MISSION STATEMENT Fountain University Law Journal (FULAJ) is the official publication of the College of Law Fountain University, Osogbo, Nigeria. The journal seeks to: Serve researchers by publishing peer-reviewed works dedicated to the interrogation of laws, legal development and the review of contemporary issues related to all aspects of laws and practices; and Ensure prompt and rapid dissemination of legal information to the world for the purpose of legal knowledge/education.
NUPRC VERSUS NMDPRA: ASSESSING THE INSTITUTIONAL SLIP AND REGULATORY OVERLAP UNDER THE PETROLEUM INDUSTRY ACT 2021
he enactment of the Petroleum Industry Act (PIA) 2021 dismantled Nigeria's legacy monolithic energy governance model under the defunct Department of Petroleum Resources (DPR), introducing a bifurcated regulatory structure. This article examines the institutional split between the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), critically assessing the resulting regulatory overlaps and bureaucratic friction. Employing a doctrinal legal research methodology, this paper conducts a systematic analysis of the statutory provisions of the PIA 2021 alongside relevant administrative directives. The article reveals that the Act creates porous jurisdictional boundaries, resulting in severe regulatory duplication over integrated petroleum facilities, concurrent mandates regarding the custody of Decommissioning and Abandonment escrow funds, and conflicting authority at crude oil export measurement terminals. These structural overlaps create duplicative compliance burdens for operators, increase transaction costs, and weaken investor confidence, proving that current ad-hoc executive balancing acts are insufficient for long-term industry stability. The article recommends targeted legislative amendments to clarify physical asset boundaries, the institutionalisation of a mandatory single-window licensing regime for integrated operations, and the statutory establishment of a permanent joint-regulatory dispute resolution committee to replace temporary presidential fixes and secure a predictable regulatory environment
Copyright (c) 2026 Saifuddeen Coomassie https://creativecommons.org/licenses/by/4.0
PRISONER’S RIGHTS AND THE NIGERIAN CRIMINAL JUSTICE SYSTEM: LESSONS FROM SOUTH AFRICA CRIMINAL JUSTICE APPROACH
In the heart of the Nigerian criminal justice system, lies a dark and often overlooked reality, the plight of prisoners and the countless human rights violations that mar their incarceration experience. Prisoners after an official pronouncement, ultimately have certain limitations to exercise their fundamental human rights. Notwithstanding this, the rights of suspects remain largely protected during the process of criminal justice administration, from arrest to conviction. Effective implementation of Criminal justice system in any society is the weatherglass of democratic practices. However, Afro-Pessimists argue that Africa is unable to effectively bring about the changes for upholding the rule of law. As a result, the effective administration of justice in Africa remains elusive. Bowd concurs with other scholars that the criminal justice practices of many Africa states are rooted in the previous colonial administration. Basically, colonial legal systems were retributive and left government with a legacy of retributive justice system because access to justice was never the aim of the colonial legal system. Therefore, the traditional and restorative approaches to criminal justice should be applied. Using the doctrinal research method, the paper examines the current state of prisoner’s rights within the Nigerian Criminal Justice System which is disjointed and has resulted in minimal concerns for the human rights of the accused person making access to justice a major problem facing the legal fraternity in Nigeria. Hence, the paper considers the possibility of incorporating lessons from South Africa’s criminal justice approach. It argues that the incorporation of South Africa’s approach to criminal justice could benefit the Nigeria system through improved access to legal aid and medical care, alternative dispute resolution, and reduced pre-trial detention among others. This paper concluded that there is need to take deliberate steps to reduce prison populations by considering alternatives to imprisonment, especially for non-violent offenders, prioritizing rehabilitation through business-support initiative and skill-building of inmates can aid reintegration into the society, thereby tilting towards restorative approach. It recommended radical transformation of theory and practice of criminal justice in Nigeria if access to justice for all will be achieved.
Maryam Bayero-Jimoh Ph.D Maryam Bayero-Jimoh Ph.D
Copyright (c) 2026 Maryam Bayero-Jimoh Ph.D https://creativecommons.org/licenses/by/4.0
REDEFINING BUSINESS ETHICS AND HUMAN RIGHTS ON ‘UBUNTU' AN AFRICAN PHILOSOPHICAL STANDPOINTS
Business and human rights are interconnected and have a symbiotic relationship. In recent years, the discussion of business and human rights has been an increasingly prominent topic in academia. This article explores the profound relevance of the concept of Ubuntu on the domain of business and human rights. Ubuntu is an ancient African word meaning ‘humanity to others’. It is sometimes translated as “l am because we are”. Ubuntu, deeply rooted in African philosophy, emphasizes the interconnectedness of all individuals and the promotion of collective humanity. It provides an alternative lens through which to view business and human rights, recognizing the interdependence of organizations and individuals, and the moral obligation of government to promote and protect human rights. Drawing from this philosophical perspective, this article delves into how businesses can incorporate Ubuntu principles into their practices to foster a more ethical, inclusive, and human-centric approach to human rights. The United Nations’ Universal Declaration of Human Rights provides a framework through which businesses can interpret their moral obligations to uphold human rights. It is suggested that businesses should commit to making principles outlined in the declaration a guide. This includes a commitment to respect the human rights of employees, suppliers, customers, and other stakeholders. Adopting a doctrinal research methodology, both primary and secondary sources will be used to carry out a comprehensive analysis on ethical frameworks and illuminates the potential of Ubuntu to reshape corporate responsibility, enhance human rights protection, and promote a sustainable, equitable, and socially responsible business environment
Maryam Bayero-Jimoh, Ph.D Maryam Bayero-Jimoh, Ph.D
Copyright (c) 2025 Maryam Bayero-Jimoh, Ph.D https://creativecommons.org/licenses/by/4.0
Divorce and Land Partition in Nigeria: Legal Remedies and Practical Challenges in the Distribution of Matrimonial Property
