The University of Cape Coast (UCC) Law Journal is a biannual peer-reviewed journal entirely dedicated to legal scholarship. The subject fields span all areas of law and other studies with socio-legal implications. The Journal invites submissions from around the world in interdisciplinary, methodological, and theoretical perspectives of law. Manuscripts of sufficient standard will be read independently by the editors and at least two reviewers.
Faculty of law, university of cape coast
Regulatory standards for the decommissioning of oil and gas installations in Nigeria: A cross-national case study
Petroleum assets decommissioning is ineluctable once the oilfield reaches the end of its operational lifespan, as extending or replacing the infrastructure may no longer be technically or commercially sustainable. In Nigeria, most studies on decommissioning focus mainly on comparing Nigeria’s frameworks with those of developed petroleum-producing countries, overlooking lessons from developing oil-rich nations. To address the gap, the paper examines Nigeria’s decommissioning regulatory framework and implementation challenges via a comparative analysis with the United Kingdom (UK) and Ghana to identify lessons that Nigeria can draw from the comparator countries. The UK was selected for its widespread decommissioning experience and robust regulatory regime, while Ghana, a developing hydrocarbon-producing country, currently executing decommissioning operations of its Saltpond oilfield, provides practical insights for Nigeria, which has yet to start any decommissioning activities. Utilising a doctrinal legal research method, the article examines conventions, statutes, case laws, and relevant literature. Findings disclosed that though the Petroleum Industry Act (PIA) 2021 and its regulations align with international standards, considerable regulatory and institutional gaps impede effective implementation. Challenges include undue ministerial discretion, weak enforcement, limited technical capability, and possible fiscal risk linked to unstable financial institutions managing decommissioning funds. Comparatively, the UK exemplifies a strong regulatory and practical model, while Ghana accentuates the importance of early and proactive decommissioning planning. The article concludes that Nigeria can reinforce its decommissioning governance, mitigate environmental concerns, and improve socio-economic gains through effective implementation of extant laws, embracing global excellent practices, and drawing lessons from both the UK and Ghana.
Promoting grassroots mediation as a mechanism for peace reinforcement
This study reports findings on ethnographic research done in three counties in Kenya from January to June 2023. Two levels of exploration were applied. First, based on participant observation of 31 local trials, the study reports on how the affable ways of settling disputes provide a stage-setting for peacemaking and reconciliation. Second, through 62 interviews, 10 of which were with jurists in Nairobi, and 52 with local mediators in the three research counties, descriptive accounts of the merits of mediation, including its harmony-focused goal, help to clarify and further substantiate the peacemaking perspective in criminology, which advocates understanding, compassion, peace, and social justice. The underlying focus of the study was to learn why Alternative Dispute Resolution, in particular mediation, resonates profoundly among a significant number of Kenyans. Some key reasons are the celerity, convenience, congeniality, and cost efficiency, among others, entailed in mediating cases. A few limitations of the study are reported, including a less-than-robust sample and the absence of interviews with litigants.
The concept of informed consent in healthcare delivery in Ghana: a rhetoric or reality?
This paper examines the doctrine of informed consent within the Ghanaian healthcare system, interrogating the significant disconnect between its progressive enactment and the practical realities of its implementation. The claim made in the paper is that the complex legal doctrine of informed consent, when transplanted into Ghana’s healthcare system, reflects modern patient-centric standards from advanced jurisdictions, yet remains largely theoretical in Ghana. This shortfall is evidenced by a complete absence of judicial precedents and direct jurisprudence on informed consent, amid persistent systemic and socio–cultural barriers. Using a doctrinal research methodology coupled with a socio-legal contextual analysis, this paper analyses primary and secondary legal sources to establish the challenges encountered in implementing the doctrine of informed consent. Although informed consent, as outlined in Ghanaian law, reflects the context in which it has been used and applied in advanced countries, systemic challenges, evidenced by recent data on literacy rates and inadequate doctor-to-patient ratios, are identified as hurdles that render the practical application of the doctrine of informed consent largely aspirational. Ghana’s doctor-to-patient ratio falls below the World Health Organisation recommended ratio of 1:1,320. The paper concludes that for informed consent to transition from rhetoric to reality in Ghana, a modified framework of contextualised informed consent is required. This paper proposes measures such as the development of standardised consent protocols for low-literacy populations, the formulation of official guidelines for navigating familial involvement in decision-making, and the introduction of comprehensive language policies in the training of health professionals and medical interpreters.
