THE IMPERATIVES OF INTERNATIONAL CRIMINAL TRIBUNALS AND INTERNATIONAL CRIMINAL COURT ON CRIME OF GENOCIDE

ABSTRACT

The idea of a strong standing tribunal to try serious violations of international law has been around since the end of World War II. After WWII, the Nuremberg and Tokyo tribunals were set of ad-hoc by the Allies, the victors of the World War II to try the principals of the loosing axis power. While the Nuremberg was regarded as more successful and significant than the Tokyo tribunal.

During the years of the cold war, the idea of the future of International Criminal Court largely occupied the back burner of the International affairs. With the fall of the Soviet Union in the early 1990’s various tribunal and international conflicts broke out in the world. Most notably, after the break-

up of former Yugoslavia and the modern Balkan wars, it was clear war crime, genocide and crimes against humanity were occurring on a mass scale. Similarly, tribal warfare between the Hutus and Tutsis in several African countries including Rwanda and Burundi lead to enormous human right abuses. The United Nations Security Council established ad-

hoc tribunals to address the international crimes arising from those crises, the tribunals were set up specifically for the propose of those local conflicts, they revived the interest in the need to established a permanent global criminal court. And in 1998, the Rome statute was drafted, which set forth the legal frame work for a standing tribunal to address war crimes, genocide and crimes against humanity, this was achieved in April 2002.

The ICC formally come in existence on July 1st, 2002. The coalition of countries and civil society organizations in more 150 countries work in partnership to strengthen international corporation with the ICC, ensure that the court is fair, effective and independent; make justice both visible and universal.

An advanced strong national laws, that deliver justice to victims of war crimes, genocides and crimes against humanity. The provision of the Rome statute do not instill enough confidence to preclude the possibility.

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CHAPTER ONE

INTRODUCTION
In 1945, two monumental tribunals arose out of the ashes of World War II. The International Military Tribunals at Nuremberg, Germany and Tokyo, Japan. Both were established by the victorious nations of the World War II, in order to provide swift justice for the victims of atrocities and punishment for the perpetrators.

In the decades after the war, several adhoc tribunals were established to deal with various states sponsored crimes, including those tribunals set up in Bosnia and Rwanda in the 1990s. An all encompassing tool of Justice, though had yet to be organized. The 1998 meeting of nations in Rome however addressed the wide spread desire for international justice by creating the International Criminal Court (ICC).

The ICC was constructed by the United Nations to be a permanent, non-partisan judicial instrument to promote the Rule of Law and ensure that gravest crimes do not go unpunished. Those “grave crimes” include genocide, crimes against humanity; war crimes and the crimes of aggression. The court officially became operational on July, 1, 2002 in Hague, Netherlands.

The entry into force of the ICC statute has enabled the court to exercise jurisdiction to try individuals accused of war crimes, crimes against humanity and genocide. The court has jurisdiction over crimes committed by individuals who 1 are nationals of states which have ratified its statute, or who have committed crimes on the territory of such states. Those conditions are not applicable when a case is referred to the court by the United Nations security council. In addition, the court can only act when the relevant state is unable or unwilling to carry out investigation or prosecutions.

The ICC is a permanent court with potentially universal and over half of the states have so far ratified its statute. Although the U.S initially started an active anti-ICC campaign, its opposition has recently lessened since its strategy to undermine the court has proven to be ineffective and its fears have prove to be unfounded.

The ICC would not undermine the sovereignty of nations because it would function only where states are unable or unwilling to. The imperatives of International Criminal Tribunal, A case study of Crimes of genocide, deal with the historical evolution of this important branch of Public International Law.

It is the aim of this research work to critically analyse and appraise the contribution of international community to the development of world peace. Over the years from antiquity, to the modern times, rules, regulations, protocol and conventions were evolved which govern the contract of hostilities in both international and non-international conflicts.

The world has witnessed some of the most gruesome attacks on humanity by totalitarian and authoritarian regimes leading to the murder of innocent people to such alarming proposition that the international community could not ignore.

Global response to the United Nations to make genocide on international crime and bring its perpetrator to justice. These efforts culminated in the United Nations Convention on the Prevention and Punishment of the Crime of genocide in 1948.

And the event in former Yugoslavia and Rwanda which led to the destruction of thousands of innocent lives further strengthened the need for an International Criminal Court, which had long been under consideration. And with the adoption of the Rome Statute of International Criminal Court, International community took major steps towards ending the culture of impunity that has so often prevailed in our world.

“In the prospect of an International Criminal Court lies the promise of universal justice. That is the simple soaring hope of this vision, we are close to its realization and we will do our part to see it through till the end. We ask you to do yours in our struggle to ensure that no ruler, no state, no junta and no army anywhere can abuse human right with impunity.

Only then will the innocent of distant wars and conflicts know that they may sleep under the cover of justice; that they too have rights and that those who violate that rights will be punished”.

The words of the former United Nations Secretary-General, quoted above, aptly demonstrated global view with concern on the negative. It also indicates the direction of international community wants or intends to go in the quest to curb incidences of genocide around the world.1 1 Kofi Anan, Former United Nations Secretary General.

Available at http://www.un.org/law/icc/general/overview.htm 16th November, 2010 3 The history of mankind is the story of power struggle, confrontations and armed conflict between nations, people and individuals. From earliest times, men have been pre-occupied with the problem of how to control the effect of violence and its attendant human sufferings with varying degrees of success.

For example, prior to the middle of the 19th Century, agreements to protect victims of wars were of more transient character, binding only, upon the contracting parties thereto and based upon strict reciprocity. In reality, they constituted purely military agreement usually effectively only for the duration of a particular period of hostility. This state of affairs was changed by the birth of modern law.

The general assembly in 1995 session therefore decided to convene a preparatory     committee     of     member     states;     non     governmental and intergovernmental statutes in light of the myriad of amendment to ILC drafts as at.

THE IMPERATIVES OF INTERNATIONAL CRIMINAL TRIBUNALS AND INTERNATIONAL CRIMINAL COURT ON CRIME OF GENOCIDE

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ABSTRACT

In accordance with the Enterprises and Allied Matters Laws of the Federation of 2004, directors are tasked with the management of big and challenging corporations. This offers a formidable obstacle.

