Public & International Law

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    The right of aliens to hold interest in land: demystifying the conundrum of "all Nigerians" and "any person" as used in the land use act
    (Department of Public Law and Department of Jurisprudence and International Law Faculty of Law, University of Ibadan, Ibadan, 2017) Nwafor-Maduka, O.
    The role of the courts through its interpretative jurisdiction to the development and overall growth of a nation cannot be over emphasised. The laws become policy statements when given life by the courts. In doing so, the courts must strike a balance between interpreting the letters of the law and adopting an interpretative approach that will enhance the socio- economic development of all persons resident within the territorial jurisdiction of the State. Laws made and Interpreted must reflect an intention to protect these sets of individuals and enhance their well-being. Consequently, this paper examines the provisions of LUA as it relates to the rights of aliens to own interest in land in Nigeria. The aim is to determine whether the lawmakers intend to restrict an alien from holding interest in land. This examination is crucial if it is considered that land plays an important role in economic development of any society. Therefore. this paper argued that the right to work of many occupations is invariably- tied to land and. as a result, the court in interpreting the provisions of the L UA must give it its widest interpretation
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    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.
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    Procurement law in Nigeria: challenges in attaining its objectives
    (Sweet & Maxwell, 2012) Osuntogun, A. J.
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    Corruption in the defence sector and armed conflicts in Nigeria: defining the nexus
    (Department of Public Law and Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2017) Adeyemo, D. D.
    Ordinarily, armed conflicts and corruption appear disparate, but studies have shown that the two concepts are not unconnected. While a comprehensive definition of corruption seems elusive, it is clear that it plays an overarching role before, during and after armed conflicts. In the last decade, Nigeria has suffered immensely from the ills of internal armed conflicts which are easily traced to poor governance, ethnic/religious crises, political and economic inequality, insurgency and so on without any direct link to the role of corruption. This paper attempts a theoretical explanation for the link between armed conflicts in Nigeria and corruption in the Defence sector with specific focus on Boko Haram insurgency in the north-eastern part of Nigeria. The paper examines the capacity of a state to offer good governance and provide security within and around its borders and its direct impacts on the incidence and dynamics of internal armed conflicts. The greed and grievance theory may have proffered the possible nexus between internal armed conflicts and corruption but the exact role of corruption in armed conflicts is situation-specific. While corruption may not necessarily initiate internal armed conflicts, it may be an underlining factor in shaping the incidence, duration and character of armed conflicts. In about a decade since the insurgency started, Nigeria has suffered immensely from and is still grappling with the ills of internal armed conflict. The susceptibility of the Nigerian defence system to corruption and manipulative activities of politicians reveals the ills of corruption before, during and after armed conflict. Corruption in arms and military equipment procurement, lack of transparency in military expenditure and contracts, laundering of proceeds of such corrupt deals by corrupt military officials have far-reaching consequences in exacerbating armed conflicts. This paper focuses on the Armsgate scandal of 2014 and the subsequent report by Transparency International (TI).