AN ANALYSIS OF THE CONCEPT OF VICTIMS OF CRIMES IN NIGERIA

AN ANALYSIS OF THE CONCEPT OF VICTIMS OF CRIMES IN NIGERIA

Abstract:

It is not exaggeration that despite the effort of NAPTIP and other bodies like the ILO, there are still cases and reports of women and child trafficking in Nigeria. There are occasions where hospitals take in young pregnant girls, offer them money for their babies ranging from N20,000-N25,000, which they in turn sell between N150,000-N30,000 depending on the gender of the baby. Regrettably, many Nigerian children in particular and Africa in general are prone to the whims and caprices of human traffickers at a very astronomical rate. Some of the problems of trafficking in persons are; the past and present military and political leaders lack political will of the states to deal with the current issues despite large budgetary amount that was earmarked to deal with the issue of all sorts of criminal activities, parents and relations of trafficked persons are never interested in helping law enforcement officials to discourage their children or alert the officers responsible for the prohibition of trafficking in persons, The absence of reliable records in the offices of NAPTIP, various ministry of justice and some police departments on crimes and victimization has hindered the understanding of crime pattern and trend of human trafficking, the lack of enforcement mechanisms in to search arrest and prosecutions of the suspects of trafficking and deal with them in accordance with provisions of the law is another problem. Some of the objectives are; to examine the laws on trafficking, to examine the application of the law on the offence of trafficking, also to establish findings on the application of those laws on the offence of trafficking and to provide recommendations. The findings are; the judiciary and administrative mechanisms for the prevention of human trafficking is ineffective, illiteracy contribute a lot to backwardness of combating human trafficking, Nigerian anti-trafficking law in itself does not provide a serious punishment that is commensurate with the gravity of the offences, it has been observed that there has been a problem of lack of coordination between international agencies and the Nigerian domestic agencies, i.e. NAPTIP and other law enforcement agencies that are meant for protection of trafficking. The recommendations are; Judicial and administrative mechanisms should be strengthened where necessary to enable victims to obtain prompt and adequate redress through formal and informal procedures that are expeditious, fair, inexpensive and accessible, Need to educate the public about the rights and duties of suspects, offenders, victims and the state as stakeholders in the criminal justice system, Need to further re-examine our criminal justice administration with a view to addressing the problems created by our inheritance of a colonial system which extols the theory of law and state to the point that recognizes only the state and the offender as the “parties” to criminal proceedings, and to the attendant neglect of the rights and welfare of the victim.

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Analysis Of The Institutional And Legal Framework For Sovereign National Conference Of 2014 In Nigeria

Analysis Of The Institutional And Legal Framework For Sovereign National Conference Of 2014 In Nigeria

Abstract

Initiated by President Goodluck Ebele Jonathan, in 2014 National conference aims to construct a viable, stable, and just political system in Nigeria. This is in direct opposition to the opposition’s and other groups’ persistent requests for a sovereign national assembly to address the country’s national question, which is characterised by systemic contradictions, distortions, marginalization, and institutional brutality. This has not prevented the “forced” National Dialogue from causing problems for the opposition and regular citizens in Nigerian society. Among the concerns that must be addressed are dialogue’s capacity, competency, and legitimacy to address basic national challenges such as calls for justiciable fiscal federalism, systemic imbalances, self-determination, and resource control. The Dialogue must also be legitimate in order to address these important national issues. Will the Dialogue, as a starting point, drastically redesign and improve the nation’s political destiny by solidifying national unity, or will it destabilize and destabilize? In addition to the first two concerns, the National Assembly is concerned that the conference report will not be adopted as a legal instrument capable of protecting Nigeria’s unity in diversity in the face of threats to Nigeria’s unity and corporate identity, given the idiosyncratic nature, lineage, and apparent power configuration of President Goodluck Ebele Jonathan, as well as the sovereign limitations of the Dialogue. Will the report of the Dialogue avoid the same fate as previous initiatives, such as the Oputa Panel on Human Rights Abuse and the Nigerian Political Reform Conference under the administration of Chief Olusegun Obasanjo, in which the report was equivocal and subsequently died? How significant is the government’s opposition to having a sovereign summit, and why has the administration declared that future conversations on Nigerian unity are “off-limits”? This research will need to determine how the National Conference/Dialogue will effect Nigeria’s ability to remain together despite its many ethnic and religious groups. This is only one of the many obstacles that will need to be overcome.Download Full Material-N5000

