Post-colonial Africa has been caught in military coups and civil wars. Incumbent leaders have refused to step down and hand over power post-elections or amended the constitution to not get voted out of power. In this context, three main challenges to democracy in Africa are military coups, lack of free and fair elections and illegal constitutional amendments to entrench de facto monarchy. To combat

Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the

The indigenous justice systems were modes of resolving conflicts in Tanzanian communities for millenia before the introduction of the common law system as it was applied in England. The introduced mode, despite its success, is encumbered with a number of challenges. Apart from the challenges, the restoration of one’s customs and traditions is what makes one a human. The conventional justice system

This paper argues that there is no hierarchy in the importance attached to the different categories of human rights. Hence, Civil and Political Rights (CPRs) and Economic, Social, and Cultural Rights (ESCRs) are both human rights and must be placed on the same pedestal. In a democracy, it is imperative that all rights be accorded equal treatment. The aim of this paper is to investigate whether Botswana

The South African Constitution, particularly its Bill of Rights, is regarded as one of the most progressive in the world. The Ugandan Constitution, adopted around the same time as its South African counterpart, also has a Bill of Rights. Lawyers and advocacy groups in both countries have taken advantage of their constitutions to challenge the government to enforce several rights ranging from health

On the occasion of its 25th Ordinary Session held in Bujumbura, Burundi, from 26 April to 5 May 1999, the African Commission adopted resolution ACHPR/res.38 (XXV) 99 on the appointment of a Special Rapporteur on the Rights of Women in Africa (SRRWA), retrospectively with the appointment taking effect from 31 October 1998. This means that the mechanism of the SRRWA is roughly making twenty years since

The spate of violent clashes between nomadic pastoralists and agrarian communities in Nigeria raises a number of legal and policy questions that had been long overlooked. Issues arising from the phenomenon range from questions over constitutionally guaranteed rights such as the right to own property, to questions over the inadequacies of Nigeria’s security apparatus as well as calls for land use reforms

Bigamous marriage has been outlawed under the Family and Criminal Codes of Ethiopia despite its wide practice in Ethiopia. This article examined the legality of judicial recognition of the effects of bigamous marriage by the Federal Supreme Court Cassation and its implications for the regulation of marriage. The article reviewed the substance of the current family laws in light of selected decisions

Financial crimes are debilitating problems for economies, especially emerging ones. The scourge of financial crimes includes money laundering, fraud, drug and human trafficking, terrorism financing, bribery, embezzlement, market manipulation, tax evasion, identity theft, forgery and cybercrime. These problems are so intractable and potentially destructive that the collective effort to prevent or contain

In the past decade or so, the subject of plea bargaining has assumed a, hitherto lacking, currency and has become more topical in Nigeria. This owes to the activities of the anti-corruption agencies which have, of recent, tended to use it in the resolution of cases. This increased use has resulted in outrage and condemnation of the practice. In order to ameliorate the perceived abuse of the practice

Though Nigeria is regarded as a secular state, there are two major religions which are predominantly practiced. Religious sentiments have permeated the societal space in Nigeria and often times the ardent practice and observance of religious tenets lead to perennial conflicts with governmental policies. It is one of the fundamental precepts of human rights that the religious belief of individuals should

As the world mourns and condemns the brutal death of George Floyd by police brutality, one cannot ignore, but reflect on similar atrocities committed against hundreds of Africans by virtue of their skin pigmentation. These victims are Africans with albinism (AwA). Widespread discrimination and targeted attacks against these individuals occur against the backdrop of an erroneous mythology that the body

Revenge pornography is the online distribution of sexually uncensored images or videos of another person without consent and to cause embarrassment or torment. Victims of revenge pornography suffer significant harm, including losing jobs and, in extreme cases, committing suicide. The public blames the victim for the role they played. Rather than victim-blaming, victims deserve a takedown order and

Six years after negotiations, the Economic Partnership Agreement between the European Union and the West African region is still in abeyance pending signatures from Nigeria. Following the fallout from the Cotonou Agreement, the proposed EPA was designed to comply with WTO rules on preferential trade agreements while reinforcing the long-standing relationship between the two parties. This article analyses

This paper traces the development of rehabilitative maintenance in South Africa. It illustrates that while there is no statutory provision dealing with rehabilitative maintenance in the country, courts are nonetheless, willing to make maintenance orders for limited periods. This paper shows that the criteria that courts use to grant this type of maintenance is not clear, making it difficult for legal

