APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK GUIDING  VIOLATION OF REPRODUCTIVE RIGHTS OF WOMEN IN NIGERIA

Overview

Reproductive rights, which include freedoms and rights to autonomy, health, and decision-making around reproduction, are an essential part of human rights. In Nigeria, a complex interaction of institutional, cultural, and legal variables affects the status of women’s reproductive rights. This chapter looks closely at the institutional and legislative structure that governs reproductive rights in Nigeria and evaluates the common violations that prevent women from exercising their right to self-determination and from receiving all the reproductive healthcare they need.

 

Laws Governing Reproductive Rights

 

Nigeria has a legal system that ostensibly protects reproductive rights because it is a signatory to numerous international human rights conventions and treaties. Ratifying international agreements such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which requires the state to guarantee women’s access to reproductive healthcare services and autonomy over their reproductive decisions, is crucial among these.

 

Nigeria’s Constitution protects a number of basic rights, including the rights to life, health, and dignity, which are interpreted to include the right to procreate. The 1999 Constitution recognizes the sanctity of life, the human person’s right to dignity, and the individual’s right to personal liberty under sections 33, 34, and 35. However, due to insufficient enforcement, cultural norms, and statutory loopholes, the practical implementation and preservation of these rights in the context of reproductive health frequently meet difficulties.

 

Institutional Structure and Difficulties

The institutional framework for defending reproductive rights faces many obstacles in spite of legal provisions. Reproductive health promotion is the responsibility of government organizations including the Ministry of Health, National Population Commission, and National Agency for the Control of AIDS (NACA); however, its efficacy is hampered by a lack of funding, poor policy, and uneven execution.

Furthermore, patriarchal systems, religious convictions, and cultural standards all have a big influence on women’s reproductive rights. Customs such as female genital mutilation, forced and early marriages, and son preference restrict women’s autonomy when it comes to making decisions about their reproductive health.

Reproductive Rights Violation

Nigerian women’s reproductive rights are widely and diversely violated. Maternal death and adolescent pregnancy rates are high because of limited access to comprehensive sexual education. Women’s reproductive health is further compromised by obstacles such poor maternal healthcare services, unsafe abortion practices, and restricted access to contraception.

These transgressions are further compounded by stigmatizing and discriminatory practices directed towards women seeking reproductive health services, particularly single women and those from vulnerable groups. The vulnerability of women who experience violations of their reproductive rights is increased in the absence of legal protection and enforcement mechanisms.

In summary

In conclusion, reproductive rights are recognized by Nigerian law and institutions, but there are significant obstacles in the way of their actualization. Women’s reproductive rights are routinely violated due to a combination of social attitudes, legislative loopholes, cultural norms, and inadequate resources. A multimodal strategy including legislative changes, increased healthcare access, educational programs, and the rejection of ingrained social norms that support gender inequality are needed to address these problems.

 

CHAPTER ONE/INTRODUCTION

The CBN Act mandates that the Central Bank manage monetary policy in a neutral and autonomous manner. There is a contentious debate about whether the Central Bank should be obligated to the government in light of the importance of monetary policy to long-term economic development. The Free Market (FM) argues in favor of a body that oversees monetary policy and is totally free of party political influence. According to the Governed Market model (GM), monetary policy should not take priority over the strategic economic policy choices made by elected authorities. The FM method was adopted by Nigeria and placed into the CBN Act. It gives the Board of Governors the power to determine monetary policy without interference from elected or appointed partisan government officials. It should be noted that the only prerequisite for the Naira’s design is the President’s mandatory approval under Section 19 of the CBN Act.

Law does not mandate that the CBN inform or seek approval from the Ministry of Finance. Yet, the President’s choice and approval should be discussed in the Federal Executive Council’s weekly meeting for the purpose of economic coherence. This is due to the fact that, despite the CBN’s involvement in the currency redesign, the choice to do so is a result of the Federal Government’s monetary policy and will have a substantial impact on the economy and society. The lack of communication across the whole government demonstrates the dysfunction of the Buhari administration.

In accordance with Section 20 of the CBN Act and in accordance with Section 18 of the same Act, the Bank is authorized to call in any of its funds upon payment of face value and with reasonable notice (d). The role of Banks to the transition is described in Section 19. Banks must only use legal tender while doing transactions. They serve as a conduit for trade and the bartering of goods for cash.

 

 

Background to the study

Land, probably the most important source of shelter and wealth in a developing country, can always be subject of a great many interests and derivative rights((Agara v. Agunbiade[2013] All FWLR pt. 683 p. 1899 at 1919 para. D)). These are often difficult to elucidate, and where land is subject to native customary tenure, it is always the subject of rights and interests vested in both the individual and group, and such rights and interests are frequently co-existent with each other.

The customary land tenure system is a form of land holding indigenous to Nigeria. The evolution of this system and the various principles regulating same, exhibit the historical credentials rooted in the customs and traditions of different ethno-cultural groupings in Nigeria over a period of time. Essentially, the principles regulating the customary land tenure system appears uniform throughout the country but the fact remains that they vary in their details as a result of diversities in the customs, traditions and values of each tribe.

