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Political Interference In Economic Policies Is Troubling | Tolu Aderemi

Political Interference In Economic Policies Is Troubling | Tolu Aderemi

by | Aug 14, 2019 | Uncategorized

Tolu Aderemi, Partner in a top commercial firm in Nigeria,  has described President Muhammadu Buhari’s directive to the Central Bank of Nigeria to stop foreign exchange to food importation, as troubling.

The President had, during a visit of the Progressive Governor’s forum, given this directive to the Apex Bank to Discontinue the provision of foreign exchange to food importers. According to the President, Nigeria has attained food sufficiency.
In Aderemi’s opinion, this directive amounts to political interference in economic policies of an Apex bank which is supposed to be independent.
The Legal Practioner further noted that this directive is contrary to the provisions of Section 1(3) of the Central Bank of Nigeria Act, 2007 which states that 
‘ in order to facilitate the achievement of its mandate under this Act, the Bank shall be an independent body in the discharge of its functions’. 
Aderemi further noted that such directive is capable of sending wrong signals to potential investors of the overriding executive influence over the marketplace. This directive is also capable of weakening the CBN institution. On the contrary, Aderemi believes that it is the CBN who should guide the President on month fiscal and monetary policies of government.
At any rate, to come to the conclusion that Nigeria has reached food sufficiency, the Bureau of Statiatics must have provided the President with such information.
In conclusion, Aderemi urges the CBN to make its policies independent of any political influence. Its decisions should be solely based of statistics and best practices.
Examinations – A Law Student’s Nightmare | Fifehan Ogunde

Examinations – A Law Student’s Nightmare | Fifehan Ogunde

by | Aug 12, 2019 | Uncategorized

People spending hours revising and probably praying not to fail.
People trying to memorize statutes, cases, journal articles and other
primary/secondary legal resources in order to get the best grades on an assessment.
The question remains whether such a method is the most effective or relevant in
determining a law student’s capabilities.

This post stems from an observation made in relation to the
University of York Law School. As part of its curriculum, it adopts the Problem
Based Learning (PBL) method of teaching where law students work on a problem as
a group and come for discussions led by a tutor. There have also been
suggestions that the examination systems could be abandoned in the near future
depending on the willingness of the board of education to subscribe to reform
proposals raised by the University. This raises certain questions as to whether
the examination system is still of great relevance in the legal curriculum. I
am examining this issue with respect to professional legal education and in
particular, the Legal Practice Course. The law school curriculum is divided
into five main courses: Civil Litigation, Criminal Litigation, Land Law, Legal
skills and Legal Drafting. At the end of the course, examinations are
undertaken in all courses. There are certain issues with respect to the current
mode of examination that suggest the system is in need of reform:

1.      Examinations
to a large extent operate as a test of memory. They test how much information
is in the head of the individual. Apply this to the litigation courses for
example: The litigation process entails advocacy (including witness
examinations), drafting of pleadings (which includes legal research and
writing) and oral submissions in the courtroom. Aside from the brief oral
submissions made in court during opening and closing arguments, there is very
little need to regurgitate information recorded in human memory under pressure.
A great deal of the information tested in the exam hall is always available and
there is little need to commit it to memory.

2.      Examinations
test the ability to produce under pressure. Apply this to the reality of
litigation: actions are filed, time is given to parties to respond
appropriately. Time is given to prepare statements and arguments. The
examination questions are not known until the day of the examinations. The
pressure in the courtroom is different from the pressure faced in the exam
hall.

3.      Examinations
in the manner currently conducted give less opportunity for developing logical
and methodical approach, considering the limited time available to consider an
approach. The litigation process stretches over a period of time, giving
counsel the opportunity to think, adopt strategies and review adopted
strategies. This is not available in the current examination setting.

4.      Examinations
do not assess the ability to communicate ideas in alternative manners.
Examinations conducted under the Nigerian Law School training course are purely
written. Litigation involves both written and oral communication. The focus of
the Law Training Courses on the written aspect of litigation is well-known.
Aside from moot courts and interactive tutorials, there is little by way of
specific measures targeted at enhancing and assessing the capability of the
prospective litigation lawyer to communicate ideas orally.

