A CRITICAL APPRAISAL OF ELECTION PETITIONS UNDER NIGERIAN LAW

Abstract:

This dissertation appraised the effectiveness or otherwise of election petitions under Nigerian law in order to ascertain whether or to the present state of affairs should continue or there is the need to put in place some other measures to ensure better electoral system and dispute resolution mechanism in our electoral process. To achieve this, the thesis adopted an amalgam of doctrinal and empirical research method. Thus, using material derived from both primary and secondary sources. The primary sources include the Constitution, Electoral Act, Practice Directives, Court of Appeal Act and Case Laws, while the secondary sources include books, journals, articles, newspapers and internet materials. It was found among others that section 285(6) and (7) of the Constitution which provides 180 days for tribunal to dispose election petitions is in consequence contrary to all principles of fairness and justice most especial as the 180 days include Saturdays and Sundays as well as court vacation and invariably include any period of strike and when a trial is ordered de novo. It was also found that several interlocutory applications are taken within this period, the opposing party would also exercise his right to cross-examine the witnesses; each party can call as many as witnesses as he or she wishes. Then Tribunal must also review the evidence and gave judgment within 180-day limit. The research revealed that it is difficult to see how a party can be given fair hearing in this circumstance. In view of this the research suggested among others that there should be a proviso to section 285(6) and (7) of the Constitution to the effect that, where in the determination of election petitions and appeals, the sittings of the courts and tribunals is prevented by labour strikes, such circumstances should be excluded from the 180 days provided in section 285 of the Constitution.

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AN APPRAISAL OF THE ASCERTAINMENT OF APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS

Abstract:

This thesis entitled, “An Appraisal of the Ascertainment of Applicable Law of Torts in Conflict of Laws” aimed at ascertaining the applicable law of torts in conflict of laws situation in Nigeria by examining various rules that have been perfected to take care of such processes based on choice of law approach, among the various rules. Traditionally, most of the rules governing the ascertainment of applicable law of tort in conflict of laws were more theoretical in nature, based mainly on the application of the Lex Fori, Lex Loci deliciti, the proper law of the tort, characterization, and modern theories. Thus, against this backdrop, the objective of this research is to identify the major aspects of torts in the conflict of laws that formed the core of choice of law, with particular reference to Nigeria and to further identify challenges involved there in. However, a major finding of this research is that there are certain areas of conflict of laws where the application of the rule in Phillips vs. Eyre (as the prevailing choice of law rule in Nigeria) is unsuitable to the Nigerian circumstances. It is noted that the rules in Phillip vs. Eyre and Boys vs Chaplin were designed or rather adopted when human interactions, productions, means of communication and science and technology were not advanced as today. In the comparative evaluation of the rules in the commonwealth countries and in America, the writer laid more emphasis on the view point that have practical relevance to each jurisdiction in order to satisfy the yearnings of a balanced determination of conflicts emanating from frictions arising out of the natural contact between individuals and interests. Obviously, the statement of problem of this thesis therefore suggested that there is uncertainty of the applicability of law of tort in conflict of laws situation in Nigeria. In other words, where there is a case of tort involving foreign element in Nigeria, the court in Nigeria is faced with the problem of which law is applicable? For example, is it the forum law or the foreign law of torts that will apply? This uncertainty is caused by the fact that there are several factors to be considered in order to arrive at a choice of the applicable law. It is the existence of this problem that motivated this work. On this note, the researcher concluded by recommending (among others) that, the Nigerian legislatures, both the National Assembly and States Assemblies, should enact a law that will take care of jurisdiction and ascertainment of applicable law when the cause or matter has a foreign element. The sources of information relied upon here are doctrinal method of acquiring data and information was used, thereby, combining several documents, ranging from text books, journals, statutes and other relevant treaties to accomplish this work.

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Feb 23

A Legal Analysis Of Job Security Law in Nigeria

A Legal Analysis Of Job Security Law in Nigeria

Under applicable laws, workers generally harbour a variety of expectations as regards their jobs. The most paramount of these expectations is, perhaps, the right to job security. There is, however, a struggle between employees and employers over this right. This struggle is a species of the larger struggle over property rights in a society where owners are often allowed to exercise their rights without regard to the rights of others. Hence, this research engages the friction between employer’s power to hire and fire at will and the employee’s right to job security. This research argues in support of departing from the regime of viewing job security as a contractual right to a status guaranteed right. While it may be asserted that status guaranteed right has been largely achieved in the public sector, the same cannot be said of the position in the private sector except in cases where the employee is terminated for his involvement in trade union activities outside the usual working hours. The research also analysed the provisions of the International Labour Organisation (ILO) Convention on Termination of Employment and the contribution of the National Industrial Court (NIC) to job security in Nigeria.The research carried out a comparative analysis of job security using South Africa, Kenya and Ghana.

Job Security Law in Nigeria: Towards a Transition from Contract to Status

The basis for the comparative model is the fact that these countries share the same common law background with and are all emerging economies like Nigeria. The research reveals that in these developing countries, especially South Africa, the right not to be unfairly terminated is well entrenched in the Bill of Rights as contained in their respective Constitutions. On the basis of this, the research concludes that there is a need for Nigeria to embrace this model development through direct application of international best practices on job security and the enactment of unfair dismissal legislation.

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Feb 06

LIST OF NIGERIA ENVIRONMENTAL LAWS

Criminal Code Act⁵⁵

Relevant sections of the law provide for the prevention public health hazards under Sections 245 to 248 which criminalise fouling of water⁵⁶, burial in houses, vitiating of the atmosphere and selling matches made with phosphorous.

