Supreme Court rules for web designer who refused to work on same-sex To learn more, view ourPrivacy Policy. It advocates good governance and a participatory approach to constitutional review as the foundations for strong constitutionalism in Nigeria. At the heart of these crises are weak democratic institutions, which are sustained by bad leadership and a culture of impunity. June 30, 2023. The period (1966-1979) and (1983-1999) also highlighted militarys intervention in politics and administration of Nigerian State, though an aberration, but regarded in some quarters as patriotic impetus or nationalistic aspiration to save the institution of the State and stabilize political culture from derailing. The paper recommends that government and the oil and gas industries revisit the existing policies to in-cooperate compensation for damages due to oil spills, or enact a separate law specifically for damages from oil spillages. The study, therefore, recommended the need for stiffer punishment for all corrupt public officers among others. About Us Home Country Commercial Guides Nigeria - Political Environment Nigeria - Country Commercial Guide Twitter LinkedIn Email Political Environment Links to the State Department's website for background on the country's political environment Last published date: 2023-06-06 To browse Academia.edu and the wider internet faster and more securely, please take a few seconds toupgrade your browser. It assesses the available academic research on law enforcement governance, and contrasts it with an in-depth case study of drug law enforcement. This paper critically examines the interplay between politics and law in the post colonial state of Nigeria. The study investigated the legislature's important responsibility and process of domesticating international laws, instruments and protocols for promoting good governance in Nigeria. Nkem Amadike CCT, CCB, NJC & Presidency: Untangling a Confused Relationship Dynamics. /d per day. Peace keeping is a peaceful third party intervention which operates with a set of guiding principles that include the consent of the parties to the conflict, impartiality and the non use of force except in self-defense. PDF Educational policies and problems of implementation in Nigeria (PDF) Law and the Politics of Impeachment in Nigeria: Interrogating the More so, the resources expended on peacekeeping operations by Nigeria are at the expense of the country's domestic imperatives welfare of citizens and infrastructural development. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. There are good reasons why the Federal Republic of Nigeria has attracted substantial attention. ), Constitutionalism, Constitution Making and Constitutional Reform in Africa: Contemporary Perspectives from Sub-Saharan Africa, Law and Religion in Africa: Comparative Practices, Experiences, and Prospects, M. Christian Green, guest editor, Symposium Issue, African Human Rights Law Journal 14:1 (May 2014), CONSTITUTIONS, GOOD GOVERNANCE AND CORRUPTION: CHALLENGES AND PROSPECTS FOR NIGERIA, Law and Politics in Nigeria: The Political Functioning of the Judiciary in Colonial Nigeria, 1940 1960, POL 124 MAIN CONTENT Mar 21, 2011 NEW (1), ELECTIONS AND THE MANAGEMENT OF DIVERSITY IN NIGERIA, High Court of Australia annual lecture AS DELIVERED Wednesday 11 October 2017.docx, The theory and practice of criminal justice in Africa, The Shari'ah Conundrum in Nigeria and the Zamfara Model: The Role of Nigerian Muslim Youth in the Historical Context, A Comparative Study of the Nature of Judicial Power and Justiciability Theory in Constitutional Democracies, DEMOCRATIC INSTITUTIONS IN SOME MUSLIM MAJORITY STATES AND THEIR ROLE IN SHARI'AH IMPLEMENTATION: A CASE STUDY, The Foundations and Future of Law, Religion, and Human Rights in Africa, Johan D. van der Vyver and M. Christian Green, guest editors, Symposium Issue, African Human Rights Law Journal, 8(2) (2008), State Responsiveness to Public Security Needs: The Politics of Public Security Decision-Making - Nigeria Country Study, NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF ARTS AND SOCIAL SCIENCES COURSE CODE: CSS131 COURSE TITLE: INTRODUCTION TO POLITICAL SCIENCE, Legislative oversight in Nigeria; The 7th National Assembly. Regrettably, this system is founded on a militarily-conceived constitution lacking a fully enforceable bill of rights and clear governmental functions. Despite how popular the concept of environmental sustainability has become in developing countries, environmental pollution control measures