As a result, I am compelled to do research on the corporation’s human agents, trustees, and organs. These persons are the ones whose activities, from a legal standpoint, might be seen as those of the corporation. Although “ownership” is often vested in shareholders, it is not the intention of this project to examine shareholding in detail, as it is not the objective of this project to explore shareholding in depth. Shareholders carry the ultimate risk if anything goes wrong with the business. It is generally known that, in addition to their fiduciary obligations, directors owe the company they serve a duty of care and competence.

In the course of their responsibilities, directors are often obligated to perform a variety of obligations owing to the companies they represent. It is essential to note that the Act explicitly defines the circumstances under which a director may be removed from office. Theoretically, the corporation is responsible for enforcing the responsibilities of the directors since it is obligated to do so; nevertheless, in fact, the directors themselves are accountable for doing so. It is essential to remember that the Foss v. Harbottle precedent has been tempered by a number of statutorily permitted exceptions. This obligation also highlights the responsibilities of company directors and the circumstances under which a shareholder may launch a derivative action on behalf of the firm.

In closing, I will provide some recommendations on how directors might enhance company management. If necessary, I will also offer suggestions for the amendment of certain provisions of the Act that do not reflect modern corporate management in Nigeria, as well as the requirement that our courts live up to their constitutional responsibilities in interpreting statutes as they pertain to company directors.

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CHAPTER ONE

MEANING, APPOINTMENT AND QUALIFICATIONS OF DIRECTORS

1.1   WHO IS A DIRECTOR?

A director is a person who has been lawfully appointed by the business to govern and manage the company’s operations.

1 This definition goes beyond that of the 1968 Act2 in that it contains the condition that must be met before a legitimate appointment may be made. According to paragraph (2) of Section 244, there is a rebuttable presumption that all people designated as directors by a company, whether in an executive or other capacity, have been legitimately nominated to their posts. This protects third parties who do business with the company. In Aberdeen Railway Company v. Blaikie Bros. 3, Lord Cransworth defined directors as those to whom an organization delegates responsibility for managing its overall operations.

In line with Section 244(1) of the Companies and Allied Matters Act CAP C20 LFN 2004, the word “director” of a company would be defined as “a person appointed or elected according to law who is authorized to manage or direct the operations of a company or corporation.” This concept may be found in the second edition of Sofowara’s Modern Nigerian Company Law, which was released in 2006. Page 425.

Established initially by Companies Decree No. 51 of 1968 on page

(1859) 3 & 4 Macq 461, beginning on page 471, the enterprise.
The Act4 defines a shadow director as “any individual whose instructions and directions the directors are accustomed to following.” This term is available in Section 245 (1). Multiple directors are able to collaborate on a project. Despite the fact that this definition does not directly cover the practice of recognized organizations or corporations nominating directors to serve on the board of another company in order to represent and protect their interests, it is commonly assumed to be included. This is standard practice for several financial institutions that lend significant quantities of money to corporations. A further instance of a shadow director is when a government appoints directors to represent its interest in a corporation in which it has considerable or controlling shares. For instance, the Nkalagu Cement Company Ltd board of directors comprises directors chosen by the governments of the states of Enugu, Anambra, Imo, and Abia. Because their nominations for “directors” are not actively associated with the firm, these four state governments might be called “shadow directors” with regard to the Nkalagu Cement Company Ltd.

Decree No.1 of 1990 was then renamed “Act,” and those used to following directions did so. Section 248 of the Company and Allied Matters Act, CAP C20 LFN 2004, which was passed in 2004, stipulates that directors of a company can only be appointed by shareholders present at a general meeting of the company. However, the situation described above represents both a departure from and an exception to this rule.

It is crucial to emphasize, however, that the concept of “shadow directors” does not include people who give professional assistance and suggestions to directors in their capacity as directors.

1.2 statement of problem

The obligations of directors under CAMA, corporate governance legislation, and case law shall be discussed in the following paragraphs. This will be done in light of the facts supplied before. After performing our legal study using both a black-letter method and a comparative approach, this paper examines corporation law jurisprudence and reviews the obligations of directors categorized into three main categories: fiduciary duties, the responsibility of care, and the duty of loyalty. In the investigation, both black-letter and comparison techniques were used. In addition, the objective of this article is to define a number of essential phrases, such as “operating in the best interests of the company” and “for the benefit of the corporation.” 5

The Nigerian company law provides that directors have a fiduciary duty to the business. This obligation entails acting with “the highest degree of good faith” toward the company in all interactions with it or on its behalf. 7 A director is expected by law to behave at all times in “what he believes to be in the best interests of the firm.” This is done to safeguard the firm’s assets, promote the company’s activities, and further the purposes that prompted the founding of the company. 8 This legal principle is established in our laws as a clause contained in Section 279(3) CAMA, which states:

A director must always behave in a manner that he thinks to be in the best interests of the company as a whole in order to safeguard the company’s assets, promote the company’s operations, and further the reasons for which the company was created. In addition, the director must operate as a loyal, devoted, cautious, and typically competent director would under the same circumstances.9

Notably, the phrase “in the best interests of the firm” appears in § 279(3) of CAMA, which was stated before. This terminology has filled the corporate law jurisprudence in Nigeria and other nations with a feeling of legal uncertainty.

10 Although there is a dearth of case law on what the legislature had in mind when it used the term “what he feels to be in the best interests of the corporation,” a literal interpretation of the clause reveals that the words employed are subjective rather than objective. This is because there is a dearth of case law defining what the legislature had in mind when it used the words “what he deems to be in the company’s best interests.” The authors respectfully propose that the subjective test should be used in this circumstance because a close reading of the relevant legislative clause reveals that the intent of the draftsmen was to empower the board of directors to choose what is “in the best interests” of the firm. While the authors are aware that the criteria for what defines “the best interests” of the corporation might be vulnerable to differing interpretations, they respectfully propose that the test should be applied consistently.

Despite the above submission, the authors will continue to research how the term “in the best interest of the company” has been construed in a variety of jurisdictions.