What
are we now trying to say? Should examinations be dispensed with? Not at all.
Should the examination system for postgraduate law practice qualification
courses be reformed? Absolutely. The aim of the Nigerian Law School is to equip
lawyers for a career in law practice/teaching. Thus, the assessment system
should be developed in accordance with the requirements of law
practice/teaching. A litigation examination for example should in my view have
both written and oral segments which should be evaluated equally.

Furthermore,
there is no reason why assessed exams should be reserved for a specific day.
The entire programme should be divided into periodic assessments with measures
put in place to systematically examine and develop the skills of the student in
relation to those things that are relevant for litigation. Thus, the overall
grade of the student is determined by the sum of the different assessments.
Analytical reasoning, critical thinking, inquisitorial capacity and concise
expression of ideas are skills normally required for being an excellent
litigation lawyer. These skills are developed systematically over a period of
time and even the most comprehensive and well-rounded legal training course is
insufficient to enhance these abilities in the manner required for a successful
litigation career. Where assessments are undertaken, credit and grading should
be determined in the context of the student’s development over the period of the
course. There are several reasons why a brilliant litigation lawyer may not be
able to perform well in the final examination. However, developing a
skills-centred curriculum and reforming the mode of assessment to suit the
enhancement of these skills will in my view improve the quality of litigation
education at the foundational level and ensure that prospective litigation
lawyers are set in good stead to rebrand the system.

Fifehan Ogunde

Oluwafifehan
Ogunde is an research specialist and consultant with research interests in
human rights law, criminal law and constitutional law. He has a Master’s degree
in Human Rights Law from the University of Nottingham and a Bachelor’s degree
from the University of Sheffield. He is also a barrister and solicitor of the
Federal Republic of Nigeria, having been called to the Nigerian Bar in February
2012.

Expanding your legal practice offshore: An #NBAAGC2019 Session

Expanding your legal practice offshore: An #NBAAGC2019 Session

by | Aug 8, 2019 | Uncategorized



It is now common for lawyers
to migrate from their jurisdiction of practice to an entirely different
jurisdiction. Those jurisdictions could be USA, UK, Canada, Australia and so
on. The legal system in these jurisdiction are slightly, if not totally
different from that of Nigeria depending on the type of legal system being
practiced whether common law or civil law system. Since Law is territorial, it
is required that such foreign trained lawyer undergo examinations and trainings
to be able to practice law in that jurisdiction.

The basic requirements vary
from country to country. In Canada, for example, a foreign trained lawyer is required
to go through various steps before such lawyer would be able to practice law in
Canada. The first step would be getting their experience and educational
evaluated by the NCA. A national uniform standard is applied to each applicant.
Applicants may be required to complete certain exams or law school courses.
Upon completion, a Certificate of Qualification would be issued, then such
applicant must article at a law firm before being called to the bar.

The questions that arises
here is, what are the advantages and obstacles that arises from expanding
Nigeria’s legal practice offshore?

The various questions,
issues and challenges of expanding the legal practice offshore  and the way forward would be discussed at the
Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date:
Wednesday, 29th August 2019

Time:  11.00 – 12.30

Venue:
Pats Ocholonu Hall, Tent 2

Speakers:            

Moderator: Chief Folake
Solanke, SAN

Panelists: 
Fidelis Adewole

                    Sola Oyebolu

                    Osayaba Giwa-Osagie

                       

Family Law Dynamics in the Face of Current Realities of the 21st Century #NBAAGC2019

Family Law Dynamics in the Face of Current Realities of the 21st Century #NBAAGC2019

