Publications

This article directly addresses the pivotal question: Is the presence of a legal practitioner during the taking of an accused person's confessional statement mandatory or discretionary under the Administration of Criminal Justice Act (ACJA) 2015? Though the examination of the relevant statutory provisions-namely Sections 15(4) and 17(2) and the analyses of key judicial decisions such as F.R.N. v. Akaeze and Friday Charles v. The State of Lagos, the discussion reveals a subtle interpretation of the statutory language. While the use of "may" in Section 17(2) might suggest a degree of discretion, the protective intent of the Act and judicial interpretations lean towards a mandatory requirement. This mandatory approach is crucial for ensuring the voluntariness and integrity of confessional statements, safeguarding the rights of the accused, and preventing potential abuses by law enforcement. The article argues that strict adherence to these procedural safeguards is essential for maintaining transparency, accountability, and fairness within Nigeria's criminal justice system

In this article, we critically examine how existing international arbitration and specifically investor-state dispute settlement (ISDS) may be misaligned with African values and legal culture and proposes the African concept of Ubuntu as a philosophical and procedural foundation to reform norms of arbitration. Using benchmark cases such as Biwater Gauff v. Tanzania, Von Pezold v. Zimbabwe, Glamis Gold v. USA, Bear Creek Mining v. Peru, Urbaser v. Argentina, and Cortec Mining v. Kenya, we show how mainstream arbitration has disempowered community stakeholders and ignored community interests. We then delineate Ubuntu, the African philosophy of relational personhood which incorporates respect for individual dignity, communality and harmony, and make a case for its incorporation into arbitration as a foundational concept in line with "fundamental notions of justice and equity". Procedural innovations are proposed that embrace community and non-disputing party participation, fostering transparency, and streamlining procedures to align with the values within Ubuntu. We highlight the wider consequences of an "Ubuntu-inspired" approach on sustainability, human rights, and development outcomes, drawing on contemporary legal instruments and the new AAA Model BIT. Our conclusion offers concrete policy recommendations including the insertion of Ubuntu into African and Afrocentric global treaty documents, the impact of indigenous participation and socio-environmental issues in ISDS, and the integration of African legal values into the international rules of arbitral practice where there is direct effect upon the nations of the African Continent.

Through a chronological analysis, this study traces the origins of international criminal jurisprudence, from ancient civilizations to the groundbreaking Nuremberg and Tokyo trials, the establishment of ad hoc tribunals, and the eventual creation of the International Criminal Court as a permanent institution. The study delves into the definitions and categories of core international crimes-genocide, crimes against humanity, war crimes, and the crime of aggression-while elucidating the contextual elements and legal requirements that distinguish these offences from ordinary crimes. Furthermore, it grapples with the complexities and controversies that continue to challenge the enforcement of international criminal law, including jurisdictional disputes, immunity considerations, the principle of complementarity, and the need for robust cooperation mechanisms. By shedding light on these multifaceted issues, the study aims to contribute to the ongoing discourse on achieving accountability, deterring future atrocities, and upholding the fundamental principles of justice and human rights on the international stage.

The International Criminal Court (ICC), established by the Rome Statute, 1 represents a significant advancement in the pursuit of international justice. The Rome Statute, adopted in 1998 and entering into force in 2002, serves as the foundational document for the ICC, delineating its jurisdiction, structure, and core principles. Central to the ICC's mandate is the doctrine of irrelevance of official capacity, enshrined in Article 27 of the Rome Statute, which asserts that an individual's official position, does not exempt them from criminal responsibility under the court's jurisdiction. However, the ICC's jurisdiction is not without its complexities. Article 98 of the Statute introduces a potential counterbalance to Article 27, recognizing states' obligations under international law regarding diplomatic immunities and the surrender of individuals to the court. This apparent contradiction between Articles 27 and 98 has given rise to significant legal and diplomatic challenges, exposing tensions between the pursuit of international justice and the preservation of sovereign prerogatives. Against this background, this article attempts to examine the intricate relationship between Articles 27 and 98 of the Rome Statute, exploring the legal, theoretical, and practical implications of their coexistence.

This article examines the jurisprudence surrounding the extension of time to challenge arbitral awards under the 1996 English Arbitration Act. It focuses on the English Commercial Court's decision in P&ID v. Nigeria, which extended the time limit to challenge an award from 28 days to over 3 years. The article reviews key English court decisions on extending time limits and analyzes the criteria courts consider, such as length of delay, conduct of the parties, and overall fairness. It argues the jurisprudence has evolved to focus more on achieving justice rather than strictly applying statutory time limits. The article concludes courts should grant extensions when in the interests of justice, even for long delays, if an award has not yet been enforced.

This article examines the notion of a right to development accruing to Nigerians from the provisions of Article 22 of the African Charter on Human and Peoples’ Right. It notes that the right to development in Nigeria is a very controversial one given its unsettled nature, scope, domain, and content. It also finds that the right to development’s legal nature, as well as its enforcement and justiciability, depend on the relationship between well-being and human rights. Although the right to development presumes the enjoyment of a full array of rights, in terms of its legal nature, it is not merely a compilation or synthesis of these; rather, it is an independent composite right that is enjoyed both collectively and individually. It is distinguished from the discrete rights that comprise it by requiring the duty-bearers to create an environment that is conducive to the realization of individual and collective wellbeing. Summarily, it recommends that stakeholders must be seen to be engaged in certain actions and policies if the instant right must be enjoyed by the citizenry.

This paper provides a thorough exegesis of the regulatory frameworks affecting marginal field operations in Nigeria in light of the recent overhauling occasioned by the enactment of the Petroleum Industry Act, 2021. Through a historical comparative appraisal, it evaluates the faring of marginal field operators in Nigeria before the enactment of the Petroleum Industry Act, 2021 while juxtaposing the same with the extant positions under the Petroleum Industry Act, 2021. Ultimately, it critiques the legal regime as a catalyst for the problems encountered in the sub-sector while ensuring that timely and relevant recommendations are made to the effect of improving marginal field operations in Nigeria given its endearing potential.

This paper examines the regulatory frameworks for the definition of tenancy agreements under Nigerian law. In doing this, it exposes the various types of tenants recognized by the Nigerian judicature while placing significant reliance on the laws of Lagos State and Abuja deemed to be the most comprehensive frameworks for the regulation of tenancy relationships within Nigeria. It further examines the concept of the right to housing in Nigeria to determine its substantiveness and extent of enforceability while exploring the procedures for the eviction of tenants by landlords cum recovery of premises with a special focus on the rights attributable to tenants within Nigeria arising from the various regulatory frameworks. In doing this, it adopts an analytical approach exploring in detail the fine contours of applicable Laws.

This work through a comprehensive study of Nigerian Intellectual Property Law having due regard to the various types of intellectual property extant within Nigeria as a sovereign country studies the ownership of creations of the intellect under academic settings with particular emphasis on Student creation.