INTERNATIONAL NEGOTIATIONS: CHALLENGES AND STRATEGIES FOR AFRICAN COUNTRIES
Negotiation is a very vital tool for resolving disputes amicably and ensuring harmony in international relations. Further, it is the process of engaging in ‘dialogues or discussions’ with the sole object of reaching an acceptable agreement by the parties involved in a dispute. Essentially, negotiation aims to achieve fairness and security among states. It is voluntary, non-adjudicative, informal and flexible. This article seeks to identify and analyse the challenges and limitations African countries face in negotiating with international bodies and other countries as well as propose strategies, approaches and attitudes they must adopt to ensure a more favourable negotiation outcome. The paper is divided into eight sections, which are based on secondary data analysis and literature review that covers the area of study in addition to other theoretical and legislative enactments on international negotiation in Africa. The review of the literature examined information from several important sources which covers the major area of the paper.
TYRON MARHGUY V. BOARD OF GOVERNORS ACHIMOTA SENIOR HIGH SCHOOL: A COMMENTARY
This comment is a reflection on the 2021 Ghanaian case of Tyron Marhguy v. Board of Governors Achimota Senior High School and Anor (hereafter, Marhguy) and brings to the fore the Ghanaian judicial standpoint on the enforcement of the right to freedom of religion and belief. In the case, the Applicant successfully contested the violation of his fundamental human right to freedom of religion and belief. Jurisprudentially, Marhguy is phenomenal, being a locus classicus setting out the judicial approval to the constitutional protection of religious liberty in Ghana. More importantly, Ghana is a country with constitutional democracy and religious pluralism, and the effect of the case may ultimately shape religion-state relations in the country. Expectedly, given the religiosity of Ghanaians, the court decision elicited much public commentary and debate; but as significant as the case, there has not been much legal and academic discourse on it. The issues that resonated in the case touch on constitutionally guaranteed human rights, including the right to freedom of religion and belief, the right to education, and the right to human dignity. However, the focus of this commentary is limited to the issues concerning the right to freedom of religion. Thus, after a summary of the facts of the case and the decision of the court, this discussion primarily evaluates only the issues
A CRITICAL ANALYSIS OF THE NIGERIA DATA PROTECTION ACT 2023: ELEVATING STANDARDS TO GLOBAL NORMS
The Nigeria Data Protection Act (NDPA) 2023 marks a pivotal advancement in Nigeria's regulatory framework for data protection. This article critically examines the NDPA, highlighting its alignment with the European Union's General Data Protection Regulation (GDPR) and its implications for Nigeria. Employing a doctrinal research methodology, the analysis delves into the Act's provisions, including definitions, data subject rights, data controller obligations, and the establishment of the Nigeria Data Protection Commission (NDPC). Comparisons with the GDPR underscore both the strengths and potential challenges of the NDPA, particularly in areas such as extraterritoriality, independence of the regulatory authority, and enforcement mechanisms. The article also explores the socio-economic and legal contexts that influence the Act's implementation. Recommendations are provided to enhance the effectiveness of the NDPA in safeguarding privacy rights and fostering trust in Nigeria's digital economy
LEGAL FRAMEWORK FOR THE DETERMINATION OF EMPLOYMENT CONTRACT UNDER THE NIGERIAN LABOUR LAW
The employment contract between employers and employees must adhere to due process at all stages, starting with its creation, continuing through job performance, and concluding with termination or retirement. This paper provides an overview of the determination of statutory employment contracts under Nigerian law. It examines the processes and procedures involved in dismissing an employee, identifies, and appraises issues related to employee determinations. A qualitative research method, relying on both primary and secondary sources, was employed. The primary sources consulted include statutes (the 1999 Constitution of the Federal Republic of Nigeria, the Labour Act of 2004, the Industrial Disputes Act of 2004, and international treaties and declarations from the International Labour Organisation, among others), while secondary sources encompass textbooks, journal articles, conference proceedings, newspapers, and the internet. The findings of this paper reveal that the termination of employment may be lawful or unlawful. It also determined that while employers have the right to terminate an employee’s appointment, they also have a duty not to infringe upon employees' rights. It is recommended that in an employment contract, both parties must be aware of their rights, duties, and obligations.