by | Aug 7, 2019 | Uncategorized

Family
law gives birth to several key issues like divorce, nullity, adoption, custody
of children, cohabitation, spousal rights and so on. Family law in Nigeria is
regulated by several laws which are the Matrimonial Causes Act 1970, now Cap.
M7 LFN 2004, which regulates marriages, breakdown of marriages and the welfare
of children, The Child Rights Act 2003 which has been adopted by several states
and it covers matters related to adoption and welfare of children.
In 2012,
Lagos State enacted the family law rules pursuant to the Child’s Right Law of
Lagos State. The rules simplified procedures on custody, guardianship and
welfare of children. Others include the Maintenance Orders Act 2004, The
Married Women’s Property Act 1882, the Law against Domestic Violence in Lagos
State, Same Sex Marriage (Prohibition) Act 2013.
Family
law is not fully developed in Nigeria in contrast with other jurisdictions as
there are several lapses in our laws pertaining to emerging issues like
surrogacy and pre-nuptial agreement.
Under
the Nigerian Law, the only ground for dissolution of marriage is that the
marriage must have broken down irretrievably. There are several factors under
this provided in Sections 15 and 16 of the MCA. These provisions are fault
based, that is, fault must be alleged and proved by the party seeking
dissolution of marriage. For example, adultery, persistent refusals to
consummate marriage and so on. However, there are situations where the
petitioner need not allege fault. For example, where the parties have lived
apart for a continuous period of two to three years.
In
Nigeria, in some cases, the courts have refused to dissolve parties’ marriage.
This act is alien to the western world where divorce is a norm. This was seen
in the case of Ubi Franklin and Lilian Esoro where the court held that their
reason for divorce was invalid. Should Nigerian Courts refuse parties
willingness to dissolve their marriage?
On
the issue of adoption, the procedure is cumbersome as the adoption process
takes time to complete. The procedures and documents to be submitted is stipulated
in the Child‘s Right Act 2003. Adoption in Nigeria is not so common in contrast
with other jurisdictions and as a result, the process is highly regulated and
less cumbersome. Why should families be required to go through cumbersome
processes to adopt a child?  
Another
controversial issue on family law is on spousal rape. Is it possible for a
husband to rape his wife and vice versa? Are there any laws in place regulating
this?
The various questions, issues
and challenges of family law and the way forward would be discussed at the
Plenary Session of the NBA Annual General Conference scheduled to hold on;
Date:
Tuesday, 27th August 2019
Time:  9.00 – 10.30
Venue:
Iris, Eko Hotel
Speakers:            
Moderator: Hon. Justice
Elsie Thompson
Panelists: 
Kikelomo Ayeye
                    Abdulraman Mohammed
                    Chioma Onyenucheya – Uko
                    Taiwo Akinlami

Preparing the next generation of lawyers: Contents, Training and Practice

Preparing the next generation of lawyers: Contents, Training and Practice

by | Aug 6, 2019 | Uncategorized

The Nigerian Legal System operates
a common law system as opposed to civil law. It is similar to other
Commonwealth countries like Australia, South Africa, Canada and so on. To become
a lawyer in Nigeria, the individual must scale through different hurdles.
The
individual must first complete an undergraduate degree called the LLB in a
Nigerian or Foreign University. The undergraduate curriculum comprises twelve compulsory
core courses which the individual is required to pass. Some of those core
courses include, Nigerian Legal System, Company Law, Constitutional Law, Law of
Evidence, Criminal Law, Law of Torts and so on. The contents of these courses
of study must be approved by the Council of Legal Education.

The next step is to enroll
at the Nigerian Law School Bar Part II programme which is run by the Council of
Legal Education. The Nigerian Law School is responsible for the education and
training of law graduate in vocational knowledge and practical skills. All
courses in the Nigerian Law School are compulsory and students must obtain at
least a pass degree to complete the programme. Some of the courses are Criminal
Litigation, Civil Procedure, Property Law, Corporate Law and Practice and Law
in Practice (Ethics and Skills).

Students are also required
to complete two period of Court and Law firm externship for a duration of three
months in order to gain practical experience of how the legal system works.

There are myriad of problems
faced with the contents, training and practice of lawyers in Nigeria. It must
be noted that what is obtainable in universities and law school is usually very
different from what is obtainable in practice. The curriculum used in training
the present generation of lawyers is very conservative. Attentions are not paid
to emerging areas of law. In contrast with other jurisdictions, faculties of
law have the inherent power to introduce courses that reflects societal changes.
Many of the lecturers stick to note dictating as opposed to projecting lectures.
Although, the Nigerian Law school is changing the manner in which law is taught
through PowerPoint presentations, this could still be improved. There is no
real practice of what is being taught. As a matter of fact, the externship
period is usually a time to prepare and study for the upcoming examinations
which is not supposed to be so. Thus, we are just robots who take in
information and bring them out. A natural consequence of this is that the
average Nigerian law graduate is not globally competitive in an evolving legal
practice.

The various questions that
come to mind are; is the training received at the Nigerian law school
sufficient? How can the Council of Legal Education raise the bar in ensuring
that the next generation of lawyers would be adequately equipped?