Historically, mental health has been clothed in secrecy in Nigeria. The mentally ill were sequestrated, disregarding their rights. Often victimized, they become suicidal without societal empathy and legal protection. Mental health law remains static, a Colonial legacy. Changing needs of society, socio-economic vicissitudes/depression affected the mental state of many Nigerians, which subsequently drove

The scope of the powers of the Public Protector was one of the main questions for determination by the Constitutional Court in the landmark case of Economic Freedom Fighters vs Speaker of the National Assembly. This note critically examines that case, especially in relation to its finding that the remedial actions of the Public Protector have a binding effect. The note argues that the court erred by

This article critically reviews the provisions of section 10(a) of the Nigerian National Broadcasting Commission Act 1992 (the Act). The section provides for the proscription of issuance of a broadcasting licence to religious organisations. This article, through literature review, argues that the provision of the Act infringes the provisions of the Constitution of the Federal Republic of Nigeria 1999

We researched how CSO s working in the area of sustainable development responded to regulatory restrictions on advocacy work using Ethiopia as a case study. We found that the restrictive laws had a severe impact: many CSO s had to shut down or limit their operational capacity to service delivery only. Those that survived continued to do advocacy work, disguised as service delivery. This shows that

The paper highlights the historical development of grazing reserves in Nigeria, the recent violent clashes between pastoralists and farmers taking into consideration the effects of grazing on land, causes and consequences of farmer-pastoralist conflicts and the adequacy of grazing laws. The paper contends that the Grazing Reserve Law 1965 applicable only to States in Northern part of Nigeria have not

African regional trade agreements often provide for dispute settlement mechanisms and procedures that should be followed. They also establish judicial bodies or tribunals for the respective African Regional Economic Communities. Despite the existence of judicial bodies, African governments do not usually litigate against each other on trade-related disputes. However, the few cases adjudicated by the

Not many states have effective national laws on prosecution of international crimes. Presently, of the 124 states parties to the Rome Statute of the International Criminal Court (Rome Statute), less than half have specific national legislation incorporating international crimes. Some faith has been placed in the ordinary-crimes approach; the assumption being that states without effective laws on international

Considering the reality that criminal proceedings suffer unwarranted delay due to spatial of antics habitually utilized by litigants to delay proceedings, this paper explores the judgment of the Supreme Court in Methu v FRN to determine whether, or not, exclusion of stay of proceedings is constitutional. The authors employed mainly doctrinal method, thus library based. It is established that antics

Governments often resort to communications surveillance in order to combat threats against national security. Communication surveillance infringes upon the right to privacy. In order to protect privacy, international law requires communication surveillance to be proportionate. However, very little has been written to justify why this right deserves such protection in Africa, given counter-arguments

It is an essential ingredient of sovereignty that every State has an absolute jurisdiction to determine the laws that apply within its territory and to determine, by its laws, the organ of the State that has the competence to make laws and the procedures to be followed. The competent organ that makes municipal law (the legislature) is usually different from the organ that makes international law (the

The use of specialised anti-corruption agencies (ACAs) to combat corruption is increasingly popular among African countries. This is no surprise considering the successes these agencies have recorded elsewhere in the world, on the strength of which they have been described as ‘the most innovative feature of the anti-corruption movement of the last two decades’. Yet while ACAs have been successful in

The level of obesity across the globe is on the rise and this is evidenced by the recent World Health Organisation’s (WHO) estimate of an increase in the worldwide prevalence of obesity which has nearly tripled between 1975 and 2018. Mauritius has a high rate of obesity which is evidenced by the Non-Communicable Diseases (NCD) report of 2016 indicating that around 54.2% of the participants are obese

On 23 November 2018, the Supreme Court of Zambia delivered a judgement which suggests that Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court anyone who criticises their judicial decisions. This article considers that judgement. It argues that whilst justice might well have been done in the case in question, it was certainly not seen to be done

While every year the people of the United Republic of Tanzania witness the new anniversary of the Union between the former Republic of Tanganyika and Zanzibar, this paper intends to examine how strong its legal foundation stands. The union was established by the two leaders; Nyerere for Tanganyika and Karume for Zanzibar. After their signatures, the agreement was required for ratification at Zanzibar