Generally, ‘land’ is said to include any building and any other thing attached to the earth or permanently fastened to anything so attached, but does not include minerals.((Coker, G. B. A., 1958. Family Property among the Yorubas. London. Sweet and Maxwell, p. 26)) Actual physical control of native lands is vested in the families and only in the sense that it is an aggregate of the constituent family groups could the community or tribe be said to own the land.((Coker, ibid p. 24))

 

 

Chapter one/Introduction

The need for bearing children, feeding them, cuddling them, rearing them, participating in their future and sharing their dreams is immense; it is a basic human need, a necessity. It has been so since the birth of humanity, and will always be so. In a country like Pakistan, or any country for that matter, the lack of children can lead to broken homes, and up until the time the home is finally broken up the wife faces a constant threat of divorce. Even if divorce is not imminent, the prospect of becoming the neglected second wife of a Muslim husband is always present, not to speak of the constant bickering and ultimate miserable relationship to which divorce might be preferable. For these disillusioned parents, especially depressed wives, modern technology offers a ray of hope, just as it has revolutionized human life in almost every other area including health and fitness((Chukwu.S.O 2021; Critical Examination Of The Right Of Artificially Inseminated Child To Inherit Under Islamic Law . Published at https://projectstore.com.ng/critical-examination-of-the-right-of-artificially-inseminated-child-to-inherit-under-islamic-law/))

For these couples or women, assisted reproductive technology is an answer to their prayers and dwindling hopes. Their hopes are dashed, however, when a large group of Muslim scholars point out to them that this technology is the very foundation of sin, and employing it for the birth of a child will open the very gates of hell for them. If an unfortunate couple recovers from the onslaught of these scholars, they are confronted by a growing body of Muslim doctors who are eager to develop Islamic bioethics. Some of these doctors are even more enthusiastic in branding this reproductive technology as sinful and they confine the permitted form of technology to cases that may not even need the option granted to them by Islamic bioethics, as nature may take over and give them a child in the natural way. It is not polite to point out who these good intentioned men and women of learning are, and there are many, because a jurist always focuses on the reasoning advanced, the evidence adduced, the dalil, and not on who is making the argument or presenting the evidence. It may be indicated here that the Islamic Fiqh Academy at Jeddah is included in this learned group.

The concept of inheritance is being practicing from the very beginning of the world. It is present in all the religions in the world but different in shapes and in practice. The Law of Inheritance is buildup on the basis of the Islamic Law of Inheritance. A lot of studies have been done on inseminated child in Islam. But no paper the researcher has found where the solution to the conflict is provided. For this reason, limited literature review is available here. conflict among the scholars is increasing day by day and the nation is trying to find out the reasons behind this problem and also to find out the solution to this problem. ((Chukwu.S.O 2021; Critical Examination Of The Right Of Artificially Inseminated Child To Inherit Under Islamic Law . Published at https://projectstore.com.ng/critical-examination-of-the-right-of-artificially-inseminated-child-to-inherit-under-islamic-law/))

OBJECTIVE OF STUDY

It is against this backdrop that this paper examines the phenomenon of artificially inseminated child to inherit under Islamic law with a view to situating its strategic position and its  implications.

SCOPE OF THE STUDY

The enormity of the subject matter has led to the selection of some aspects of Islamic law. In general, reference is made to Section conditions for inheritance and succession.

METHODOLOGY

This research methodology is normative or doctrinal research (library research). Normative legal research is the legal researches which use the law as foundation of norm. The norm system in question is related to principle, norm, and rule from legislation, verdict, treaties, and doctrine concerned annulment of an arbitration award. First stage of normative research comprises a research with purposes to achieve objective law, by conducting research on legal issues. The second stage of normative legal research is aimed at obtaining subjective law (rights and obligations). It also concerns with critical review of legislation and of decisional processes and their underlying policy

LITERATURE REVIEW

This argument has two interrelated parts. The first is about attributing paternity to the husband where his fatherhood is doubtful. The second is about attributing paternity to the social mother when the ovum is hers, but is borne by the surrogate mother after fertilization.

Where the husband accuses his wife of unlawful intercourse, the couple has to undergo the procedure of li`an, which is the taking of oaths first by the husband and then by the wife. If both do so, it is the statement of the wife that is preferred. When a child is born, the husband has to deny paternity within seven days of birth according to some and within the postnatal period according to others. If he fails to do so within the prescribed time, paternity of the child is attributed to him. The attributing of paternity has the welfare of the child in view. The tradition above and this procedure are reflected in the principle, “al–waladlil–firash.” This is usually translated as “the child is attributed to the marriage bed.” In fact, the principle means that the child is attributed to the “man who had legal access for sexual relations.” The latter meaning includes the paternity of the child born to a slave girl too; where paternity is attributed to the master. It may be mentioned here that paternity of an illegitimate child can be claimed at any time by the father on the basis of earlier marriage or shubhah of marriage, but till such time that he does the child remains attributed to the mother.

