The National Grazing Reserve Bill: “An ill wind that will blow no good”

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By Ebun-Olu Adegboruwa

In recent times, the nation has been awash with news of a certain grazing bill pending before the National Assembly for consideration. Up till now, no one is sure as to the exact purpose for the said Bill, save that it was said to be meant to address the incessant Fulani attacks, especially on farms and local settlements. This Bill has been rejected by all concerned, especially because of its manifestly dangerous consequences on us as a nation.

The grazing bill

Perhaps the best way to start is to examine the details of the said Bill, as it affects everyone. The proposed Grazing Bill is for the establishment of national grazing routes and reserves for the Fulani herdsmen.

The essence of this Bill is to establish National Grazing Routes and Reserves Commission, which shall acquire lands in all the 36 states of the Federation for the purpose of grazing and ranching.

It is targeted to curb incessant conflicts between nomadic herdsmen and livestock farmers and settlers in Nigeria. The central objective is to foster national cohesion and eliminate intra-state conflicts. The bill, when enacted into law, will be known as the National Grazing Route and Reserve Commission. Its functions: When enacted into law, the commission is expected to establish cattle routes, farm camp and grazing reserves in different parts of the country. Continue reading “The National Grazing Reserve Bill: “An ill wind that will blow no good””

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Federal Characterism Through the Eye of the Federal Character Commission Act

Federal Characterism Through the Eye of the Federal Character Commission Act

By: Oluwakemi S. Adeyemi[1]

1.0. ABSTRACT

And the saying pleased me well: and I took twelve men of you, one of a tribe: Deuteronomy 1:23 KJV

This excerpt from the record of Moses, the charismatic leader and prophetic representative of God showed in practical form what the world has come to canonise as Federal Character. The Israelites at this time were 12 twelve children of the same patriarch, Jacob or Israel. They were Reuben Simeon, Levi, Judah, Zebulun, Issachar, Dan, Gad, Asher, Naphtali, Joseph and Benjamin[2]. For reasons outside the scope of this write-up, Levi ceased to be considered a member of the tribe of Israel and became priest to his brothers. Joseph’s two sons i.e. Ephraim and Manasseh became tribes in Israel as Jacob, Joseph’s father considered them his sons[3]. If a nation that was as closely knitted as Israel needed an entrenched principle and practice of Federal Character, how much more a nation like Nigeria that has no similar heritage in its over 100 years of existence? This write-up is meant to consider the ideal of Federal Character through the provision of the Federal Character Commission Act.

1.1. INTRODUCTION AND DEFINITION OF TERMS

The Federal Character Commission[4] (hereinafter simply called The Commission) was established pursuant to the provisions of the Constitution[5] and the Federal Character Commission Act as one of the exclusive group of seven commissions that are not subject to the direction or control of any other authority or person. Continue reading “Federal Characterism Through the Eye of the Federal Character Commission Act”

Invitation To Treat, Offer, Counter-Offer & Acceptance: A Critique of Union Bank of Nigeria Plc. v. Ogunsiji

contract

By: OLUWAKEMI STEPHEN ADEYEMI

1.0. ABSTRACT

The Law of contract forms a major part of Nigerian civil law inherited from the British Common Law and it is a means by which individuals confer rights and impose duties on themselves through their mutual consent. It is distinguishable from the Law of Torts in that in the latter, the Law as against individuals creates the rights and obligation. The Law of Contract is mainly Judges-developed branch of law and has remained settled with only few and far in between changes over the years.[1] As a settled rule, a contract requires offer as distinct from an invitation to treat, an acceptance not a counter-offer, consideration and some do and are entitled to add intention to create legal relationship to be valid and enforceable by law. The certainty that has come to be a part of the Nigerian Law of Contract was threatened by the Court of Appeal’s Judgement in Union Bank of Nigeria v. Ogunsiji which forms the subject of this critique. Continue reading “Invitation To Treat, Offer, Counter-Offer & Acceptance: A Critique of Union Bank of Nigeria Plc. v. Ogunsiji”

Legal Opinion on whether the Supreme Court of Nigeria can exercise its Discretionary power to adjudicate on the same matter it has already decided on

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For this legal opinion, I submit that the best place to begin is from the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“The Constitution”).

The Constitution provides for the creation of the Supreme Court of Nigeria by virtue of Section 230(1). It further articulates its constitution, its appointment procedure, its jurisdiction and its powers.

What is of utmost importance to this legal opinion is the powers of the Court conferred on it by the Constitution to hear certain cases and whether it gives them the right to adjudicate on the same matter it has already decided on.

According to s.232(1) of the the Constitution of the Federal Republic of Nigeria 1999, The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. Continue reading “Legal Opinion on whether the Supreme Court of Nigeria can exercise its Discretionary power to adjudicate on the same matter it has already decided on”

‘Discharged & Acquitted’/ ‘Acquitted & Discharged’ , The Proper Court Order Upon A Finding Of Innocence: A Consideration Of George v. Federal Republic of Nigeria (2014) 1 CLRN 1

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By: Oluwakemi Stephen Adeyemi

1.1. ABSTRACT

In a criminal trial, upon the conclusion of the cases of both sides of the divide i.e. the prosecution and the accused or defendant (if the jurisdiction is Lagos State)[1] or upon the abrupt end of the case be it for lack of diligent prosecution or the Attorney General’s decision to discontinue prosecution[2], the trial court is entitled to convict, discharge and acquit or simply discharge.

The thrust of this write-up is to consider from available case-law, the proper order to make upon the finding of the innocence of a defendant as between “discharge and acquitted” and “acquitted and discharged.” In doing this, the case of George v. Federal Republic of Nigeria[3] will be considered, the purports of a discharge order and an acquittal order will be considered and the opinion of a member of the Supreme Court panel that heard the appeal; Ngwuta JSC will be put under the spotlight.


Continue reading “‘Discharged & Acquitted’/ ‘Acquitted & Discharged’ , The Proper Court Order Upon A Finding Of Innocence: A Consideration Of George v. Federal Republic of Nigeria (2014) 1 CLRN 1”

Tunisia: A Step Forward for Women’s Rights

Tunisia’s parliament adopted a new law on November 10, 2015, that will allow women to travel with their minor children without getting permission from the children’s father.  The Tunisian authorities should next ensure that all domestic laws conform to international standards and eliminate other forms of discrimination against women.

Tunisian authorities have a long-established practice of preventing women from leaving Tunisian territory with their children without the father’s authorization. Fathers were not subject to such a practice. The new law prohibits the authorities from discriminating against women this way by adding an article to the Tunisian law on passports allowing either parent to authorize a minor’s travel. Continue reading “Tunisia: A Step Forward for Women’s Rights”

Do internally displaced people have rights under the law?

ACCORDING to annual figures from the United Nations in 2014, there were almost 60 million refugees and internally displaced people (IDPs) around the globe right now. That is about one in every 122 people worldwide. This is roughly the equivalent of the entire population of Italy. The number of refugees and IDPs last exceeded 50 million during World War. However, the figure was astonishing at that time given that the global population was significantly smaller then.

The ever-increasing number of refugees and IDPs pose enormous challenges to the international community and has even proved capable of sparking tensions in areas and regions that were previously untroubled. Simple requirements as to food, shelter, medical care and hygiene, through sheer quantitative needs, create huge logistical problems for the host government and communities in terms of procurement, adequate and equal distribution.

It is against this backdrop that this presentation seeks to analyze the legal protection available to displaced persons and refugees with respect to their fundamental human rights and recommend some viable options for a responsive and responsible government. Continue reading “Do internally displaced people have rights under the law?”