Islamic University in Uganda Journal of Comparative Law
Journal covers aspects of comparative and transnational law. The journal accepts articles that treat different aspects of law particularly of comparative and transnational nature.
Faculty of Law , Islamic University in Uganda
EXPLORING THE EFFICACY OF AN ADMINISTRATIVE INSTITUTION WITH ARBITRATION POWERS IN RESOLVING NIGERIA`S OIL POLLUTION DAMAGE COMPENSATION CONUNDRUM
The widespread discontent among Nigeria`s oil-producing communities, leading to persistent unrest and agitation fuelled by inadequate and delayed compensation for oil pollution damage, highlights significant shortcomings in the country`s legal framework for addressing such issues. This study adopts a multi-method research design, incorporating both traditional legal analysis (doctrinal method) and socio-legal research techniques (non-doctrinal method) to investigate the effectiveness of compensation for oil pollution damage in Nigeria. For the doctrinal aspect, the study relies on information which include relevant international laws, conventions and treaties, local legislation, past and extant Nigeria`s Constitution, case law, textbooks, academic publications, law reports, encyclopedias, law dictionaries and newspaper publications. For the non-doctrinal method of legal research, the study uses questionnaire survey as a versatile tool to gather useful and appropriate data/information on the effectiveness of energy industry compensation in some selected oil-producing communities of Bayelsa and Rivers States. The paper, therefore, suggests the development of a legal system of compensation for oil pollution damage that is based on the enactment of comprehensive law for compensation for oil pollution damage and establishment of an independent regulatory institution with powers of arbitration, and its own rules of procedure, that will facilitate prompt, adequate and fair resolution of matters of compensation for oil pollution damage.
WIDESPREAD VIOLATION OF HUMAN RIGHT TO LIFE: AN OVERVIEW OF STRATEGIC PROSECUTORIAL AND INVESTIGATIVE GUIDELINES
Widespread violation of human right to life over the years has plunge the various developing countries into a protracted security dilemma. To enhance socio-economic development in any community, the safety of the indigenes and foreign investors is a paramount factor. Hence, the international treaties and conventions on the rights and security of human beings across the world. Article 6(1) of International Covenant for Civil and Political Rights, 1966, declare that: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” The legislature is obliged to adopt series of strategies to tackle the menace and facilitate efficient criminal justice dispensation. However, it is observed that the crime control system of many developing countries demand strategic restructuring towards efficient investigation and prosecution of offenders, as a large percentage of perpetrators are usually undetected and unpunished. The paper contended that the investigators must respect, protect and uphold the universal concept of human dignity and human rights, and exercise the highest standards of integrity and care in the course of their duties. In this regard, the paper recommended series of rules and strategies that must be considered in the investigatory and prosecution process. Using primary and secondary sources of law including case law and relevant internet materials, the paper reviewed relevant international, judicial and statutory authorities in recommending that investigators and prosecutors must be well-informed and adequately equipped for their tasks.
A COMPARATIVE STUDY OF SHARIA AND SECULAR LAW OF INHERITANCE RIGHTS OF CHILDREN BORN OUT OF WEDLOCK
Inheritance by children born outside marriage is a fairly complex challenge. Against the above backdrop. The paper examines the inheritance rights of children born out of wedlock by comparing secular laws of Uganda and Sharia on succession, bearing in mind the best interests of a child together with the principles of equality and non-discrimination. The major problem investigated in this paper is the existence of the gap in the law of inheritance in Sharia and the lack of clear regulations in the secular laws of Uganda concerning the inheritance of children born out of wedlock. The study revealed that under Sharia, the children born out of wedlock inherit from their mothers but not their fathers, which is totally different from the secular laws of Uganda. The doctrinal legal research methodology was used by analyzing both primary and secondary sources of both Sharia and Secular laws. The study discovers that the secular law also sacrifices and restores normalcy in the society by way of allowing Walad Zina to inherit part of the estate of the deceased father.