The various issues and
challenges of preventing trafficking and the way forward would be discussed at
the Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date: Tuesday,
27th August 2019

Time:  11.00 – 12.30

Venue:
Orchid, Eko Hotel

Speakers:          

Moderator: A.B Mahmoud SAN

Panelists: 
J.U.K Igwe SAN

                    Prof C. Agomo

                    Prof. Isa Chiroma (Director General,
Nigerian Law School)

                    Gloria Ballason

           

Register for the Career Training For Lawyers To Advance Your Legal Career

Register for the Career Training For Lawyers To Advance Your Legal Career

by | Aug 6, 2019 | Uncategorized

For
Lawyers advocacy means representing the interests of the client in the best
manner possible, therefore an advocate must be equipped with a variety of
skills.

We believe this would be an opportunity for you to advance your career and acquire the skills and tools
required for law firm effectiveness and profitability.


 


TRAINING OVERVIEW


Theme: The Art of
Legal Advocacy

MODULES – 

  • Litigation
  • Arbitration
  • Mediation
  • Legal Writing
  • Forensic
    Document Examination 
  • Law Firm
    Marketing & Profitability




MEMBERS OF FACULTY

  1. Mr. Bode
    Olanipekun SAN, Partner, Wole Olanipekun & Co., 

  1. Dr. Abiodun
    Osiyemi; President, Forensic Science Academy

  1. Mr. Fola Alade
    ASCMA (UK); Principal Partner, Fotefa Partners 

  1. Dr. Chinua
    Asuzu, Dean, The Write House; Senior Partner, Assizes Law Firm 

  1. Mrs. Busola
    Ajala  

  1. Mr. Tolu
    Aderemi, Partner, Pearchstone & Graeys       

VENUE –
NECA House, Plot A2, Hakeem Balogun Street, Alausa, Ikeja

DATE – 25th and 26th July, 2019

TIME –
9.00am – 5.00pm Daily

REGISTRATION
Fee per
delegate:
N60,000 – Registration
N40,000 – Early Bird (Ends 5th September, 2019)
 
For registration, contact lawlexisinternational@gmail.com or call 09095635314 or 08055424566.

Mining Law: Emerging Issues #NBAAGC2019

Mining Law: Emerging Issues #NBAAGC2019

by | Aug 5, 2019 | Uncategorized

Nigeria as a nation is
deeply blessed with various mineral resources ranging from precious metals to
various stones, for example, coal, tin, columbite, lead, gold and so on. Many
of these mineral resources are yet to be exploited. Mining in Nigeria is
regulated by the Nigerian Minerals and Mining Act 2007, National Minerals and
Metals Policy 2008 and Nigerian Minerals and Mining Regulations 2011.
Any company whether domestic
or foreign that choose to invest in the Nigerian Mining sector or carry out any
mining activity must get the requisite license or lease before commencing any
activity. The type of mining license or lease depends on the mining activity
the company intends to carry out. There are six types of mining lease or
licenses in Nigeria and they are as follows:
·       
Exploration License – This is the license granted to a company to explore or
search for the required mineral resources in the area covered by the license.
·       
Export permit – It is the permit granted to the company to export mineral
minerals in commercial quantity to outside Nigeria.
·       
Mineral Buying Center License – It is applicable where a company seeks to open
a warehouse to trade in mineral resources.
·       
Purchase License – This is the license to trade in mineral resources
·       
Mining lease – It is the lease granted to any company that intends to start
mining natural resources in commercial quantities in Nigeria.
·       
Small Scale Mining lease -It is the smaller version of a mining lease and
granted for a specified number of years. It can be converted to a mining lease
if it exceeds the scale of production.
There are various challenges
associated with the mining industry in Nigeria. Examples are security problems,
environmental pollution, illegal operation of mining activities, project
funding and so on.
The various questions that
arises are, how is Nigeria tackling the various challenges associated within
the mining industry? How can the mining industry help the country achieve fast
and steady infrastructural development? How can the Nigeria govrnment encourage
both domestic and foreign investors in mineral resources?
The various questions and
challenges of the mining industry in Nigeria and the way forward would be
discussed at the Plenary Session of the NBA Annual General Conference scheduled
to hold on;
Date:
Wednesday, 28th August 2019
Time: 
11.00 – 12.30
Venue:
Iris, Eko Hotel
Speakers:
      