The assigning of paternity is not confined to this case alone. It is well known that the minimum period for gestation is six month on the basis of the Qur’an. It is, however, less well known that the maximum gestation period, where a woman has not claimed the termination of her waiting period on the basis of monthly cycles, is two years according to the Hanafi school. The maximum period is four years according to the Shafi`i and Hanbali schools, on the basis of which there have been a few judicial opinions in Saudi Arabia that have upheld this maximum period. The legal basis for this is the principle of `adah (the scientific and physical state observed) among women during the period of the Prophet (P.B.U.H). Those who rely on scientific facts alone today will say that this is not possible. The jurists were aware of this too, but the important point to note here is that it is the welfare of the child that takes over here and not the integrity or reputation of the parent. For the welfare of the child, who is likely to be declared illegitimate otherwise, the law assigns paternity to the husband. It may be noted that the illegitimate child cannot easily inherit from the genetic mother, because he is pushed to the last slot in the line, that is, even after the next of kin of the mother. The discrimination and hatred exhibited for such a child by society is very cruel as compared to the denial of inheritance. Paternity is, therefore, assigned to the husband.

The issue then is whether the social mother, who has knowingly contributed her ovum fertilized by the sperm of her lawfully wedded husband for development in the womb of the surrogate mother, can be assigned the maternity of the child, that is, can the law create a fiction in her favour that calls her the mother of the child borne by the surrogate mother along with all the legal effects. It is suggested that the law should create such a fiction on the basis of necessity and on the basis of analogy from the above cases for the social mother and the interests of the child to be born. Assume, for example, that the naturally born child of the social parents and their child born through the surrogate mother grow up and now want to get married to each other, will such a marriage be permitted by the scholars. If not, then on what grounds will such a marriage be prohibited?

A theological argument is also advanced with the complaint that Muslim scholars are relying solely on the law to answer the important issue of the surrogate mother, and very little attention is being paid to the theological foundations. We may quote the learned author:

More often than not, contemporary Muslim scholars, both the conservative minded and the liberal minded, do not consider the theological implications of using a legal discourse to determine an answer for contemporary issues. Issuing a fatwa assumes that both the theology – which is conclusive – and the ethical paradigms – which blossom from the theological discourse – are unshaken by the fatwa offered. If a fatwa dismantles the Islamic theological and ethical paradigms, then perhaps the question leading to the fatwa should be investigated first.

The main argument is advanced on the basis of the verses 49 and 50 of chapter 42 of the Qur’an: “To Allah belongs the dominion of the heavens and the earth. He creates what He wills.

He bestows (children) male or female according to His Will; or He bestows both males and females, and He leaves barren whom He wills: for He is full of Knowledge and Power.” The argument then is that the Muslims throughout have resorted to prayer and lawful (halal) cures rather than resorting to unlawful means. Resorting to unlawful means will amount to opposing the Will of Allah and this may upset the basic requirement of submission to His Will. The author goes into further details, but this appears to be the crux of what he has stated.

The response to these worthy arguments is that, first, it has been assumed that the procedure involved in reproduction through the surrogate mother is unlawful. We have tried to show above that there is little to indicate that the procedures are unlawful in their entirety. Second, in those early times, blood transfusion, transplants and other similar processes might have been deemed inconceivable if not unlawful. Today, technology has informed us that lives can be saved through these processes, and many scholars are inclined to declare most of these processes as lawful. In the same way, the making of babies through assisted reproductive technology has been made possible, and the jurists as well as experts on theology must reexamine many of these issues, although as we have claimed earlier that this is a legal issue.

 

 

LITERATURE REVIEW

 

Children are seen as important members of the society and they represent a certain level of achievement, especially in the Nigerian society which is essentially traditional in nature.¹The importance of children cannot be underscored as African names signify the circumstances surrounding the birth of a child.

Even in the Holy Scriptures, children take a very important position and the roles and duties of parents towards their children and vice-versa is spelt out therein. The Quran talks about the responsibility of parents over their children, the duty to be just, the rights of children to education, maintenance, equal treatment and also duty of children to obey and respect their parents.² The Bible also states the importance of obedience to parents and also the duty of parents to nurture and bring up their children in the way of the Lord.³

Apart from just the procreation significance of children, they also contribute to the development of the society as they provide a link between the present and the future. Every child goes through many stages of social development before being adapted into the stage of adulthood. Childhood is generally a natural biological state that has to be passed through and the boundary drawn between the roles of children and adults is significant within social, political, religious and legal concepts.

 

 

1 In the African society, children are seen as gifts from God and couples who do not have their own children strive to by any means possible so as to prove their fertility

2 Qur’an 17:23-24, Qur’an 52:21, Qur’an 66:6

3 Colossians 3:20-21, Ephesians 6:1-4, Exodus 20:12, Proverbs 22:6

 

The popular assumption in time past was that most adults and parents in particular had the best interest of children at heart. There were no laws or conventions recognising the separate rights of children rather they were only recognized as offspring of the parent and were under the protection and care of their parent or guardian. There was no reason therefore to think in terms of children rights. However with the reform movement of the nineteenth century,⁴ concern for the protection of the dignity, equality and basic human rights of children came to the forefront of public consciousness.