TRANSFORMATIVE SOCIAL POLICY: THE CASE OF SOCIAL SECURITY, PROTECTION AND PUBLIC SERVICES
This study examines the transformational impact of social policies on economic growth, social equity, and public welfare by analysing social security, protection mechanisms, and public services. Using a comparative data-driven approach, the study evaluates how welfare investments influence poverty reduction, GDP growth, and public health outcomes. Statistical comparisons between Sweden, Germany, the UK, Nigeria, and India reveal that higher social spending leads to lower poverty rates, improved labour market participation, and better healthcare access. It further investigates the role that social security systems play in reducing poverty and inequality, the significance of social protection measures in protecting vulnerable people, and the contribution that public services make to improving the quality of life and ensuring that everyone has equal access to opportunities. The study used a mixed-methods approach, integrating qualitative and quantitative data, to provide substantial insights into policy effects and public perceptions across distinct socio-demographic categories across different areas. Critical results demonstrate that current policies often inadequately address the specific requirements of disadvantaged people, highlighting gaps in access to healthcare and other services. The research emphasises that transformational social policies may remedy inequities and perhaps enhance health outcomes and public health equality. Findings underscore the need for higher public investment, institutional efficiency, and global cooperation in welfare policy. The consequences are significant, indicating that policymakers have to emphasise the incorporation of social protection frameworks within healthcare systems to enhance inclusion and resilience in public service delivery by advancing the debate on social policy development, promoting a paradigm shift towards comprehensive and equitable strategies that tackle structural inequities, so establishing social policies as essential for attaining sustainable health for everyone. The research provides insights into how social policies may be conceived and executed to maximise their transformational effect by emphasising best practices and lessons learned from diverse national settings.
THE IMPLICATION OF LEGAL ADOPTION OF A CHILD IN RELATION TO TESTAMENTARY POWERS UNDER NIGERIAN LAWS: A DISCOURSE
The concept of testamentary freedom implies that a testator is free to dispose his estate as he wills. This freedom is however curtailed by Customary/Islamic law and other statutory stipulations, to wit, reasonable provisions to dependants, among others. Adoption of a child is permissible under the laws in Nigeria. Upon the handing down of the adoption order by the court, the adopted child is entitled to the rights and privileges as would have a biological child, including the right of succession. This position is further enforced by the Nigerian Constitution which provides that no citizen shall be subjected to any disability or deprivation merely by reason of the circumstances of his/her birth. Therefore, for a will to be valid, it must make provision(s) for such an adopted child or children, and even, by reason of Customary/Islamic law, the child is entitled to certain devises and bequests which must not be withheld from him/her on grounds that he/she is adopted. Thus, adoption confers on a child, all the rights vis-à-vis his adoptive parent(s) as if the child had been born in lawful wedlock, as well as, imposing on the adoptive parent(s) responsibilities equivalent to that of the natural parents of the child. This paper uses doctrinal methodology, by providing background information on adoption, the various forms of adoption and the historical information on the evolution of adoption laws in Nigeria. The authors also discuss the testamentary freedom of a testator, the curtailments of the freedom and the position of an adopted child within the socio-cultural context of Nigeria.
THE IMPACT OF LEGAL PROVISIONS FOR A SUSTAINABLE CIRCULAR ECONOMY
The circular economy, an important and rapidly growing economic field, is a systems-level approach that seeks to reduce resource consumption and waste generation while increasing economic prosperity. It is, however, critical to understand the legal provisions that can support and enable its success. It cuts to the heart of how the law can support and facilitate sustainable development through the circular economy. This paper examines how a circular economy can contribute to sustainable development, by focusing on its environmental, economic, and social impacts. In addition, it evaluates the legal and policy instruments needed to facilitate the transition to a circular economy. The article further examines the legal framework regulating circular economy within the Nigerian context. It explores the role of national and international laws in promoting a circular economy and identifies opportunities for reform. It argues that a holistic approach to the law is necessary to ensure a sustainable and just transition. Through an analysis of case studies and theoretical frameworks, the article finds that the circular economy has the ability to contribute to sustainable development, but significant policy changes are needed to realize this. By addressing these challenges, the circular economy can play a significant role while the law serves as a catalyst.