have not successfully protected the environment. However, these commendable efforts have not translated to reduction in money laundering activities, since those making these laws have been allegedly involved in this heinous act. "Law, religion and human rights in Africa: introduction: focus: the foundations and future of law, religion and human rights in Africa," with Johan D. van der Vyver, 8:2 African Human Rights Law Journal (2008): 337-56. COURSE TITLE: PUBLIC ADMINISTRATION IN NIGERIA COURSE CODE: POL 320 GROUP MEMBERS, Law and Politics in Nigeria: The Political Functioning of the Judiciary in Colonial Nigeria, 1940 1960, Politics, Power. One of the ways by which we do is the creation of laws (whether written or not) which bind our subsequent actions. (PDF) A Conceptual Analysis of the Rule of Law in Nigeria - ResearchGate The Upsurge of Oil Theft and Illegal Bunkering in the Niger Delta Region of Nigeria: Is There a Way Out? The Role of Nigeria in Peacekeeping Operations from 1960 to 2013, Foreign Megastores and the Nigerian Economy; A Study of Shoprite, History and Development of Industrial Relations In Nigeria: Hybridity of Western Models Versus Military Interventionism Culture, The Psychological Trauma on Boko Haram Victims in Nigeria: Conflict Resolution Perspective, The Ruqyah Syar'iyyah Spiritual Method As An Alternative For Depression Treatment, Three-Tier Federative Structure and Local Government Autonomy in Brazil and Nigeria, The Social Problem of Kidnapping and its Implications on the Socio-Economic Development of Nigeria: A Study of Uyo Metropolis, The Medicalization of Ethnicity in Vietnamese-American Women, Treacherous Masculunities and Assertive Femininities: An interrogation of Sindiwe Magona's Beauty's Gift, Adapting Colonial Legacy to Modernism Rail Transport Development in Nigeria, Adapting Colonial Legacy to Modernism: A Focus on Rail Transport Development in Nigeria, The Relationship between Politics and Law in Post Colonial Nigeria, Recognizing Invisible Structural Violence on Juveniles: A Case of Pakistan, Modernisation, Urban Renewal and the Social Cost of Development, Policies and Practices of Child Adoption in Nigeria: A Review Paper, The Freedom of Choice: a snob or a gentleman? The inadequacies in the major laws within the sector and proffer suggestions for a stronger legal framework. Some recommendations that will uplift the law and practice of separated powers in Nigeria were made. The law prescribes offenses and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. You can download the paper by clicking the button above. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. H 0 There is no relationship between democracy and political violence in Nigeria since the start of multi-party politics in 1999. Oyelowo Oyewo & Edefe Ojomo, International journal of research and innovation in social science, "The dawn of constitutionalism in Nigeria in Mbondenyi, M. K., and Ojienda T. GLOBAL ENVIRONMENTAL POLITICS AND ENVIRONMENTAL LAW IN NIGERIA Chukwudi Victor Odoeme 2019, NILE UNIVERSITY LAW JOURNAL The international community has excelled in setting robust environmental standards aimed at stemming the tide of degeneration of our environment owing to human activities. Security forces Security forces consistently violated human rights in the context of military operations conducted against Boko Haram in north-eastern Nigeria. Nigeria is a creation of the Constitution. A 2015 law prohibits torture and cruel, inhuman, or degrading treatment of arrestees; Abstract Democracy and the rule of law are inseparable concepts that make it possible for modern societies to function effectively and thus guarantee peace, harmony and egalitarianism in the society. This is even more depressing considering that the general environment where these oil spills occur the Niger Delta is an area where the mainstay of the local environment is farming and fishing. To learn more, view ourPrivacy Policy. It submits that the problem with constitutionalism in Nigeria is poor leadership and poor implementation of the Constitution. The coexistence of several Nations under same state is a test, as well as tshe best security of its freedom. This article examines the institutional politics of law enforcement in Nigeria by focusing on illegal drug control since the mid 1980s. The 1999 Constitution in different sections vested the powers of government in separate organs of government as follows: Section 4 deals with the Legislative powers; Section 5 deals with the Executive powers, while Section 