Public & International Law

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Appraisal of the doctrine of separation of power and its applicability in modern governance for national development in Nigeria
(Faculty of Law, Ebonyi State University, Abakaliki, Nigeria, 2018) Fagbemi, S. A.; Akpanke, A. R.
In every society, especially one that upholds democratic principles, there are usually laid down rules, principles and customs to guide the society referred to as the Constitution. A constitution is the organic law of a nation. It may be written or unwritten. By nature, the primary objective of the constitution is to lay down the basic principles to which an internal life of a country is conformed, organizing the government, regulating, distributing and limiting the functions of its three different principal organs. This paper seeks to examine the doctrine of separation of powers and its applicability in modern governance in Nigeria. The objective of this is to expose its use as instrument of national development. The paper adopts the doctrinal methodology in search for data. It reveals that a fundamental principle underpinning modern governments is that of separation of powers, with a rider that separation of powers can only function properly where there is interplay between it and the principle of checks and balances. The doctrine is presented as a prelude to the conclusion proposed in this paper, which amongst others include that the people who constitute the government should observe the doctrine of separation of powers within the context of the concept of checks and balances as antidote to abuse of power.
Environmental litigation in Nigeria: the role of the judiciary
(Amaka Dreams Ltd, Awka, Anambra State, Nigeria, 2019-04) Fagbemi, S. A.; Akpanke, A. R.
Environmental laws are put in place to mitigate the threatening environmental problems resulting from human activities. To checkmate these human activities, courts are established by governments with jurisdictions to entertain environmental litigations to protect and redress environmental wrongs in Nigeria. The aim of this paper is to appraise environmental litigation under the Nigerian jurisprudence and the role of judiciary in resolving such matter. To achieve this objective, the questions which the paper seeks to interrogate among others include: What role has judiciary played in promoting and protecting the right to a healthy environment in Nigeria? What are the jurisdictional obstacles militating against the use of litigation to protect and redress environmental wrongs in Nigeria? In answering these questions, this paper discusses the nature of Nigerian environmental litigations and courts confer with jurisdiction to entertain environmental litigation. The paper examines various impediments to environmental litigations in Nigeria. The paper argues for the encouragement of private and public interest litigation and creation of procedure for enhancing public participation in Nigerian environmental protection. The paper concludes with recommendation for the establishment of environmental court.
Making case for the continuing existence of sovereign wealth fund in Nigeria
(Society for Legal Research and Development, Ibadan in conjuction with Dean's Office Faculty of Law, University of Ibadan, Nigeria, 2018-07) Fagbemi, S. A.; Akpanke, A. R.
It is no longer news that the Excess Crude Account established by Chief Olusegun Obasanjo administration in 2004 is today co-existing with the Sovereign Wealth Fund established by Dr. Goodluck Jonathan administration in 2011 pursuant to the enactment of Nigeria Sovereign Investment Authority (Establishment etc) Act. The continued existence of the two accounts have come under intense criticisms and in particular the constitutionality of the two accounts as well as moral and economic justification for withdrawal and expenditures from the accounts since their establishment leading to calls for the discontinuance of the two accounts. While this paper support the calls for closure of Excess Crude Account, it makes case for the continued existence of Sovereign Wealth Fund. The issues which the paper interrogates amongst others are: What are the objectives of Excess Crude Account and Sovereign Wealth Fund? Whether the two accounts are constitutional, or put in another way, what is the legal frameworks for the operation of the two accounts in Nigerian? Is there any justification for the two accounts to co-exist together as part of Nigerian fiscal policy? The paper argues that there is no moral and or economic justification for the co-existence of the two accounts. The paper recommends the closure of the Excess Crude Account with a call for continue existence of the Sovereign Wealth Fund subject to the amendment of enabling statute - Sovereign Investment Authority (Establishment etc) Act - to bring its provisions in conformity with Nigerian Constitutional provisions on the appropriation of the nation funds.