STRIKING A BALANCE: AI, NATIONAL SECURITY, AND PRIVACY RIGHTS IN NIGERIA
Nigeria, like many other nations, is increasingly utilising artificial intelligence (AI) for national security purposes. While AI presents opportunities such as enhanced threat detection and cybercrime prevention, its use also raises concerns about individual privacy and potential misuse. This paper investigates the challenges Nigeria faces in balancing national security with privacy rights in deploying AI technologies. The research employs a doctrinal approach, analysing legal frameworks, government policies, and relevant academic literature, complemented by insights from structured interviews from reputable newspapers and credible publications featuring industry experts in national security and technology. It highlights the benefits and risks of AI in national security while offering recommendations for a national AI strategy tailored to Nigeria’s unique context. The proposed strategy emphasizes clear legal frameworks, robust oversight mechanisms, ethical guidelines for data use, and public education on AI and privacy rights. These measures aim to enable Nigeria to leverage AI for national security while safeguarding the rights of its citizens.
REDEFINING WORKPLACE SEXUAL HARASSMENT IN GHANA
Sexual harassment became topical in Ghana and Nigeria when BBC Africa Eye released the Sex for Grades documentary in the last quarter of 2019. The documentary implicated some lecturers in public universities. Nigeria’s Parliament promptly passed an anti-sexual harassment law. However, Ghana’s Parliament deliberated on the subject and has yet to pass an anti-sexual harassment law. The current legal regime on sexual harassment in the workplace in Ghana is limited. Accordingly, I advocate for a comprehensive law prohibiting all forms of sexual harassment in the workplace. I use doctrinal analysis to examine the existing laws on sexual harassment in Ghana and recommend redefining them expansively drawing comparative insights from Nigeria and South Africa.
COLLABORATIVE FRENEMIES: EXPLORING THE INTERPLAY BETWEEN INTELLECTUAL PROPERTY AND COMPETITION LAW IN GHANA
Intellectual property rights generally put right holders in a dominant position in the marketplace, and rightly so, as their rights grant them some time-limited monopolies. Competition policy, on the other hand, seeks to prevent the abuse of a dominant position by regulating competition to ensure a fair market. In view of the aforesaid, there appears to be a conflict between the two legal frameworks. There are, however, some attempts at responding to the concerns of competition policy in intellectual property laws. The paper recognizes the absence of a comprehensive competition regime in Ghana. Employing a doctrinal approach to data collection and analysis, the paper reviews the points of convergence and divergence between intellectual property laws and competition policy in Ghana. The paper briefly explores the successful and challenging resolution of IP and competition law conflicts in some African countries. The paper concludes that the attempts at addressing competition concerns by the use of intellectual property legal regimes are not enough. The paper calls for proactive steps to be taken toward the passage of a comprehensive competition legal regime to ensure a fairer market, thereby promoting free trade in Africa.
LAW, PEACE AND SUSTAINABLE SOCIO-ECONOMIC DEVELOPMENT
Against the background of cataclysm to humans and lethality to property, rooted in wars and armed-conflicts, at national, regional and global levels and the truism that, without law and peace, no nation can, possibly, stabilise or prosper, this paper interrogates the interconnectivity and convergence of law and peace and their inevitability in ensuring sustainable socio-economic development. The paper finds that since no individual, institution, community, society, or nation can possibly be an island, interrelationships are inevitable because individuals, institutions, communities, societies, and nations are, naturally, duty-bound to interrelate and that this occasionally brews disputes arising from conflicting interests. The paper further finds that wars and conflicts interrupt economies, displace communities, and worsen poverty and inequality and that law is a potent instrument for attaining peace through the mechanism of conflict prevention (proactiveness) or resolution (reactiveness) as a way of ensuring sustainable socio-economic stability and prosperity. It recommends increased use of law, especially alternative dispute resolution models, for the purpose of ensuring national, regional, and global peace. Furthermore, while acknowledging that global and regional institutions are doing their best to ensure peace worldwide. It advocates that more efforts of these institutions are required to guarantee relative peace that is necessary for continuing national, regional, and global socio-economic stability and progress.
GHANA'S NEED FOR SOCIOLOGICAL JURISPRUDENCE: A CRITICAL APPLICATION OF ROSCOE POUND'S THEORY
This paper critically examines the applicability and relevance of Roscoe Pound’s sociological jurisprudence to the legal and educational systems of Ghana. It argues that while Ghana’s legal architecture is constitutionally sound and institutionally robust, it remains constrained by inherited colonial formalism, doctrinal rigidity, and cultural alienation. Drawing on Pound’s foundational thesis, law must function as a tool for social engineering rather than a self-contained doctrinal system. The paper assesses Ghana’s jurisprudential trajectory and identifies a critical need to align legal norms, practices, and education with the socio-cultural realities of the Ghanaian populace. Through a desktop methodology grounded in doctrinal analysis and comparative legal theory, the study interrogates the formalism in judicial reasoning, the marginalization of customary law, and the doctrinal orthodoxy prevalent in legal education. It proposes a sociologically informed legal reform agenda encompassing interdisciplinary legal education, empirical legal research, and context-sensitive judicial interpretation. The study finds that integrating local knowledge systems, advancing community-based legal pedagogy, and democratizing access to justice are essential for the evolution of a Ghanaian legal system that is equitable, dynamic, and culturally responsive.