6 is concerned with Judicial powers. The Federal Republic of Nigeria has a written constitution. The study discovered that Nigerias economy is crude oil dependent, making environmental pollution control difficult. Onwanibe (1989) defines the rule of law as that aspect of law which envisages a political system where life is organized according to laws that guarantee a good degree of objectivity in dispensing justice, defending freedom, promoting peace and prosperity because law is a reasonable expression of integrity. Does politics produce law? The executive arm of government today appears to dwarf the other arms of government by virtue of the amplitude and plenitude of powers allotted to them by the Constitution. Also, the study utilized the secondary method of data collection largely drawn from official publication, journal articles and books while we analyzed the data using the content analysis. Constitutionalism in Nigeria has been crisis-ridden since independence in 1960. It argues that although deficient in popular sovereignty, the Constitutions legitimacy is moot since it is the operative law that governs the country. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. Essentially, secondary sources of data were used in the study. Arms Restraint and Regional International Law Making -The Case of the Economic Community of West African States, African Security Review, 18 (2), 2009, 75-92. UNIVERSITY OF ILORIN THE ONE HUNDRED AND FIFTY-THIRD (153 rd ) INAUGURAL LECTURE "POLITICS AND LAW: ANATOMY OF THE SIAMESE TWINS", When the rule of law and constitutionalism become a mirage : an analysis of constitutionalism and the rule of law in post-independent Cameroon against post-apartheid South Africa, Sharia in the Nigerian Constitutions: Examining the Constitutional Conferences and the Sharia Debates in the Drafts, The paradox of underdevelopment amidst oil in Nigeria: a socio-legal explanation, Modeling Separation For Constitutionalism: The Nigerian Approach, LAW, DEMOCRATISATION AND SOCIAL CHANGE IN NIGERIA, Nigeria: The Colonial Legacy and Transitional Justice, Contrasting Rule-Making in a Civil Administration with Rule-Making Under a Millitary Regime, in Nigeria, CONTRASTING RULE-MAKING IN A CIVIL ADMINISTRATION WITH RULE-MAKING UNDER A MILLITARY REGIME, IN NIGERIA By DURU, ONYEKACHI WISDOM CEAZAR, Presidential Pardoning Power, Judicial Review and 'New Face of Mercy': An Examination of Pardoning Power in Nigeria and India, ANOTHER PERPETUATION OF INCUMBENCY THROUGH THE FUNDAMENTAL LAW: AN ANALYSIS OF POPULAR LEGITIMACY OF THE PRESIDENCY ESTABLISHED BY THE CONSTITUTION OF UGANDA 1995 2 0 F 0, Interrogating the Non-Justiciability of Constitutional Directive Principles and Public Policy Failure in Nigeria, A Comparative Analysis of the Impeachment Procedures in Nigeria and Indonesia: A Need for a Paradigm Change, AUTONOMY OF LOCAL GOVERNMENTS UNDER NIGERIA LAW, THE PROBLEM OF CONSTITUTIONAL EVOLUTION IN NIGERIA AND LIBERIA, Examining intergovernmental relations in Nigerias Second Republic (1979-1983) and the Fourth Republic (1999-2007): insights from selected states in the South West, Nigeria, A comparative analysis of the court structures in Nigeria and South Africa, Why the judicial annulment of the Constitution of 1999 is imperative for the survival of Nigeria's democracy, NigeriaThe Search for Autochthonous Constitution, REBOOT NIGERIA INITIATIVE RE-THINKING NIGERIA'S CENTRALISED FEDERALISM A Close Look At the Type Of Federalism Nigeria Currently Practices and It's Desirability Or Otherwise, Executive-Legislative Conflicts and The Quest for Accountability in Nigerias Presidential Democracy: A Case of the 8th National Assembly, Interpreting the Labour Relations Act in line with the Constitution, THE ENFORCEMENT OF SOCIAL AND ECONOMIC RIGHTS IN AFRICA: THE NIGERIAN EXPERIENCE AJEPE TAIWO SHEHU, Interpreting the Labour Relations Act in line with the Constitution / Thabo Wilson Pheto, Presidential Power in Comparative Perspective: The Puzzling Persistence of Imperial Presidency in Post-Authoritarian Africa, The Military Myth and Judicial Attitude in Nigeria: Judicial Activism or Passivity in Construing Military Decrees, IDEOLOGICAL BASES OF THE NIGERIAN PRESIDENTIAL CONSTITUTIONS, On delimitation of concept of the constitutional for advancement of the federal. RESTRUCTURE OR DISINTEGRATE, LITERATURE REVIEW OF SOME WORKS ON THE NIGERIAN SENATE, Issues on Ethnicity and Governance in Nigeria: A Universal Human Rights Perspective, Sustaining the Values and Virtues of Political Participation