Children are a disadvantaged group in the society as they are overshadowed by adults.⁵ It is therefore necessary to protect the rights of children, this is done by the means of various international instruments⁶ which border on the protection of the child, the rights of the child to self-determination and the exercise of their rights with a certain degree of autonomy.⁷ Today, children’s rights are being advocated globally.

The adoption of the United Nations Convention on the Rights of the Child⁸ sought to see to the protection of the child’s life, the promotion of health and educational opportunities and the prevention of exploitation, physical and sexual abuse. They emphasised that every child is entitled to opportunities and facilities which guarantee healthy and normal development. The African charter on the Rights and Welfare of the Child which was adopted by the Summit of the Heads of State of the Organization of African Unity in 1990,⁹ stresses the need for the

 

 

4 The first ever documented law on the rights of the child is the Geneva Declaration of the Rights of the Child 1924, which was adopted by the League of Nation

5 Lansdown G, ‘Children’s Welfare and Children’s Rights’ in Hendrick H Child Welfare and Social Policy: An Essential Reader (The Policy Press 2005) 117

6 United Nations Convention on the Rights of the Child, African Charter on the Rights and Welfare of the Child, Convention against Torture and other Cruel or Degrading Treatment or Punishment

7 Ayua A.I and Okagbue I.E (eds), ‘The Rights of the child in Nigeria’ (2005) Lagos, Nigerian Institute of Advanced Legal Studies 3

8 The convention was adopted by the forty-fourth UN General Assembly on 20 November 1989. 174 countries adopted the convention and 172 have ratified it, South Sudan and USA are yet to ratify the convention

9 Now known as African Union

 

strengthening and preservation of African values in the child and also to discourage those practices that are harmful to the health and status of the child.

It is necessary to examine the basic rights of the child in the context whether the generally known and accepted definition of the child applies to children born through means of artificial insemination. Against whom does the child claim the right when talking of parental duties and who can exercise rights of the child when talking of parental rights. There may be no problems as to who can exercise these rights in the case of a married couple where the sperm of the husband is used to inseminate the wife but issues may arise where there is a use of donor sperm or egg or even where surrogacy is adopted.

Definition and Meaning of a Child:

 

There are different perception and understanding of who a child is. Who is considered to be a child or the age of childhood and the roles expected of them depends on the culture of the people. Societies have varying duties attached to a person based on his level of maturity, coming of age is usually denoted by the contribution to the development of the community and also puberty rites that have to be performed to signify adulthood.

Several theorists have given their opinion on the period of childhood. Jean-Jacques Rousseau (1712-1778) in constructing the ideal childhood described what he termed the ‘age of nature’ as occurring between birth and 12 years. According to Rudolf Steiner (1861-1925), “childhood is a state of physical and spiritual being roughly between the age of seven and fourteen years indicated initially by certain physiological changes such as the loss of the milk teeth”.¹⁰

A child is a descriptive terminology for a natural person who is an offspring of another (either by birth or adoption). It may also represent any human being from the moment of his birth (in a live state) until the attainment of the age of majority.((Ayo Oyajobi, ‘Better Protection for Women and Children Under the Law’ in A.U Kalu (ed), Women and Children Under the Law Federal Ministry of Justice Law Review Vol 6))

The Oxford Advanced Learner’s dictionary defines the child as a person- boy or girl right from birth to the age of full physical development.((Hornby A S (ed) Oxford Advanced Learner’s Dictionary (6^th edn, Oxford University Press 2001) 187)) The Black’s Law Dictionary defines a child as a person under the age of majority.((Garner; B.A. (ed) Black’s Law Dictionary (9^th edn, Thomson West 2009) 271)) At common law, a child is a person who has not reached the age of 14.((Brian Dickson in Ogg-Moss v R (1984) 2 SCR 173))

In Re Carlton,(((1945) 1 Ch. 372)) Cohen J. stated that the meaning of child must in every case depend on the context in which it applies.

There is no uniform provision in the law as to who a child is as it will be observed by looking at various statutes that touch on who a child is, they give different and conflicting age levels. Under the Nigerian law, in various statutes there are different ages ascribed to childhood. The ages adopted in these statutes are relevant to the purposes of the legislation.

For employment purposes, generally the minimum age adopted by the ILO is 15 years for general work((ILO Minimum Age Convention (1973) No 138 ILO Convention, art 2)) 13-15 years for light work¹⁷ and 18 years for hazardous work.¹⁸ The Labour Act provides that no person under the age of 15 shall be employed to work in industrial undertaking,((Labour Act Cap L1 LFN 2004, s 59(2))) no person under 16 years shall be engaged in night work.((Ibid, s 60))

For the purposes of marriage, the Child Rights Act states that no person under 18 years of age can marry.((Child Rights Act 2003, s 81)) The Infant relief Act 1874 states that an infant or child is a person who has not attained the age of 21 years.