A CRITIQUE OF THE CONSTITUTIONALITY AND CONSTITUTIONALISATION OF THE RIGHT TO SELF-DETERMINATION UNDER THE NIGERIAN CONSTITUTION
As the quest for self-determination in Nigeria surges to a record high in recent times, the Nigerian government has repeatedly adopted every means including the use of force to quell the agitations for this right on the basis that it violates the constitution and endangers the territorial integrity of Nigeria. The advocates of this right contend that it is an inalienable right that is recognized under international laws to which Nigeria is a signatory. Therefore, enforceable in Nigeria. This paper examined the constitutionality of the right to self-determination in Nigeria. It found that though the constitution of Nigeria emphasizes the indivisibility and indissolubility of Nigeria, there is a constitutional silence on the right to self-determination. The study found further that the amalgamation of the southern and northern protectorates in 1914, political and economic marginalisation, failure of federalism, and legitimacy question surrounding the 1999 constitution amongst others are factors responsible for the various agitations in the country. Moreso, there is no express affirmation or denial of the right to self-determination under the Nigerian constitution. The study thus concluded that the Nigerian constitution must take a decisive position on the legality of self-determination agitation in Nigeria instead of leaving the challenge to the judiciary
COLLECTIVE INVESTMENT SCHEME AS A TOOL FOR ECONOMIC INCLUSION AND DEVELOPMENT IN NIGERIA
There are two major challenges to doing business in Nigeria: lack of capital and managerial expertise. With the large population of Nigeria, and by implication, the size of her market, Collective Investment Scheme (CIS), as regulated under the Investment and Securities Act (ISA) 2007, provides the necessary platform to overcome the two challenges above. Where the two challenges are overcome, the CIS can be a tool for economic inclusion and development in Nigeria. This study, therefore, examines the Collective Investment Scheme (CIS) in Nigeria, a business package aimed at economic inclusion and development. CIS, regulated by the Securities and Exchange Commission, offers three types of schemes with potential benefits for investors and addressing housing deficits. The CIS is a vital tool for economic inclusion and development of Nigeria. Its domicile in the Nigerian Capital Market (NCM) is to ensure its success as the funds are only invested in securities of choice for profits. The regulatory expertise and wide powers of the Securities and Exchange Commission (SEC) in the regulation of CIS are for the success and sustenance of the scheme via systemic scrutiny of the CIS managers and their operations. However, a comparison with Mauritius reveals some shortcomings. The doctrinal research method is adopted in this study. This doctrinal research adopts a comparative analysis to identify areas for improvement. The study finds that while CIS has advantages, it also has demerits. Recommendations are proffered to enhance the Nigerian CIS scheme, including addressing regulatory gaps and improving investor benefits.
CONSTRAINTS TO THE RIGHTS AND PROTECTION OF PERSONS WITH DISABILITIES IN NIGERIA
Persons with disabilities (PWDs) have been known to suffer various attitudinal and environmental barriers which hinder them from fully participating in their communities on equal terms with others. To address this predicament, Nigeria signed, ratified, and domesticated a number of global and regional instruments on disability rights, including the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol. The essence of these instruments recognised by Nigeria are restatements of the centrality, inseparability, and correlation of all human rights and the necessity for PWDs to be assured of their full protection and enjoyment of fundamental liberties on an equal basis with others without prejudices. Unfortunately, discrimination and marginalisation against PWDs in Nigeria still persist. The crux of this article is to identify the constraints faced by PWDs in the pursuit of their guaranteed rights in Nigeria. This issue is vital because it is not enough for the Nigerian government to put in place normative framework endorsing the rights and protection of PWDs; such laws must indeed be implemented. The article adopted the normative legal research and analytical methods by examining various legal instruments on the protection of the rights of PWDs in Nigeria. The findings revealed that the inability of PWDs to access physical structures, social, economic, academic, and healthcare facilities are some of the constraints faced by PWDs. It is recommended, inter alia, that all laws and governmental policies must align with the endorsement of the rights and protection of PWDs and violators should be sanctioned appropriately.