THE LEGAL FRAMEWORKS FOR THE TAXATION OF A LIMITED LIABILITY COMPANY IN NIGERIA: A TRIPATITE TAX RATE REGIME
In Nigeria, there are various business organisations that one can venture into for the purposes of trading and benevolent activities. Basically, all limited liability companies are liable to Companies income tax (CIT). While the Companies Income Tax Act (CITA) 2007 provides for a single tax rate regime of 30 per cent, the Finance Acts 2019 to 2023 make provision for a tripartite tax rate regime with additional provisions to other elements necessary for the determination of tax liability of a limited liability company. This paper seeks to examine the legal frameworks set up for the taxation of limited liability companies in Nigeria as provided for under the new tripartite tax rate regime. In the course of doing this, doctrinal research methodology is adopted. The paper found out that, prior the enactment of the Finance Acts 2019 to 2023, Nigeria had a uniform company income tax rate, imposed on limited liability companies under CITA 2007. However, the Finance Act 2019 creates a tripartite CIT rate. In addition, the paper noted that prior the imposition of tax on the profit of a limited liability company, certain deductions are made from its gross profits in accordance with the provisions of the law, in order to arrive at the assessable profit of the company. Also, the paper noted that there are some companies that are liable to CIT, but pay no tax at all, or pay as low as 0.25 per cent while some profits and incomes are not liable to tax at all. The paper makes recommendations with the conclusion that, the tripartite CIT tax regime created under the Finance Acts is a welcome idea which will probably lessen tax evasion and increment of Government’s revenues and will aid the growth of companies and invariably aid the growth of Nigeria economy.
DOUBLE PATERNITY DILEMMA: RESOLVING LEGAL COMPLEXITIES IN HETEROPATERNAL SUPERFECUNDATION CASES UNDER ISLAMIC LAW
This article delves into the legal ambiguity surrounding heteropaternal superfecundation cases, a phenomenon where twins are conceived with different biological fathers. It reassesses the legal standpoint presented by classical jurists concerning the impossibility of double paternity. This belief led them to suggest legal consequences for a husband denying one of the twins. The article adopts doctrinal research methodology. It finds that the strict application of classical rulings on the subject matter may lead to a miscarriage of justice. This is because the punishment advocated by early jurists was rooted in the cause or rationale of the impossibility of double paternity. The article concludes that Islamic law highly discourages paternity denial and, therefore, recommends that resorting to imprecation/li’ān is the preferred opinion when one of the twins is denied.
CONCEPT AND MODES OF ACQUISITION OF NON-VALUABLE PROPERTY IN ISLAMIC LAW OF INHERITANCE
The discussion of non-valuable property in Islamic law cannot be over-emphasised since acquisition of property must be based on lawfulness and unlawfulness of such property. It is on the basis of this, that this paper aimed at assessing the concept and modes of acquisition of non- valuable property in Islamic law with the objectives of identifying the non-valuable property, examining the concept of non-valuable property in Islamic law and appraised the legality of acquisition of non-valuable property by Muslims. The paper adopts the doctrinal method of legal research. The doctrinal method comprises in-depth content analysis of primary and secondary sources of legal information. The primary sources include the Qur’an and Hadith while the secondary sources include textbooks, journals, newspaper reports and internet materials. The paper traces the background implementation of Islamic law principles on the modes of acquisition of non-valuable property and its consequences on the person who acquired it and the society in general. It discloses that non-valuable property is not property in Islamic Law. It concludes that only lawful and valuable property is suitable to be acquired by Muslims in all circumstances. The paper recommends that Muslims should be steadfast in distinguishing between valuable and non- valuable property in Islamic Law as only valuable property in their estate can be inherited by their heirs.
COMPARATIVE APPRAISAL OF OFFENCE CLASSIFICATIONS AND STANDARD OF PROOF UNDER NIGERIAN CRIMINAL LAW AND SHARI’AH JURISPRUDENCE
Involvement in crimes has become universal phenomenon. The need to have legal instruments for deterring people from crimes becomes a necessity. The law thus continues to play its role of social control vide criminal justice administration. The familiar legal regime of crime control in Nigeria is the Nigerian criminal law. However, there is little exposition to the Shari’ah criminal jurisprudence since very few States have taste of it. Most legal practitioners versed in the law, practices and procedures of Nigerian criminal law usually mixed up them up with that Shari’ah criminal law and procedures. To address this problem, this paper discusses the topical issues of classification of offences and the standard required for proof of crimes in criminal cases by comparative appraisal of the Nigerian criminal law and Shari’ah criminal procedures. Vide reliance on the legal research doctrinal method, this paper comparatively appraises the classification of offences and the standard required for proof of crimes in criminal cases under the Nigerian criminal law as well as Shari’ah criminal jurisprudence. The paper thus orchestrates the areas of similarities and dissimilarities between the Nigerian criminal law and Shari’ah criminal procedures with respect to the areas of offence classification and the standard required for proof of crimes in criminal cases. This paper recommends shifting of interest to Shari’ah criminal jurisprudence for mastery of the legal system.
