The Legal Framework of CBN to Make Monetary Policy Decision on Naira Redesign in Nigeria

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.

 

 

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Oct 19

AN APPRAISAL OF THE DEVELOPMENT OF LEGAL FOUNDATION ON THE CONCEPT OF CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW

ABSTRACT

This dissertation entitled “An Appraisal of the Development of Legal Foundation on the Concept of Crimes against Humanity in International Law” aimed at examining the various constitutive legal instruments on the field of crimes against humanity in international law vis-à-vis the obligation of states to take practical measures to endure respect for the performance of such obligations under the various constitutive legal instruments. However, the justification for this research is that despite the fact that the term “crimes against humanity” has acquired enormous resonance in the legal and moral imaginations of the post-World War II which suggested that crimes against humanity are offences that aggrieved not only the victims and their own communities, but all human beings regardless of the community because such violate the very essence of the existence of humanity. Yet while the law limped lamely, the crime against humanity flourishes as if there is no law in existence, particularly of recent where there is an increase in violence at both local and international levels. For example, according to some estimates, nearly 170 million civilians have been subjected to genocide, war crimes and Crimes Against Humanity in the 21st century. In view of these events therefore the objective of this research is to identify the factors responsible for the prevalence of such crimes and to proffer solutions to the lapses identified (if any). In conclusion, it is recommended (among others) that there is the need for a specific international treaty on crimes against humanity which will provide a comprehensive definition of crimes against humanity; and by so doing it will harmonized constitutive elements of each of the crimes against humanity and promote greater certainty and uniformity in the development of the jurisprudence of the law of crimes against humanity. The sources of information relied upon here are relevant text materials, international instruments, domestic instruments, judicial authorities and internet materials

TABLE OF CONTENTS
Title page – – – – – – – – – – i
Declaration – – – – – – – – – – ii
Certification- – – – – – – – – – – iii
Dedication- – – – – – – – – – – iv
Acknowledgment – – – – – – – – – v
Table of Statutes – – – – – – – – – vi
Table of Cases – – – – – – – – – vii
Abstract – – – – – – – – – – viii
Table of Contents – – – – – – – – – ix
CHAPTER ONE: GENERAL INTRODUCTION
1.1 The Background of the Study – – – – – – 1
1.2 Statement of Problem – – – – – – – 8
1.3 Literature Review – – – – – – – – 10
1.4 The Scope of the Study – – – – – – – 22
1.5 Objectives of the Study – – – – – – – 22
1.6 Significance of the Study – – – – – – – 23
1.7 Research Methodology – – – – – – – 23
1.8 The Organizational Layout – – – – – – – 24
CHAPTER TWO: THE DEVELOPMENT OF THE CONCEPT AND LAW OF
CRIMES AGAINST HUMANITY
2.1 Introduction – – – – – – – – – 25
2.2 Historical Development of the Concept of Crimes Against Humanity – 25
2.3 Overview of the Evolution of the Concept of Crime Against Humanity- 32
2.4 The Influence of Nuremberg Conception of Crimes against Humanity
On the Development of International Criminal Law – – – 36
2.5 Evolutionary Development of the Distinctive Elements of the Notions of Crime against Humanity and Genocide: The Jurisprudence of ICTY

and ICTR – – – – – – – – – 58
CHAPTER THREE: ANALYSIS OF LEGAL FRAMEWORK ON THE
CONSTITUTIVE ELEMENTS OF CRIMES AGAINST HUMANITY
3.1 Introduction – – – – – – – – – 73
3.2 Analysis of the Constitutive Elements of Crimes against Humanity – 74
3.3 Acts Constituting Torture, and Rape and Sexual Abuse as Torture – 104
3.4 Differences between the Rome Statute, ICTY and ICTR statutes on
Crimes against Humanity, Genocide and War Crimes- – – – 122
3.5 Differences in the Contextual Requirement of Crime against Humanity
(CAH) – – – – – – – – – 131
CHAPTER FOUR: CHALLENGES IN THE PROSECUTION OF CRIME
AGAINST HUMANITY IN INTERNATIONAL LAW
4.1 Introduction – – – – – – – – – 134
4.2 Challenges Related to International Jurisdiction – – – – 135
4.3 High Burden of Proof – – – – – – – 139
4.4 Challenges of Legitimacy for the ICC- – – – – – 142
4.5 Intimidation and Withdrawal of Witnesses- – – – – 146
4.6 The Capacity to Entertain many cases at a time – – – – 147
4.7 The Challenges of Providing Adequate Funding for the Trials – – 148
4.8 Lack of Uniform Legal Regime – – – – – – 150
4.9 The USA and the ICC- – – – – – – – 154
CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary – – – – – – – – – 156
5.2 Findings – – – – – – – – – 158
5.3 Recommendations – – – – – – – – 165
5.4 Conclusion – – – – – – – – – 170
Bibliography – – – – – – – – – 173

 

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Oct 08

AN APPRAISAL OF THE CONCEPT OF COLLECTIVE SECURITY UNDER INTERNATIONAL LAW

ABSTRACT

This research examined the concept of collective security under international law and specifically examined the basis of the existence of such arrangements, the challenges and problems facing them and also proffered solutions to identified problems by way of recommendations at the end of the research. The doctrinal method of research was used to analyze the concept of collective security under international law generally with particular reference to the West African region. Some relevant literatures on collective security under international law were relied upon in the appraisal of the concept, starting from its historical evolution with the formation of the League of Nations to the United Nations (UN) and later regional arrangements like the Economic Community of West African States (ECOWAS). Some of the challenges and problems facing the various collective security arrangements locally and globally identified include, lack of funds to facilitate activities like peacekeeping operations and humanitarian aid, fighting environmental challenges like floods and earthquakes. Political military and legal challenges were also identified in the research. On the whole it was found out that the concept of collective security is a vital one to the development of peace and security at all levels. And in view of the challenges and problems identified it was therefore recommended that collective security arrangements should endeavour to intervene promptly in crisis of member states. Considering the slow response of the United Nations Security Council in crises of some member states we recommend the creation of a new organ with no permanent members, but representatives of all continents on rotational basis; and that among other things Economic Community of West African States (ECOWAS) should enhance its border security to reduce illegal migrations and proliferation of arms that contribute immensely to the acts of terrorism.