in the Electioneering Process in Nigeria. It goes further to discuss the composition of the existing constitution and then goes to expatiate on the historical background leading to the current constitution by examining all of the previous eight (8) constitutions. PDF Language Policy in Nigeria: Problems, Prospects and Perspectives Enter the email address you signed up with and we'll email you a reset link. This concept of checks and balances is as well provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The Relationship Between Law and Politics - GGU "The law reporting culture of Nigeria is the best in Africa. It was not long after the discovery of oil in the small town of oloibri Bayelsa state in 1956, that commercial exploration started in 1958. The Constitution of the Federal Republic of Nigeria 1999 (as amended) (Nigerian Constitution) is the main constitutional law of Nigeria. In Nigeria, as in many other developing economies, legal regime on the environment is in seeming compliance with the principles and norms the international system expects of her for the purpose of retaining her sovereignty; but not necessarily for the good of the environment. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. THE ABORIGINAL RIGHTS OF THE NEW ZEALAND MAORI AT COMMON LAW, ELECTIONS AND THE MANAGEMENT OF DIVERSITY IN NIGERIA. It argues that although deficient in popular sovereignty, the Constitutions legitimacy is moot since it is the operative law that governs the country. Academia.edu no longer supports Internet Explorer. Nigeria is estimated to have about 37.2 billion barrels of proven oil reserves, largely concentrated in the Niger Delta Region and over 95 per cent export and 75 per cent earnings Nigeria is dependent on the Oil and Gas sector. And the flares contain a cocktail of toxins that affect the health and livelihood of local communities exposing Niger delta resident to an increased risk of pre mature death, child respiratory illnesses, asthma and Gas flaring have been condemned severally in different countries of the world. The Rule of Law in Nigeria Foreign Enterprise in Nigena: Laws and Policies. The policies guiding the Nigerian environment, oil and gas production is enormous. Colonial Histories of Heritage: Legislative Migrations and the Politics of Preservation, POLITICS AND POWER STRUGGLES IN NIGERIA (1945-1999), Ruling Continuities: Colonial Rule, Social Forces and Path Dependence In British India and Africa, FROM CONQUEST TO INDEPENDENCE: THE NIGERIAN COLONIAL EXPERIENCE. Global Journal of Politics and Law Research Vol.8, No.1, pp.1-13, January 2020 Published by ECRTD-UK . PDF Psychology of Politics and Politicians in Nigeria: the Human and Social Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. The founders of the doctrine of Separation of power discovered that a water-tight application of the doctrine is not possible. Every person is subject to the ordinary law within the jurisdiction.4 In Dicey's5 exposition; It is the absolute supremacy or predominance of regular law as opposed to the Sorry, preview is currently unavailable. The period of study invariably provide gainful insight into the total sum of citizens views and group aspirations in Nigerias federal system by reviewing the role of media and other platforms of public opinion (people) and opinion public (elites) which reinforced the recurrent decimal for agitations and struggles for access to power and equitable distribution of national resources. The study assumed and confirmed that the politics of establishing the sovereignty of a particular interest group resulted in: (i) the emergence of conflict between the British authority on the one hand and the Nigerian interest group on the other; (ii) the conflict between and within the Nigerian interest groups for the control of political powe. The paper found out that keeping peace in one country is invariably saving an entire sub-region or region from possible spillover effects. The policies lack consistency, enforcement and overlaps of mandates which is contradicting and controversial for the affected communities. Former Chief Justice Of Nigeria. Federalism, democracy and constitutionalism all have their underlying characteristics and their advocates employed them as a measuring tool in ascertaining the extent on which individual states conformity or nonconformity. PAUL 0. THE RULE OF LAW IN GOVERNANCE IN NIGERIA - African Journals OnLine Global Journal of Political Science and Administration Vol.2, No.1, pp.26-35, March 2014 Published by European