STRENGTHENING CROSS-BORDER LEGAL FRAMEWORKS: COLLABORATIVE APPROACHES TO ENHANCING SECURITY AND ADDRESSING HUMANITARIAN CHALLENGES IN NORTH-EAST NIGERIA
The North-East region of Nigeria has been plagued by persistent security threats, including insurgency, terrorism, and cross-border criminal activities, which have exacerbated humanitarian crises and undermined regional stability. This paper examines the critical need for enhanced cross-border legal frameworks to effectively address these challenges. By analyzing existing legal and regulatory mechanisms within Nigeria and its neighboring countries, the paper fund significant gaps and proposes strategies for fostering international collaboration. The paper explores the role of legal frameworks in facilitating joint security operations, improving intelligence sharing, and ensuring the protection of human rights in conflict zones. It highlights successful case studies of cross-border legal cooperation in other regions and applies these lessons to the North-East Nigerian context. Furthermore, the paper addresses the humanitarian impact of security issues, including displacement, access to healthcare, and the protection of vulnerable populations. In-terms of methodology this paper adopts a doctrinal approach. The paper recommends for a multi-faceted approach that includes harmonizing legal standards, establishing robust mechanisms for cross-border coordination, and promoting joint research initiatives. By proposing actionable policy recommendations, the paper aims to provide a comprehensive framework for enhancing security and humanitarian response efforts in the North-East of Nigeria through strengthened international legal collaboration. This analysis contributes to the broader discourse on improving regional security and humanitarian outcomes, emphasizing the importance of united research efforts and collaborative legal strategies in addressing complex cross-border challenges.
AN APPRAISAL OF THE LOCAL CONTENT REQUIREMENT IN THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY
The Nigerian Electricity Sector is an emerging area of law. This is not necessarily because this area of law is novel but because of the increased attention given to this area by the Government through increased legislation and regulations. The new Regulations, reminiscent of the Federal Government’s intentions to privatise the sector have started edging towards such regulations as embedded and captive energy. As a result of the tilt towards privatisation, there is also the need for Regulations to promote local content in Nigeria’s Electricity Sector. It is the aim of this paper to appraise the legal framework for the human capital development in the Nigerian Electricity Supply Industry. In so doing, this paper will make use of the doctrinal approach. This Paper makes use of Sources of Laws (that is, legislations and case laws) as well as Secondary Sources of Laws (that is Articles and Presentations). The article recommends that beyond the enacting local content in the Nigerian Electricity Supply, there should be enforcement and supervision of the licensees by the Nigerian Electricity Regulatory Commission (NERC).
ADMISSIBILITY OF DNA AS A PROOF OF PATERNITY UNDER ISLAMIC LAW AND NIGERIAN LAW
This paper examined admissibility of DNA as a proof of paternity under Islamic law and Nigerian law. In order to achieve the aim and objectives of this research, the meaning of paternity, DNA and its nature were briefly discussed. The paper adopted a doctrinal method of research by conducting an in-depth analysis of primary and secondary sources of legal research. It specifically analysed some provisions of Nigeria Child’s Rights Act, 2003 and Child’s Rights Law of Lagos State of Nigeria, 2015 relating to the topic. The paper discussed the role of DNA testing in paternity determination and challenges that surround its use. It also examined various arguments advanced by scholars and legal experts to support or oppose the use of DNA testing for paternity verification. The paper found that DNA is a proof of paternity under Nigerian law. The writer’s major finding is that DNA is not sufficient or conclusive legal proof to establish paternity of a child in Islamic law, rather, it can only be supplementary evidence which must be corroborated by other proofs. The paper recommended that Islamic scholars, jurists and religious authorities should engage in continuous dialogue and debates on the topic in the light of advancement in technology and changing social norms.