GHANA’S REGULATORY FRAMEWORK AND SUSTAINABILITY IN THE MINING SECTOR
The mining sector in Ghana predates independence and has, over the years, contributed significantly to Ghana’s socio-economic development through revenue generation, employment creation and increase in foreign direct investments. This can be attributed largely to the institution of comprehensive and attractive legal, fiscal and institutional frameworks by the Ghanaian Government, which have helped to attract investments into the mining industry. Nonetheless, lack of effective revenue mobilization, generous tax incentives, damaging environmental effects, and destruction of livelihoods of host communities, especially due to illegal mining activities, remain major challenges. Most of the problems associated with mining in Ghana are due mainly to a weak mining regulatory framework. Ghana has enacted the Minerals and Mining Act, 2006 (Act 703) (the Minerals and Mining Act), as amended in 2010, 2015, and 2019, as the basic law that regulates the mining sector, to improve the fiscal regime and to ensure effective regulation and sustainability of the mining industry. Even though Act 703 has been amended twice, and the Government has proposed a third amendment, previous amendments focused on “non-essential” areas, without special focus on the management of the environment for sustainability in the mining sector. Making the mining industry sustainable seems to have been addressed as an incidental. The Minerals and Mining Act has not undergone any major amendments to align it with regional frameworks, reflect international best practices and address sustainability challenges in the mining sector in Ghana. This paper reviews the key provisions of the Minerals and Mining Act, with a special focus on how the same facilitates environmental management for sustainability in the mining sector.
ADOPTING A STRICT LIABILITY APPROACH TOWARD GENOCIDE
The Genocide Convention lists intent as a critical element that must be proven to secure convictions for genocide. Many defendants have been acquitted or convicted of lesser crimes due to the difficulty in proving genocidal intent. The argument presented in this paper is that the large-scale negative impact of genocide on humanity should be considered when defining its scope in penal legislation. A fortiori, the crime of genocide should be given similar consideration to other crimes that have been classified as strict liability crimes due to their severity and cost to society. Intent as an element should, therefore, be deduced from the general purpose of the perpetrator’s acts. Although the strict legality principle is not perfect and has some flaws, it is still the most just, effective, coherent, persuasive, and proper reading of the genocide convention. The goal here is to contribute to the conversation on the limitations of genocidal intent to the effectiveness of the enforcement of the crime of genocide in international criminal law.
INTERNATIONAL LAW AND THE PEACEFUL SETTLEMENT OF DISPUTES
International law functions principally in maintaining the fabric of international relations, which reflects the overriding desire by states to resort to a supranational power of legal mechanisms to resolve disputes that may arise among them on territorial claims without force and in a peaceful manner. The United Nations (UN), its Security Council, and its judicial organ - the International Court of Justice (ICJ) - were established after the Second World War primarily to achieve international peace and security. Consequently, the Constitutive Charter of the UN placed an obligation on member-states to resolve all disputes in a peaceful manner which was ostensibly geared towards forestalling the occurrence of another world war. Under the auspices of the UN, the world has achieved a comprehensive body of international law and dispute resolution mechanisms, some of which have helped to resolve disputes that would have otherwise threatened international peace and security. Despite this, scholars have paid less attention to how international law and the implementing agencies of the UN have contributed to global dispute settlement. This paper examines the significance of international law and its implementing agencies in the peaceful settlement of disputes. We argue that international law and its implementation agencies provide an effective framework for peaceful dispute settlement among nations, promoting global security and cooperation.
A well-functioning and regulated financial system is vital for businesses, consumers and the economy. Therefore, regulating microfinance activities is crucial to ensure institutional sustainability and customer protection. We explore the consequences of microfinance regulation in Ghana using the desk review approach to document lessons that could be learnt. Our preliminary findings suggest that there are some learning opportunities. These are regulatory methodology mismatch, mission drift tension, and the collapse of potentially rescuable institutions. Additional lessons include a need for better governance, implementation of complementary laws and inadequate regulatory capacity. The paper offers policy recommendations for future regulatory architecture and design.
