THE HOLE OF THE UNITED NATIONS IN CONFLICT MANAGEMENT

Abstract:

Going down memory lane, we discovered that states have always sought to manage conflicts that impede peace and security in the society at large. With this in mind, I forged ahead to see what international institutions can do to help ameliorate the suffering that comes with conflict. This study, therefore, is concerned with collective management mechanisms of actual or potential conflict so as to save succeeding generations from the scourge of war which twice in our lifetime has brought untold sorrow to mankind. After some working assumptions, the study examined briefly the historical development of international institutions. The United Nations is however the focal point of the study. Thus we examined the role of the mo3t universal institution ever organized by States in their international relations. The United Nations has the responsibility of bringing about by peaceful means, and in conformity with the principles of justice and international law, the management of conflicts. We observed that conflict, which can be ‘crisis’ ‘dispute1 or ‘situation’, has no acceptable definition in international relations. Nevertheless, no matter vii the terminology, the fundamental premises on which conflict is based cannot be removed. Our concept of conflict therefore is a r e l a t i o n s h i p among s t a t es in which actions and interactions are mutually opposed on a p a r t i c u l a r issue(s) at a point in time. We identified five common variables in this concept, these are: parties; i n t e r e s t ( s ) ; correlation; incongruity and reaction which could be coercion or violence or both. Conflict is often brought about b a s i c a l l y by power-play over v i t a l national i n t e r e st and incompatible objectives and policy actions. C h a r a c t e r i s t i c a l l y , conflict could manifest in physical aggression or public verbal dispute or covert verbal aggression or breach of expectation or avoidance. It is our contention therefore that conflict can be effectively managed by a disinterested party or institution. This is particularly possible where the parties to the dispute are unwilling to follow the norms of international society, that is, those rules and regulations which bind nation states in their relations with each other. International law exists because it is to the benefit of all states that some sort of order should govern their international dealings. Though states may disagree about what law applies to given situation, there is a consensus about the fact that some s e t of rules are necessary. Hence the rules of international law can be so framed that a policy of conflict cannot be worked out except through open violation of i n t e r n a t i o n a l law which will meet with protest, condemnation and action by members of the world community at l a r g e. Perhaps the most acceptable sets of rules so far is the constitution of the United Nations, that is the Charter. Drawn and adopted at San,Francisco on June 26, 1945, the Charter enumerated the various mechanisms for managing conflict based largely on past experience. The Founding Fathers’ philosophy as far as conflict management is concerned i s , freedom of action based on equal and inalienable rights and the dignity inherent in a l l men that Member States should s e t t l e conflict peacefully by the common consent of the adversaries. These mechanisms include peace making, the use of force (war), peace-keeping and disarmament and arms control. ix Although the United Nations is not and is not intended to be a world government, because it is based on the principle of sovereignty of States, the obligations of states under the Charter have modified t h e i r sovereignty. Thus; the United Nations is now a symbol of world unity, a unity towards international peace and security. This was demonstrated during the Congo experiment. The Congo c r i s i s was a unique example of a s i t u a t i o n which called for the United Nations’ action. The United Nations f i l l e d the vacuum created by the Belgian abrupt grant of independence in July 1960. This action prevented any of the blocs from taking over from the Belgians. Under the authority of the Security Council, the Secretary-General dispatched military assistance to the beleaguered Congolese government. This was called operation des Nations Unies au Congo (ONUC). ONUC, the largest of a l l United Nations operations was called into being within forty-eight hours of request by Chief of State (Joseph Kasavubu) and Prime Minister (Patrice Lumumba). The request became necessary following the collapse of the Force Publique and the introduction of Belgian metropolitan troop3 to ‘Protect’ Belgian lives and property in the Congo. The establishment of ONUG was based on the fact that the Congo crisis was characterized as a threat to international peace and security. ONUC was complex, expensive and the most controversial operation ever managed by the secretariat of an international institution. It was full of irony and paradox. There was no truce to observe, and no line to patrol. It spread all over the country for about four years with opposition from various groups at different times. But in the face of incredible difficulties and frustrations, ONUG discharged its main purpose to accede to the request of the Congolese central government for the restoration of a united stable Congo without taking sides. ONUC demonstrated, though challenged and criticized, the ability of the United Nations to take collective military measures to maintain law and order within the territory of a Member state, albeit, as a means of preserving international peace and security. In the final analysis, the United Nations mechanisms will nonetheless not serve to lower the level of international conflict unless the Member states rededicate themselves to the principles enshrined in the United Nations Charter. With what happened during the Congo operation, we submit that Charter revision is no guarantee for better conflict management. It is our contention that, education, necessary p o l i t i c a l will, u n i l a t e r a l disarmament, co-operation, preventive measures, functional internationalism and unswerving support for the Secretary-General by Member States, will go along way in conflict management under the United Nations system.