Moderator: Prof. Peter
Akper, SAN, OFR
Panelists:    
Mining Law Committee

Judicial Protection of Economic, Social and Cultural Rights

Judicial Protection of Economic, Social and Cultural Rights

by | Aug 5, 2019 | Uncategorized

The 1999 Constitution of the
Federal Republic of Nigeria created a bifurcation of human rights. On one hand
is the Fundamental Human Rights of every citizen of Nigeria entrenched in
Chapter four of the constitution. On the other hand, the Constitution also made
provision for Economic, Social and Cultural rights (Ecosoc) entrenched in
chapter two of the constitution.
These rights include the
right to employment, housing and shelter, health, food, water, safe environment
and education. (Section 16-20). Ecosoc rights reflect the higher
aspirations of human beings for their quality of life. These are provided in
chapter two of the Constitution and are also called “Fundamental Objectives and
Directive Principles of State Policy”. These rights are non justiciable as
expressly provided under the constitution.(Section 6(6)(c))
However, one of the various
ways these rights can be enforced is to apply the provisions of the African
Charter of Human and People’s Right. Nigeria has since domesticated this treaty
and by virtue of that, these rights are justiciable and enforceable in Nigeria.
Another way these rights can
be made enforceable is through the court. Judicial protection was accorded to
these rights in the case of Archishop Okogie v A. G of Lagos State and
subsequently A.G Ondo v A.G Federation, A.G Lagos v A.G Federation. The
court in these cases held that the Federal and State Government have
legislative powers over some matters spelt out in chapter two and thus have
constitutional powers to make them enforceable. This has been seen to be a good
step in the right direction.
It has been said that where
there is a wrong, there should be a remedy. Such remedy should be made
available where there has been a breach of any of the Ecosoc rights.
The question that easily
comes to mind is, how can Economic, Social and Cultural rights be strengthened
through litigation?
The various issues and
challenges of judicial enforcement of Ecosoc rights in Nigeria and the way
forward would be discussed at the Plenary Session of the NBA Annual General
Conference scheduled to hold on;
Date:
Wednesday, 28th August 2019
Time: 
9.00 – 10.30
Venue:
Pats-Ocholonu Hall, Tent 2
Speakers:
      
Moderator: Osai Ojigho
(Country Director, Amnesty International)
Panelists:   Dr.
Dorcas Odunaike
         
        Eno Akpan
  
Fighting Voter Apathy With Empathy: A Way To #ShapeTheFuture | Adedunmade Onibokun

Fighting Voter Apathy With Empathy: A Way To #ShapeTheFuture | Adedunmade Onibokun

by | Aug 4, 2019 | Uncategorized

Saturday evening was really cool. I had a
good time at the Youth Party event tagged “The Future of Youth Involvement In
Nigeria’s Politics” and as a young Nigerian who is interested in our politics
and growth as a nation, it was nice to listen to the likes of Banky W, Gbadebo
Rhodes Viviour, Mujaheed Salisu Ahmad, Kayode Adegbola and Rinsola Abiola talk about
their experiences during the 2019 general elections. From their passion it was obvious
these young Nigerians from different political platforms had put in their all
to win the elections.


The conversation also highlighted many of the
challenges we face in our electoral system, for instance, panelists shared stories
about threat to life, logistical nightmares, raising funds, getting support and
the voting process which could sometimes be very frustrating. One thing however
stood out, VOTER APATHY and the need to get more young Nigerians involved in
all levels of politics and the electoral process. 


There are a number of reasons
many Nigerians are uninterested in voting process, they include the stressful
process of voter registration and voting in
elections, lack of faith in the process, general lack of confidence in
government and the constant presence of irregularities in the voting process are
amongst the leading reasons people do not participate in the electoral process.
Moreover, having recently participated in election petitions, I know firsthand
the damage these activities have on our national health and psyche as a people.
 

I believe we can solve the problem of voter
apathy with voter empathy and in this post, I will tell you how a political
party can access the huge numbers of eligible voters who never come out to vote
on election day or participate in the election process. One thing is true, Nigerians
have heard it all and I mean that literally, we have had politicians make
campaign promises and out rightly deny making such statements upon getting to
office. We know too well that our elected office holders only speak to the
people during election campaign season and are nowhere to be found after
winning the election.