It is clear from some of these provisions under our local statutes that there is a relationship between the particular physical age limit and the purpose of the statute.

Apart from the customary and statutory definitions of a child which has been given, there are other several international treaties (that Nigeria is a party to) which give their own working definitions of who a child is.

According to the United Nations Convention on the Rights of the Child, a child means every human being below the age of 18 years, unless under the law applicable to the child the age of majority is attained earlier.((Article 1)) Similarly, the African Charter((African Charter on the Rights and Welfare of the Child, art 2)) also adopts 18 years as the age of majority. The United Nations Children’s Fund (UNICEF) has for its purposes identified childhood as that stage of life experienced by any person between birth and 15 years.

It is important to define who a child is because the definition of child is usually the offspring of a man and woman. In case of homosexual couple, does the definition of child cover a child born through artificial insemination of one of the partner, does the other couple if married qualified to be called the mother or father. In places where preference is given to the biological children of an individual, a child of a couple where the egg and sperm used are from donors, does such child qualify to be called the biological child of such individuals

There are lot of controversies surrounding children born by means of artificial insemination because sometimes it is difficult to assert who the parents of the child are or there may also be instances of multiple parentages.

It is only when the status of being a child is attributed to a person that we can talk of the rights that will follow. A child is not only defined in the context of age but also the relationship that exists as a result of birth or adoption.

Rights of Children under Nigerian law:

 

Child’s rights are human rights too, they are entitled to the basic rights guaranteed to every individual. Children generally have fewer rights than adults and are classed as unable to make serious decisions and legally must always be under the care of a responsible adult. Children have two types of rights under international human rights which is the fundamental human rights they share with adults and those that are specific to children for their protection. Looking at these rights broadly, some of them are towards the recognition of children as autonomous persons and the other is placing a duty on the society at large for the protection of the child.

As minors by law, children do not have autonomy or the right to make decisions on their own for themselves in any known jurisdiction of the world. Despite the fact that children are seen to be incapable of making important decisions, researchers have identified the need of children to be recognized as participants in the society whose rights and responsibilities need to recognized at all stages.((Lansdown G ‘Children’s rights’ in B. Mayall (ed), Children’s childhood: observed and experienced (The Falmer Press 1994) 34))

There are certain rights that should be inherent in every child even in the absence of legislations to the effect. Parents and persons who come into contact with children should learn to adopt and respect these rights.

Although, many laws that guarantee the rights of children have incorporated these rights into their various instruments. Certain rights such as right to life, right to health, right to education, right to home, right to expression and liberty are essential to the existence of every person which without them they can be regarded as less than a person.

Right to Life

 

There is a general belief that every human is entitled to the right to life and should not be deprived of it by any person. Right to life is the basis for the actualization of all other rights because when a person is denied his right to live then he does not have access to all other fundamental rights.

Children’s right to life does not just about entail that they be protected from birth, but as a living person they are entitled to the fundamental rights guaranteed to all persons which include right to dignity of the human person. It also entails that their right to life cannot be intentionally taken, the exclusion of children from death penalty and their protection by the government against infanticide. A child should not be deprived of his life merely because of disability or on the ground that the child is of a particular gender.²⁵

The right to life of children also entails that their developmental rights be protected and also making of policies that will aid them to grow into healthy and responsible adults.

25 In some societies, female children are not desired so they may be neglected or killed just on the basis of being a girl-child.

Right to Health

 

Health has been defined as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.²⁶ Health is a very important aspect of the human life as a person needs to be in good health to be able to appreciate all other rights granted to him.

Children need protection so there should adequate measures put in place to ensure that they are in good physical and mental state. Children are more receptive to illness and diseases so there should be preventive measures put in place to ensure that they are adequately protected. There should be provisions put in place to combat infant mortality by ensuring that there is adequate nutrition for the child, provision of necessary medical assistance and parents should always ensure the good health of their children as it is paramount to their physical, social and mental development.

Right to Education

 

Education may be described as all activities by which a human group transmits to its descendants a body of knowledge and skills and a moral code which enable the group to subsist.²⁷ Education is one of the most important legacies that can be bequeathed to a person. Education can be formal or informal, that is, within an organized and structured environment of learning or the one acquired within the family or community.

Education includes learning the skills that are needed to develop a person’s identity, it is a form of developmental right that should be granted to children as it builds them up to be able to contribute to the society’s development socially, culturally and economically.

27 Beiter Klaus Dieter, ‘The Protection of the right to education by international law’ (Martinus Nijhoff publishers 2005) 19

Education should be made available by the government by making it universal, free and compulsory. There should be adequate facility to encourage learning and a duty should be placed on parents to ensure that their children are given an education. There should be equal accessibility of education to all children irrespective of status, sex, race or other discriminatory factors.

The Nigerian constitution provides education as one of the fundamental objectives of the government. Education falls within the legislative competence of both the Federal and State governments. The Constitution directs that the government shall direct its policy towards education giving equal and adequate opportunities.