This article examines the legal and practical challenges associated with the partition of matrimonial land following divorce in Nigeria, within the context of the country’s plural legal system. Marriage creates proprietary and financial relationships between spouses, and its dissolution often leads to disputes over ownership and distribution of property, particularly land, which remains a vital economic and social asset. The study identifies a fundamental problem in Nigerian law: the absence of a clear statutory definition of matrimonial property and guiding principles for its equitable distribution. This gap has resulted in excessive reliance on judicial discretion, inconsistent outcomes, and significant evidentiary burdens on spouses seeking to establish proprietary interests. The study aims to evaluate the effectiveness of existing legal remedies for land partition after divorce and to determine whether the current framework adequately protects the proprietary interests of both spouses. Adopting a doctrinal methodology, it analyses statutory provisions, case law, and scholarly literature to assess the legal principles governing matrimonial property and land ownership in Nigeria. Findings reveal that Nigerian courts largely prioritise legal title and proof of financial contribution, often disadvantaging spouses who contribute indirectly through domestic labour and childcare. The study further identifies key challenges, including evidentiary difficulties, the influence of discriminatory customary norms, procedural delays, and the complexities of the Land Use Act. Comparative analysis shows that jurisdictions such as the United Kingdom, South Africa, and Ghana adopt more structured approaches that recognise both financial and non-financial contributions and promote equitable distribution. The article concludes that the current Nigerian framework is inadequate to ensure fairness, certainty, and gender equality in matrimonial property distribution. It recommends comprehensive legislative reform to define matrimonial property, recognise non-financial contributions, harmonise customary law with constitutional principles, and promote alternative dispute resolution mechanisms to enhance efficiency and access to justice
Copyright (c) 2026 Grace Abraham Ahiakwo https://creativecommons.org/licenses/by/4.0
Permanent Establishment and the Taxation of the Digital Economy in Nigeria: Challenges, Reforms and Future Directions.
The concept of permanent establishment has long functioned as the central threshold for the allocation of taxing rights over non-resident enterprises within international tax law. Traditionally anchored in the requirement of physical presence, the doctrine reflects an earlier economic order in which commercial activity was closely linked to tangible assets and fixed locations. However, this foundation has been significantly unsettled by the expansion of the digital economy. Enterprises are now able to participate actively in foreign markets, derive substantial income, and build sustained economic relationships without any meaningful physical footprint. This shift has exposed notable weaknesses in the ability of developing countries, including Nigeria, to tax cross-border digital activities under existing legal frameworks. This article interrogates the continued adequacy of the permanent establishment doctrine within Nigerian law in light of these developments. It examines recent statutory reforms, particularly the introduction of Significant Economic Presence under the Companies Income Tax Act and evaluates the extent to which this innovation addresses the limitations inherent in traditional nexus rules. The analysis is situated within the broader trajectory of international tax reform, drawing comparative insights from developed jurisdictions such as the United Kingdom, where a combination of targeted legislative measures, administrative capacity, and policy coordination has shaped the taxation of digital economic activity. The article demonstrates that while Nigeria has taken important and timely steps, considerable challenges remain. These include tensions with existing treaty obligations, gaps in administrative capacity, and practical difficulties in enforcement. It argues for a more coherent reorientation of taxing jurisdiction towards economic participation, supported by clearer legislative design, strengthened institutional frameworks, and sustained engagement with ongoing international tax reform initiatives. Ultimately, the article contends that an integrated and forward-looking approach is necessary if Nigeria is to respond effectively to the demands of a digitalised global economy.
Copyright (c) 2026 Ahmed Olatunji Isau https://creativecommons.org/licenses/by/4.0
Opinions and Awareness Among Resident Northern Nigerian Muslims on Human Organ Donation and Transplantation
The increase in the number of end stage organ diseases in the World and of the ageing population have led to the search for treatments, one of which is organ transplantation. The alarming rate in the rise of such diseases in Sub-Saharan Africa coupled with its poor health care system and general lack of awareness among its populace are issues of monumental concern. Nigeria being the most populous country in Sub-Saharan Africa, with an estimated population of over 206.14 million is a classical example of this lack of awareness especially in the Northern part of the country which has the highest percentage of Muslims. While data on vital organ diseases and on human organ donation and transplantation in relation to resident Nigerian Muslims is not available, this is not an indication that Muslims do not suffer from these diseases and would not need organ transplantation. Although Nigeria is a constitutional democracy, Islam plays a significant role in the lives of Muslims hence the necessity of finding out the Islamic law perspective on human organ donation and transplantation. Following a detailed analysis of the questionnaires administered, this paper titled: “Opinions and Awareness Among Resident Nigerian Muslims on Human Organ Donation and Transplantation” found out that the majority of resident Nigerian Muslims are not only uninformed about organ donation and transplantation but are doubtful of its permissibility, especially donation after death, Consequently, the paper recommended the need to enlighten Muslims on both living and deceased donations.
Mardhiyyah Munir Ja’afar Mardhiyyah Munir Ja’afar
Copyright (c) 2025 Mardhiyyah Munir Ja’afar https://creativecommons.org/licenses/by/4.0
Islamic Law Perspective on the Utilisation of Human Embryonic Stem Cells
Human embryonic stem cells are used for the treatment of conditions such as infertility, spinal cord injuries, genetic disorders, neurological and haematological diseases and are suggested as means of curbing graft rejection. Although new findings indicate that the body may reject transplanted human embryonic cells. The significance of human embryonic stem cells lies in their ability to proliferate and differentiate into different cells. Despite their prospective benefits, their utilisation raises issues from the perspectives of medicine, ethics, law and Islam. From the perspective of Islam, the two central issues that must be addressed in the context of using human embryonic stem cells are consent and abortion. This paper adopts a doctrinal research and discusses the Islamic law perspective on the utilisation of human embryonic stem cells. It is found out that willful termination of embryos for the sole purpose of obtaining cells is an act of aggression in Islam.