Centre for Research Training and Development UK (www.ea-journals.org) 26 THE RULE OF LAW, DEMOCRACY AND GOOD GOVERNANCE IN NIGERIA Charlie Nwekeaku, PhD Department of Public Administration, Nasarawa State University, Keffi. In this article, we examined these basic and related concepts after which we examined these features as provided in the 1999 Constitution of Nigeria so as to measure the extent of her conformity or non conformity with these principles in practice and made some recommendations that will further upgrade her to the level of modern advanced federations. Chapel Hill: University of North Carolina Press, 1965. However, mankind has also been given the freedom and freewill to do as he pleases or wishes. Academia.edu no longer supports Internet Explorer. Prince Ikechukwu Igwe, Luke Amadi Democracy and Political Violence in It is in recognition of this fact that the founders of the doctrine developed the principle of checks and balances which empowers each arm of government to serve as a check on the others to ensure that they do not go out of their constitutionally assigned roles. For in-depth analysis, the transformation agenda of Jonathan's administration is used as a case-study. PDF Policy Implementation and its Challenges in Nigeria This paper examines peacekeeping operations across the globe, particularly, in Africa and West African sub-region, with emphasis on Nigeria's role in the Liberian and Sierra Leone crises. NIGERIA Executive Summary The constitution and other laws and policies protect religious freedom and, in practice, the government generally respected religious freedom. Also, there should be a clear mandate between agencies for an effective enforcement of the laws. the language of politics, governance and law. Nigeria:a rogue state in the wake of umar farouk abdulmatallab'terror adventure? Political Behaviour in Nigeria Politics is the act of exhibiting political consciousness, while expressly engaging in objectively overt political activities is political behaviour. K . (eds. Nigeria during the pre-colonial era. Politics of defection in Nigeria can be traced to 1951, when several members of NationalCcouncil of Nigeria and Cameroon (NCNC) defect to the Action Group (AG) just to deny Dr. NnamdiAzikiwe and his party (NCNC) the majority in the Western Regional House of Assembly, which the party required to form the government in the Western Region (Adejuwon. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds toupgrade your browser. Oil spills occurrences stood at 6,744 spills with 2,369,470 barrels between 1976-2000, of this number, an estimated 1,820,410.5 barrels 77% was deposited into the environment, though a cumulative figure of 549,060 barrels of oil, signifying 23.17 per cent of the whole was however recovered. The central thesis of the work is that the effectiveness of public policy in solving societal problems is impeded by domestic factors. The study concluded that there is no specific legal framework that prohibits gas flaring in Nigeria in spite of the environmental problems associated with it. Scholars, legal professionals, and religious leaders from Botswana, Ethiopia, Ghana, Liberia, Malawi, Namibia, Nigeria, Rwanda, Sierre Leone, South Africa, Tanzania, Togo, Uganda, the United Kingdom, and the United States gathered in Legon for the two-day event. PDF Politics, Political Parties and the Party System in Nigeria: Who's Michel Rosenfeld & Andrs Saj (eds. The study establishes that the policies are laudably pronounced theoretically rather than practically. This historical survey examines the nature of politics and power struggles in Nigeria between 1945 and 1999. PROEHL. Hence, this informative research paper examines critically the origin and proliferation of political parties in Nigeria from 1923 to 2018, studying closely the first generation political parties that began with a good ideological footing in the 20 th century to most of the 21 st century political parties in the country which are ideologically barren. The study examined the legal and institutional framework for combating gas flaring in Nigeria. Abstract This paper assesses practice of democratic governance in the present Republic. The flares have contributed more green houses gases than all subs Saharan Africa combined. A Deep Dive into the Review of National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, Connecting the dots: relevance of sustainable development principles in addressing environmental protection issues in Nigerias oil industry, THE ROLE OF THE NIGERIAN