SO HOW
CAN WE ENCOURAGE NIGERIANS TO PARTICIPATE IN THE ELECTION PROCESS AND RID OUR
PEOPLE OF VOTER APATHY? WE SHOW THE EMPATHY. To show empathy is the ability
to understand and share the feelings of another and in what way can empathizing
help you win the hearts of Nigerians – through COMMUNITY ORGANISING.

Community
organising is the work of bringing people together to take action around their
common concerns and overcome social injustice. Community organisers reach out
and listen, connect and motivate people to build their collective power. When
people are organised, communities get heard and power begins to shift creating
real change for good.

Community organizing will help show that a
party isn’t only concerned with the vote on election day but also concerned
about the things the people find important, such as healthcare, security, economic
opportunities and justice. Young Nigerians have to organize systematically and
strategically to positively influence our political office holders and impact
our communities.

A number of activities which community
organizers can engage in include –

·        
Public
school parents who organize to demand a high-quality education for their
children.

·        
Neighbors
who organize to address potholes in the road and other infrastructure issues.

·        
Peaceful
protest against police brutality

·        
Organizing
members of a community to demand better health care facilities

·        
Organizing
young Nigerians to demand for electoral reforms.  

·        
Residents
of a community coming together to demand security and many others.

By showing voter empathy, we don’t just bore
Nigerians with party manifestos and empty promises which they have all heard
before but you show them the values you believe in and how you are standing by
those values. If you were a Nigerian who saw members of a political party organize
small communities and create change in those communities, won’t you want to
give them the opportunity to do more?

Many individuals and NGOs are already
involved in various forms of community organizing but hardly do we have
political parties engage in such activities. Before people can care about your
party and its manifesto, your party must first show the people that it cares. This is one way we #shapethefuture 

I will also encourage young Nigerians to
employ out of the box thinking in calling the attention of the public and
government agencies/officers to issues which are critical and of immense
importance to members of the public.

On a final note, I will leave with these
words shared by Gbadebo – “You may not be interested in politics but politics is interested in you”.

Adedunmade Onibokun

@Adedunmade is a lawyer and educates Nigerians
on the law via the Nigerian Blawg @Legalnaija
 Photo Credit – @youthparty_ng 

Reviewing Nigeria’s Constitutional Arrangement: A Few Considerations (1) | Fifehan Ogunde

Reviewing Nigeria’s Constitutional Arrangement: A Few Considerations (1) | Fifehan Ogunde

by | Aug 4, 2019 | Uncategorized

Nigeria has a very unique
constitutional arrangement. It incorporates several compromises designed to
suit the multi-ethnic and multi-religious nigerian state. However, we need to
reconsider the current constitution and assess its usefulness to the nigerian
society.

CONSTITUTION
IN CONTEXT
LEGISLATIVE LISTS
Under Sections 4 and 5
of the Constitution, legislative powers are divided between the National
Assembly and the State Houses of Assembly. Matters under the exclusive list are
within the legislative purview of the National Assembly and matters under the
concurrent list can be legislated upon by both the National and State Houses of
Assembly. Matters not contained in either list are regarded as ‘residual
matters’ and any Act passed by the National Assembly in these ‘residual areas’
are inapplicable in states that have not incorporated them into domestic law.
These lists are largely similar to those contained under the 1979 constitution.
Different global, regional and domestic 
developments have necessitated the review of these lists. Some matters
need to be clearly outlined as belonging to either lists e.g human rights and
criminal justice. Other matters may.need to be divided between the federal and
state to ensure excess power is not concentrated in either of the legislative
houses

STATE RELIGION

Section 10 prohibits
the Nigerian Federation or any State from adopting any religion as state
religion. However, criminal legislation of certain states in Northern Nigeria remain
rooted in Islamic law. As a matter of fact, the Sharia Penal Code governs the
conduct of Muslims in about 12 Northern States with the state Penal Code
applicable to non-Muslims. Furthermore, Section 260 and 276 establishes Sharia
Courts of Appeal in the Federal Capital Territory and in states that ‘require
it’. These courts regulate matters relating to Islamic personal and criminal law.
No other religion in Nigeria enjoys such a great deal of constitutional
protection. This position itself violates the spirit of Section 10 and needs to
be reviewed.  The integrity of the
constitution as the Supreme law making instrument in Nigeria also depends to a
large extent on the representation of the constitution as treating all
Nigerians fairly and equally without discrimination on grounds of religious
belief or affiliation. This does not represent the current position of the
Nigerian Constitution.