SHIELDING DIRECTING MINDS OF COMPANIES AGAINST LIABILITY:
Corporate Governance involves how companies are controlled and the role directors play in running the affairs of companies. Directors owe a fiduciary duty to the companies they administer and are required to observe the utmost good faith in their dealings. Where a director breaches the duties imposed by law or exceeds the powers so conferred, the director is to be personally liable for the damages caused actionable through fiduciary-duty litigation. This paper argues that though directors owe a duty of care, the “business judgment rule” or “business judgment presumption” should serve as a basis to shield directors from liability in cases where the directors are reasonably informed and not self-interested in the making of the business decision. The paper discovers that, unlike other jurisdictions, the Companies Act of Ghana does not codify the business judgment rule. This paper contends that codifying the business judgment rule in Ghana would strike a workable balance between the role of a director in exercising independent and unrestrained judgment on one hand, whilst also exacting accountability on the other hand, to safeguard the interests of the stakeholders of the company. As a way of developing a thesis upon which director conduct and compliance could be measured, this paper recommends that practical guidelines of best practice for directors should be formulated by the courts using the National Corporate Governance Code (National Code) developed by the Institute of Directors of Ghana as a guide. This is significant because, in order to achieve economic efficiency of companies, it is imperative to not hold directors liable for every business decision they make
THE CONVENTION ON BIOLOGICAL DIVERSITY AND ECOLOGICAL PROTECTION-RELATED LAWS AND POLICIES IN GHANA
This study sets out to examine the implementation of the Convention on Biological Diversity (CBD) in Ghana. A key objective of the study was to understand how the country has attempted to achieve sustainable development while reducing the risk to biodiversity and environmental pollution given its abundant natural resources. In an effort to achieve this and other related objectives of the study, the researcher adopted a qualitative approach to research which enabled him to gather relevant information in non-numerical format. The study consequently finds that though the country has introduced several legislations and policies to ensure ecological protection, several challenges still remain. Indeed, in Ghana today, attempting to ensure the functionality, orderliness and the usefulness of ecological protection policies such as those aimed at the effective implementation of the CBD necessarily requires that such policies have firm legitimacy among the local norms; legality alone is not enough. It is in view of this that the study advocates for a balanced obligation.
THE RESURGENCE OF MILITARY COUP D’ETATS IN AFRICA: A STEP FORWARD OR BACKWARD IN DEMOCRATIC GOVERNANCE?
This article discusses the resurgence of military coup d’états, in Africa, whether it is backward or forward movement in democratic governance on the continent. Recently there has been an upsurge in UCG in Mali, Burkina Faso, Sudan, Guinea and the latest now is Gabon. This trend is against Article 4(m) (p) of the Constitutive Act of African Union that condemns UCG; and the African Charter on Democracy, Election and Good Governance (ACDEGG), 2007. It is not also a surprise that some citizens of these countries where the unconstitutional change of government has taken place were found jubilating due to maladministration of the constitutionally elected leaders. This article aims at bringing the attention of global leaders to the regressive trend in the democratic progress of certain African nations. Doctrinal methodology is used and the data method is content analyses. The findings of the study show that some citizens of these countries are not enjoying dividends of democracy and that the military itself has not imbibed the dictates of civilian administration or rule on the continent. This paper concludes that the mere suspension of a particular country whose civilian administration has been overthrown is not enough deterrent to other countries in Africa, and stricter penalties is needed to be implemented against such country. It is one of the recommendations of this article that paper condemnation of illegal take over government and the suspension of such a country from AU is not enough deterrent to putsch in the continent.
INSECURITY AND TERRORISTS’ THREATS OF ATTACKS ON SELECTED NIGERIAN CITIES: IMPLICATIONS ON LAGOS RESIDENTS’ CONCERNS FOR SAFETY AND THE CITY SECURITY PLANNING
Terrorism is common but limited to certain towns in Nigeria. However, the nomenclature seems to be changing as security intelligence has it that terrorist groups are planning attacks targeting Lagos, and other notable cities. This study therefore examines concerns for safety among residents and implications on individual and city-level security planning in Lagos. The official wards as demarcated by the Independent National Electoral Commission represent clusters from which at least a respondent was randomly selected. The study’s respondents were selected from 49 (one of every five wards {20%}) wards out of 245 wards in Lagos. In the selected wards, at least two respondents were randomly selected. A total of 288 residents participated in the survey, but, only 134 respondents accurately completed the questionnaire used in this analysis, representing a 58.7% response rate. Results show that 78% of the respondents were concerned about their safety while some 90% took precaution by avoiding certain places and activities. Findings show significant relations between awareness of the planned attacks, concerns for safety, and precautionary behaviour among respondents. Besides, results show that respondents’ socio-economic characteristics, neighbourhood environmental design, and past crime victimisation mediate concerns for safety and security behaviour. The study concludes that the emergence of this security intelligence in the public domain has further contributed to the increasing fear and residents’ mobility change. The study recommends among others policing strategies, a new urbanism, where urban planning and design strategies are applied to make attacks more difficult to carry out in soft spaces and places.