The Oil Pipelines Act 1956

The Act makes provision for licences to be granted for the establishment and maintenance of pipelines incidental and supplementary to oil fields and oil mining, and for purposes ancillary to such pipelines. This Act provides a compensation regime to compensate the owner of any land, whose land or interest in land is injuriously affected by the transportation of mineral oil or natural gas.⁵⁷ This Act is commendable for making provisions for the courts to play roles that will ensure just assessment of compensation not only for damages done to buildings, profitable tress or crops, loss of value in land or interest in land, disturbance or damage suffered by reason of or as a consequence of a holder’s negligence.⁵⁸

The Oil Mineral (Safety) Regulations 1963

This regulation forbids the discharge of noxious or inflammable gas and penalizes its contravention.

Petroleum Regulation 1967

This prohibits the discharge or escape of petroleum into waters within harbor areas and makes provision for precaution in the conveyance of petroleum and rules for safe operations of pipelines.

Oil in Navigable Waters Act 1968⁵⁹

Under this Act the discharge of oil or any mixture containing oil into the territorial or navigable inland waters is prohibited.

The FEPA Regime

The Federal Environmental Protection Agency (FEPA) Decree came as an awakening when toxic waste was dumped in a small town of Koko inDelta State in 1988. Harmful Waste Degree 42 of 1988 also came in the wake of the Koko Toxic Waste Dump saga. Under the FEPA Act,the Agency was empowered to set national environmental standards with respect to water quality, air quality and noise control. FEPA also empowered to make recommendations regarding programmes for the control of any substances, practice, process or activity which may reasonably be anticipated to endanger public health or welfare.

As a legislative response to the Koko-type of problems, section 2(1) of the Act provides that “the discharge in such harmful quantities of any hazardous substances into the air or upon the land and the waters of Nigeria or at the joining shoreline is prohibited, except where such discharge is permitted or authorized under any law in force in Nigeria”. The FEPA law provided a penalty of N100, 000 ($ 275.10) or imprisonments up to ten years in the case of an individual offender and a whopping sum of N500, 000.00 ($ 1, 375.52) for corporate bodies. N500 ($ 1.38) is imposed for everyday the offence subsisted. The offender, in addition to the fine or imprisonment stated above would also be required to pay:

The cost of removal thereof, including any costs, which may be incurred by any Government body or agency on the restoration or replacement of natural resources damaged or destroyed as a result of the

cost of third parties in the form of reparation, restoration, restitution or compensation as may be determined by the Agency and any other relevant policy.

This was the position of the law for the prevention of environmental degradation in Nigeria before the passage of National Environmental Standards and Regulation Enforcement Agency (NESRA) Act 2007.

The National Environmental Standards and Regulation Enforcement Agency -NESREA Regime

As the scope of FEPA began to broaden, a new agency was set up to cope more effectively withthe new challenges. FEPA metamorphose into National Environmental Standards and Regulation Enforcement Agency (NESREA) by NESREA Act 2007.NESREA has branches in all the States of the Federation of Nigeria. NESREA mandate includes: monitoring, reduction, and protection of theNigeria environment.

The National Environmental Standard Regulations Enforcement Agency (NESREA) is an agency of the federal ministry of Environment charged with the responsibility of enforcing all the environmental laws, regulations and standards in deterring people, industries and organization from polluting and degradingthe environment. NESREA Act was signed into law by former late President Umaru Musa Yar’Adua(GCFR) and this was published in the federal Republic of Nigeria

official gazett. NESREA has the mandate for protection and development of the environment, biodiversity conservation and sustainable development of the Nigeria natural resources in general and environmental technology including coordination and liaison with relevant stake holders within and outside Nigerian on enforcement of standards,regulations, rules, laws, policies and guidelines.

Functions of the National Environmental Standards and Regulation Enforcement Agency (NESREA)include:

Enforce compliance with laws, guidelines, policies and standards on and standard matters;

coordinate and liaison with stake holders within and outside Nigeria, matters on environmental standards, regulations and enforcement;

Enforce compliance with provisions of international agreements, protocol, conventions and treaties on the environment including climate change, biodiversity conservation, desertification, forestry, oil and gas, chemicals, agreements as may from time to time come into force;

Enforce compliance with policies, Standard, legislations and guidelines on water quality, environmental health and sanitation, including pollution abatement;

Enforce compliance with guidelines, and legislations policies, and legislations on sustainable management of the ecosystem, biodiversity, conservation development of the Nigeria natural resources,

Enforce compliance with any legislation on sound chemical management, safe use of pesticides, and disposal of spent packages

Enforce compliance with regulations on importation, exportation and distribution,storage, sale, use, handling and disposal of hazardous chemicals, and waste other than in the oil and gas sector;

Enforcethrough compliance monitoring, environmental regulations and Standards on noise, air, land, sea, oceans and other water bodies other than in the oil and gas sector

Ensure the environmental project funded by donor organization and external support agencies adhere to regulations in environmental safety and protection;

Enforce environmental control measures through registration, licensing and permitting system other than in the oil and gas sector;

Conductenvironmental audit and establish data bank on regulatory and enforcement mechanism of environmental standards other than in the oil and gas sector;

Create public awareness and provide environmental education on sustainable environmental management, promote private sector compliance with environmental regulations other than in the oil and gas sector and publish general scientific or other data resulting from the performance of its functions; and

Carry out such activities as are necessary or expedient for the performance of itsDownload Full Material-N5000

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A CRITICAL APPRAISAL OF ELECTION PETITIONS UNDER NIGERIAN LAW