REVIEW OF LITERATURE ON TESTATE AND INTESTATE SUCCESSIONS UNDER THE YORUBA CUSTOMARY LAW
The Yoruba ethnic group is located in Southwest Nigeria. The Yoruba people have been in existence from the time immemorial, Yoruba customary law makes provision for Succession and this norm is guided by intestacy. However, testate succession among the Yoruba is not common and it is restricted to nuncupative (oral) wills. The Yoruba customary law is based on the patrilineal system of inheritance, therefore intestacy followed the male line. Under this arrangement the (Daudu) the eldest son shoulders the responsibility of taking care of the estate after the demise of their father. Moreover, male and female offspring inherit the estate and are joint owners. The offspring have the right to attend family meetings. The objective of this study is to examine the main provisions and principles of the norm testate and interstate succession under the Yoruba customary law. The paper discusses the rights of legitimate and illegitimate children, adopted children, spouses and its effect on (inheritance. The study explores the reasons that influence the concept of (Idi-igi) per stripes and (Ori- ojori) modes of property distribution among the Yoruba ethnic group. The study highlights on the impact of gender dynamics cultural norms on the sharing of estate in testate and interstate succession within the Yoruba ethnic group. The study uses doctrinal methodology of research, therefore relies on both primary secondary sources. The paper makes useful recommendations on how best to improve the distribution of estates under Yoruba customary law.
Copyright (c) 2025 IB Oba Ph.D https://creativecommons.org/licenses/by/4.0
Please bargaining in Focus: Legal Concepts and Theoretical Perspectives in Criminal Justice
This paper discussed a comprehensive legal and theoretical examination of plea bargaining as a mechanism within the administration of criminal justice. It explores the conceptual foundations of plea bargains, including related terms such as plea negotiation, plea agreement, and guilty pleas, while distinguishing their legal meanings and implications. The historical development of plea bargaining is traced, highlighting its evolution as a tool for expediting justice and reducing trial burdens. The paper classifies and analysed the main forms of plea bargaining including charge, sentence, and fact bargaining and evaluates their legal significance. The paper also examined the theoretical frameworks behind plea bargaining, including cognitive theory, deterrence theory, utilitarianism, social and political theories, and others. These theories provide a multidimensional perspective on why plea bargains are offered, accepted, and institutionalized. The paper also considers the application of these theories in real-world plea negotiations, assessing their impact on legal actors and the accused. The paper concluded by identifying key issues in the plea bargaining process and offers insights into achieving a balance between judicial efficiency, victims’ rights, and the defendant’s fair trial rights
Copyright (c) 2025 Adekunle Saheed Abiola https://creativecommons.org/licenses/by/4.0
ISSA ALABI'S POEM ON MAJOR CAUSES OF ECONOMIC CRIMES IN NIGERIA: AN ANALYSIS THROUGH ISLAMIC LAW PARADIGM
It is not in doubt that an average Nigerian citizen now passes through untold hardship in a bid to secure daily bread and sustain his family. Prevalence of economic crimes is one of the reasons accountable for this unpleasant situation. A discussion of the problem, economic crime, is the main thrust of this paper. Although, there have been monotony of legal and institutional frameworks from the side of the government to combat the menace, the thorny pain from the woes of the catastrophe is yet to abate. There has been a number of scholarly researches into the causes of economic crime but same is yet to achieve the much-anticipated result of taming the tide of the crime. It is thus the mindset in this treatise to survey what could be major factors responsible for the spread of economic crime with a view to advancing workable and effective solutions thereto. The fashionable perspective of Isa Abubakr Alabi, a Nigerian Arabic poet per excellence, in his poetic predication of the reason behind economic crime on moral decadence in man, has caught the fancy of the present researcher. To this extent, the work has adopted two different aspects of human moral turpitude which the poet under reference mentions as the twin points of instigation of economic and financial crime in the country. Employing doctrinal method of legal writing, which is in tune with pure analytic engagement that the pattern of work at hand requires, it is found that advancing adequate solutions to the two alluded moral deficiencies in man and heeding the said solutions will most likely checkmate economic crime and restore peace and fulfilment back to all. The writer shall achieve this by engaging in deep legal analysis of the said twin aspects of human moral decadence which have been discerned upon reading the first two collections of Isa Alabi’s Arabic poem; The Garden (Al-Riyadh) and The Seven Lines-Patterned Poem or Rhyme Royal (Al-Suba‘iyyat) of the same poet, Isa Abubakr Alabi.
Olagunju-Ibrahim, R.O Olagunju-Ibrahim, R.O
Hamzat-Umar Kawthar A Hamzat-Umar Kawthar A
Copyright (c) 2025 Ismail Danjuma Yusuf, Olagunju-Ibrahim, R.O Ph.D https://creativecommons.org/licenses/by/4.0
REASSESSING THE ROLE OF SHARI’AH LAW IN THE MODERN JUSTICE SYSTEM OF NIGERIA: ISSUES AND CHALLENGES
Nigeria’s legal system is characterized by pluralism, where English common law, customary law, and Sharīʿah law coexist. Sharīʿah serves as a key moral and legal framework, particularly for millions of Muslims in Northern Nigeria, guiding personal status, family, commercial, and, in some states, criminal matters. However, the 1999 expansion of Sharīʿah into criminal law has raised constitutional questions, human rights concerns, and practical challenges, including overlapping appellate structures and a shortage of legal practitioners trained in both Islamic and secular law. This paper reassesses the role of Sharīʿah in Nigeria’s contemporary justice system, exploring its historical foundations, institutional framework, and practical applications. Using a doctrinal and analytical approach, it examines constitutional provisions, state Sharīʿah penal codes, court structures, and leading judicial decisions. The paper highlights the strengths of Sharīʿah in promoting justice, social equity, and moral governance through principles such as Maqasid al-Sharīʿah. At the same time, the research identifies structural and operational hurdles that limit its effectiveness. These include jurisdictional ambiguities between Sharīʿah and secular courts, inconsistent application across states, political interference, and limited professional capacity among judges and legal practitioners. The paper concludes that for Sharīʿah to function effectively within Nigeria’s pluralistic legal order, there is a need to professionalize Sharīʿah courts, harmonize state penal codes, and integrate traditional Islamic scholarship with modern legal training. When properly supported, Sharīʿah can continue to offer an indigenous, culturally relevant, and effective mechanism for justice in Nigeria.