GOVERNMENT TO ENVIRONMENTAL POLLUTION, Economic Based Approach to Environmental Regulation as a Panacea to Effective Environmental Management in Nigeria, The Koko Incident: The Law of the sea and Environmental Protection, A COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORK FOR THE REGULATION OF GAS FLARING IN NIGERIA AND NORWAY ETISANG ETIMS ABRAHAM, CONTROL OF OIL POLLUTION AND THE LEGAL FRAMEWORK IN NIGERIA, LEGAL REDRESS FOR POLLUTION ARISING FROM PETROLEUM. Electoral contests were governed by intimidation, rigging and violence and not by the norms of free and fair rulesthe do or die or rather win at all cost attitude to politics has been the result of the largesse and spoils of office available for distribution to their retinues The study is to help enhance the knowledge of history in the areas of examination and discussion of group activities and participation, and the individual political aspirations and interactions with its attendant implication for social and political development of the Nigerian State. THE ROLE OF ENVIRONMENTAL IMPACT ASSESSMENT IN THE NIGERIAN OIL AND GAS INDUSTRY. Academia.edu no longer supports Internet Explorer. Regulations and Incentives: Effective Abatement Measures For Gas Flaring In Nigeria? By using our site, you agree to our collection of information through the use of cookies. Also, there should be a clear mandate between agencies for an effective enforcement of the laws. The study found out that federalism could not be blamed for all the social-polical problems in a multi-ethnic society like Nigeria. The regulations are aimed to reduce the dangers that emanates from industrial activities and safeguard the surroundings and wellbeing. Human rights in Nigeria Amnesty International THE FAULTY FOUNDATION THAT WE DEVELOPED ON HAS AFFECTED THIS NATION GREATLY, ELECTING OF REPRESENTATIVES INTO GOVERNMENT POSITIONS HAS NOW BEEN TURNED INTO A TRIBAL AND REGIONAL WAR. 20 SAN Admit Failed Status of Nigerian Bar, Bench and Judiciary: Commits to their Redemption. The policies lack consistency, enforcement and overlaps of mandates which is contradicting and controversial for the affected communities. At the heart of these crises are weak democratic institutions, which are sustained by bad leadership and a culture of impunity. This is not to claim that women have never before taken part in governance or politics at any level. Since the beginning of recorded history, men have dominated the political landscape and the governance of Nigeria. At the same time, Nigerias public service during the period of study with the various reforms introduced for the determination of public policy process, the arena and attitude of public institutions failed to achieve desirable stability and performances . DR. MIRO CERAR* ABSTRACT: This article examines some basic characteristics of the relationship between national and international law and politics. Download Free PDF View PDF POLITICS AND POWER STRUGGLES IN NIGERIA (1945-1999) Jadesola Babatola Ph.D This historical survey examines the nature of politics and power struggles in Nigeria between 1945 and 1999. This paper is a review of some instructive environmental policies and guidelines in the Nigerian oil and gas industry in relation to compensation for environmental damages resulted from oil spillages. ASSOCIATION FOR THE PROMOTION OF AFRICAN STUDIES, Gondi James (ed.) Lastly, it will highlight cases that have been brought against oil companies by individuals and communities that have been severely affected by oil spills in their immediate environment. It was managed on the basis of the customs and traditions of the various ethnic groups that formed the country. The study concluded that, in order to achieve environmental sustainability, Nigeria should introduce renewable sources into her energy mix through strategies that discourage carbon energy. This is equal to 40 percent of Africas natural gas consumption in 2001 while the annual financial loss to Nigeria is about 2.5 billion dollars. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. In addition, the lack of clarity in compensation strategies and transparency in the process calls for a greater attention. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. In 1985, Chief Gani Fawehinmi, SAN started Nigerian Weekly Law Reports that is regular, well-annotated and as good as any in the world. These are the nature of questions that scholars and political scientist have over the years sought to provide answers to.
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