FACULTY OF LAW
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Item Victims or complicit traffickers? examining the status of victims of organ trafficking in Nigeria(Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Rivers State, 2023-12) Adeyemo, D. D.Organ trafficking is one of the fast-booming offences with transnational dimensions. Often, organ trafficking is linked with human trafficking and punished along the same lines as the crime of trafficking in persons for the purpose of organ removal. Traffickers are often punished as the offenders while subjects of the harvested and trafficked organs are regarded as victims who are protected by the law rather than punished. However, with regard to the crime of organ trafficking, it is difficult to conceive some so-called victims of organ trafficking as victims without the tainted lens of complicity in the offence. With respect to victims, organ trafficking is largely touted as an offence driven by poverty and economic difficulty as against greed and sheer criminal tendencies. International legal provisions on organ trafficking do not exactly conceptualise a victim in the context of plain organ trafficking, state parties may exercise their discretion within their domestic legal context. This paper examines the subject of victims and the offence of organ trafficking in Nigeria. This paper adopts a purely doctrinal approach in examining the status of victims in organ trafficking. It makes use of data from primary sources from both domestic and international laws and secondary sources of data on organ trafficking in assessing the status of victims of organ trafficking. The paper argues that the recent cases of organ trafficking reveal that many victims are consenting perpetrators and drivers of organ trafficking rather than being innocent, vulnerable and exploited victims. The law ought not to shield those against whom it must wield its sword of correction and punishment. Hence, the status of victims in cases of organ trafficking should be reviewed differently from victims of trafficking in persons for the purpose of organ removal.Item 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.Item Reparative complementarity in international criminal law and victims of core international crimes in Nigeria(2020) Adeyemo, D. D.The Rome Statute of the International Criminal Court evinces a victim- centred concept through the provisions of Article 75, by providing reparations to victims in addition to prosecutions of perpetrators. On the other hand, the operation of the International Criminal Court is built upon the principle of complementarity, which gives primacy to jurisdictions of domestic courts in prosecuting core international crimes over the ICC. Reparations are important to victims, in fact, it may appear that victims who participate in criminal proceedings do so with the aim of getting more than just prosecution of the perpetrators, but much more reparative remedy The concept and practice of reparations at the ICC, especially in the reparation decisions thus Jar, has its own peculiar challenges. Despite the challenges relating to the practice of reparation at the ICC, there is a growing concern as to whether victims have a right to seek reparations from their States and whether States in turn have the obligation of providing reparations to victims following the principle of complementarity. Thus, are Slate parties obliged to incorporate reparations in line with domestic prosecution of core international crimes in fulfilment of their obligations to prosecute? Assuming Stales parties are obliged, what would the principle of ‘reparative complementarity' portend for a country’ like Nigeria where the concept of reparations to victims in criminal law context, appears alien? The paper interrogates the above questions and others in the light of the hundreds of thousands of displaced victims of the insurgency and armed conflicts in the country. The paper adopts a doctrinal and library based approach to examine the concept of reparative complementarity and its practical application to Nigeria's obligations to victims of crime in international criminal law. The paper argues Jar a variant of reparative complementarity which distils two main perspectives of State obligation in reparative complementarity and advocates for a more victim centred approach to criminal justice in Nigeria.Item Organ trafficking: an emerging dimension of illegal trafficking in Nigeria and sub- saharan Africa(Department of Private & Property Law, University of Port Harcourt, Rivers State, Nigeria, 2022-04) Adeyemo, D. D.In the last decade, organ trafficking has become one of the ‘booming’ illegal businesses in Nigeria. An array of transnational syndicate is reportedly, responsible for the traffic of illegally harvested human organ across sub-Saharan Africa to the coast of Asia, with India and China identified as top destinations. In 2020, there were reports on popular markets for clandestine sale of human organs in cosmopolitan cities such as Lagos, in Nigeria where, human organs are sold for sums ranging between $ 2,000 US Dollars to $ 3000 US Dollars. There are alleged reports of organ harvesting and export via human trafficking. With increasing reports on the spate of banditry, kidnappings, general insecurity and missing persons in Nigeria, it is imperative to examine this dimension of criminality and the possible legal solutions. While Nigeria has legislation against human trafficking such as the Trafficking in Persons Law Enforcement and Administration Act 2015 and a specialised agency for human trafficking National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Nigeria is only waking up to the sad reality of this dimension of illegal trafficking and has no specific legislation in place to tackle it. This paper examines the legal framework on human trafficking in Nigeria against this backdrop. It adopts a doctrinal and desktop legal research approach in analysing the existing laws on human trafficking and the emerging dimensions of organ trafficking. It considers Nigeria’s legal obligations against the emerging dimensions of illicit organ trade. It proposes a more proactive approach to the subject of organ trafficking in addressing organ trafficking in Nigeria.