Copyright (c) 2025 Azeezat Arikewuyo-Ajumobi https://creativecommons.org/licenses/by/4.0
AI-Powered Legal Education and Practice: A Case Study of ChatGPT and the Islamic Law of Inheritance
This article explores the integration of ChatGPT into the study of the Islamic Law of Inheritance and its implications for legal education and practice. Although AI-powered tools like ChatGPT have the potential to revolutionize legal education and practice, their application in the context of Islamic Inheritance Law has been relatively unexplored. The research shows that while ChatGPT demonstrates a fair understanding of inheritance principles, it struggles to apply them accurately to cases and allocate shares consistently. Despite these limitations, ChatGPT proves to be a valuable tool in calculating and distributing estates when heirs are identified. Recommendations include further development, training, refinement of share allotment algorithms, addressing inconsistencies, and integrating ChatGPT with expert oversight. It concludes that failure to incorporate AI in legal education and practice is akin to ignoring reality a risky gamble for the future. Embracing AI is essential for navigating the complexities of inheritance in this digital age.
Copyright (c) 2025 Sodiq Sunkanmi Mustapha, Zainab Mojisola Oniyide, Kiramat Farayola Suleiman-Lawal, Dr Ahmad Hussein Folorunsho https://creativecommons.org/licenses/by/4.0
ADDRESSING THE UNIQUE EXIGENCIES OF INCARCERATED WOMEN IN NIGERIA: ANY LESSONS FROM ZIMBABWE AND THE UNITED KINGDOM?
International correctional practice increasingly acknowledges the gendered dimensions of imprisonment, yet most prison systems continue to reflect a male-oriented model that fails to account for the specific vulnerabilities of women. Utilizing a doctrinal research methodology with comparative tool and interviews, this paper interrogates how Nigeria’s legal and institutional framework addresses the exigencies of female incarceration and probes whether comparative insights from Zimbabwe and the United Kingdom can inform reform. Grounded in the constitutional guarantees of dignity under the 1999 Constitution, the Nigerian Correctional Service Act, 2019 and Standing Orders Custodial 2020, the study examines the scope and limits of existing protections. These are situated against international standards such as the Mandela Rules and the Bangkok Rules, which both emphasize proportionality, gender-sensitive healthcare, and non-custodial measures for women offenders. The paper explores the realities of female inmates in Nigeria through interviews conducted in select Nigerian correctional facilities. Comparatively, the paper highlighted the Zimbabwean jurisprudence, which has developed constitutional safeguards around dignity and oversight, and the UK which has established statutory and policy frameworks addressing restraints, reproductive healthcare, and community-based alternatives to custody. By synthesizing these approaches, the paper identifies systemic gaps in Nigeria’s custodial system and argues for reforms that strengthen gender-responsive practices, embed international human rights obligations, and expand community sentencing for women. The contribution lies in demonstrating that the humane treatment of incarcerated women is not only a legal imperative but also a measure of societal justice.
Copyright (c) 2025 Dorcas Adesola Thanni, Empire Hechime Nyekwere, Mary-Ann Onoshioke Ajayi https://creativecommons.org/licenses/by/4.0
ABILITY IN DISABILITY: EXPLORING THE DIGNITY AND HEALTH RIGHTS OF DISABLED CHILDREN IN SHARĪ‘AH AND NIGERIAN LAWS
An estimated 32 million people in Nigeria, including children, live with one form of disability or another. These individuals often face discrimination, rejection, and neglect, especially regarding access to basic social services such as healthcare. This demographic reveals the insufficient attention given to disabled children in Nigeria, particularly in terms of healthcare provisions, unavailability of medications, and specialised care. Despite existing legal instruments, including the Constitution, the Discrimination against Persons with Disabilities (Prohibition) Act and the Child's Rights Act, disabled children remain vulnerable. This paper investigates the Sharī’ah and Nigerian law’s position on the protection and care of disabled children facing health challenges and explores viable solutions. Employing a doctrinal method, the study analyses primary and secondary sources and finds that Nigeria law and the Sharī’ah not only advocates for the protection of disabled children’s health but also provides detailed provisions for their care, including physical and spiritual dimensions, which align with Islamic teachings and ethical standards.