The Constitution of Ghana, unlike those of other African countries such as Zimbabwe, Kenya, and South Africa is silent on the issue of the admissibility of evidence obtained through human rights violations. Jurisprudence from Ghana demonstrates that although there had been cases in which the High Court and the Court of Appeal briefly dealt with this type of evidence, the Supreme Court, the highest

On July 9, 2018 Ethiopia and Eritrea signed a Joint Declaration of Peace and Friendship. On July 17, 2018 Ethiopia announced plans for landlocked Ethiopia to use Eritrea’s port of Assab. Ethiopia’s proposed use of Assab has implications for the indigenous Afar people who have lived in the port area for two thousand years. The United Nations Special Rapporteur on the situation of Human Rights in Eritrea

Artistic freedom of expression is guaranteed under the 1995 Constitution of the Republic of Uganda and other international instruments. This paper examines its application in all forms of art including paintings, music, poetry, novels, and plays. The paper examines the different legislation used in the restriction of artistic freedom of expression. It argues that these restrictions are contrary to

The claim that human rights are rights that all humans hold everywhere and at all times embodies the concept of universalism. There are however some that do not believe that human rights are universally held. Those who hold such views are widely described as cultural relativists. A rich body of literature exists with a particular focus on the divergence that exists between universalism and cultural

Indeed, intellectual property rights are not new to traditional African communities. Traditional legal systems of protection in Africa such as customary law protected the rights of members of these communities. These systems of protection are still used. There are also practices of monopoly from the past regarding the use of some products of creative works. This paper examines the various ways in which

Men and women have different health profiles which necessitate different health needs, as a result of their biology and their distinct status in society. Discrimination and harmful traditional practices in many societies in the global south further affect the reproductive health of indigenous women. The paper will highlight discrimination against women in patriarchal indigenous communities in Cameroon

The 2018 Petroleum Host and Impacted Communities Development Trust Bill before the Nigerian National Assembly was proposed to foster sustainable development (SD) and embed corporate social responsibility (CSR) in the oil and gas corporate activities within host communities. From the backdrop of SD and CSR as regulatory concepts, this article scrutinizes the Bill for its viability to realize its objectives

This paper examines the role of Internet Service Providers as bridges and intermediaries between private persons, organizations even government arms and the Internet and the liabilities placed on them by the law with regard to wrongful acts of their subscribers or clients under the laws of Nigeria. It is common knowledge that actions againstISPs are commonest with defamation and infringement of copyright

Internet crime can be defined as unlawful acts using the computer as either a tool or a target or both. Internet networks are used positively to conduct businesses, manage industrial and governmental activities, engage in personal communications, and conduct research. Also, certain confidential information is stored or passed through the medium of the internet. Credit cards containing information of

The increased presence of women on the boards of corporations is an international trend worth following by all countries. There are many good reasons for increasing gender diversity on boards have been evidenced by various studies such as better decisions, performance, and representation of the consumer base. However, the country of Mauritius has been lagging behind in terms of legislative initiatives

This article explores regulatory capture of aspects of company and securities law and the related law-making process by interest groups within Nigeria’s commercial and bureaucratic classes. Using several examples, the paper draws out the reach and character of these interests. The paper’s central argument is that the presence and reach of such group interests in Nigerian company law-making have hitherto

In the aftermath of the Omar al Bashir case, South Africa’s engagement with the International Criminal Court (hereafter the ICC) is at an anti-climax. Conventional perspectives from the decisions of the ICC assert the sanctity of treaty obligations. However, alternative perspectives can be explored. There is a need to address continuing dissatisfaction with and limitations of the Rome Statute. Dissent

The adoption of the Convention on the Rights of the Child (CRC) in 1989 marked an important step towards the ‘legal recognition and protection of the rights of children’. The inadequacies of the CRC regarding some issues peculiar to the African child, however, led to the adoption of the African Charter on the Rights and Welfare of the Child (ACRWC or African Children’s Charter) in 1990, to complement

The article provides an overview of the methods accepted to be critical for the laundering of illicit property, i.e. placement, layering, and integration. This is done to inform the reader of the obscurity the methods provide to illicit property and the possible costs involved. It is submitted that these typical methods would only be necessary when organised criminals launder huge sums of money. The

The African Charter on Human and Peoples’ Rights ushered in an era of human rights promotion and protection at the regional level. However, the African Commission, created for this purpose, continues to face challenges especially with regard to the protection of human rights. This article critically examines one of the core obstacles to the effective operation of the Commission’s protective mandate