1.3 Objectives of study

The purpose of this research is to analyze the duties of the board of directors in order to promote excellent corporate governance principles and recommendations in line with the Company Law Report and the Code. This necessitates research into the nature of corporate governance, the enforceability and effectiveness of the Company law Report and the Code, the links between the Companies Act of 2008 and the extent to which the responsibilities of directors as outlined in the Company law Report and the Code constitute legal obligations, and the nature of the links between the two.

1.4 STRUCTURE OF DISSERTATION
In the first chapter of the book, an overview of the topic is presented. This chapter’s objective is to examine the suggestion to analyze the board of directors’ responsibilities in light of the Company Law Report and the Code. Due to the various evaluations that have been done and the modifications to the system of corporate governance, as well as the fact that the Companies Act 71 of 2008 integrates for the first time regulations pertaining to corporate governance, this analysis is important. The introduction offers a summary of the content addressed in the subsequent chapters.

The second chapter provides a comprehensive overview of corporate governance and explores the regulatory framework of corporate governance in Nigeria. This chapter’s purpose is to analyze the components of excellent corporate governance. Once the structure of corporate governance has been determined and specified, the directors’ legal duties may be defined. There is also an analysis of the meaning and relevance of corporate governance. This debate concludes with an examination of the causes that led to the enactment of new corporate governance legislation. This is necessary in order to fully comprehend the rationale behind all of the adjustments made by the new Act. This investigation’s major objective is to uncover the defects in the prior Act and to examine the causes that led to the legislative body’s decision to change the previous Act.

In Chapter 3, we examine whether Company law may be implemented legally in Appraisal Of The Duties Of Directors. Consequently, this kind of evaluation includes study on the efficacy and enforcement of business law. Consequently, it is necessary to explore the responsibilities that the board of directors is obliged to accomplish under the Company law, as well as the relationship between the Company law and the Companies Act 71 of 2008.

Chapter 4 examines the history of corporate governance in the United Kingdom, as well as its subsequent development. Consequently, it is feasible to distinguish the numerous committees and reports.

The aim of this dissertation is to provide a solution to the fundamental problem addressed, and one of its objectives is to compare and contrast the legal and regulatory frameworks of two nations.

In Chapter 5, the Nigerian legislature and other policymakers are supplied with a summary of the key arguments offered in this dissertation on Appraisal Of The Duties Of Directors as well as ideas for strengthening corporate governance standards in Nigeria.

1.5 RESEARCH METHODOLOGY
The research on Appraisal Of The Duties Of Directors would include examining the relevant legislation in Nigeria and other nations to establish the responsibilities of the board of directors with regard to furthering the principles of good corporate governance. Using case law, books, articles, and research reports as sources of knowledge, the study will be broadened. In addition, a comparative examination of the United Kingdom’s legal system will be conducted. Finding a solution to the problem stated in this dissertation was the major purpose of the comparative study conducted.

A comparative study is, at its most fundamental level, a rigorous research that strives to illuminate the similarities and differences between two or more nations or regions. The comparative method demands us to first identify similarities and differences, and then to defend our rationale behind them. In the study of comparative law, a thorough knowledge of the different legal systems may lead to the discovery of key lessons from each system. These insights have the ability to influence the growth of the law and to motivate imitation and genuine attempts to converge or unify legal norms. [1]

In addition, it seems that a comparative study is of particular importance because section

A clause of the Companies Act 71 of 2008 reads, “[t]o the extent necessary, a court interpreting or executing this Act may consider international company law.” This clause appears in section 5. (2). This is a helpful complement to section 5(1) of the Act, which specifies that the Act “must be construed and used in a manner that accords effect to section 7’s purpose.” Section 7(e) of the Act states that one of its objectives is to “continue to allow for the development and usage of firms in a way that increases Nigeria’s economic wellbeing as a global economy partner.” This objective is cited as one of the reasons the Act was passed.

[1] Phillip C. Aka, “Corporate Governance in Nigeria: An Analysis of the Dynamics of Corporate Governance,” in Corporate Governance in Nigeria:

Governance Reforms in the Rainbow Nation appeared in North Carolina Journal of International Law and Commercial Regulation number 33, pages 254-255, in 2007. In this research, Aka provides a synopsis of Nigeria as well as the scholarly literature on comparative corporate governance legislation. He continues by stating that the comparative corporate governance school of thought seeks to understand and shed light on the approaches that governments in various regions of the world take towards the regulation of corporations, paying special attention to the origins of the differences between countries or regions and how long they tend to last.

An Appraisal Of The Duties Of Directors Of A Public Company In Nigeria

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ABSTRACT

Using Lara Foot Newton’s Reach! and Craig Higginson’s Dream of the Dog, this study examines how selected South African playwrights employ the themes of memory, trauma, and therapy as a means of recounting the horrific experiences of the apartheid regime, as well as the effects of these experiences on personal, social, and political life and relationships in post-apartheid South Africa. Since Sometimes, literary topics are loaded with ambiguous meanings and allusions. Therefore, they are constantly susceptible to interpretations informed by literary conceptions and theories. The research is based on the idea that, like other post-apartheid South African plays, the chosen plays deal with sensitive subjects relating to memory, trauma, and treatment. This is accomplished by using Freudian psychoanalytic perspectives, which promote a connection between the effect of memory and trauma on a person’s social behavior and literary creativity. It also analyzes how characters’ interiorities influence their behaviors in chosen post-apartheid South African plays. The research contends that playwrights have an important role not only in identifying the South African experience within literary discourse, but also in illustrating the therapeutic approach to the study of South African experiences via their works. Therefore, the research concludes that psychoanalysis gives a fresh viewpoint on the investigation of characters in South African plays. It also finds that memory, trauma, and treatment impact the inner workings of some post-apartheid South African personalities. The research finds, therefore, that psychoanalytic critique is useful for elucidating how interiorities inspire acts in post-apartheid South African plays.

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CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background of the Study

This research investigates how a selection of South African playwrights

The authors use memory, trauma, and treatment as themes in their writings.

describing the horrific experiences of the apartheid government and its repercussions

Relationships and personal, social, and political life in post-apartheid South Africa

Africa. It is vital to understand that the term that characterizes apartheid fundamentally is

Segregation, the segregation of blacks by whites and their adversaries. Apartheid was a system of discrimination

racial prejudice. According to Mhlauli, End Salani and Rosinah Mokotedi, (2015:

205) “Apartheid is an almost commonly acknowledged term that means “segregation on the basis of race”

the basis of race Furthermore, apartheid was a system of racial discrimination.