      TABLE OF CONTENTS          
Title page – – – – – – – – – i
Declaration – – – – – – – – – ii
Certification – – – – – – – – – iii
Dedication – – – – – – – – – iv
Acknowledgement   – – – – – – – – v
Abstract – – – – – – – – – vii
Table of Contents – – – – – – – – – viii
Table of Abbreviations – – – – – – – – xi
Table of statutes – – – – – – – – – xiii
  CHAPTER ONE: GENERAL INTRODUCTION        
1.1 Background of the Study – – – – – – – 1
1.2 Statement of the problem – – – – – – – 5
1.3 Aims and objectives of the Research – – – – – – 7
1.4 Justification of the Research – – – – – – – 7
1.5 Scope of Research – – – – – – – – 8
1.6 Research Methodology – – – – – – – 8
1.7 Literature Review – – – – – – – – 9
1.8 Organizational Layout   – – – – – – –  
  14                  

CHAPTER TWO: CONCEPTUAL AND LEGAL FOUNDATIONS FOR COLLECTIVE SECURITY

2.1 Introduction   – – – – – – – – – 16
2.2 Conceptual Clarification of Terms and Legal Framework- – – – 17
2.3 History and Development of Collective Security – – – – 26
2.4 Types of Collective Security Bodies – – – – – – 34
        8            
2.4.1 The United Nations – – – – – – – 35
2.4.2 The African Union – – – – – – – 40
2.4.3 North Atlantic Treaty Organization’s (NATO) – – – 44
2.4.4 Economic Community of West African States (ECOWAS)- – 46
2.4.5 The South African Development Community (SADC) – – 47
2.4.6 Intergovernmental Authority for Development (IGAD) – – 48
2.4.7 ANZUS Pact   – – – – – – – 50
2.4.8 South East Asian Treaty Organization (SEATO) – – – 50
2.4.9 Central Treaty Organization (CENTO) – – – – 50
2.4.10 WARSAW Pact – – – – – – – 51
2.4.11 The Arab League – – – – – – – 52
CHAPTER THREE: COLLECTIVE SECURITY IN WEST AFRICA    
3.1   Introduction- – – – – – – – – 54
3.2   The Economic Community of West African States (ECOWAS) – – 54
3.2.1 The Authority of Heads of State and Government – – – 55
3.2.2 The Commission – – – – – – – 56
3.2.3 The Parliament – – – – – – – – 57
3.2.4 The Community Court of Justice – – – – – 58
3.2.5 ECOWAS Bank for Investment and            
  Development (ECOBANK)   – – – – – 60
3.3   The Economic Community of West African States          
Monitoring Group (ECOMOG) – – – – – – 61
3.3.1 ECOWAS before the Creation of ECOMOG – – – – 62
3.3.2 ECOWAS after the Creation of ECOMOG – – – – 65
3.4   The Economic Community of West African States (ECOWAS)      
Mechanism on Collective Security – – – – – –  
70                    

CHAPTER FOUR: THE CHALLENGES AND PROBLEMS OF THE CONCEPT OF COLLECTIVE SECURITY

4.1 Introduction – – – – – – – – – 81
4.2 Global Challenges of Collective Security – – – – – 82
4.3 Regional Challenges of Collective Security with Particular        
  Reference to West Africa   – – – – – – 90
  4.3.1 Political Challenges – – – – – – – 90
  4.3.2 Military Challenges – – – – – – – 94
  4.3.3 Technical Challenges – – – – – – – 97
  4.3.4 Legal Challenges   – – – – – – 100
  CHAPTER FIVE: SUMMARY AND CONCLUSION        
5.1 Summary   – – – – – – – – 104
5.2 Findings   – – – – – – – – 105
5.3 Recommendations   – – – – – – – 107
5.4 Conclusion – – – – – – – – – 109
  References   – – – – – – – – 112
    LIST OF ABBREVIATIONS
Symbol   Meaning
A.U – African Union
ECOWAS – Economic Community of West African States
NATO – North Atlantic Treaty Organization
UN – United Nations
UNSC – United Nations Security Council
EU – European Union
ECOMOG – ECOWAS Monitoring Group
SEATO – South East Asian Organization
SADC – South African Development Community
IGAD – Intergovernmental Authority for Development
DPKRS – Department of Peacekeeping and Regional Security
EBID – ECOWAS Bank for Investment and Development
ERIB – ECOWAS Regional Investment Bank
ERDF – ECOWAS Regional Development Fund
NEPAD – New Partnership for Africa Development
PNA – Protocol Relating to Non-Aggression
AAFC – Allied Armed Forces of the Community
PMAD – Protocol Relating to Mutual Assistance and Defence
MSC – Mediation and Security Council
DSC – Defense and Security Commission
SALW – Small Arms and Light Weapons
TOC – Transnational Organized Crimes

LIST OF STATUTES

Constitutive Act of the African Union, 2000

Economic Community of West African States Revised Treaty 1993

Non-aggression Pact of 1978

Protocol on Mutual Defense Assistance 1989

Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security 1999

United Nations Charter 1945

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