The Child Rights Act provides that the government has a duty to provide compulsory and free universal basic education to every child and places a duty on every parent and guardian to ensure the completion of primary and junior secondary education and also endeavour to send the child to a senior secondary school or put them in vocational training, the law sets sanction for failure to comply with the provisions.²⁸

The child should have access to information that concerns him and be allowed to participate in the life of their society. The child should not be denied his freedom and should not be denied this right except in circumstances that will be in the best interest of the child to do so.

There are different legal framework guiding the rights guaranteed to children and on examination of these laws and treaties, we can see the purpose, aim and objective to which the law is to be put into use.

Convention on the Rights of the Child

 

The rights outlined in the convention may be outlined under: Provision, Protection and Participation.

Provision: The rights of children to an adequate standard of living, provision for their basic needs which is dependent on the means and capacity of the parent, a balanced and healthy life.

Protection: The duty on parents, guardians or other people who are in charge of the care of children to protect them from abuse, exploitation and harm.

Participation: These are the rights that seek to internalize children as active members of the society, their right to be involved in activities in the community and respect of their opinions on certain issues.

The United Nations 1989 Convention on the Rights of a Child, being one of the most widely ratified conventions on human rights with the exception of South Sudan and USA being the only countries yet to ratify the convention. The international community has shown a commitment towards the application of the provisions of the convention in their various countries as they have all seen the importance of having a legislation that embody the civil, cultural, political, economic and social rights of children rather than leave it to the mercy of adults who have shown over the time the non-recognition of children as autonomous persons.

The CRC is based on four core principles, namely the principle of non-discrimination, the best interests of the child, the right to life, survival and development, and considering the views of the child in decisions which affect them (according to their age and maturity).

The convention addresses a wide range of issues touching the lives of children and the protection of family values and provides a balance between the rights and duties of children in relation to the rights and duties of parents.

 

The CRC provides that the rights set out will apply to children without discrimination of any kind irrespective of the child or parent’s sex, race, opinion or religion.²⁹ That the best interests of the child will be taken into consideration in any action that concerns them, there will be regard for their protection and provision of care. ³⁰ The rights of the child to an identity, that is, the duty on parents to give the child a name and do the necessary registrations required under their local legislations.³¹ The rights of the child to hold their own opinion and also their freedom of expression.³² The freedom of the child to association and peaceful assembly.³³ The duty on the state and parents to protect the child against abuse, neglect and harm.³⁴

There is also the right of the child to the best medical care available and prohibition of harmful traditional practices that are prejudicial to the health and development of the child.³⁵ The right of the child to education and also the duty on the state to make provisions for the free and compulsory education of children to a particular level and also the promotion of educational activities which are directed towards the development of the child.³⁶ It provides for the protection of the child against economic exploitation and any form of sexual exploitation or abuse.³⁷ The convention also provides for the treatment of children where it has been alleged that they have breached the criminal or penal laws of the state and to ensure that they are not treated in the same way as adult offenders.

The widow of an Igbo man faces many hurdles. First she could be given to her deceased husband’s brother or other male relative to marry as the anthropologists had said. Thiswas expected in earlier times, although by the 1960’s and ‘70’s the custom was dying out. It could be advantageous if the widow needed help to provide for young children. But it took away her right to make decisions for herself and made her into chattel or property.

The writer Richard Mordi describes this practice[1]. Hesays the widowed woman cannot take possession of her husband’s land or belongings because she herself is part of his possessions. “How can property inherit another property?” He concludes that it is the payment of bride price that makes a woman into property that can be inherited. Another writer says, the widow becomes an “object of inheritance rather than subject of inheritance.”^[2]

[1]An Appraisal of Inheritance Rights of Women in Nigeria, Richard Mordi, Academia.edu, p 21

[2] Davis V. Davis & Ors. (1929) 6 NLR 75, in Mordi, op.cit. p 22

Background to the study

A director is a person duly appointed by the company to direct and manage the business of the company.1 This definition goes a step further than the 1968 Act2 by adding due appointment as a condition precedent. Section 244 (2) provides a rebuttable presumption that all persons described by a company as directors, whether as executive or otherwise, have been duly appointed. This safeguards third parties dealing with the company.

The issue of the multiple directorships attracted the attention of researchers and practitioners. A large literature focused on the concept of multiple directorship by directors and its relationships with internal and external characteristics of the firm. [1]There is a global debate on whether appointing directors who already hold directorships in other companies is a good or bad corporate governance practice[2]. There is a common tradition of supporting multiple directorships as an instrument for the company to engage external skills in fortifying its existing proficiency in improving effectiveness of board activities “ the quality hypothesis”[3]The resource dependency hypothesis also pronounces that this class of directors is well networked and hence assists companies to better exploit the external environment. Loderer and Peyer[4] find a positive association between a firm’s value and the number of directorships that a director holds, and that directors who sit on multiple boards are a good source of knowledge during acquisitions. The quality of the board functions, such as the monitoring and supervisory functions are generally undermined by multiple directorships[5] [6]subsequently increasing agency costs through an affinity for corporate diversification, which has an effect of lowering company value.[7] Furthermore, Fich and Shivdasani (2006) prove that companies with a majority of directors, holding three or more directorships, flaunt inferior market to book ratios, worse profitability, and lower sensitivity of CEO turnover to firm performance. Some studies ([8]highlighted the benefits of increasing the number of directorships held by directors (e.g., additional experience; firm legitimacy). In this study we speak about advantages and disadvantages of multiple directorships on performance of firms.