Separation or segregation of blacks and whites was also implemented in the regions of

government, labor market, and residence requirements Thus, it was ubiquitous in that it was firmly rooted.

“integral to the economic, social, and political framework of the whole nation.” The

Apartheid tyranny, which, compared to colonialism, is the most abhorrent, and

Nature abhors man’s unnatural role, but man has utilized all of nature’s tools, instruments, and structures.

white minority to establish disproportionate segregation of black majority in society.

Consequently, the repercussions of this awful system are such an experience.

A history of intolerance, brutality, racial hatred, and warlike conditions.

racial connections between blacks and whites. Therefore, life was miserable for blacks.

brutish and little in height. For both black and white South Africans who endured apartheid

x

The hidden reason in this period is unpleasant recollections of this violent and horrible event.

Their connections are defined by their activities and their behavior.

Therefore, using Lara Foot Newton’s Reach! and Craig Higginson’s Dream of

the Dog, this essay examines the playwright’s obsession with the negative effect of

Memory and trauma in South Africa after apartheid. An examination of South African

Literature demonstrates that there is a substantial body of critical works focused at depicting

South Africa’s post-apartheid experience. For instance, researchers such as Mekusi,

Ibing Stephane (2009), Catherine Powell (2010), Clare Stopford (2013), and Busuyi Stephane (2009) (2007)

have mostly examined Post-Apartheid South Africa from a sociological perspective.

viewpoints on the political, cultural, and historical past Greg Homann (2009:26) shares this opinion.

that the chosen plays in this study demonstrate “a new confidence in creating plays in which”

The choice of form complements the authors’ storyline and thematic themes. Hence, he

argues that Foot Newton and Higginson adopt a realist method of depiction in their respective works.

stories”.

Despite the contributions of these efforts, they have not provided enough results.

The chosen articles focus on the psychological aspect of post-apartheid experiences.

plays exemplify. Consequently, this research extends prior techniques by deploying

Psychoanalytic review of Lara Foot Newton’s Reach and Craig Johnson’s

Examples of post-apartheid South African plays include Higginson’s Dream of the Dog. This

Research focuses on how playwrights represent interiorities, which include the

interaction between conscious and unconscious painful memories and conscious efforts to overcome them.

MEMORY, TRAUMA, AND THERAPY IN POST-APARTHEID SOUTH AFRICAN PLAYS: AN EXAMINATION OF LARA FOOT NEWTON’S REACH! AND CRAIG HIGGINSON’S DREAM OF THE DOG

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ABSTRACT
Since the Organization of African Unity (OAU) was renamed the African Union, this change has taken effect.

(A.U.) the newly created organization developed a variety of policies and procedures in order to promote

Notwithstanding the efforts of the United Nations, peace and security have not yet been achieved on the African continent.

Organization of United Nations (UN) whose major mission is to advance international peace and security

world. The recently established African Union will now be responsible for a wider range of responsibilities.

promotion of human rights, management of existing conflicts, and enhancement of existing good

governance, as well as the problem of changing the government in a way that violates the constitution. This is the first one.

The present moment marks the first time in the annals of the Organization of African Unity (OAU), the subject of

The phrase “exclusive domain” has been taken out of the Charter of the OAU, and by incorporating it, the OAU now

The right of the Union to interfere in the new African Union Constitutive Act was included in the new document.

domestic affairs of a member nation that is engaged in armed combat. Numerous subfields of expertise

The new African Union Act established a number of bodies, one of which being the African Charter on Human and

Peoples’ Rights and the African Human Right Commission, often known as the African Human Right Commission

Court, all in an effort to establish a sense of tranquility and safety throughout the continent. The explanation for why

The goal of the African Union’s efforts to promote peace and security throughout the continent is straightforward: peace and security.

As a desired alternative to war and other forms of conflict, as well as a marker of progress, security is a desirable social goal.

a divergence from the conventional notion held by the International Community, which is that

The essence of the nations in Africa is to be more conflicted. The Cold War has finally come to an end.

changed the worldwide strategic environment, which necessitated a comprehensive rethinking of the

global power structure upsetting the people’s natural harmony and replacing it with artificial harmony

them with antagonistic points of view. Colonialism was responsible for the formation of African states. Their

economies operate under a framework of international trade that seems to be skewed against

them. After independence, former colonial overlords continued to have directionally significant influence.

by offering financial assistance, technical assistance, and development models that, in the end, do not

viii

advantageous. Because of a lack of unification, poor administration, and a solid economic foundation, the country has become.

The failure of this endeavor is largely attributable to the actions of Africans. By the mid-1990s, a

continent that during the independence movement of the early 20th century was hailed as a “continent of promise.”

The 1980s were quickly heading toward the label of “global basket case.” Throughout the whole of the 1960s and the first

During the first part of the decade that followed, Africa was seen to have a greater number of opportunities.

than Asia or Latin America, yet they lack even the most fundamental social framework. It ended up being the other way around.

be the case due to the fact that the history of African progress was characterized primarily by human and

a combination of natural disasters and an extraordinary failure on the part of socioeconomic and political

management, a vastly increasing population, falling rates of food production, and mounting indebtedness

poverty, joblessness, poor governance, a lack of adequate health services, and

all led to the worsening of poverty.

The African Union’s (A.U.) role in promoting security and peace in Africa

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OWNERSHIP AND USE OF LAND IN NIGERIA UNDER THE LAND USE ACT

CHAPITRE ONE

INTRODUCTION

MEANING OF LAND AT COMMON LAW
In general, different scholars have varying conceptions of the meaning of Land under common law. Niki Tobi, J.S.C., provided one such definition, defining land to encompass not just the earth’s surface and subsoil, but also any appurtenances permanently linked to it.

1 As a result, section 3 of the Interpretation Act is consistent with the aforementioned definition. In the case of Wilson v. Shorock2, another learned scholar and legal eminence, Bennett. J., defined Land as “not merely the earth surface, but down to the centre of the earth and up to the heavens.”