ADDRESSING VICTIM'S IDENTIFICATION IN AHMAD ALFAQI AL MAHDI REPARATIONS ORDER: LESSONS FROM INTERNATIONAL CRIMINAL COURT
Abstract The trial, convictions and sentences of Ahmad Alfaqi Al Mahdi by International Criminal Court (ICC) on lone offence of destructions of mosque in Timbuktu Mali, in 2012 generated a novel and evolving criminal jurisprudence on the protection of cultural properties. The paper revealed that this marked the first time war crime of this nature constitutes principal issue against a perpetrator before the ICC. It was further revealed that this was the first time an Islamist armed group faced war crime charges before the Court. The plea of guilt by Ahmad Mahdi on August 22, 2016 along with the consequential nine years sentences snowballed into a good signal for efficient, expeditious and timeous prosecution of war crimes. The paper argued that the reparations order awarded in favour of Mali as a Nation, the World Community, Timbktu Community, and several individuals of close affinity with the protected sacred buildings as well as the symbolic Euro awards remained notable improvements in the reparation’s regime of ICC. Advancing on the above arguments. The paper adopts doctrinal research method in its analysis by identifying victims who are entitled to reparations in the war crime of destruction of cultural heritage artefacts known to be new and worrisome in international criminal law jurisprudence. The paper concludes with recommendations that the omissions of unborn generations and discriminatory practices against female gender in Mali have adverse effects on the growth of ICL reparations processes. Ultimately, the paper made recommendations that would enhance the reparations regime of the ICC in respect of crimes of attacks on global historic and cultural vestiges.
ACHIEVING GLOBAL SUSTAINABLE ECONOMIC DEVELOPMENT THROUGH MUDARABAH PRODUCTS OF ISLAMIC BANKING AND FINANCE INSTITUTIONS
The best way to acquire wealth and strive for material improvement is through Mudarabah products as one of the Islamic lawful business means. This paper aims to observe the development of Mudarabah products, contract and practice under the Islamic banking institutions. It focuses to re-direct the man’s attention towards useful ethical principles of Shariah on business transactions. The paper stresses that Mudarabah products of Islamic banking institutions is a financial intermediate that brings together the providers of capital with the users of the capital in accordance with the principles of Islamic law. Islamic banks are very unique therefore, their activities are regulated by concepts of Shariah. It further explains the system used by Islamic banks in generating liquidity which they use to perform their investment processes through Mudarabah contract which is a profit sharing and loss bearing contract. The paper presents literature on Mudarabah as the products of Islamic banking and finance institutions. The study contributes in uphold integrity among the rabul maal and amil in order to strengthen Mudarabah contract of Islamic banks. The study discovers that with Mudarabah contract, Islamic banks are able to provide necessary financing to support building successful individual and corporate customers, which are the engine of growth and development in many developing and developed countries. It is also sacrifice needed to reduce poverty, restore normalcy in the society and prepare the people for the challenges ahead.
Copyright (c) 2024 Islamic University in Uganda Journal of Comparative Law
DERIVATIVES OF MODERN REPRODUCTIVE TECHNOLOGY AND THE SHARIAH: SYNTHESIS OR ANTITHESIS
Shariah (Islamic law) is a living law. Although its tenets and rules have for long been established and perfected, its applicability to realities of modern times in all spheres of human endeavor is not in contest. One of these vast modern areas is the complexity attached to the technology of human reproductive system where a man or woman remains infertile after lawful marriage. In a bid to proffer cure for such infertility, which is plaguing a number of couples, medics have discovered and introduced a manifold of devices such as artificial insemination, surrogacy and gamete intra fallopian transfer (GIFT) among others. A convenient phrase which is constitutive of all these methods is Assisted Reproductive Technology (ART). The paper examines the position of Islam on the permissibility or otherwise of each of the new reproductive technologies. The inherent benefit in this is to afford a practicing Muslim, bedeviled by the problem of infertility, an opportunity to identify the particular one(s) to opt for in the list of the ART methods.
Copyright (c) 2022 Islamic University in Uganda Journal of Comparative Law
NIGERIA FIGHT AGAINST FINANCIAL CRIMES: A CRTICAL EXAMINATION OF ITS SUCCESSES AND PITFALLS IN THE RESTORATION OF VICTIMS OF CRIME
Financial crime is a global phenomenon that challenges the economy of sovereign nations. As a trans-border crime, it is often one of the most difficult crime to investigate and prosecute. This is because perpetrators device different approaches on regular basis to circumvent the security architecture of any nation. Victims of crime sustain humongous loss to financial criminals which in consequence significantly affects their livelihood. This paper therefore seeks to examine the Nigeria approach to fighting this crime with the view to how victims are treated after the trial and conviction of financial criminals. The paper adopted doctrinal approach to answer the lone question of how victims are treated after the conviction of financial criminals. The research discovers that victims are not reckoned with by most of the applicable laws to fighting financial crimes in Nigeria. The paper therefore recommends a comprehensive review of these legislation to carry on board order for restitution to victims of financial crime after the trial and conviction of the offenders.