Copyright (c) 2025 Abdulraheem Taofeeq Abolaji Ph.D, Aliyu Aliyu Imam https://creativecommons.org/licenses/by/4.0
JURISDICTION LIABILITY MODELLING FOR AI- DRIVEN TRADE SECRET MISAPPROPRIATION IN CROSS-BORDER POLICY INTEGRATION UNDER ISLAMIC LAW
The rapid advancement of Artificial Intelligence (AI) in global commerce has created unprecedented opportunities and risks. Among the most pressing challenges is the misappropriation of trade secrets facilitated by AI systems operating across borders. Traditional legal frameworks struggle to allocate liability when machine learning algorithms extract, generate, or misuse confidential business information. This seminar explores jurisdiction liability modelling for AI-driven trade secret misappropriation in the context of cross-border policy integration, with an added emphasis on compliance with Islamic legal principles. The research proposes a hybrid framework that integrates conventional legal doctrines, international instruments, and the maqāṣid al-sharīʿa (higher objectives of Islamic law) to ensure fairness, accountability, and justice in global digital markets
Copyright (c) 2025 Dr. Ayuba Abdulrasaq Jabaje https://creativecommons.org/licenses/by/4.0
Reproductive Rights and Religious Ethics: The Legal Status of Artificial Insemination under the Nigerian Constitution and Islamic Law
Islamic law allows assisted reproduction through certain conditions, based on independent juristic reasoning, if the process does not conflict with the core values of Islamic law. Artificial insemination exists as a controversial practice in Nigeria because it meets resistance from conflicting laws and moral codes of Islamic teachings. Nigerian Muslim couples dealing with infertility face a dilemma when medical technology provides artificial insemination because religious and legal guidelines remain unclear. Does artificial insemination pass Islamic Law standards? What is the legal status of a child resulting from artificial insemination procedures? This paper demystifies the legal position of artificial insemination practice within Nigerian law and Islamic jurisprudence. Islamic scholars who grant permission for married couples to use their biological material for reproduction at the same time condemn outside sperm and egg donations because they fear these practices will distort genetic lines. Nigerian law lacks clarity regarding the new technologies used by Assisted Reproductive Technology in defining who qualifies as a parent. Section 25(1)(b)2 of the Nigerian constitution recognizes heterosexual relationships as conventional parenthood. Nonetheless, that is a precarious assumption as it implies that there are no legal stances for children conceived through non-natural methods. The paper uses doctrinal research methodology to investigate assisted reproduction issues by studying both Nigerian regulatory frameworks together with Islamic Jurisprudential views. The results show that the lack of definite laws leads to unclear situations which demand quick legal adjustments to resolve the conflict. The paper calls for new laws to support Nigerian and religious perspectives.
Copyright (c) 2025 Mikail Kolawole Abdulsalam https://creativecommons.org/licenses/by/4.0
POWER OF COURT TO REFRAME ISSUES FORMULATED BY PARTIES IN A CASE AS A DICTUM
The power of court to reframe issues formulated by parties in a general manner has remained fluidic. The Supreme Court held that the law is indeed settled that an Appellate Court may, where it deems the issue or issues formulated for the determination of an appeal as incapable of serving the interest of justice or clumsily crafted, reframe or formulated the new issues for the determination of the appeal. The Court particularly in State v. Sani (2018) LPELR – 43598 (SC) held that it was entitled to reframe the issue or issues formulated by the parties; in order to give the issues precision and clarity, and in reframing the issue or issues different from issues formulated by the parties. This paper contents that the Court is tasked to ensure that the reframed or formulated issues are derived from the grounds of appeal filed by the parties. The paper further recommends that trial Judges are also entitled to reframe the issue or issues formulated by the parties in order to give the issues clarity and precision; as the Court is tasked with ensuring that the reframed or formulated issues are derived from the argument raised by the parties in their briefs.
Abubakar Ali Chifwang abubakar.chifwang@aun.edu.ng
Copyright (c) 2025 Abubakar Ali Chifwang, P. C. Obutte https://creativecommons.org/licenses/by/4.0
The Rise of Algorithmic Bosses: Rethinking Workers' Rights in Nigeria's Digital Economy
The digital transformation of Nigeria’s labour market has redefined traditional employment relationships, especially with the rise of gig platforms such as Uber, Bolt, and various food delivery services. At the heart of this transformation lies algorithmic management, where software, rather than human supervisors, dictates critical decisions about work assignments, pay, and performance. This article critically examines the adequacy of Nigeria’s existing employment law framework in addressing the unique challenges posed by this form of technologically mediated labour. It contends that the current binary classification of workers as either employees or independent contractors is ill-suited to the realities of platform work, which often combines elements of both. Arguing for a more nuanced legal approach, the paper proposes a hybrid framework that introduces an intermediate status for digital workers, expands core labour protections, and ensures algorithmic transparency. Ultimately, it calls for a rethinking of employment rights that aligns with the imperatives of human dignity, fairness, and social justice in Nigeria’s evolving digital economy.
Copyright (c) 2025 Yetunde Braimoh-Habeebu https://creativecommons.org/licenses/by/4.0
THE LEGAL REGIME OF CYBERBULLY AND VICTIM PROTECTION IN NIGERIA
The rise of digital technology and social media has transformed communication, but it has also given rise to new forms of harm, particularly cyberbullying. This paper critically examines the legal and institutional framework for addressing cyberbullying in Nigeria, with a focus on how victims are protected under existing laws. The paper adopts a doctrinal legal research methodology, being primarily qualitative and library-based, relying on both primary and secondary sources. Drawing from statutory provisions, case law, and international instruments, the study explores how Nigerian laws such as the Cybercrimes Act 2015, Child’s Rights Act 2003, NDPR 2019, and the Constitution respond to online abuse and digital harm faced by victims. The paper also evaluates the role of key institutions like the Nigeria Police Force, NITDA, NCC, NSCDC, and the Computer Professionals Registration Council, while comparing Nigeria’s approach with global standards such as the Budapest Convention and the UNCRC. Through real-life examples, unreported court cases, and victim testimonies, the paper highlights the practical challenges of enforcement, such as poor awareness, function overlap among institutions, and lack of data protection literacy among citizens. Finally, the study finds that while Nigeria has taken important legal steps, enforcement mechanisms remain weak, and victim support systems are underdeveloped. It recommends cordial institutional coordination, updated digital literacy policies, and targeted reforms to make cyberbullying laws more responsive and inclusive.
