ABSTRACT

This dissertation employs the doctrinal method of research to appraise the doctrine of Self defence as one of the fundamental principles of International law, and as one of the exceptions to the prohibition on the use of force. To this end, this dissertation centers on Article 51 of the United Nations Charter which provides for the right of self defence in International law. The dissertation contends that the provisions of Article 51 have generated some controversies among scholars of International law. These controversies have tended to obscure the scope of self defence in International law. The major problem of this research is that it is not clear whether Article 51 has abrogated or preserved the doctrine of anticipatory Self defence in Customary International law. This problem has been complicated by the use of the phrases ‘inherent right of individual or collective self defence’ and ‘armed attack’ in Article 51. The question therefore is that ‘does international law expect a State to do nothing where it is a target of an imminent attack’? The objective of this dissertation therefore is to examine the relationship between Article 51 and rules of customary International Law, and the circumstances in which the right of self defence can be exercised. The dissertation makes some findings by submitting that the doctrine of preemptive Self defence is contrary to Articles 2(4) and 51 of the Charter which prohibits unilateral use of force. Furthermore, both Article 51 and customary international law provide different rules for the exercise of the right of self defence .The writer suggests that there is urgent need for an amendment of Article 51 to bring it in line with current global challenges to global security. The phrase ‘armed attack’ should be well defined and the concept of collective self defence should be deleted from Article 51.Download Full Material-N5000

FEDERAL/STATE CONSTITUTIONAL ISSUES IN NIGERIA BETWEEN 1979 – 1903: THEIR GENESIS, EVOLUTION AND SOLUTION

Abstract:

This thesis aim at discussing the major problem of federalism in Nigeria under the Presidential Constitution which stems from the lack of proper understanding among the leaders of the principle behind the federal system, as manifested in the intense rivalry, confrontation, conflict of interest and difference of opinion between the Federal and State Government that characterised the Second Republic, The autonomy of each tier of government was misconstrued to mean competition and confrontation, with each trying to frustrate the other, whereas the conception underlying the system is that the federal and State Governments are mutually complementary parts of asingle governmental mechanism, federalism demands of them co-operation with one another in order to promote the welfare of the people through their combined efforts. To the common man living within the territory of a State, it is a matte* of little or not importance which of the two governments operating there has the constitut ional power to provide a particular service. Since the two must have between them the necessary power it is legitimate for him to expect them to co-operate in looking after his welfare. Conflicts between the two tiers of governments manifested in various areas, i.e . the non acceptance of the Presidential Liaison Officers by some State Governments, the use and control of the police, the controversy over the revenue allocation formula, the refusal of some State Governments to make land available to the federal Government for the building of the low cost housing units and the control of the mass media. But of all the confrontational stance of the State Government towards the Federal Government the most obvious was the demolition by the Oyo State Government of houses under construction at Ibadan by the Federal Government in order to solve the accomodation problem of the people of the State, • on the flimsy excuse that the land on which the houses were being built had not been granted to Federal Government, The use and control of the police was the source of much rancour and confrontation. There was the dispute about the constitutional propriety of the adaptations made by the President in the Public Order Act 1979- The revenue allocation formula enacted in 1981 generated a lot of controversy. The whole exercise was politicised. The non – NPN controlled States averred that the Federal Government manipulated the membership of the Joint Finance Committee appointed to resolve the difference between the formulae recommended by the House of Representatives and Senate, to suit their interest, and that was why they were denied the larger share recommended for them by the House of Representatives in the final report of the Finance Committee. The Federal Government was also involved in this unnecessary confrontation with some of the State Governments. The jamming of the television station of Lagos State by the Federal Government controlled NTA is an example of such confrontation. The multiparty system adopted by the country during the Second Republic was responsible for all conflicts and confrontations between the Federal and State Governments. The State Governments not controlled by the NPN refused to accept the leadership of the NPN Federal Government and felt that the only way they could score a political point was to frustrate the NBT Federal Government. This, it should be noted is disastrous for the political system of a developing State. Ways by which the confrontations and conflicts could be reduced considerably or eliminated completely have been discussed.

ANALYSIS OF THE LEGAL REGIME FOR CONTRIBUTORY PENSION SCHEME IN NIGERIA

ABSTRACT

This dissertation appraised legal framework of contributory pension scheme CPS in Nigeria. Doctrinal method was adopted. Thus, the dissertation analyzed material from primary and secondary sources. The primary sources include information from national and international legal instruments on CPS, while the secondary sources include books, articles and internet materials on the subject matter. It was found that there are still problems relating to coverage of the scheme. For example, the Scheme does not apply to private organizations with more than 3 employees but less than 15 employees. The same applies to workers in the informal sector which constitute a good percentage of Nigeria’s total labour force. Though, PenCom is in the process of setting up Micro Pension structure for such class of workers. However, there are challenges in the area of awareness and strong institutional structures. It is also found that saving or contribution under CPS is exposed to the risk of decline without controls measure as Federal Government failed to pay 1% of the total monthly wage bill payable of Public Services employees into the Pension Protection Fund to provide cover for such risk. Furthermore, there are states and organizations which are yet to register. This further raises question as to the effectiveness of PenCom as supervisory agency in the sector. The dissertation therefore recommended among others thatPenCom needs to issue regulations and guidelines to provide clarifications regarding contributions by employers with 3 to 15 employees. This is necessary because delay or failure to provide such guideline, could affect retirement plans of workers in private organizations with more than 3employes but less than 15 employees. With respect to workers in informal sector, Nigeria should learn from the success stories of other countries which have put in place strong institutional structures for micro pension to facilitate fund administration and made use of technological platforms including mobile money to increase coverage, remit pension contributions and pay retirement benefits. In order to compel Federal Government to fully implement Section 82 (1) of the Pension Reform Act, the law should empower the Federal Account Allocation Committee (FAAC) after sharing every monthly subvention, to deduct the 1% of the total monthly wage bill payable to employees in the Public Services and pay it into the Pension Protection Fund. Furthermore, Pension Reform Act should be elevated to become the applicable public sector pension law in every state.Download Full Material-N5000