AN OVERVIEW OF THE ROLE OF LAW CLINICS IN ACCESS TO JUSTICE IN UGANDA
According to International and Ugandan laws, everyone is entitled to a fair trial. However, many Ugandans still molder in prison and others have failed to access justice due to a number of reasons among which is having limited resources to access legal services. This state of affairs hinders exercise of right to justice as enshrined in the Ugandan Constitution thus creating mistrust and misconceptions about the justice system. Research shows that a key mechanism in tackling this problem is the introduction of legal aid clinics within the paradigm of higher level of education system (vide the creation of University Based Legal Clinics). Devotion of time by law students and their tutors in ensuring that clinical legal education is implemented at its best will enhance the access to justice as legal practitioners and trainees will be available to provide pro bono or free services to the poor and vulnerable people. Uganda has a few standing regulations related to Legal Aid as the country awaits the National Legal Aid Bill to come into effect. This means that few lawyers feel obliged to provide legal assistance in one way or the other. University based legal clinics will stimulate the legal skills of law students from various Universities as they will have an opportunity to assist and also deal with real life cases with real clients. This legal aid system will play a vital role when working along with the judiciary and other stakeholders to improve on the overall quality of professional education, while extending their legal services to the indigent people. The objective of this paper, against the above background, is to examine the role of law clinics in accessing justice in Uganda
WHY THE DRAFTSMAN MUST TAKE PARTICULAR CARE WHEN DRAFTING THE PARTIES' COMMITMENT TO REFER THEIR DISPUTES TO MEDIATION: AN APPRAISAL OF ENGLISH CASE LAW'S.
The paper sought to consider why mediation as an Alternative Dispute Resolution Mechanism is employed between business parties. Why it is imperative for the draftsman to capture the intention of parties to use mediation while drafting the parties' commitment to the contract. We shall be using English case law's, requirements, and recommended approach, when exploring or looking at the parties’ position and multiple interests as considered before, at the outset, during, or the end of mediation, as the importance of having the Agreement in writing cannot be over emphasised, as the powers exercised by the Mediators are generally subject to the wordings of the Arbitration Agreement.
ANALYSIS OF ADR IN CHAMPIONING ECONOMIC GROWTH, ACCESS TO JUSTICE AND HUMAN IN UGANDA (EAST AFRICA).
The Courts in Uganda are set on the colonial system of adversarial approach. The courts in Uganda experience backlog of cases,2 that hinder access to justice.3 Many researchers have found that there is no access to justice due to the fact cases take too long to be delivered by Courts.4 The former Chief Justice Justice RT Hon. Bart Katurabe in his farewell speech requested the government to increase on the number of judges5 to reduce backlog of cases. Todays‟ business industry, are becoming more complex and need more capital for investment. The business environment is more scared of a country where delivery of judgments takes decades. The Commercial transactions play a vital role in generating revenue to the state. commercial disputes arise which require quick resolution to forestall the disruption of business relationships. The problem associated with litigation provide a lacuna that can only be filled with ADR, The failure to solve disputes in a society can spiral violence due to lack of effective judicial system that can provide a credible and timely process for solving disputes. 6 Alternative Dispute Resolution (ADR) techniques can strengthen dispute settlement and bridge the gap between formal legal system and traditional modes of justice. ADR helps in stabilization of the economy, state building efforts and human rights, especially when judicial institutions fail to promote justice to all. In Uganda backlogged courts often require claimants to wait for years, without getting justice in courts. Many have a view that its impossible to get justice in Courts, which may ignite the potential violence group to cause instability.
THE AUTONOMY OF LETTERS OF CREDIT PRINCIPLE: HOW ABSOLUTE OR SACROSANCT?
