UCC Law Journal

INSECURITY AND TERRORISTS’ THREATS OF ATTACKS ON SELECTED NIGERIAN CITIES: IMPLICATIONS ON LAGOS RESIDENTS’ CONCERNS FOR SAFETY AND THE CITY SECURITY PLANNING

Adewumi Israel Badiora, Richard Abayomi Aborisade (Author) — Thu, 01 Feb 2024 00:00:00 +0000

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.

TERMINATION OF CONTRACT OF EMPLOYMENT; REASON(S) REQUIRED OR NOT? A REVIEW OF GHANA’S LABOUR STATUTES AND CASE LAWS

Solomon Gyesi (Author) — Thu, 01 Feb 2024 00:00:00 +0000

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.

THE RESURGENCE OF MILITARY COUP D’ETATS IN AFRICA: A STEP FORWARD OR BACKWARD IN DEMOCRATIC GOVERNANCE?

Joel Adelusi Adeyeye, Agnes Omotayo Adeyeye (Author) — Thu, 01 Feb 2024 00:00:00 +0000

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.

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

Irene Airen Aigbe, Anthony Cosmas Essiet (Author) — Thu, 01 Feb 2024 00:00:00 +0000

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.

HARNESSING THE BENEFITS OF REGIONAL INTEGRATION SCHEMES IN ECOWAS: THE PLACE OF INDIVIDUALS IN THE 21ST CENTURY

Julius Edobor (Author) — Thu, 01 Feb 2024 00:00:00 +0000

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.

THE CONVENTION ON BIOLOGICAL DIVERSITY AND ECOLOGICAL PROTECTION-RELATED LAWS AND POLICIES IN GHANA

Thomas Prehi Botchway (Author) — Thu, 01 Feb 2024 00:00:00 +0000

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.