1.2 MEANING OF LAND UNDER CUSTOMARY LAW

Nobody has yet to provide a clear – cut definition of land in this country, as Essien acknowledged when he stated, “none of the existing major books on Nigerian Land Law has bothered about the meaning of Land under customary Law, and case Law offers little assistance in this regard.”

1. Niki Tobi, “Cases and Materials on Nigerian Land Law,” Mabrochu Books, Lagos, 1977, p.1.

2. Re. Wilson Syndicate (1938) 2 All E. R. 599 at 602

Regarding”3 but it is safe to add that Land under customary Law, like its meaning under Common Law, includes things not only on the surface area,

but also other things on the Land, as the principles of quid quid plantatur solo solo cedit hold sway, an exception from the Court’s decision in the case of Ezeani V. Njidika4 where Elias C. J. N. (as he then was) said:

We believe that planting the Land with economic crops such as rubber must be regarded as necessarily incidental to the use of the Land because there is no evidence that it was prohibited under the terms of the original pledge;

however, it is also clear that the pledgee has no right to any compensation or credit for the plantations that accrue to the pledged land under the principle of quid-quid plantatur Solo Solo Cedet.

As a matter of grace rather than legal right, the learned trial judge instructed the appellant to allow the respondents to reap the next harvest before giving over the pledged Land to the appellant.

1.3 MEANING OF LAND UNDER STATUTES

The interpretation Act of 1959 and 1999, Cap 192, is now contained in Cap 123 Laws of the Federation and defines

3. Credit and Security Law in Nig. P.74 (Conveyance)

4. 1 All N.L.R., p. 402 (1964).

Land is defined as “any building or other thing attached to the earth or permanently fastened to anything so attached, but excludes minerals.”5

Land ownership is a critical issue in the country; it is even a fundamental right as provided for in Section 436, which provides for the right to acquire and own immovable property wherever in Nigeria, and Section 44 discusses forcible acquisition of property.

In the case of Chiade v. Aggo7, the Court held that under Section 44(1) of the Constitution, no movable property or any interest in an immovable property shall be taken possession of compulsorily, and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purpose prescribed by law.

While section 44(1) (a) requires prompt payment of compensation, section 44(1) (b) grants any person claiming such compensation a right of access to a court of law, tribunal, or body having jurisdiction in that part of Nigeria to determine his interest in the property and the amount of compensation.

5. Article 18 (1)

6. Federal Republic of Nigeria Constitution of 1999

7. 1 N. W. L. B (Pt. 907) p.319, 2005

The Land Use Act of 1978 is an important statute that improves the Land tenure structure in Nigeria, and it to some extent corrects the inequities in respect to Land between the Land owner and the renter.

Section 1 of the Land Use Act, on the other hand, vests in the Governor of each state the management of land for the use and profit of all Nigerians.

Obikoya and Sons Ltd v the Governor of Lagos State and another8 held that under Section 28 of the Land Use Act, a right of occupancy may be revoked for overriding public interest on two broad bases, namely, for “the cause” under Section 28 (2)

(a) and the requirement of the land by government for public purposes of a local, state, or federal nature, or for mining, oil pipelines, or purposes connected therewith under Section 28(2)(b) and (c).

8. (1987), 1 NWLR (pt.50), p.385

Section 315(5) (d) of the 1999 Constitution provides that nothing shall invalidate the following statute, namely the Land Use Act. The court held that it is not correct in law that it is only when there is an element of “fraud” involved.

The owner or holder of land has the right to be heard under Section 28(2)(a) of the Land Use Act. A holder of a right of occupancy shall be heard before his right is withdrawn, according to Section 36 (2) of the 1999 Constitution, which supplements the provision of Section 28 of the Land Use Act.

In addition, in the Lagos State Development and Property Cooperation and others V Foreign Finance Corporation9. The Court decided that (1) the fact that full particulars of the group of the revocation of a right of occupancy shall be communicated by the Instrument cancelling the right of occupancy, even if the enabling

Law does not expressly declare so, is inherent in the provision of Section 36(2) (a) of the 1999 Constitution. To remove a grant of statutory right of occupancy from a private company or individual and award it to another private company or individual for the same purpose as was held in L.S.D.P.C. v Foreign Finance Cooperation (Supra), is an abuse of statutory power.

9. 1 N.W.L.R. (pt.50) at 413 (1987).

SOURCES OF NIGERIAN LAND LAW
There are several sources of Nigerian land law, including the following:

1.4.1 Nigerian Customary Law:

Prior to the introduction of received English Law into Nigeria, the various existing communities had their own system of Customary Law that governed their business. The principles of customary law are tested for validity; before the courts use them, they must pass the three tests of validity stipulated by statute. As determined in the case of Mojekwu v Mojekwu10, such a ruling has been integrated as one of the sources of Nigerian Land Law.

1.4.2 Received English Law

English Laws are made up of the principles of Common Law, the doctrine of Equity, and statutes with broad implications. English Law was introduced into Nigeria by Ordinance No.3 of 1863, in Attorney General V. John Holt.11 Osborn C J. confirmed the above fact when he stated:

10 N.W.L.R. (Pt 50) 283 (1997)

11 A.C. 599 (1910) 2 N.L.R.I (1915)

It has been enacted by ordinance No.3 of 1863 that all laws and statutes in force within the realm of England on the first day of January, 1863,

that are not inconsistent with any ordinance in force in the colony or with any rule made in pursuance of any such ordinance, should be deemed and taken to be in force in the colony and should be applied in the administration of justice so far as local circumstance would permit.12

1.4.3 NigerianLegislations

Nigerian Legislations are the laws enacted by the organs of government whose primary responsibility it is to enact laws for the states.13 Ordinances, Decree and Statute, Act, and Law are all examples of laws passed by the Nigerian Central Legislature prior to October 1, 1954, when Federalism was adopted in Nigeria. Nigerian laws examples include:

12. Id., p.9.

13. Legislation is classified into two types: (1) primary and (2) subsidiary.

Ordinances: These were laws passed in Nigeria before to the country’s independence in 1960; the majority of these laws were either repealed, reiterated, reformed, or re-enacted following the country’s independence.