In Kenya private prosecutions are governed by different laws. These are the Criminal Procedure Code, the Office of the Director of Public Prosecutions Act, the Constitution and case law developed by courts. The purpose of this article is to demonstrate how courts have invoked these laws to deal with the following issues that relate to private prosecutions: the right to institute a private prosecution

Under the Treaty Establishing the Southern African Development Community (the Treaty) one of the institutions of the Southern African Development Community (SADC) was the Southern African Development Community Tribunal (the Tribunal). The Tribunal was established as the sole judicial organ of SADC. The Tribunal was established as part of the reorganisation of regional integration efforts within Southern

Development-induced displacement has become one of the pressing human rights concern in Africa with thousands displaced by development projects across the continent each year. The political viewpoint that development projects are panaceas for economic development has often made their socio-economic implications for displaced persons’ pale in comparison.In a bid to address this form of displacement

Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice – especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries

Case law shows that private prosecutions have been part of Mauritian law at least since 1873. In Mauritius there are two types of private prosecutions: private prosecutions by individuals; and private prosecutions by statutory bodies. Neither the Mauritian constitution nor legislation provides for the right to institute a private prosecution. Because of the fact that Mauritian legislation is not detailed

In recent years, piracy has emerged as a growing problem in the gulf of guinea region (the region). The gulf has, in the past years, witnessed a sharp rise in pirate attacks. The aim of this paper is to assess the application and shortcomings of the current arrangements in addressing the problem of piracy in the region. In doing so, the paper presents the possible means of combating piracy in the region

The scourge of domestic violence as well as other forms of violence against women has eaten deep into the fabric of our society creating a lopsided gender balance with the female gender being the greatest victim. Violence has taken different forms ranging from sexual to physical and psychological as well as other forms. This degrades the humanity of the woman in our society. Abusive partners and perpetrators

Despite the fact that international instruments prohibit such activities, recent recurrent incidents involving the transboundary movement of hazardous wastes on the African continent highlight their inadequacies and ineffectiveness of international law in solving this problem. Despite some noticeable milestones achieved by the Bamako Convention, its shortcomings are conspicuous. In addition, the ban

There has been a focus on the prosecution of persons who are arrested in the course of poaching rhinos in national parks, other than the members who form the higher echelons of the networks. This contribution advances the argument that there is need to create a framework that leads to the prosecution of the higher echelons of the organised crime groups, who are usually beyond South Africa’s borders

Articles 4(2)(i), 10(3) and 26(2) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) impose an obligation on states to provide sufficient budgetary resources to realise women’s human rights. Despite the fact that several African countries have ratified the Maputo Protocol, there is still insufficient budgetary allocation to realise

The recent outbreak of Ebola Virus Disease (EVD) in the West African sub-region sprung challenges on the healthcare providers in the observance of their ethical rules in dealing with their patients and the State in fulfilling its obligations to ensure that the rights of patients are respected in times of public health emergency. The ethical rules of medical practice demand that the healthcare providers

The legitimacy presumption poses a threat to the equality of parties in a marriage/partnership in today’s constitutional society. The approach adopted by courts in paternity disputes reveals an ongoing inequality in marriages/partnerships. The marriage/partnership is being used by courts to prevent a husband/partner from introducing a paternity claim on the assumption that doing so is not in the best

For many people, access to land is necessary to realizing human rights. Although not clearly recognized in international human rights law, the right to land might be inferred from many of its provisions. In the Ethiopian context, the Constitution guarantees access to land. However, this right is being eroded because of the government’s measures to satisfy the ever-increasing demand for land through

This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted

This document is the Accepted Manuscript version of the following article: Thaddeus Manu, 'Ghana Trips Over the TRIPS Agreement on Plant Breeders' Rights', African Journal of Legal Studies, Vol 9 (1): 20-45, July 2017. Under embargo. Embargo end date: 31 July 2019. The final, published version is available online at doi: https://doi.org/10.1163/17087384-12342070. Published by BRILL.

In Australia, the market abuse prohibition is generally well accepted by the investing and non-investing public as well as by the government. This co-operative and co-ordinated approach on the part of all the relevant stakeholders has to date given rise to an increased awareness and commendable combating of market abuse activities in the Australian corporations, companies and securities markets. It