TOWARDS ACHIEVING THE PURPOSES OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) FOR THE IMPROVEMENT OF HUMAN RIGHTS PROTECTION IN NIGERIA: ESSENTIALITY AND NECESSITY OF EFFECTIVE DOMESTIC ENFORCEMENT INSTITUTIONS
Corruption violates human rights and manifests in many forms including embezzlement, bribery, and money laundering. It is a crime which includes economic and financial crimes. It exists in every country of the world including Nigeria. The United Nations Convention against Corruption (UNCAC) 2003 was the direct legal response to prevent and combat the menace. The bulk of enforcement of the UNCAC is the duty of the State Parties via the domestic system but Nigeria has yet to domesticate same. This paper makes a case for the essentiality and necessity of effective domestic enforcement institutions in Nigeria towards achieving the purpose of the UNCAC.
TERMINATION OF CONTRACT OF EMPLOYMENT; REASON(S) REQUIRED OR NOT? A REVIEW OF GHANA’S LABOUR STATUTES AND CASE LAWS
The laws which regulate employment relations have gone through various stages from the master-servant relationship in the medieval period to the current statutory implied provisions embedded in employment contracts. In the current era of insatiable search for the rights and dignity of all persons across the world, the need to ensure decent work conditions has been of great interest. The right of workers to enjoy employment security is entrenched in the International Labour Organization (ILO) Convention on Termination of Employment (Convention 158) and Termination of Employment Recommendations in 1963. State parties to the ILO are required to incorporate such provisions in their national laws. The ILO Conventions and Recommendations on termination of employment contract require that employment contract should be terminated on a stated reason but not at the whim and caprices of the employer. Though Ghana has not yet ratified the ILO Convention 158, the passage of the Labour Act 2003, (Act 651) was guided by the provisions in the ILO Convention on Termination of Employment. Notwithstanding the safeguards provided in Ghana’s Labour Act to protect employees from arbitrary termination of employment, the judicial interpretations have maintained the view that an employer can terminate an employment contract without giving reasons. This interpretation placed the Ghanaian worker at the mercy of the employer. What is worse is that many negotiated collective agreements contain provisions for the termination of a contract of employment at will. A recent judicial interpretation has departed from the previous view that an employment contract can be terminated without reason, thereby giving a sigh of relief to the Ghanaian worker. This paper, through theoretical reviews, seeks to reinforce the judicial interpretation that there must necessarily be a reason for the termination of a contract of employment.
HARNESSING THE BENEFITS OF REGIONAL INTEGRATION SCHEMES IN ECOWAS: THE PLACE OF INDIVIDUALS IN THE 21ST CENTURY
The ECOWAS integration schemes envisaged that the place of individuals will require an in-depth consideration of the role individuals play, both as beneficiaries of integration (particularly as it relates to trade liberalisation, free movement, residence and establishment) and also, as potential victims of the rough side of integration, which will necessarily require the examination of how individuals may enforce their rights under the integrative instruments. Although several attempts at creating effective regional integrative arrangements in ECOWAS have been made, it is disheartening to state that economic activities involving individuals within the ECOWAS sub-region remain at its lowest ebb. This study reiterates that despite the efforts made to ensure that the ECOWAS integration agenda is realisable, it is in doubt whether citizens of the Community have actually felt free to move in, live and establish in any part of the sub-region of their choice without any attack either on their persons or their investments. This study reveals that attacks on foreigners and their businesses in the ECOWAS region have become legendary and remain a hindrance to the realisation of the ECOWAS objectives envisaged in its legal instruments. In view of the above, this study therefore, recommends that until these identifiable challenges are curtailed, member States may lean towards adopting a protectionist approach to its economic and citizenry affairs and thus, may not be favourably disposed to ensuring full implementation of the ECOWAS Protocols on the right of movement, residence and establishment.