COURT JURISDICTION

Aside from the
fundamental rights granted to Nigerian citizens under Chapter IV of the
constitution, there are ‘fundamental objectives of government policy’ listed
under Chapter 2 for which the government has a duty to pursue. However Section
6(6c), in granting jurisdiction to the Courts, does not extend the jurisdiction
of the Courts to ‘any
issue or question as to whether any act of omission by any authority or person
or as to whether any law or any judicial decision is in conformity with the
Fundamental Objectives and Directive Principles of State Policy set out in
Chapter II of this Constitution’. Chapter 2 covers the vast majority of
economic and social rights (right to work, right to education, right to health,
environmental rights etc). Under Chapter 2 (Section 17) for instance, the state
is to direct policy towards ensuring that ‘children, young persons and the age
are protected against any exploitation whatsoever, and against moral and
material neglect’. However, Section 6(6c) suggests that the Court’s
jurisdiction under the Constitution is not extended to matters that relate for
instance to actions being taken by the government to prevent children from
hazardous labour. It may even arguably imply that even if the government is
failing in this regard, the Courts do not have jurisdiction to make orders in
this regard against the government. Some scholars have argued that the constitution
can be interpreted otherwise but in any case, there is no reason why the
government of a country that seeks progress in matters relating to economic and
social rights such as the right to education or freedom from the worst forms of
child labour for instance should not be held accountable in this area. There is
no justification in my view for the duties listed under Chapter 2 to remain
mere ‘fundamental objectives of government policy’. They must be incorporated
as fundamental rights under Chapter IV which can be duly enforced in the Courts
without any procedural impediments, particularly such as is related to
jurisdiction.

FUNDAMENTAL RIGHTS

Section 38 of the Constitution
provides for the right of Nigerians to hold opinions and impart information
without interference. However, Section 39 provides that laws which are
‘reasonably justifiable in a democratic society’ may be imposed to regulate
wireless broadcasting, television and cinematography. The question of what may
be ‘reasonably justifiable’ is presumably a question for interpretation by the
Courts. There is however no reason why the constitution cannot contain provisos
as to what may not be ‘reasonably justifiable’. Section 42 deals with
non-discrimination and further to Section 42(1), a person shall not be
subjected either expressly by, or in the practical application of, any law in
force in Nigeria or any executive or administrative action of the government,
to disabilities or restrictions to which other individuals are not subjected.
It must however be noted that the question of discrimination extends to matters
relating to unjustifiable differential treatment of other individuals on these
prohibited grounds. A person may not necessarily be subject to disabilities or
restrictions but can still be a victim of discrimination if others enjoy
privileges not available to the individual in circumstances which cannot be
justified. This is especially evident in matters relating to proprietary rights
under customary law. The definition of discrimination under Chapter IV is also
problematic and in need of review.

GENDER ISSUES

For an individual born outside
Nigeria to apply for citizenship under Section 28, such an individual must be
of Nigerian ancestry (grandparents being Nigeria) or a woman married to a
citizen of Nigeria, irrespective of their ancestry. This excludes non-Nigerian
men who are married to Nigerian citizens. There is no reason why such a
provision should exclude these category of people. Furthermore, Section 29(4)
deems a woman who is married ‘of full age’ for the purpose of renouncing
citizenship. In 2013, protests were held in different parts of the country with
respect to the effect of this provision, particularly in relation to the age of
marriage of women in the country. While Section 29(4) may not validate child
marriage as some scholars or activists opine, it remains a problematic
provisions which in reality serves little positive purpose as it currently
stands.

TO BE CONTINUED

Fifehan
Ogunde

Oluwafifehan
Ogunde is an research specialist and consultant with research interests in
human rights law, criminal law and constitutional law. He has a Master’s degree
in Human Rights Law from the University of Nottingham and a Bachelor’s degree
from the University of Sheffield. He is also a barrister and solicitor of the
Federal Republic of Nigeria, having been called to the Nigerian Bar in February
2012.