| 1 |
Author(s):
T.A. Yusuf (Esq), E.L. Effiong (Esq), G.R.C. Ibekwe.
Page No : 1-20
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Examining Judicial Decisions on the Terms Case Stated and Reference on Constitutional Questions in A Common Law Jurisdiction
Abstract
The library is to a lawyer what a laboratory is to a scientist. While conducting research in the library, a lawyer sometimes may come across legal terms, the meaning and use of which he must be certain about so as not to convey another meaning other than the one, he has in mind to his audience or reader. Legal terms and expressions sometimes could be synonymous and to the unwary legal researcher to be the same. An example of this are the terms ‘Case stated’ and ‘Reference on constitutional questions. The objective of this paper is to highlight the similarities and differences if any between the two legal terms and its data is derived from specific decided cases from the common law jurisdiction of Nigeria which would be used in pursuit of its stated objective.
| 2 |
Author(s):
Mustapha Salihu.
Page No : 21-39
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Holy or Unholy Alliance? Political Coalition, Interest Articulation and Governance in New Democracies
Abstract
Employing qualitative content analysis and building on the submissions of coalition data theories, the study ascertains the governability and extent to which Nigeria’s ruling coalition, the All Progressives Congress (APC) is able to effectively aggregate various political interests and deliver on its campaign promises. Within mainstream studies, there is a consensus on the uphill task of labelling political parties as office, or policy seeking, exclusively. Nonetheless, the study argues, despite running on key programs of fighting corruption, countering Boko Haram and diversifying the economy, the APC fits the description of an office-seeking coalition. Although the party attracted key regional power brokers from two main opposition parties, the Congress for Progressive Change and Action Congress, and aggrieved members of the former ruling party, now main opposition the then ruling People’s Democratic Party. Shortly after it took power in 2015, the APC could not reach a consensus on the appointment of principal officers for the 8th National Assembly, as this was the practice. The maneuverings that led to the selection process, the uneasy relationship between legislature and executive, as well as attempts by leaders from coalescing parties to superimpose on the party which had adverse effects on the supremacy of Nigeria’s ruling coalition and institutionalization of partisan party politics. While conflicts of interests are not unusual in politics, its prevalence within Nigeria’s ruling coalition adversely affects the probability of the party to actualize its campaign programs, given the seeming battle for the soul of the party. However, the dissolution of the party’s National Working Committee in 2020 and the constitution of the APC Caretaker committee by President Muhammad Buhari suggests, the party is making conscious attempts to reconcile aggrieved members, register new members and retrace its steps in preparation for the 2023 general election.
| 3 |
Author(s):
Sheriff Ghali Ibrahim, Chubado Babbi Tijjani, Ahmet Arabaci.
Page No : 40-52
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The One-China Policy and Implications of U.S. Invariable Support for Taiwan
Abstract
This paper discusses the concept of the one-China policy and how the United States support of Taiwan poses a challenge to stability in the region. The paper adopted the library descriptive instrument from historical research to come up with the available data in the paper. Findings show that, since 1949, the struggle between the Nationalist Republic of China and the Communist party escalated into a civil war which resulted in the defeat of Kuomintang and the establishment of the People's Republic of China (PRC), which took control of all mainland China. Only the island of Taiwan remained under the control of the ROC. Since then, both the ROC and the PRC have been claiming to represent all of "China", and both officially claim each other's territory. The paper concludes that China cannot forfeit the strait of Taiwan despite American support to the island. The deteriorating relationship between the U.S and China relationship has seen trade wars to accusations on the origins of the coronavirus to political buffering, to the sovereign of Taiwan and Hongkong, it just seems to be a manifestation of the Sino-American Cold War. The way things appear, the relationship between the U.S and China will further deteriorate largely because democracy and liberal order are being challenged by the political posture of China. The paper recommends that there is the need to maintain the non-interference principle by the two parties, the United States should know that Taiwan is China and therefore not meddle in the affairs of China and vice-versa.
| 4 |
Author(s):
Sheriff Ghali Ibrahim, Esther Nuhu.
Page No : 53-60
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The South China Sea Impasse and Implications for World Politics
Abstract
The paper examines the South China Sea impasse between China and its neighbours in the region as well as the United States, which tries to see the sea as an open maritime area for international navigation. Using the secondary documented literature, findings show that the South China Sea is naturally endowed with variegated natural resources ranging from oil, gas and habitable islands that can be developed and this is the reason behind the impasse. The paper concludes that the South China Sea is increasingly a hotspot of conflict between China and the US; it is the subject of several overlapping territorial disputes. Like in most geopolitical tensions, trade would be a prime casualty in case of an escalation. The paper recommends that China, which is the claimant of the South China Sea, and other countries involved should dialogue and come up with policies that are favourable to all parties involved.
| 5 |
Author(s):
Chukwubuikem J.S. Azoro, Chinedu A. Onah, Queen O. Agulefo.
Page No : 61-70
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Weak Institutions and Poor Governance in Nigeria: A Socio-Legal Perspective
Abstract
The Nigerian state as a governance template has been dominated by the vexatious problem of underdevelopment since post-colonial history. Good governance and development as an intertwine concept have largely been elusive, rather, poor governance has dominated the Nigerian society, resulting from leadership problems, pervasive corruption, the existence of multiple centres of loyalty base regime, ethnic and religious interest among others, all indicative of weak, underperforming or non-performing institutions of government. This paper made an in-depth inquiry into the correlation between weak institutions and poor governance, highlighting the Nigerian situation. It critically analyzed the concept of good governance as the opposite of poor governance. This paper found that unless the Nigerian state cures itself of the malaise of weak institutions and procures a situation where both the leaders and the led imbibe the ethos of good governance, it will continue to struggle with the burden of poor governance and the concomitant lack of social development it breeds in the society.
| 6 |
Author(s):
Philippa Osim Inyang.
Page No : 71-87
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The Necessity for Revisiting Direct Corporate Human Rights Obligations in the Current Business and Human Rights Treaty Process
Abstract
The international community has awoken to the reality that transnational corporations (TNCs) do not only control more resources than a good number of states. They wield enormous influence in the corporate world which greatly impacts on local cultures and initiatives. Many of these TNCs, who operate in developing states, engage in activities which frequently result in human rights abuses. Several states rely on the resources extracted by these large corporations as the main stay of their economies. Consequently, they lack the economic capacity and political will to effectively regulate the activities of the TNCs, leaving these entities to perpetrate human rights abuses in the local communities with impunity. Although the Human Rights Council, through the Inter-governmental working group on Business and Human Rights, has begun a treaty process on business and human rights to address these issues, the work of the IGWG, so far, has not adequately responded the root cause of the corporate impunity, which is their unwillingness and inability to hold corporate entities accountable for their harmful activities. Thus, this paper proposes that the issue of direct human rights obligations on corporate entities should be revisited in order to ensure that corporate entities do not escape accountability for human rights harm resulting from their activities.