Acts: Legislation enacted by the National Assembly. For example, the Evidence Act, Marriage Act, Criminal Code, Land Use Act, and so on.

Laws: Legislation passed by the State House of Assembly, for example: Akwa Ibom State Land Tenant Law, Akwa Ibom State High Court Laws, Akwa Ibom State Sales of Goods Laws, and so on.

Statutes: These are all of the many Acts of Parliament, such as the ICPC Act, the E.F.C.C. Act, and so on.
The Constitution is considered as the Federation’s primary and highest law. Consider the 1999 Constitution.
14. One example is the abolition of the Osu system in South-East Nigeria.

In Nigeria, legislation is the most important source of law. This is because legislation has the power to nullify any received English law and to remove any customary rule.14 Also in 1959,

the Western area of Nigeria repealed the English Conveyance Act of 1881 and replaced it with the Nigerian Conveyance Act.

The Property and Conveyancing Act (P.C.L) of 1959.15 has achieved widespread application throughout the western region.16 The Land Use Act 1978 is the most notable piece of legislation in respect to land use since it has freed land holding from the shackles of various customary laws and has become the primary source of land rights in Nigeria.

1.4.4 Judicial Precedent

The Nigerian case The ratio decidendi and obiter dicta of courts are both part of the law. This has become crucial, thus

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JUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CASE STUDY OF KOGI STATE

ABSTRACT

Juvenile Justice System is a special track of the criminal justice system. Essentially, the system is expected to be child-friendly in form and application. The need for a child-friendly justice system is borne out of the realization that children are vulnerable and that subjecting a child offender to the full weight of the criminal justice system will have an adverse effect on the child and the society in general.

The general criminal justice system including juvenile justice system in Nigeria is retributive and punitive contrary to current trends, which emphasizes rehabilitation, reformation and re-integration as the main goal.

In view of the importance for which the promotion and protection of the right of the child avails the world, issues of children has assumed a global interest and attention. To this end, juvenile justice administration is no longer a matter within the exclusive domain of national governments. Therefore, the Nigerian juvenile justice system must be measured against the parameters set by United Nations and other Continental or Regional organizations.

Historically, Nigeria was in the forefront of Nations committed to the right and welfare of the child. Nigeria enacted the Children and Young Persons Act in 1943 and it was subsequently adopted in Northern Nigeria in 1958. These laws predate any international instruments on the rights and welfare of the child.

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JUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CASE STUDY OF KOGI STATE
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Abstract

This paper Examination Of The Duties Of The Employer and Employee Under The Nigerian Employment Law, examines the duties imposed on both the employee and the employer under the Nigerian employment contract. Any agreement in which one party agrees to engage another as an employee or worker and the other agrees to serve the employer in the role of an employee is regarded as an employment contract. The phrase “employer” refers to a person who engages someone as a worker, either for himself or for the benefit of another. Additionally, the word includes the representative of a deceased employer and the agent of the first individual mentioned. An “employee” is a person who is engaged by an employer under the terms of a contract, regardless of whether the employment is continuous, temporary, apprenticeship, or casual. This term includes domestic workers who are not members of the employer’s family, as well as anybody who works for the municipal, state, or federal government. As a result of the nature of the relationship between an employer and an employee, both sides are legally obligated to fulfill specific responsibilities. Paying money, giving work, and providing proper protection for employees against accidents experienced on the job are some of the duties of the employer, while the employee’s responsibilities include obedience and loyalty.

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CHAPTER ONE

INTRODUCTION

The Nigerian worker must be able to fully engage in the nation’s economic, social, and political progress, according to the country’s constitution, which lists this as one of its own objectives. It says that the state’s policy must aim to achieve, among other things, the following:

a) All citizens, without exception and for any cause, have the opportunity to obtain sufficient means of sustenance and appropriate possibilities to find suitable employment;

(b) working circumstances are equitable and courteous towards workers;

(c) the health, safety, and welfare of all those engaged in employment are safeguarded and not put in peril or exposed to abuse;

(d) there is no discrimination based on sex or any other factor with respect to the compensation received for similar quantities of work [1].

It is the duty and responsibility of all levels and branches of government, as well as all authorities and persons who exercise legislative, executive, or judicial powers, to comply with, observe, and execute these orders. [2] Despite the fact that these rights, if they can be regarded rights at all, are not justiciable rights [3,] there is little doubt that they serve as a critical standard by which the rationality, if not the constitutionality, of our labor laws may be evaluated. This is something that cannot be contested.

The Constitution, several Acts of Legislation, and Common Law all contribute to the development of Labor Law. The common law consists of the legal precedents made by courts in England and Nigeria [4]. Even though their opinions are often accorded the highest respect in real practice, English court decisions are just persuasive. Common law countries that are not members of the commonwealth but have a common law system are also helpful. It seems that our country’s labor rules have not been affected in any manner by our customary legal system.

In this chapter, I will discuss the background of my study on Examination Of The Duties Of The Employer and Employee Under The Nigerian Employment Law, highlight the statement of the problem that this project aims to resolve, reveal the objective I had in mind when I set out to conduct this study, define the scope of my study, and pose pertinent research questions that will aid in the development of my research methodology. A review of the relevant scholarly literature and research will reveal that our courts are progressively focusing on the law governing an employer’s obligation to his employee. This is a departure from the past, when, as I noted in my abstract, the legislation favored only labor employers. In this chapter, I will also discuss the current legal framework that governs the interaction between an employer and his employee.

1.1   Background of The Study

If the parties in a given scenario were to renege on their commitments without assuming extra responsibilities, the situation would be plagued with interminable complications, making it almost impossible to continue doing business.

It is fair to assume that a modern conventional employment contract will establish a legally enforceable agreement between the employer and employee. The terms must be stated in writing, and the employee must get a copy of the document within a reasonable timeframe. This will enable the employee to be informed of any contract conditions that have been violated, a need for determining liability. It is also expected of the contracting parties that they would comply to the terms insofar as they affect them personally. The implicit terms of the contract must also be respected, and the process for terminating an employee’s employment must adhere to labor law and natural justice principles. Is this the current state of law and practice in Nigeria’s labor market? Without a doubt not.