International trade involves business transactions which transcend boundaries of countries. Parties are often a great distance apart and most often may prefer a more secure mode of payment for the goods which are the subject of their sale contract. The letter of credit offers a more secure payment option where a financial institution stands in place of the buyer to effect payment for the goods, on presentation of documents which conform to the stipulations in the letter of credit. A key feature of the letter of credit is its documentary nature- the banks are only concerned with the set of documents presented to it for payment and not the performance of the contract of sale. Once conforming documents are presented, the bank is entitled and obligated to pay and must not concern its self with the underlying contract. This is the autonomy or independence principle of letters of credit and it is considered sacrosanct. This article considers the extent of the sacrosanctity of letters of credit. It finds that this principle, as with all general rules, have limits of operation. In an event of an occurrence of an established limiting factor- fraud and illegality- the independence of the letter of credit is set aside and the underlying contract is examined to determine whether payment is to be made under the credit.
FACTORS RESPONSIBLE FOR GLOBAL OIL PRICE AND ITS POLICY IMPLICATIONS
This paper qualitatively reviews the determinants of oil price volatility. The main aim is to examine the fundamental factors that influence oil price change. The unprecedented increase in oil prices after covid 19 pandemic has renewed the debate over who are the real culprits responsible for this upward movement. These factors have been established through a literature review relying on a constructivist theory. The study identified the factors to include, demand and supply, that the growth for oil in international markets of the United States and China are linked to oil price behavior; OPEC behavior, the financial markets behavior, speculation, and conflict. These oil price determinants were found to vary with time. By implication, they can be conducive to increasing oil prices, particularly in the short run, although they are not taken to be reciprocally restricted but complement one another or take turns in sequential succession.
APPRAISING THE POWERS OF THE PRESIDENT TO RESTRICT THE MOVEMENT AND ASSEMBLY OF PEOPLE AS A MEANS OF CURBING THE SPREAD OF COVID-19 PANDEMIC IN NIGERIA
The order of restriction of movement of people resident in the Federal Capital Territory (FCT), Abuja, Lagos and Ogun States, as part of the measures designed to curb the spread of the novel coronavirus pandemic, contained in a nationwide broadcast by President Muhammadu Buhari on 29 March 2020 has attracted criticisms from some human rights lawyers and activists who contend that the action is illegal and unconstitutional. This article appraised the legal basis for the presidential directive with a view to determining whether it is valid in law. The study adopted the doctrinal research methodology and relied on the provisions of the relevant laws such as, the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Quarantine Act, African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights. The study reveals that having regard to the powers vested in the President under section 4 of the Quarantine Act, the order shutting down the affected areas for the initial period of 14 days is valid under both municipal and international law. It further reveals, however, that the Quarantine Act relied upon by the President may not, from the naturalist perspective, measure up to the requirement of the derogation clause (section 45) of the Constitution. For this reason, the study recommends an amendment of the Act in a way that the powers to order a lockdown of an affected area will be made subject to the provision of sufficient palliatives to the affected citizens to mitigate the pains of such an action.
AN ANALYSIS OF CHILD’S RIGHTS UNDER ISLAMIC LAW OF INHERITANCE: AN EPITOME OF GENDER BALANCE, EQUITY AND JUSTICE IN NIGERIA
This paper analysis the rights of children under the Islamic law of Inheritance as a template for achieving gender balance, equity and justice in Nigeria. Issues of gender inequality, child exploitation and social injustice characterized the native customs in Nigeria, hence, the ceaseless clamour and struggle by civil society organisation, international organisations and government for a holistic overhauling and radical reforms through the instrumentality of legislations. However, Islamic law of Inheritance for over centuries has convincingly proffers a trusted platform to attaining justice and equity in the society. Unfortunately, sophisticated controversies which are orchestrated by antagonist have been attributed to Islamic law of Inheritance due to wide misconceptions, lack of proper understanding and unabated envy. An objective evaluation of Islamic law of inheritance revealed a classic and distinctive legal framework capable of restoring the desired objectives in a sane society. Contrary to the misjudgement from some quarters that Islamic law of Inheritance is gender bias, it has apparently epitomized justice, equity and gender balance. Meanwhile, it was observed that the disparity in Islamic and western perception on the one hand and the inadvertent mixture of Islam and cultural values on the other hand are largely responsible for the widespread misconceptions. This paper is analytical and based on the survey of relevant available literatures and statutes. This paper thus asserts that the prevailing misconception that has inundated revulsion for Islamic law of inheritance can be dislodged through objective exploration and understanding of basic concepts. This paper finally recommends Islamic law of inheritance as a template for the realisation of social justice, gender equity and justice amongst children.