Copyright (c) 2025 Dr. lateef Adeleke, Zainab Ayonimofe Oluwo https://creativecommons.org/licenses/by/4.0
AN APPRAISAL OF YORUBA PEOPLE’S QUEST FOR SELF-DETERMINATION WITHIN THE CONTEXTS OF NIGERIA’S CONSTITUTION AND INTERNATIONAL LAW
Self-determination is one of the core ideas in international law it gives people the right to shape their own political future and work towards their economic and social progress. This paper takes a closer look at how this right applies under international law, focusing on the Yoruba Nation's movement in Nigeria. It digs into the legal roots of self-determination, drawing from major international documents like the UN Charter, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples’ Rights. The study examines the historical, political, and socio-economic forces driving the Yoruba Nation movement and determines whether these circumstances satisfy the external self-determinism criteria or are grounds for secession based on international law. It also interrogates the question of whether notwithstanding outright prohibition of succession under the Nigerian constitutional framework, recourse to these international instruments can provide the needed justification to back the agitation for Yoruba Nation. Through analysis of precedents established outside Nigeria concerning the actual provisions of the constitution and political conditions, it comes out in the paper that there exist tensions between self-determination and territorial integrity. It concludes that although the Yoruba agitation is driven by fundamental disappointment with the manner of governance and allocation of resources in the Nigerian federation, there are only a few legal bases in international laws on the possibility of secession by one part out of unilateralism. The demand for greater autonomy and restructuring can, however, fall within the acceptable limit of internal self-determination, providing a possible way of resolving ethnic grievances in the Nigerian federation.
Copyright (c) 2025 SAMUEL OLADOSU ADEDAYO, MOJEED OLUJINMI A. ALABI https://creativecommons.org/licenses/by/4.0
CRITICAL APPRAISAL OF INSTITUTIONAL MECHANISMS TACKLING DOMESTIC VIOLENCE AGAINST WOMEN IN NIGERIA
Domestic violence against women in Nigeria is a widespread phenomenon making news headlines on a daily basis with gloomy stories of single parenthood, mutilation, depression, horrific ill treatment, suicide, or even death trailing each occurrence. The home that should ordinarily be a safe haven for such women is turned to a battleground where disagreement and fisticuffs is the currency being spent. Despite the availability of enacted laws and institutional framework put in place to tackle this menace, its surge is still alarmingly high. This study adopts the doctrinal research methodology in critically analyzing existing institutions tackling domestic violence against women. The various trends to violence within Nigeria and in jurisdictions outside Nigeria are also examined. This study reveals the notoriety of the culture of silence and the low reportability of cases of domestic violence. It discusses the likely factors responsible like social stigmatization and how they can be improved upon. The research findings reveal that collaborative efforts between institutions would be rewarding as their activities are interconnected and none can barely function effectively without recourse to one another. The article concludes that domestic violence against women in Nigeria which is incredibly high will nosedive where there is attitudinal change and relevant stakeholders work towards stamping it out. Based on the research findings, the study recommends preventionist strategies like relationship counselling sessions, training and retraining relevant stakeholders in the discharge of their duties. It also recommends the strengthening of available institutions so that the fight against domestic violence will be effective.
Copyright (c) 2025 Dr Itunu KOLADE-FASEYI, Prof Olubayo OLUDURO, Prof Abimbola ALLEN https://creativecommons.org/licenses/by/4.0
SOCIO-ECONOMIC AND RELIGIO-LEGAL IMPORTANCE OF ESTATE DISTRIBUTION IN ISLAMIC LAW
This paper examined Socio-Economic and Religio-Legal Importance of Estate Distribution in Islamic Law. In order to achieve the aim and objectives of this research, the meaning of Islamic inheritance and significance of Islamic rules of inheritance were briefly discussed. The paper adopted a doctrinal method of research by conducting in-depth analysis of the primary and secondary sources of legal research. It specifically examined and analysed Chapter 4 verses 7, 11, 12 and 176 of the Glorious Quran and some prophetic traditions with a view to pointing out economic, social, religious and legal importance of distribution of estate in Islamic Law. The paper found that in pre-Islamic Arabia, daughters, mothers, widows, sisters and minors were excluded from succession, but, with advent of Islam, the moral and social position of women were raised thereby giving them heritable rights. The writer’s major finding is that distribution of estate serves as a method of re-distribution of wealth among the heirs and it breaks up the concentration of wealth from the hands of few individuals and spreads it out in the society. The paper recommended that this area of knowledge should be learnt, taught and encouraged among Muslim community through the regular holding of conferences, seminars, workshops and public campaigns to bring about awareness of its importance among the Muslims.
Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
THE CHILD RIGHTS ACT IN NIGERIA AND ONLINE CHILD SAFETY
The Child Rights Act (CRA) of 2003 fails to address online child safety amidst the evolving digital landscape. Anchored on the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), the CRA provides a comprehensive framework for protecting children’s rights to survival, development, and protection. However, the Act’s lack of specific provisions addressing digital threats such as cyberbullying, online grooming, sexual exploitation, and data privacy violations highlights significant legislative gaps. Through a doctrinal research methodology, this study analyses primary legal sources, including the CRA, Cybercrimes Act of 2015, and international instruments, alongside secondary sources like scholarly articles and reports from organizations such as UNICEF. The findings reveal uneven domestication of the CRA across Nigeria’s 36 states, weak enforcement mechanisms, limited digital literacy, and inadequate institutional coordination as key barriers to ensuring online child safety. A comparative analysis with international best practices, such as the UK’s Online Safety Act, the EU’s General Data Protection Regulation (GDPR), and the US’s Children’s Online Privacy Protection Act (COPPA), underscores Nigeria’s lag in adopting child-specific digital protection measures. The study proposes legislative reforms, including the passage of the Child Online Access Protection Bill, nationwide CRA domestication, enhanced institutional capacities, and public awareness campaigns to promote digital literacy. It also recommends integrating digital safety education into school curricula and fostering collaboration with international bodies to combat transnational online child exploitation. This research contributes to the discourse on child protection by advocating for a dynamic, technology-driven legal framework to safeguard Nigerian children in the digital age, while identifying areas for further studies, such as the role of artificial intelligence, gender dimensions, and child participation in online safety policy-making.