The master-servant relationship imposes certain duties on the employer, and he is expected to fulfill these responsibilities toward his employee, provided that the employee does his or her own work in a dependable, honest, and reputable way. If any party breaks the provisions of the gentleman’s agreement, that party will be held liable for the violation by the other party. Employer liability has typically gotten little or no attention, especially in circumstances when the employer breaches the terms of the contract or fails to execute or carelessly fulfills the tasks he owes his employee.

The seeming neglect and inertia (idleness) by the authorities of this vitally important topic of law has prompted research, especially now that Nigeria as a developing nation is experiencing industrial growth. This carelessness and indifference (idleness) on the part of the government has sparked studies.

1.2 Statement of The Problem

It is an inquiry of the present state of the law, with the objective of assessing how legislation and regulations have attempted to defend the interests of workers, and how far or to what degree the courts have protected these interests. This legal inquiry is being conducted.

There have been cases of employers violating the terms of the contract without complying to the standards set for labor law and practice in Nigeria as well as the principles of natural justice. The employee was pushed into retirement, laid off during a restructuring, or dismissed unfairly for political, social, or economic reasons. It is conceivable that the employee’s services are no longer required in the present either “because the company is unable to get an import license for the purchase of raw materials or until the nation’s current economic condition improves.” To add insult to injury, he is often terminated without sufficient compensation and in breach of the contract provisions.

1.3 Objectives of The Study

The fundamental purpose of this research is to uncover and bring to the forefront, in the first instance, for any potential employee and employer, respectively, the fact that all employers are required by law to strictly adhere to the terms of the contract they have entered into with their employee.

The secondary purpose of this research is to uncover and emphasize that all employers are required by law to adhere to the conditions of the contract.
As a morale booster for workers, on the need to seek redress if there is/are perception(s) of violation of the conditions and responsibilities, since it will go a long way in making our labor system and employers more responsive and compelled to fulfill the duties imposed by law to their employees. As a morale enhancer for workers, the need to seek redress when there is a sense of a violation of terms and duties.

It will also develop and strengthen our existing case laws and legislations on labor and employment law, and it will provide ready-to-use information on what the law has said in the past, what it is saying now, and what it is likely to say based on precedent for any case based on labor law and practice in Nigeria.

1.4 Research Questions

Based on specific outstanding problems in labor and employment law, the research questions formulated for the purposes of this study are geared at civil servants and legal professionals and are based on unresolved issues in labor and employment law. In addition to the personal information they gave, the following are my research questions:

Under what specific conditions may it be said that an employer has breached the terms of the contract, hence creating liability?

Does the law afford any form of remedy for the unhappy worker notwithstanding the stringent constraints imposed by the rules and regulations?

Is it still feasible for the law to safeguard workers against such careless employers?

How have laws and courts safeguarded and defended the rights of an innocent worker, and to what extent?

The aforementioned issues will serve as the basis for this inquiry into legal questions.

1.5 Significance of The Study

Employers must now be more careful and vigilant in their interactions with their employees so as not to violate the terms of their contract or the legal requirements placed upon them. This is because workers are becoming more aware of their legal rights.

This study indicates that employees will begin to assert their legal rights when their rights are infringed by their employers. Legal professionals, law students, and the general public are becoming more concerned about and curious about the liabilities that companies face when they fail to uphold their obligations to their employees.

1.6 Scope of The Study

Within the expansive, intricate, and intricately sectioned field of employment law, my focus is limited to an employer’s liability to his employees, the various laws that apply to regulate labor practice in Nigeria, and, most importantly, case laws, which are the basis for the vast majority of tortious claims. During the course of this project, we will endeavor to undertake a thorough investigation into the underlying cause, if any, for the employer’s blatant disregard for the contractual terms and labor laws.

I refer to the utilization of both primary and secondary sources of information as the “ideal approach” for doing research on a topic as complex as employment law. The primary source consists of questionnaires sent to employees and one-on-one interviews with prominent legal practitioners about a number of highly disputed and open-ended elements of their profession. The results are just astonishing. The secondary sources include of books, academic journals, and newspapers, as well as articles and information from reliable websites.

Examination Of The Duties Of The Employer and Employee Under The Nigerian Employment Law

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ABSTRACT

This study focuses on The legislative provisions concerning foreign investment in Nigeria. The economic balance sheet of every nation is subject to the effects of both internal and external factors overseas. Because of the effects of globalization, it is already common knowledge that the former speaks.

noisier than it was in the days when domestic measures used to influence how things were handled. The

a strong desire on the part of the government of Nigeria to attract investments from other countries

has should be investigated within the framework of the two inclinations that are often shown by a

strategy based on nationalism, the basic tenets of which are nationalization, indigenization, and control

determinants and by liberalization, the most important of which are deregulatory policies and private sector involvement.

Indeed, Nigeria was the first country to use it with the hope of achieving growth, prosperity, and independence.

sufficiency before to dating, starting off slowly with the second.

This new research picks up where the last one left off. It focuses on the most important aspects of the

national strategy that placed a significant emphasis on the adoption of domestic policies and pieces of legislation, particularly

in this instance, legislation governing currency exchange and indigenization. The situation is then taken into consideration.

era in Nigeria’s history when it was torn between the two; this is seen, for example, in her not

the indigenization laws will be completely repealed, yet there will still be some involvement without

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THE LEGISLATIVE PROVISIONS CONCERNING FOREIGN INVESTMENTS IN NIGERIA WITHIN THE CONTEXTS OF NEPAD AND AGOA

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ABSTRACT

This study, which was conducted under the title “The Role of Intellectual Property (IP) Law in the Growth of Small and Medium Enterprises (SMEs) in Nigeria,” was carried out with the goal of discovering how intellectual property laws can assist SMEs in thriving in the market place in the growth and development of Nigeria, as it has done in other developed and developing countries; and if they cannot, determining the reasons why and also determining possible solutions. In order to achieve the goals stated above, the study investigated the impact intellectual property has on the expansion of small and medium-sized businesses. In the economy of Nigeria, the features of a typical Nigerian small and medium-sized enterprise (SME) were explored, along with the performance of SMEs in the economy of Nigeria, challenges, and opportunities. In addition to this, it suggested corrective actions that have to be performed in order to make sure that SMEs in Nigeria thrive. The research looked on the issues that intellectual property rules provide for small and medium-sized businesses in Nigeria. The most important takeaways from this study are that small and medium-sized businesses (SMEs) have played and continue to play an important role in the expansion and development of many economies. In the case of Nigeria, the performance of small and medium-sized enterprises (SMEs) has been below expectations because of certain constraints. These constraints range from our environment to our attitude, as well as the instability of the government and the change in policies implemented by the government. Armed with intellectual property rights such as trademarks, patents, and industrial design protection, small and medium-sized enterprises (SMEs) would play a crucial role as the engine of growth, development, and industrialization, as well as the creation of wealth, the elimination of poverty, and new employment opportunities.