COMPARATIVE STUDY OF IMPACT OF ENGLISH RECEIVED LAW ON ISLAMIC BANKING INSTITUTIONS IN MALAYSIA AND NIGERIA
The British introduced the common law into their colonies and greatly dominated the legal systems of the colonies and left marks that have persisted in the post-colonial period. However, Malaysia has able to maintain its cultural value and the Shariah not to be influence with the colonial master incorporated culture and law, while it is quite different when compared it with what is happened in Nigeria. The paper examines the reaction to the effects of British colonialism and the common law on the judicial machinery for the administration of Islamic banking law and finance in post- colonial Muslim-majority particular reference to Malaysia and Nigeria. The paper discusses on the impact of the common law on the structure of Islamic banking legal frameworks in the two jurisdictions. It is also stresses in the paper that through effort of Malaysian government, the Malaysian Muslim scholars have attempted to resolve some basic and operational issues in order to make Islamic banking products operation more viable and acceptable by Shariah, the government separates the legal framework guiding Islamic banking and finance from those existing conventional legislations. As a result, there are comprehensive legislations for Islamic banking and financial institutions in Malaysia when compared them with what is happened in Nigeria are like chalk and cheese.
IJTIHAD AS A LEGAL TOOL: THE 21ST CENTURY QUESTIONS
The first step toward opening the door of ijtihad should be the liberation of religious establishments from the influence of political regimes. Old interpretations no longer provide suitable answers to the difficult questions facing the Muslim world. Many Muslims believe that they must choose between Islam and modernity, or Islam and democracy. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the Sunnah are limited. This paper explored the need for the revival of Ijtihad to address pertinent contemporary questions. It is the understanding of the author that the prevalence of plethora of emerging issues cannot be left unaddressed and therefore refuted the idea of closure of the doors of Ijtihad.
DOPING IN SPORTS; DIPLOMACY OR DUPLICITY?
The Rio Olympics (2016) ended with USA leading the medal table. against, realities on the loose position of the international community on the use and abuse of drugs by the athletes came to the front burner. Good enough one would say the near total ban on Russian athletes and the Paralympics of Russia was welcoming and strong indicator to other nations. However, beside the ban, what other punishment is placed on drug offenders in sport? Drug abuse is considered an unacceptable societal menace and virtually all countries have passed various legislations prescribing punishments for offenders and culprits alike. Yet the use or abuse of drugs by the sportsmen and women seems to provide unwritten exception to the rules. This paper hence seeks to examine the attitude of the world athletes’ bodies and international community on the treatment of drug offenders whether locally or internationally. This paper shall consider the legal frame work (if any) in African jurisprudence in relation to doping and other sports related offences however inquisitorial and seeks to awaken the legal community’s consciousness to the double standard position of the international community on the treatment of drug offenders. It recommends the domestication of these doping laws into our local legislations in order to have a standard legislation.
PUBLIC WATER AND WASTE MANAGEMENT IN UGANDA: THE LEGAL FRAMEWORK, OBSTACLES AND CHALLENGES
Access to public services in developing countries is always inefficient and resistant to reform. Despite substantial investments in public water and waste management in Uganda, coverage and service levels have failed to improve as expected due to sluggish progress. Whereas there may be substantial legal framework in place, there are challenges and obstacles which affect adequate access to these services. Only 32 % of Ugandans have access to safe water supply, while only 19 % have access to basic sanitation. This is partly attributed to lack of enforcement and weak punitive measures in the relevant legal framework. Other challenges include, poor management, corruption, politicization and lack of the requisite political will, rapid population growth, poor infrastructure, lack of technical capacity, and poor financing. The government has devised among others private takeover of some public services by profit maximising companies which in turn alienates the poor from accessing them. Therefore, this desk review suggests the way forward towards a sustainable public water and waste management.
WAR IN CITIES: EMERGING CHALLENGES FOR INTERNATIONAL HUMANITARIAN LAW
This article reviews the conduct of hostilities in urban areas and the challenges it poses to international humanitarian law. Humanitarian law insulates civilians and civilian objects from the dangers of warfare, except for collateral damage. Armed conflict is regulated by fundamental principles such as distinction, proportionality and precaution, which are difficult to respect when warfare is urbanized. The consequence is the breach of protection for civilians and civilian objects: the loss of millions of civilian lives, destruction of homes, hospitals, schools, and other critical civilian infrastructure. The article argues that the conduct of warfare in urban settings weaken the protections available to civilians