THE LAW OF LIBEL AND PRESS FREEDOM IN NIGERIA

THE LAW OF LIBEL AND PRESS FREEDOM IN NIGERIA

Abstract:

Generally in all societies, great importance is s t i l l attached to individual ‘s reputation and his self esteem. For example the protection of human dignity, the concern which under l i e s libel law is given special constitutional status in Germany under their basic law and recently a person’s reputation was regarded as one of his fundamental l i b e r t i e s protected by the due process clause of the United States Constitution. Thus any one who is concern about the manifold threats to peoples reputation by a section of the Nigerian press, is bound to ask what safe guards against them are provided by the law. It is in view of these, that the topic of this t h e s i s namely The Law of Libel and Press Freedom in Nigeria has been choosen. The research gave with the backing of legal a u t h o r i t i e s , situations which lacks legal remedies, as a result meets this question in two ways viz :- (a) The research gave an account of the laws which protects and guarantees freedom of the press on one hand and peoples reputation in various context on the other hand, and cites some recent judicial decisions. (b) Secondly, the research made a number of suggestions for new legislation.

CHAPTER ONE

of the thesis consists of introduction, the historical evolution of the early and modern press in Nigeria; and the meaning of the term press freedom.

CHAPTER TWO

examines the constitutional basis of press freedom and proceed to discuss some legal restraints or limitations to press freedom.

CHAPTER THREE

focuses on the law of defamatory libel and the press in Nigeria, and also examined the extent to which English defamation laws can be applied side by side with the Customary law of defamation in Nigeria.

CHAPTER FOUR

considers the traditional defences available to a defendant of libel suits and the possible remedies available to the successful plaintiff in such action.

CHAPTER FIVE

being the last chapter consists mainly of conclusion and suggestions for new legislation

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A CRITICAL APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ANTI CORRUPTION CRUSADE IN NIGERIA

ABSTRACT

 

 

 

This dissertation gives an appraisal of the legal regime for combating corrupt practices in the public service of the federation. The objectives of the study are to examine the legal regime for combating corrupt practices in the public service of the Federation. Highlight the merits, demerits, challenges and to proffer some recommendations.

The main problem with the legal regime to combat corruption in the public service is lack of focus on the issues that cause corruption therefore result in failure to apply the appropriate remedies to tackle corruption. Another key challenge affecting the fight against corruption in Nigeria is the location of anti-corruption functions within multiple and operationally diverse institutions, which despite their closely related and even overlapping mandates have limited interface and cooperation and seldom coordinate policies and operations. Other factors affecting the fight against corruption are lack of funding, and bureaucracy.

Furthermore, the immunity clause under section 308 of the Constitution of the Federal Republic of Nigeria precluding prosecution against some members of the public, the system to check those in authority is ineffective to supervise and be a motivating factor for individuals to be honest in their work and the constitutional safeguard for presidential pardon in insufficient to restrict the abuse of the power by the president.

Despite all efforts, Nigeria continues to fall short of the standards and requirements of an effective anti-corruption regime as embodied in regional and global anti-corruption conventions.

It is observed that the legal regime to fight corruption have failed to curb corruption in the public sector. Unfortunately, the trend is that corruption is exacerbating with the passage of time

 

       ORGANIZATIONAL LAYOUT

 

The dissertation is divided into five chapters. Chapter one provides the general background of the study highlighting the introduction of the topic, statement ofUnder it, the Penal and Criminal Codes will be briefly discussed. Also, Auditor General of the Federation, Public Procurement Act and Nigeria Extractive Industries Transparency Initiatives and presidential pardon will be discussed so as to show the loopholes that prevents such legal framework from curbing corruption in the public service.

Chapter four examines the institutional framework for combating corruption in Nigeria. Under it, judiciary, ICPC, EFCC and the Nigerian Police and Public Complaints Commission will be discussed so as to show the effectiveness and otherwise of such institutions to curb corruption.

Chapter five provides the summary, conclusion, finding of the study, and recommendations to address the issues of corruption in the public service.Download Full Material-N5000