http://hdl.handle.net/123456789/18 Law 2026-04-13T10:38:40Z http://hdl.handle.net/123456789/2097 HUMAN RIGHT- BASED APPROACH TO CLIMATE CHANGE MITIGATION IN NIGERIA ONU, Kingsley Osinachi Nnanna Climate Change (CC) has significant devastating effects on humans and their environment. However, anecdotal evidence has shown that climate change mitigation (CCM) measures threaten citizen’s human rights globally. Previous studies on CC have focused largely on the Human Right Implications (HRIs) of CCM measures under the Kyoto Protocol, 1997 with less emphasis on the extant international legal regime, the Paris Climate Agreement, 2015. This study, therefore, examined national laws and Nigeria's obligations under the Paris Climate Agreement 2015, with a view to determining the HRIs of their CCM measures. The Sociological Theory provided the framework, while the mixed methods of doctrinal and survey designs were adopted. Adamawa, Lagos, Kogi, Ebonyi, Delta and Sokoto states with the presence of CCM projects were purposively selected. Data were collected using primary and secondary sources. Primary sources included the Constitution of the Federal Republic of Nigeria, 1999; CC Act 2021; the Paris Climate Agreement 2015; Nationally Determined Contributions (NDCs) of Nigeria and that of Norway under the Paris Agreement; African Charter on Human and People’s Right Act, 1983 (African Charter); and case laws. Secondary data included legal texts, journal articles and newspapers. A validated questionnaire on human right-based approach to climate mitigation in Nigeria was randomly administered among civil servants (97), entrepreneurs (123), farmers (58), artisans (43) university lecturers (52) and students (127) across the six states. Key informant interviews were held with staff of the Federal Ministry of Environment (1), Federal Ministry of Petroleum Resources (1), National Environmental Standards and Regulations Enforcement Agency (1) and National Oil Spill Detection and Response Agency (1). Quantitative data were analysed using descriptive statistics, while qualitative data were content analysed. Majority of the respondents (89.8%) were aware of (CC). The severe environmental hazards associated with CC included traffic/congestion (87.6%), air pollution (79.4%), overpopulation (68.4%), river/sea pollution (58.9%), and flooding (50.8%). However, there was low awareness about NDC (4.2%) and its implementation action plans (4.8%). There was also low knowledge of HRIs of CCM measures (13.0%). The CCM measures did not protect rights to health (49.9%), shelter (42.1%), life (51.0%), property (40.7%), development (44.3%), food (40.6%), inequalities (45.4%), participatory and consultative rights (19.8%) and vulnerable minority (48.4%). There was no right-based legal framework to mitigate the effects of climate change. The implementation of the NDC has provoked some unintended violation of both substantive and procedural human rights, such as access to information, participation and access to justice. Victims of human rights violation induced by CCM measures relied on Article 24 of the African Charter, which prioritises development over environmental protection, to seek redress in court. Public participation and human rights were not fully embedded in the NDC and its sectorial Implementation Action Plans in Nigeria, compared to Norway that had mainstreamed human rights in her revised NDC and climate change mitigation action plans. Climate change mitigation laws and commitments in Nigeria gloss over human rights implications. Therefore, Nigeria should revise its nationally determined contribution and promote a climate change mitigation that supports human rights and public participation. 2023-03-01T00:00:00Z http://hdl.handle.net/123456789/2095 LEGAL FRAMEWORK FOR INDUSTRIAL DISPUTES AND COLLECTIVE BARGAINING IN PUBLIC UNIVERSITIES IN NIGERIA AJAYI, Oluwatobiloba Ifedolapo Industrial disputes between workers’ trade union and employers on issues of conditions of work are a recurrent problem in Nigeria. Of particular interest are disputes between the Federal Government of Nigeria (FGN) and the Academic Staff Union of Universities (ASUU), leading to recurring faceoff between both parties. A viable legal framework on collective bargaining is essential in protecting interests of groups that may interact in a relative power context. Previous studies on industrial disputes in public universities have focused more on processes of collective bargaining than on its legal framework. This study was, therefore, designed to examine the legal framework for industrial disputes and collective bargaining between ASUU and FGN, with a view to establishing their employer-employee