Dr. Z.O Shittu-Adenuga Dr. Z.O Shittu-Adenuga
Copyright (c) 2025 Dr. Z.O Shittu-Adenuga, Ibrahim Owolabi https://creativecommons.org/licenses/by/4.0
LEGISLATIVE POWERS UNDER THE NIGERIAN AND BRITISH CONSTITUTIONS: THE PLACE AND ROLE OF COMMITTEES
This paper explores Legislative Powers under Nigeria’s 1999 presidential constitution and the British parliamentary system with emphasis on the role of legislative committees in handling the increasing volume and complexity of parliamentary businesses. While Nigeria’s Constitution vide Section 62(1) empowers the National Assembly to form committees, the British system is a product of long-established and institutionally mature tradition. The papers undertook an epochal review of the historical development of the Committee system in both jurisdictions, highlighting areas of convergence and how the committees have contributed to governance in the wider system of government in place. Through doctrinal research, based on constitutional texts, statutes, case law, and scholarly literatures, the paper explores basis, types, number, composition, powers, functions and other characteristics of committees. A unique Committee identified and expounded hereof is the 1922 Committee in the British House of Commons. The study finds that committees are central to legislative businesses andthe success thereof, in both jurisdictions.
A CONCEPTUAL CLARIFICATION OF SOME SALIENT TERMSIN ISLAMIC FAMILY LAW IN NIGERIA
One of the essential issues to consider at the commencement of a legal research is conceptual clarification of key terms used in the work. It is therefore important in every legal research work to clarify the key words and examine their conceptual meaning. This is to enable the readers understand what the writer has in mind and clearly perceive the intents and purposes of the research work. Conceptual analysis essentially involves the definition of the concepts used by the researcher in the course of writing his work. Since words are capable of having more than one meaning ascribed to them aside their natural meaning, it is apposite for the researcher to properly contextualize the words used in the work so as to aid comprehension and to enable readers understand the mind of the researcher and the message he is trying to pass across. In a topic related to Islamic family law, in general and the rights of spouse under it in Nigeria, there are several words that need this clarification. The aim of this article is to do so. It therefore examined some important words link for easy understanding of the rights of spouses as enshrined in Islamic family law in Nigeria. Priori / doctrinal research method was used. Thus, primary and secondary sources of Islamic law were used. Provisions of the Qur’an and Sunnah were cited. Explanations, from text books authored by Muslim scholars and legal sages were incorporated. Information retrieved from internet websites were equally utilized. It was found that words like right, spouse, polygamy, al-kafa’ah, shari’ah, fiqh and fatwah are all terms usable in a write up on the rights of spouses under Islamic family law in Nigeria. Some of these words were misconceived by many people. It therefore constituted an obstacle for understanding the rights of spouses under Islamic family law in Nigeria. It was therefore recommended that muslim scholars should embark on awareness programs to enlighten people on this issue.
Copyright (c) 2025 Dr. Y.S Uthman, Jibril Abubakar Baba https://creativecommons.org/licenses/by/4.0
FROM LAW TO LIFE: EFFECTIVENESS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR COMBATING DOMESTIC VIOLENCE IN NIGERIA
Domestic violence has become a recurrent phenomenon in the African clime, such that various Nations have established legal and institutional mechanisms for combating this great and odious menace. This Article aims to bridge the gap between Nigeria’s formal legal frameworks and everyday cultural practices to effectively combat domestic violence in Nigeria. Despite robust legal protections, domestic violence remains pervasive due to cultural norms and practices that undermine these laws Prevalent consciousness that sees the female gender as inferior to the male gender which is further exacerbated by certain cultural and religious teachings that has contributed to the myopic or stereotypes to which the female gender are perpetually subjected to which invariably leads to certain forms of violence perpetrated against the female gender has proven problematic in the effort to sustainably combat domestic violence. The Article employing the doctrinal research methodology, evaluates the laws and institutions set up to combat domestic violence; implementation challenges and gaps in enforcement, highlighting systemic barriers that hinder effective protection and therefore recommends that for the law to be effective certain sthings must be addressed like examining the strengths and weaknesses of existing frameworks, identifying areas of improvement and propose strategies to enhance better protection of the victim. Combating domestic violence in Nigeria requires a multifaceted approach that combines legal reforms, awareness campaigns, support services, community involvement, data-driven policies, and efforts to change mindsets and cultural attitudes. The ultimate goal is to create an environment where domestic violence is not tolerated, survivors are supported, and perpetrators are held accountable.