[1] Jackling and Johl, 2009; Sarkar and Sarkar, 2009; Jiraporn, et al. 2009; Ahn et al. 2010).

[2] Ferris, Jagnathan & Pritchard, 2003; Jiraporn, Kim & Davidson, 2007; Sarker & Sarker, 2008; Fich & Shivdasani, 2006

[3] Beasley, 1996; Kiel & Nicholson, 2005).

[4] Loderer, Claudio & Peyer, Urs. (2002). Board overlap, seat accumulation and share prices. European Financial Management. 8. 165-192. 10.1111/1468-036X.00183.

[5] Olayinka Marte Uadiale, The impact of board structure on corporate financial performance in Nigeria, Canadian Centrer of Science and Education, International Journal of Business and Management, 5, 10, pp.155-166, 2010

[6] (Jiraporn, Kim & Davidson, 2007)

 

[7] Fich & Shivdasani, 2006.

[8] Sarkar and Sarkar, 2009; Frye and Wang, 2010

Nigerian President Muhammadu Buhari signed the Petroleum Business Act (PIA) 2021 earlier this year, capping a 20-year campaign to modernize the country’s oil and gas industry. The purpose of the legislation was to improve the environment for the sector’s growth and to address the valid complaints of the communities most harmed by extractive industries.

Introduction

The first commercial discovery of oil in Nigeria was in 1956 in Oloibiri, Niger Delta. The discovery attracted other multinational oil companies to explore the onshore areas of Nigeria in 1961. As more players entered the upstream oil industry, the Federal Government of Nigeria created policies for the exploration and production of petroleum. Actual oil production and export from the Oloibiri field in 1958 with an initial production rate of 5,100 barrels of crude oil per day. The output rose to 2.0 million barrels per day in 1972 and a peak of 2.4 million barrels per day in 1979. Nigeria was a top oil producer, ranking 7th in the world in 1972, and has become the sixth-largest oil-producing country globally. (Source: NNPC) 

Nigeria has about 159 trillion cubic feet of proven natural gas reserves. The country is among places with the top ten natural gas endowments in the world. However, Nigeria flares an estimated 40% of the natural gas produced and re-injects 12% to boost oil recovery. According to the World Bank, Nigeria contributes 12.5% of the world’s total gas flaring. (Source: NNPC) 

The Federal Government set up policies to reduce gas flaring and improve the petroleum sector but faced slow growth. There were still gaps in the governance, infrastructure, and accountability. It became necessary to reform the entire petroleum sector in Nigeria. Better regulations, better returns on investment. The national move led to the birth of the Petroleum Industry Bill in 2000. Several attempts to pass the bill into law were unsuccessful for two decades. As a result, Nigeria lost about $50 billion in investment over the last ten years. (Source: Press release)

Finally, the Nigerian President signed the Petroleum Industry Act (PIA) 2021 into law on August 16, 2021. PIA 2021 is coming at a time when major oil producers are converting to clean energy. Mixed reactions from stakeholders, as usual, on the new law. Nevertheless, the much-awaited reform in the oil and gas industry will be attainable with accountability and transparency.

The Petroleum Industry Act 2021 seeks to encourage investment in the Nigerian petroleum industry. By balancing rewards with risk, the new law can increase revenue to the Federal Government of Nigeria. It also seeks to provide a forward-looking fiscal framework. However, a fiscal framework that excludes renewable energy may be relevant for a short period. The additional sources of funds such as levies, statutory contributions will expand the revenue of the Federal Government. Nevertheless, an equitable and transparent administration is necessary to attain the objectives.

The petroleum industry in Nigeria has upstream, midstream, and downstream operators. 

It is clear that the reasons for grounds for the description of marriage are actually expanded enough to contain the majority of the issues that couples normally raise in the divorce process. This is the case in the majority of cases. However, each and every one of them may also present enormous challenges when attempting to establish them in a court of law. A person who is considering getting a divorce should talk to an attorney about the particular grounds for wanting a divorce in the first place, as well as for additional information and clarification regarding the various types of divorce and how they relate to specific situations.
Adultery is one of the primary reasons that Muslims get divorced. Adultery is defined as having sexual relations with another person while either you or the other person is already married to another person. These sexual encounters must be voluntary for them to be considered adultery. Adultery is regarded as a sin in virtually all world religions and legal systems, despite having a range of definitions depending on the jurisdiction. “Adultery is defined as sexual intercourse by a person, whether man or woman, with someone to whom they are not married,” according to Muslim law. This definition applies to both men and women. Adultery, also known as extramarital sex, is considered to be a violation of the matrimonial bond and is regarded as one of the most serious crimes that is condemned by Allah in the Quran, the religious book that is followed by Muslims.
A relationship that is either premarital or extramarital is referred to as a zina in Arabic. People who commit the act of zina, which is considered to be the most heinous crime, may be subjected to severe punishments. The following are examples of verses in the Quran that prohibit adultery, as stated by Allah:

“Stay far away from sexual misconduct. It is undeniably a despicable act, and it will inevitably pave the way for further misdeeds. “Say, ‘Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason.'” “Say, “Verily, my Lord has prohibited the shameful deeds, be it open or secret.”