relations. The Sociological Jurisprudence and Pluralist theories served as the framework. Doctrinal and qualitative methods were adopted. Primary data included the Constitution of the Federal Republic of Nigeria,1999; Nigeria’s Labour Act,1974; Trade Disputes Act, 2004 (TDA); Trade Unions (Amendment) Act, 2005 (TUA); National Industrial Court Act, 2006; Ghana’s Labour Act, 2003; United Kingdom’s Trade Union and Labour Relations (Consolidation) Act,1992; International Labour Organisation’s Conventions and Recommendations on Collective Bargaining; and case law. Secondary data included legal texts, articles and reports. Key informant interviews were conducted with 30 purposively selected stakeholders: University of Ibadan (executive-2, member-4), Olusegun Agagu University of Science and Technology (executive-2, member-3), Nnamdi Azikiwe University (member-5), Ahmadu Bello University (member-2) and University of Abuja (member-2); two National Universities Commission officials, four Principal University Management staff; two Senior officials of Federal Ministry of Labour and Employment and, two Senior officials of Federal Ministry of Education. Data were subjected to jurisprudential and content analyses. The legal framework makes inadequate provisions for collective bargaining and enforcement of collective agreement in Nigeria. Section 40 of the Constitution recognises the right to form or belong to a trade union to protect workers’ interests. Although Nigeria’s Labour Act contains provisions on what collective bargaining and agreement entail, nonetheless gives allowance for non-usage, it states no penalty for non-compliance with their processes where utilised. The TDA stipulates processes for disputes settlement, penalty for defaulting is inconsequential and not at par with global industrial realities. Section 16, TDA provides for interpretation of collective agreement, subject to Court’s decision and is considered final and conclusive. Inadequate fiscal support and research funds for public universities, imposition of Integrated Payroll and Personnel Information System as the payment platform for public universities’ academics were unsuitable for the university system and should be jettisoned. The process of collective bargaining between FGN and ASUU had lost its usefulness due to FGN’s constant call for re-negotiation of settled matters.The FGN claimed to have signed past agreements under duress and considered ASUU unrealistic in its demands. Although a legal framework exists for collective bargaining, their provisions are however inadequate in curbing industrial disputes between the Federal Government of Nigeria and Academic Staff Union of Universities; tilting towards the Government’s interest. Extant laws regulating collective bargaining and agreements should be reviewed to make them binding and enforceable. 2023-08-01T00:00:00Z http://hdl.handle.net/123456789/856 LEGAL FRAMEWORK FOR TRADITIONAL AND FAITH-BASED MATERNAL HEALTHCARE PRACTICES IN NIGERIA TAFITA, FOLAKE MORENIKE, Reproductive health and reduction of maternal mortality are major components of the Sustainable Development Goals. Nigeria‘s Maternal Mortality Rate (MMR) estimate from 2000 to 2015 is 814 deaths per 100,000 live births. Traditional Birth Attendants (TBAs) and Faith-Based Birth Attendants (FBAs) play a significant role in the provision of maternal health care services, particularly where orthodox maternal healthcare services are inaccessible in Nigeria. Previous studies have attributed the causes and high incidence of MMR mortality in Nigeria to the frequent patronage of TBAs and FBAs by pregnant women with little focus on the legal framework guiding their practices. This study was, therefore conducted in order to examine the laws regulating traditional and faith-based maternal healthcare practices with a view majorly directed at ensuring the standardization of its practice. Historical and Sociological theories of law were adopted. Qualitative research method was adopted. Study location was two urban (Abadina and Agbowo) and two rural (Akufo and Ologuneru) communities in Ibadan. In-depth interviews were conducted with 48 pregnant women ages 18 to 29, key informant interviews with 12 TBAs, 12 FBAs and 24 orthodox maternal healthcare practitioners including doctors, midwives and nurses; four focus group discussions were held with 32 couples ages 30 and above over a period of six months. Primary sources of law included the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Traditional Medicine Policy 2007, National Health Policy 2016 and National Reproductive Health Policy 2017. Legislations from Tanzania, South Africa and Malaysia were examined for comparative