Equitable Distribution and Gender Justice:Analyzing Women's share in Marital Property Regimes
This article critically examines the principle of equitable distribution in marital asset division, with a particular focus on the recognition and valuation of women’s contributions, both financial and non-financial, within marriage. It interrogates the extent to which legal systems acknowledge the multifaceted roles women play in sustaining marital partnerships, including income generation, domestic labor, caregiving, and emotional support. Drawing on feminist legal theory and intersectional analysis, the study explores how statutory frameworks, judicial discretion, and cultural norms across jurisdictions, including Nigeria, South Africa, the United Kingdom, and the United States, shape the outcomes of asset division upon divorce. It highlights the systemic undervaluation of domestic labour, caregiving, and emotional support, and identifies key barriers to equitable distribution, such as legal ambiguity, patriarchal traditions, financial illiteracy, and asset concealment. In many cases, these plural legal systems reinforce gender hierarchies and fail to provide adequate remedies for women whose contributions are not easily quantifiable in monetary terms. The analysis underscores the need for a more inclusive and context-sensitive approach to marital property division, one that accounts for the lived realities of spouses and the socio-economic dynamics that shape marital relationships. Through an extensive review of case law and empirical data, the article reveals that existing legal regimes often fail to deliver substantive equality for women, particularly in contexts where customary and religious laws dominate. The article argues for a transformative approach to marital property reform, advocating for statutory clarity, judicial training, expanded legal aid, public education, and institutional safeguards against financial manipulation. By integrating legal analysis with socio-economic inquiry, the article contributes to the discourse on gender justice in family law and calls for reforms that recognize and reward all forms of marital contribution. The pursuit of equitable distribution, it concludes, must be grounded in both legal principle and lived reality to ensure fairness, dignity, and equality for all spouses.
Copyright (c) 2025 Grace Abraham Ahiakwo https://creativecommons.org/licenses/by/4.0
The Human and Ecological Health Impacts of Carbon Emissions: Structural Injustice, Legal Fragmentation, and the Path to Integrated Climate Governance
This paper offers an interdisciplinary analysis of the human and ecological health impacts of carbon emissions, foregrounding their role as structural drivers of environmental injustice and legal fragmentation. Drawing on international environmental law, climate science, and human rights frameworks, the paper reconceptualises carbon emissions not merely as atmospheric pollutants but as embedded causes of systemic health disparities and ecological collapse. The analysis demonstrates how fine particulate matter (PM2.5), black carbon, and ozone disproportionately affect low-income, racialised, and geographically marginalised populations. These health burdens are not incidental but result from regulatory failure and weak accountability mechanisms. Indirect effects, including food insecurity, mental health deterioration, and displacement, further compound these inequities, particularly in the Global South. The paper critiques the limitations of prevailing legal regimes such as the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity, and the International Covenant on Economic, Social and Cultural Rights. Despite mounting scientific evidence and normative advances, these frameworks remain poorly integrated and weakly enforced. Landmark litigation and human rights developments, including the 2021 United Nations Human Rights Council recognition of the right to a healthy environment, are examined as legal counter-narratives. The paper concludes with a call for integrated legal-ecological governance. It proposes binding reforms that link public health, biodiversity, and emissions accountability through mechanisms such as ecological personhood, citizen climate councils, and climate-health surveillance systems. These innovations are essential to advancing justice-based climate law responsive to both planetary thresholds and human vulnerability.
Copyright (c) 2025 Adekunle Akinola https://creativecommons.org/licenses/by/4.0
Israel - Hamas War: Interrogating the Legality or otherwise of the Attacks on Medical Establishments in Gaza Strip
Various United Nations Conventions and Protocols afford special protection to medical establishments and personnel whose mission is to save lives and provide health care for civilians and combatants alike. However, when medical establishments are used to interfere directly or indirectly in military operations or for military purposes, thereby causing harm to the enemy, the rationale for their specific protection ceased. The allegation of use of hospitals for military purposes in the ongoing war between Israel and Hamas and the consequential attacks on the medical establishments in Gaza Strip displays the contemporaneity of the problem discussed in this study. This study therefore interrogates the legality or otherwise of the attacks on medical establishments in the ongoing war between Israel and Hamas in Gaza Strip, using doctrinal method of legal research and analytical approach. The findings of this study indicates that parties to the war are taking unfair advantage of the flexibility of the exceptions to the protection of medical establishments in armed conflict to deliberately or recklessly violate International Humanitarian Law – in particular the prohibition of launching indiscriminate attacks and the principle of proportionality and precautions in attack. This study concludes that nonetheless the use of medical establishments for military purposes which may legally and morally justify an attack against such protected facilities, there are certain precautions expected of the attacking party; and with specific recommendations on how to interpret the law governing such attacks; and proposes adoption of additional international legislation complimentary to the Geneva Convention for the protection of medical establishments in conflicts.
Copyright (c) 2025 OYEDOTUN OMOTEYE, ALFRED OLUROPO FILANI, Ph.D, OLAIDE AWWAL-BOLANTA https://creativecommons.org/licenses/by/4.0
EMPIRICAL ANALYSIS OF ISLAMIC DISPUTE RESOLUTION SYSTEM IN SOLVING MARITAL DISPUTES IN OSUN STATE, NIGERIA
Dispute and conflict are though not desired, part of human existence, the very co-existence of man is a factor for the existence of dispute. The dispute phenomenon is more likely where persons of different ideology, background and orientation desired to live as conjugal partners bounded by marriage. The aforementioned factors will definitely create conflict of interest, life view and ultimately cause dispute. Despite the inevitability of a dispute situation in marital life, the objective of every society and legal system is to ensure continuous cordiality, bliss and happiness between couples. This assertion is more true of Islamic law. Thus, various legal systems have put mechanisms in place to resolve marital disputes. Islamic law recommends and places emphasizes on ADR over litigation in solving marital disputes, the law regards litigation as a last resort option. In Nigeria, the northern region has generally taken the front in the application of Islamic law including marital dispute resolution. The western region including Osun state is still up-coming in this regard. The retarding situation is due to factors such as colonial history amongst others. However, Osun state has seized the opportunity of its significant Muslim population to explore Islamic marital dispute resolution mechanisms. This paper adopted empirical methodology to examine the operation of the dispute resolution mechanisms especially the ADR options, their effectiveness in solving marital disputes in the state as well uncover the challenges facing the system.
Copyright (c) 2025 Mohd Jamiu Ayinla-Edun, Suliyat Damilola Adebayo, Mamudat Ifeoluwa Olohungbebe https://creativecommons.org/licenses/by/4.0