LOCAL GOVERNMENT ADMINISTRATION: THE STATE GOVERNORS AND DEFICIT OF DEMOCRACY IN GRASSROOTS NIGERIA
After twenty-three years of the fourth democratic republic in Nigeria, there is a strong temptation to presume that democracy has taken firm roots at the grassroots. However, the whimsical manner by which the state Governors have subverted and hijacked the Local Governments (LGs) structures in their respective states suggests the contrary. The 1999 Constitution of the Federal Republic of Nigeria (as amended) makes provisions for elected LG Councils, yet, the Governors having being in firm charge have rendered these provisions illusory. They toy with the autonomy and vitality of the LGs, interfering and removing elected LG officials at their fancies. This study assesses the role of the state Governors in the determination of representations at the LG level in Nigeria and its effects in providing credible leadership for rural development. Data were gathered through primary and secondary sources such as 1999 Constitution of the Federal Republic of Nigeria (as amended), books relevant to the present study, peer review journal articles, judicial precedents, internet materials and newspaper reports. The above data were subject to content analysis. The paper finds that the LG elections in Nigeria are not given premium position by many state governments which robs the nation of a structured leadership development avenue. It also finds that the Electoral Management Body in the states are not independent. The paper, therefore, proffers Constitutional reforms as the way out of the wood. This will not only stop the Governors from acting capriciously and as omnipotent emperors, it will also allow the LGs enhance their capacity for optimum utilization of local initiatives through democratic means.
DATA PROTECTION AND PRIVACY CHALLENGES IN NIGERIA: LESSONS FROM OTHER JURISDICTIONS
Data protection and privacy challenges are prevailing issues in Nigeria and other developing countries in Africa. The crux of this paper is to examine the extent of the data and privacy challenges existing in Nigeria. Through a comparative analysis, this paper examined the existing provisions of data protection laws in some European countries and those of Nigeria with the aim of revealing the consequence of insufficient legislation to protect data or data users' privacy, the applicability and responsiveness of existing data protection laws in Nigeria, the dearth of legal precedents, the appalling lack of awareness of data privacy rights, and how it tends to handle or manage human rights violations. The paper adopts the doctrinal research method to identify these issues and propose viable solutions by comparatively examining the protection of data in Europe, with a focus on the legal regimes of data protection in the United Kingdom, Germany, and France. The paper concludes that Nigeria requires thorough data protection legislation like that of developed nations to provide effective data protection and a robust enforcement framework.
THE FISHERIES SECTOR IN GHANA: INSTITUTIONAL AND REGULATORY GAPS, CHALLENGES AND FUTURE PROSPECTS
The fisheries sector in Ghana contributes significantly to its socio-economic development. The sector contributes about 4.5% of Ghana’s Gross Domestic Product (GDP) and provides livelihood for an estimated 10% of the population.[1] The Ghanaian fishing fleet is made up of artisanal or canoe, inshore or semi-industrial, industrial trawler and tuna fleets,[2] all of which are regulated by the Fisheries Commission (FC). This paper examines the inherent institutional and procedural contradictions undermining the implementation of fishery law and policy in Ghana. The paper adopted a review approach by reviewing relevant literature including policies and legal documents, reports, journal articles, newspaper articles and interviews. The study reveals that contradictions undermining fisheries law implementation is due mainly to weak and inadequate enforcement, low compliance of fisheries laws, and inadequate institutional and human capacity.[3] The paper concluded that there is a lack of administrative and technical capacity, inadequate funding, and political influence during the prosecution of violators.[4] The paper recommended the need to increase funding for regulatory agencies, enhancement of human and institutional capacity, involvement of stakeholders in decision-making of fisheries management, continuous and effective collaboration with international donors, and between stakeholders.
CHALLENGES OF NIGERIA’S DIGITAL ECONOMY: WAY FORWARD
The digital economy is becoming a more important part of the global economy. The digital economy is worth $11.5 trillion globally, comparable to 15.5 percent of global Gross Domestic Product (GDP), and has risen two and a half times faster than global GDP over the past 15 years. The importance of the digital economy to a nation’s GDP cannot be exaggerated. For all its potential, the digital economy is yet a rough diamond. The paper argues that the government must act as a regulator in order for the country to fully profit from the digital potential available. To be an effective regulator, the government must endeavour to remain ahead of the curve, comprehend the nuances of this type of business, and recognise that the digital economy cannot be governed in the same way as a traditional industry. The government's involvement as a regulator may extend to areas such as intellectual property, taxation, data security, and cyber security. The study applied a conceptual, descriptive and analytical approach, relying on extant literature on the benefits and challenges in the digital economy, focusing on the participation of government to maximize the sectors’ potential. Data were collected from statutes and case laws, relevant books, journal articles, materials from periodicals in these fields and materials from the internet, all data obtained was subjected to content analysis.