purposes. Secondary sources included books, journal articles and internet materials. Data gathered were subjected to jurisprudential and comparative discourse. Maternal healthcare practices of TBAs and FBAs were inadequately regulated under a specific national law to address the incidence of maternal mortality in Nigeria. There was a proliferation of unregulated maternity homes by both TBAs and FBAs. Women patronising TBAs and FBAs were exposed to risks and subjected to unorthodox practices in the hands iii of quacks and incompetent personnel. The existing policies on health and traditional medicine lacked provisions regulating TBAs and FBAs. The Traditional Medicine Council Bill fell short of provisions stipulating standards, training, professionalism, referral and other practice guidelines in comparison with Malaysia, Tanzania and South Africa that have lower incidence of maternal mortality. Tanzania‘s Traditional and Alternative Medicines Act 2002, South Africa‘s Traditional Health Practitioners Act 2007 and Malaysia‘s Traditional and Complementary Medicine Act 2016 had provisions on professionalism and specialisation of traditional and complementary medicine practices, apprenticeship, training and the duty to refer patients. Nigeria‘s current legal framework for addressing traditional and faith based maternal practices is weak and requires a review. There is a need for an all-embracing legislation to ensure more effective maternal health care services in Nigeria. 2019-08-01T00:00:00Z http://hdl.handle.net/123456789/854 VICTIM PARTICIPATION IN THE CRIMINAL JUSTICESYSTEM IN NIGERIA OLANIYAN, KAZEEM OLAJIDE Criminal and Procedure laws in Nigeria have not accorded much recognition to the victims of crime as they have focused more on crime and offenders.Consequently, the criminal justice system places greater emphasis on the wrong that has been committed rather than ameliorating the physical, mental and financial injury to the victim. Previous studies have focused largely on the punitive aspect of the criminal justice at the expense of restorative justice that allows for the active participation of the victim in the criminal process. This study, therefore, was carried out to make a case for the active involvement of victims of crime in the Nigerian criminal justice process. Restorative and Procedural Justice theories were adopted along with theInternational Criminal Court (ICC) Victims Participation model design. Primary sources of law included the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Criminal Procedure Code, the Criminal Procedure Law, the Administration of Criminal Justice Act 2015, the Rome Statute and Rules of Procedure and Evidence of the ICC. Secondary sources included books, journal articles and internet materials. Data were subjected to analytical discussion and comparative discourse. Victim participation in the criminal justice system in Nigeria is not consistent with international best practices, provided under the Rome Statute and Rules of Procedure and Evidence of the ICC. The Nigerian Constitution did not provide for the active participation of victims in criminal trial, but merely stipulate that the court should adhere to fair hearing and principles of natural justice. The extant criminal and procedure laws ignore any special role for the victims except treated as competent and compellable witnesses at the trial. The Administration of Criminal Justice Act, 2015, albeit mentioned victims participation but did not specify the nature, scope and extent of such participation. The rule and practice whereby the victim of crime is at liberty to institute civil action independently of the criminal process was found to be duplicity of efforts, cost and time. The reliefs being sought through the civil action could also be achieved in a criminal trial. The restorative justice met the compensatory aspirations of victim as regard putting him back to his position before the crime. In the same vein, the procedural theory satisfied the active involvement of the victim from the investigation, prosecution and trial stage in a mandatory manner as provided for at the ICC. Though, the Nigerian criminal justice system allows for restricted victims, participation as witnesses, however, this could be harmonised to allow for full participation of victims in the criminal process. Therefore, there is the need for a holistic review of the Nigerian criminal and procedure laws. This will ensure that perpetrators of crime are duly and appropriately punished such that the system delivers justice to the victim of crime in compliance with the tripartite notion of justice to the accused, to the society and to the victim. 2018-11-01T00:00:00Z