The act of committing adultery is regarded as one of the most heinous and dreadful of all sins in Islam. The fact that it is considered to be on par with the gravest of transgressions in the Quran is indicative of how abhorrent it is. The verse from the Quran that was just quoted explains that concept very clearly.

Because of the devastating effects it has not only on the person who commits it but also on their family and on society as a whole, adultery is widely regarded as a crime that can never be forgiven. It results in betrayal and violates the faith and harmony that are the foundation for a fulfilling family life; it wastes away the vitality; it throws off the balance; it deteriorates the purity of the character and eradicates the feelings of devotion and loyalty; and as a result, the individual must face the wrath of Allah and punishment in a variety of forms.

Fornication and infidelity are considered to be the most heinous and unforgivable of sins, and the Prophet said the following in reference to adultery: “When adultery and promiscuous behavior becomes rampant in a nation, Allah will expose them to His chastisement, and He will send upon them such (strange) diseases that their own ancestors have never heard of.”

Men and women alike who participate in the immoral act of zina are subject to severe repercussions as a result of their actions. Adulterers are punished with stoning to death, which is also known as Rajm or severe flogging, in accordance with Islamic law. The chastisement for premarital sex is 100 lashes, while the punishment for adultery is severe flogging or stoning. However, stoning as a form of punishment for having sexual relations outside of one’s marriage is prescribed in Hadith but is not mentioned in the Quran. The word “hadith” refers to the verbal mores that are connected to the actions and words of Mohammad, the prophet of Islam.

Although men are an exception to the rule in this circumstance, and it is not considered adultery for a married man to have sexual relations with a single woman, it is a crime for a married woman to have extramarital affairs. In this particular instance, the punishment prescribed for her in Nigeria in the modern day is to get a divorce.

AN APPRAISAL OF CUTOMARY ARBITRATION UNDER THE NIGERIAN LAW

INTRODUCTION

Arbitration is a kind of alternative dispute resolution in which a dispute or disagreement between two or more people is referred for settlement to a person or persons other than a court of competent jurisdiction after both parties have been heard in a judicial manner. 4 Arbitration has been compared to litigation more than any other kind of alternative dispute resolution [p. 17]. (Sourdin, 2008). It’s a process in which a third party (person or group) listens to fact and law presentations and makes a conclusion (Randolph, 1973). The natural justice rule [p. 108] is typically expected of the arbitrator. King and coworkers (2009) He is an umpire tasked with settling a disagreement between two parties. If he decides otherwise, he will be operating outside of his authority, thus nullifying the arbitral proceedings. This includes any other honors he may receive. In the West, we think about arbitration in this way. However, we’re discussing traditional arbitration here. What is traditional arbitration, exactly? What does it look like in practice? These and other important themes will be discussed in the following paragraphs.
Customary arbitration is not a new notion. It dates back to the pre-literate age. In Nigeria, like with man since the beginning of time, the practice of resolving problems through arbitration has always existed. There has been arbitration with various indigenous communities prior to the introduction of the British legal system of court litigation into Nigeria (Gadzama, 2004). It’s a way of resolving a conflict between two or more parties in order to keep societal harmony, peace, and calm. In actuality, Emiola (2011) describes arbitration in the African court system as a process in which a neutral individual is asked to arbitrate a disagreement between two people or two communities [p. 74].
In a traditional Nigerian family, the nuclear family, which consists of a man, his wife or wives, and children, is traditionally led by the head of the family. Extended family members usually live in the same neighborhood. A family head is chosen from this larger family circle to oversee the functioning of the extended family. Any conflict between nuclear family members is sent to the extended family head for resolution, and he preside over the conflict alongside other significant members of the extended family. Coker (1966) offers as a result:

Every man and woman has a responsibility to contribute to the social, physical, and economic well-being of the collective. The corollaries of this viewpoint must be, and are, a general deflection of any extraordinary points or rights from the chief or headman, as well as the establishment of a socio-political group that is only maintained as a family unit [p. 23].

 

Maintaining societal equilibrium would almost certainly require finding a method to create a long-term and permanent peace, and a peace agreement reached without some form of justice will only produce short-term results [p. 143]. (Sarkin, 2001). As a result, each family member has a responsibility to guarantee that justice is upheld in all parts of life in order to achieve peace and social stability among the many families that make up society.