LOCAL GOVERNMENT SYSTEM UNDER THE 1979 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

ABSTRACT

The importance of an effective regulatory body in a growing economy cannot be overemphasized. Hence the need for the Corporate Affairs Commission to function as such is a sine-qua-non to the provision of good legal principles that must be adhered to and effectively enforced in corporate governance. This research work, therefore covers the historical development of the Company and Allied Matter Act, its roles/functions and how it enforces the provisions of the Act. It also proffers suggestions to some challenges been faced by the Corporate Affairs Commission and re-commendations that would make them more potent as a regulatory authority.Download Full Material-N5000

THE ROLE OF NIGERIA POLICE FORCE IN THE ADMINISTRATION OF JUSTICE: ISSUES AND CHALLENGES

Abstract:

Crime has been a major subject of concern throughout human history. No society is free of crime and criminals. The Nigeria Police Force is an agency established by law to ensure preservation of public order and law enforcement as well as prevention and detection of crime. The police plays vital role in the administration of justice in any society. The police present the entry point into the criminal justice system either through reports from the public or its own investigation and surveillance. It is therefore a fact that an average citizen has contact with the police more than with any other agency for administration of criminal justice. This thesis examines the role of Nigeria police in the administration of justice. The main objectives of this thesis are to critically analyse the role of the police in the administration of justice; to identify challenges militating against the police in the areas of crime control and detection. The thesis observes that some legal provisions on the operation and function of police have negatively affected the operational capacity of the police for example, section 214(3) and 4 of the 1999 Constitution of Nigeria just to mention a few. The thesis equally observes that corruption in the Nigeria police has been exacerbated by poor working conditions, inadequate logistic and working facilities. These have greatly undermined the operational efficiency of the police to prevent and control crime in Nigeria. Consequently, the thesis recommends amongst other things the amendment of section 214(3) of the constitution to effect that a governor of a state being the Chief Security Officer can give lawful directives to commissioner of police. Similarly, the police must be properly trained, and adequately equipped and well remunerated. The police must also collaborate with other law enforcement agencies sharing intelligence to facilitate crime prevention and detection in Nigeria.

A critical appraisal on the legality of setting up the Amotekun security outfit in the Western zone of Nigeria

Abstract

It is trite law that the primary preoccupation of government is to secure lives and property as enshrined under section 14(b) of the 1999 Nigerian Constitution (as amended). In line with this mandate, the Nigeria Police and other government security services were established and superintended by the federal executive arm of government. Accordingly, both citizens and state governments are accustomed to look up to the federal government for their security in view of the fact that the power to legislate over security matters falls under the Exclusive List and by implication, only the National Assembly is bona fide to so act. Two opposing views are distillable on the above stated Constitutional conundrum; first, is the notion of illegality for state governments to establish in line with the Constitution, and second, the construction of such power as composite and as such, making it permissible for state governments to complement the effort of the federal government in the face of widespread occurrence of crime and criminality in the nation. It is on the strength of the former that the Minister for Justice and AttorneyGeneral of the Federation, Abubakar Malemi, SAN, opposed the establishment of a regional security organisation codenamed “Amotekun” by the South- western governors for their region. The Minister’s action is premised on the provision of ection 4(5) of the 1999 Constitution, which states that where a conflict exists between the laws made by the National Assembly and the State Houses of Assembly, the former shall prevail, and that such other law made by any House of Assembly shall, to the extent of the inconsistency, be void ab initio. Furthermore, litigation is the traditional option open to the federal government and the states in the determination of any matter between them. It is in light of the foregoing therefore, this research seeks to make a case for Alternative Dispute Resolution mechanisms as a viable solution to the seeming tussle between the federal government and the governors of the South-western geopolitical zone of Nigeria on the “Amotekun” questionDownload Full Material-N5000