APPELLATE JURISDICTION OF NIGERIAN COURTS IN CIVIL MATTERS

Abstract:

The majority of appellants and some appellate courts are ignorant or oblivious of the proper rules of appeal as a result of which a lot of injustices and caprices are associated with appeals; leading to the miscarriage of justice. It is in view of this that the topic of this thesis, namely, “Appellate Jurisdiction of Nigerian Courts in Civil Matters, has been chosen. This study is to present and analyse the nature and extent of the practices and proceedings of appeals in our courts in sivil matters and to show the need for the impartial application of the rules of appeal with the hope that justice would be duly administered to all parties concerned in accordance with the provisions of the law applicable to appeals with the view of avoiding miscarriage of justice0 The study is composed of six chapters. Chapter one is an introduction consisting of nature of appeals, objectives and scope of the thesis as well as the method of approach adopted. vii Chapter two discusses civil appeals in the Upper Area Court which include the historical background of the court, its appellate jurisdiction and procedural matters with regard to appeals in the court. The chapter will also look into civil appeals in the customary Court of Appeal and discuss, generally, application of Customary Law, Historical background of the Courts, its appellate jurisdiction and constitution as well as procedures on appeal to the courto Chapter three examines civil appeals in the High Court and the Sharia Court of Appeal. With regard to the High Court, there will be a brief historical outline of the court, its applicable legislation in respect of appeals, procedure for appeals, how additional evidence will be entertained and the powers of the court. Furthermore, the chapter will deal with brief history of the Sharia Court of Appeal, the applicable legislation, appellate jurisdiction of the court and the procedure for appeal. Chapter four is entirely devoted to examination of civil appeals in the court of Appeal and it includes a historical outline of the court, the applicable legislation, appellate jurisdiction, appeals as of right and appeals with leave. Other areas of viii • discussion in the chapter include statutory exclusion of jurisdiction, coram, jurisdiction to grant interlocutory relief, the “entering” of appeals, conditions and procedure of appeals, powers of the court as well as judgment and orders. Chapter five expounds civil appeals in the Supreme Court. This includes historical background of the court, applicable legislation, its appellate jurisdiction, commencement of proceedings, Notice of appeal, right of appeal, appeal with leave, appeal out of time, record of appeal, filing of briefs, jurisdiction pertaining to interlocutory decision, jurisdiction with regard to final decision, conditions and procedure of appeals, powers of the Supreme Court as well as orders and reviews. Chapter six concludes the thesis by giving a brief summary of what has been discussed in the rest of the chapters, some observations with regard to application of the rules of appeal and, thus, suggestion proferred with the hope that the rules of appeal would be duly applied in that spirit of impartiality which it requires in order to avoid miscarriage of justice and misuse of judicial powers

SEARCH AND SEIZURE IN NIGERIAN LAW WITH PARTICULAR REFERENCE TO THE NORTHERN STATES

Abstract:

The centrepiece of this thesis is the study of the Nigerian law or. search and seizure with special reference to the Criminal Procedure code. BasicalTv, search and seizure,is a process employed to recover either from the “body of a person or from a premises, material needed for the purpose of law enforcement. Hence, the police tan make use of the process to recover criminal evidence, in the course; of their investigation or, where necessary, in order to forestall the commission of crime,. Bv employing the process of search and seizure, therefore, the police may, for example, recover a hidden weapon from the body of a suspect or retrieve stolen property from the place or premises where such property is kept. Let me hasten to state at this point that although the law in Nigeria empowers law enforcement agents to conduct search and seizure in the performance of their respective functions, this power is not absolute. The provisions of the Criminal Procedure Code and the Criminal Procedure Act relating to search and seizure provide the legal framework for the exercise of this power. As a background to my treatment of this subject, it is deemed appropriate, as a first step, to undertake a survey of the development of English common law principles on search and. seizure. This is because of the close historical connection between the common law and Nigerian law as well as the pursuasive nature of English court decisions in Nigeria. – V – This thesis is divided into six chapters. Chapter one i.-e., the introductory chapter, identifies the main probelm connected with the, exercise of the power of search and seizure which the law strives to eliminate or control. And that concerns the balancing of the private and public interests involved in search and seizure in such a way as to ensure the protection of citizens in their p r i – vacv without prejudicing the process of effective law enforcement in any way. Chapter two discusses the common law position on the subject with special reference to England and the United States, In doing so, the chapter c r i t i c a l l y examines the applicable common law principles in this area, the circumstances when search is allowed, and the limits of seizure. It may be noted here that, subject to some exceptions. ,the orthodox common law view’is that search is allowed only when (i) it is conducted with the consent of the person to be searched, or ( i i ) it follows a lawful arrest, or ( i i i ) it is conducted on the authority of a search warrant. Some of the exceptions to this common law position include (i) the frisking of suspects ( i i ) search, in emergency s i t u a t i o n s, and ( i i i ) cases of items taken in plain view. Chapter three is devoted to the study of the Nifrnrian law on search and seizure. Against the “background of the provisions of the Criminal Procedure Code and the Criminal Procedure Act, this chapter considers when search of a – vi – person or place can “be made with or without warrant, what property may “he seized, and the powe^ of retention of the seized property. It further considers the procedural requirements for the issue and execution of search warrants. Finally, as a means of securing the liberty of persons wrongfully or unlawfully detained, the chapter contains a “brief comparison “between n search warrant issued for that purpose under section 77 of the Criminal Procedure Code and the habeas corpus procedure. Chapter four focuses on the question of admissibility of evidence obtained bv illegal search nnd seizure. It “begins “by defining an “illegal” search “before proceeding to treat the admissibility aspect. Here, the Nigerian position is considered in line with other common law jurisdictions, such as, India, England and the United States. The question of what remedies are available to a victim of unlawful search and seizure is considered in chapter five. The chapter discusses “both the preventive options open to an intended victim and the remedial options available to an actual victim. For instance, while the intended victim may exercise a right of resistance or petition the courts for an injunction, an actual victim may “bring an action to recover damages for trespass, assault the courts or “battery, or petition/for restoration of the items seized. Chapter six is the concluding chapter. It highlights the shortcomings of the law in its present form and the problems associated with its application. It concluded by recommending the implementation of some specified measures with a view to attaining an overall improvement in the situation.