CHAPTER ONE

INTRODUCTION

1.1       BACKGROUND OF THE STUDY.

The increase of entrepreneurship and small and medium businesses (SMEs) can be seen all over the globe.

offered efficient ways of increasing employment and raising people’s standards of life to a higher level.

In the majority of developing countries, small and medium-sized businesses are recognized as the primary driver of economic expansion and development.

countries. The contributions made by small and medium-sized enterprises (SMEs) in Nigeria’s industrial sector to the country’s gross domestic product

Its contributions to the Gross Domestic Product (GDP), which are estimated at around 46%, make it the second greatest contributor to the

GDP of countries when the oil industry has been removed.

1 Small and medium-sized enterprises are often regarded as the country of Nigeria’s economic

growth, the reduction of poverty, and the creation of job opportunities; yet, their lackluster success in

In recent years, the issue of job creation has sparked a great deal of academic interest on its associated difficulties.

and future possibilities2

This is in acknowledgement of the significant contribution made by SMEs to the growth and development of the country.

The contribution of intellectual property law to Nigeria’s small and medium enterprise (SME) growth

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NIGERIAN LAND REGISTRY PRACTISE

CHAPITRE ONE

INTRODUCTION

HISTORY OF THE STUDY
This research is founded on the idea of discovering what land registration practises have been and how to enhance them. Land registration was previously difficult due to the migration from one capital to another (in Akwa Ibom).

Lands in rural and certain urban regions are not registered, hence fraudulent practises can arise as a result of the lack of authenticity of lands in these locations.

The dubious practises associated with unregistered instruments arise because such instruments are not registered, and when a buyer of the land comes, such buyer finds it difficult to trace the history of the land and has to go through rigorous practises such as having to trace the ancestors of the vendor and getting confirmation from the village heads, family heads, and family members, and so on. S

uch lands are denoted by trees that cannot provide a valid or authenticated certification that the land belongs to the seller.

STATEMENT OF THE PROBLEM
The problem that this research work will raise is a problem that stems from the registration of land. Land registration in Nigeria is a practise that certifies that a person has acquired a valid title to the lands, but due to the erroneous practises that follow the registration of land.

Land buyers do not have interest in registering their land with the land registry, the tedious practise of The lack of understanding is also a concern with land registry practise; these issues are motivating reasons behind our study.

The problem of land registration in a state like Akwa Ibom State may be traced back to the fact that when files were transferred from the then-existing Cross River State to the newly constituted Akwa Ibom State, files were lost and cannot be properly identified in the land registry.

A critical examination of Nigeria’s critics today indicates that they are presented with a slew of land-related issues arising from the registration, allocation, distribution, and ownership of property. I’d like to learn more about the Land Registration Act of 1994 and conduct research on current land registration challenges in Nigeria.

In this case, the 1994 Registration Act was chosen and its execution was scrutinised. The reason for adopting the 1994 Registration Act was that no other Registration Act has been drafted since the drafting of the present and Registration Act that have been drafted in Nigeria.

In this study, the land Registration policies were the consequence of non-registration, registration principles, the prerequisite of registration land, the compulsion of registration, and the reactions of Nigerian courts towards non-registered instruments.

1.4 AIMS AND OBJECTIVES

Aims Of The Study
The goal of this work is to elucidate the subject of land registration and the reasons why land is or is not registered, as well as to make a small contribution to the registration practise in Nigeria, particularly in Akwa Ibom State.

The study’s goal is to determine if Nigeria’s land registration rules have helped to the advancement of land law.

Objective Of The Study
To research what kinds of land registration practises are used in Nigeria.
to make a contribution to land registration
to investigate realistic methods of land registration
To learn how many people register land with the land registration and what prevents them from doing so.
To learn about the land registry’s techniques for registering land.
To learn more about the legal implications of registering versus not registering, click here.
To learn about the machinery put in place by the government to improve land registration.
To determine the legality of a registered land To identify registration issues in Uyo (Nigeria)
Identifying the various land registration rules produced in Nigeria and selecting one for critical analysis
Identifying the key goals of the Land Registration Policy
RESEARCH METHODOLOGY
This investigation will employ interviews, surveys, library research, and a comparative examination of two locations. These are the approaches that will be taken in this endeavour to contribute to the legal profession.

1.5.1 Statement Of The Problem

The following questions will be addressed by this research:

The efficiency of land registration in Nigeria
The Importance of Land Registration
The procedures involved in land registration
The public’s attitude towards registration.
What are the various land registration acts enacted in Nigeria?
What conditions led to the development of Land Registration in Nigeria?
Is there a parastatal in charge of land registration?
Is registration effectively implemented?
Should the practises of land registration be reviewed?
Is the policy beneficial to land ownership?
1.6 SCOPE OF THE STUDY

This research will be limited to Akwa Ibom and Cross River States due to the size of Nigeria. As a university undergraduate, Nigeria is too large to examine. This effort will be limited to Akwa Ibom and Cross River States, with a focus on Uyo and Cross River, the state capitals.

The two states share a link with each other, and Enugu State was formerly the capital for land registration, but for the purpose of this research work, the concentration and emphasis will be made on Akwa Ibom and Cross River State.

A brief reference will be made to Lagos State; because the practise in Lagos State is more advanced, a brief comparison will be made between Lagos State and the two states.

This research issue is too broad to be addressed nationally, thus the researcher has restricted it to solely Uyo urban. The investigation lasted from 2004 till the present.

All parastatals, such as the State Ministry of Lands and the Local Government Area, were evaluated for land registration implementation.

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