46(3) of the 1999 CFRN, empowers the Chief Justice of Nigeria (CJN) to make Rules for their enforcement. Hence, the CJN made the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009). This paper examines the mode of commencement of an action under the FREPR 2009. It adopts a doctrinal methodology by engaging in textual analysis of FREPR 2009. It finds that under Order II Rule 2 of the FREPR 2009, an application for the enforcement of fundamental rights may be made by any originating process accepted by the court which are writ of summons, petition, originating motion and originating summons. Therefore, it is argued that this provision has created a situation of uncertainty in respect of the mode of commencement of an action. It is recommended that FREPR 2009 be amended to make certain the mode of commencement and that originating motion is preferable.