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The 30% Gender Quota Law in Sierra Leone: A Game Changer for Women’s Access to Parliament? African Journal of Legal Studies (IF 0.1) Pub Date : 2024-07-31 Victoria Melkisedeck Lihiru
The June 2023 elections in Sierra Leone occurred against the backdrop of amendments to the Public Elections Act (pea), the enactment of the Gender Equality and Women’s Empowerment Act (gewe), and a switch from the First Past the Post (fptp) electoral system to the Proportional Representation (pr) electoral system. For the first time in Sierra Leone’s history, law reforms, among other things, introduced
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Cybercrime Investigation and Prosecution in Nigeria: Bridging the Gaps African Journal of Legal Studies (IF 0.1) Pub Date : 2024-07-31 Ifeoma E. Nwafor
The investigatory framework of cybercrime is as essential as the legal and institutional framework governing cybercrime. This article argues that an effective investigation process is fundamental to the effective prosecution of cybercrime offences. Cybercrime investigation involves digital forensics, intelligence gathering, lawful interception, and use of communication data and internet networks. At
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An Assessment of the Impact of Corporate-Driven Foreign Land Investments on Selected Human Rights in Mozambique African Journal of Legal Studies (IF 0.1) Pub Date : 2024-07-10 Bhavna Mahadew
This article focuses on the impact of land investments in Mozambique. It examines the effects these land investments are having on local people’ access to food and sustenance, culture, land and water, and political engagement in some Mozambican provinces and areas. The next section critically evaluates whether human rights related to the aspects are being violated, as well as Mozambique’s legal obligations
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Constitutional Damages in South Africa: A Transformative Approach African Journal of Legal Studies (IF 0.1) Pub Date : 2024-07-05 Emile Zitzke
This article explores when constitutional damages can and should be awarded in South African law. The history of the divergence between common-law damages and constitutional damages (and the uncertainty that might arise about which type of damages a victim of an injury ought to pursue) is explored. Thereafter, a critical and constructive interpretation of the case law on constitutional damages is provided
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Assessing Biodiversity Loss and the Challenge of Implementing Nature Conservation Laws in Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2024-06-13 Daniel Ogunniyi, Angela Azeta
Despite multilateral global efforts to improve biodiversity conservation, the African biodiversity range is increasingly facing existential threats. The Red List of Threatened Species (RLTS) adopted by the International Union for the Conservation of Nature (IUCN) to protect relevant species is not effectively implemented in many African countries. In this study, we identify the legal mechanisms to
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A Comparative Analysis of the Power of the Attorney-General to Enter a Nolle Prosequi under the 1999 Constitution of Nigeria African Journal of Legal Studies (IF 0.1) Pub Date : 2024-06-13 Andrew Ejovwo Abuza
The 1999 Nigerian Constitution gives the Attorney-General the power to enter a nolle prosequi in criminal proceedings. There are no constitutional provisions that expressly subject the exercise of the constitutional power of nolle prosequi by the Attorney-General to judicial review. This lacuna is being abused, as some Nigerian attorneys-general have, since the coming into force of the Constitution
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The Impact of Sanctions against the Republic of Guinea to Promote Respect for the Constitutional Order African Journal of Legal Studies (IF 0.1) Pub Date : 2024-06-13 Elisenda Calvet-Martínez, Thierno Souleymane Barry
This article analyses to what extent sanctions adopted by regional organisations can help bring about better democratic processes in the region, focusing on the case of the Republic of Guinea. Overthrows are not the only threat to democratisation in Africa. There is a wave of “constitutional coups” or “third-termism” that incumbents have used to extend their term in office with the appearance of legality
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Remote Hearing in Morocco: Limits of Technology and Their Impact on the Fairness of Trials African Journal of Legal Studies (IF 0.1) Pub Date : 2024-06-13 Anouar Hatim
Moroccan courthouses are increasingly using videoconferencing technology to connect an accused remotely to a judicial hearing. While videoconferencing is more than just a technological tool, it continues to raise several legal concerns due to the seriousness of the legal rights and principles at stake. This article examines how videoconferencing technology is faithful in enshrining a natural and effective
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South Sudan’s Transitional Constitution: the Making, Failure and Lessons African Journal of Legal Studies (IF 0.1) Pub Date : 2024-04-03 Mark A. W. Deng
The period 2005 to 2011 has a special significance for the people of Sudan. It not only saw the emergence of South Sudan as an independent country, but it also marked the beginning of formal constitution-making in South Sudan’s tumultuous political history. Two important documents – the Interim Constitution 2005 and the Transitional Constitution 2011 – were enacted during this period. I discuss both
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Exploring Attempts at Judicial Resolution of the Nkonya-Alavanyo Communal Conflict in Ghana African Journal of Legal Studies (IF 0.1) Pub Date : 2024-04-03 Prince Duah Agyei, Felix Odartey-Wellington
While the literature on the Nkonya-Alavanyo conflict references litigation and its apparent ineffectiveness in resolving the conflict, there is a paucity of detail about this litigation. This paper contributes to a more holistic comprehension of the discourses structuring resolution attempts in this conflict, with lessons for the resolution of communal conflicts generally. Drawing on archival data
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Ascertaining the Effect of Limitation of Time for Recourse against International Arbitral Award in Nigeria African Journal of Legal Studies (IF 0.1) Pub Date : 2024-04-03 John Funsho Olorunfemi, Kingsley Ibe
Unlike article 34 of the UNCITRAL Model Law which prescribes three months limitation period for recourse against arbitral award, section 48 of the Nigerian Arbitration Act (ACA) does not specifically contain any limitation period. However, section 29(1) of the ACA which has general application provides for three months limitation period from the date of award within which a party can apply to set aside
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Legal Dilemmas from Zitto Zuberi Kabwe v The President of the United Republic of Tanzania & Three Others: a Case Note African Journal of Legal Studies (IF 0.1) Pub Date : 2024-04-03 Lukiko Vedastus Lukiko, Hassan Kimela
For the first time in Tanzania’s constitutional law jurisprudence, the court delivered judgment against the President on 5 December 2022. The decision was revolutionary as it opened the door for suits to be instituted directly against the President. Despite its jurisprudential significance, the utility of this judgment is washed away by some legal dilemmas that the Court left unaddressed. This case
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Analysis of the Right to Protest and Freedom of Assembly in Selected African Countries with a Focus on Nigeria African Journal of Legal Studies (IF 0.1) Pub Date : 2023-11-24 Adetutu Deborah Aina-Pelemo
The derivative rights of citizens to protest and join fellow citizens in peaceful assembly are critical to a functioning democracy. However, the violation of this right by the institutional authority in-charge of its implementation is becoming worrisome. This study seeks to address the violation of fundamental human rights to peaceful assembly vis-à-vis the civil liberty to protest. Notable peaceful
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Freedom of Assembly in Zimbabwe African Journal of Legal Studies (IF 0.1) Pub Date : 2023-11-24 Simbarashe Tembo, