Entries on Law
Correctional Practice in Nigerian prisons today displays evidence of lack of clarity in objective. This problem partly derives from the historical controversy regarding the purpose of prison. The public is unsure of what the Prisons are supposed to be doing and how they are to do it. The result of this misunderstanding is conflicting expectations and assessment of the Prisons. Some members of the public accuse the system of brutalising offenders while others alleged that it coddles them. Any meaningful effort at evolving a policy for reshaping the prisons for greater effectiveness must begin by clearly articulating their mission. As Drucker (1973) has rightly observed, the institutions of the public sector must first address questions of mission to assess what is their business and what should it be. Therefore the crucial question we must ask here, and of society in general is why do we lock up people and what do we expect the imprisonment process to achieve?
Abstract: The Nigerian Civil War which was fought between the federal military government and the Biafran rebels between July, 1969 and January, 1970 has generated a plethora of literature. Critical evaluation of these literary works has taken different perspectives. However, this essay takes a legalistic method that uses Akachi Adimora-Ezeigbo’s very recent novel, Roses and Bullets, to address the compliance or non -compliance of the war to the principles of international humanitarian law. It examines the fate of combatants, wounded, sick and dead soldiers in the world of the novel. It equally scrutinizes the life of the civilian population, particularly the women, children and refugees, who are caught in the conflict. The role of the medical personnel and international humanitarian bodies are examined as well as the punishment meted out to the perpetrators of abduction, rape, torture, cruel and inhuman treatment that violate the laws of the nations.
Background The Eighteenth Amendment to the Constitution introduced in a period referred to as Prohibition during which the production, distribution as well as the sales of alcoholic beverages was unlawful. The passage of the Eighteenth Amendment in 1919 was the craving success of the temperance movement but it soon became highly infamous. Crime rates increased during prohibition as gangsters; for instance, AL Capone became a wealthy form; profitable and yielding and usually a violent black market for Alcohol. The Federal Government was incapable of eliminating the tide; corruption was proved to be a nearly challenging task. In 1932; a wealthy industrialist was against the Eighteenth Amendment as they expressed their opinion As more and more Americans were against the Eighteenth Amendment, a political movement enticed rapidly for its repeal. Also; repeal was complexed by grassroots politics. Notwithstanding; the United States (US) constitution provided two means of formally approving constitutional amendments; only one of them is been applied up till date and that was for the approval by the state legislatures of three-fourth (3/4) of the states. Also; the wise decision of the day was that the lawmakers were either simply fearful or behold ends the temperance lobby. As a result of that reason; when congress officially suggested repeal of prohibition on February 20, 1933 (with the requirements of two-thirds having voted in approval in each house; 269 to 121 in the United States (US) House of Representatives and 63 to 21 in the United States (US) senate). It selected the second ratification (approval) method set up by Article V that was being through States conventions. The Twenty-First Amendment (Amendment XXI) is the sole constitutional amendment approved by State Conventions rather than by the approval of the State Legislatures.
The disobedience of court orders in Nigeria in recent times has taken another dimension. The court is gradually beginning to lose its integrity as a result of flagrant disregard of its orders and judgments especially from other arms of government. For there to be a smooth running of government under a democratic dispensation, there must be respect for the judiciary as an institution with full legal clothing from the Constitution and other legislative enactments made pursuant thereof. Disregard for the orders and judgment of a court surely does no good to the rule of law and democratic process; instead anarchy and impunity become the order of the day. Therefore, the essence of due regard for the orders of a court of law cannot be overstated as it underpins the assurance of stability and due course of the law. The titling of impunity towards the administration of justice in Nigeria does have monumental consequences and places the law in a continuous pendulum heading for a plunge. This paper examines contempt of law in Nigeria and the regard the law has been as a result of disobedience to court orders and proffers solution on how the law can be at ease through the administration of effective justice.
The beacon of democracy is in fact a free and fair press. Respect for the freedom of expression and the right of the public to access and receive information are the yardsticks to evaluate the existence of the rule of law and ultimately, popular democracy. Independence of the press from the shackles of the State is nonetheless an essential factor in any democratic environment. Freedom of the press is accorded respected status because it is indeed the ultimate value of any democratic society. More so, the press is regarded as instructions of self-government by the people who are under this right informed and educated about the affairs of the government and thus enabling them to form or express opinions on such matters
Hitherto, there used to be a conflict between the Federal High Court and the National Industrial Court in terms of their jurisdictions. However, the case was laid to rest though unfortunately resurrected after a military junta. This article seeks to analyse the constitutional framework for the jurisdiction of the Federal High Court (FHC) and also to highlight the expansion of the jurisdiction of the National Industrial Court (NIC), especially, in trade dispute resolutions beyond the provisions of the Trade Disputes Act.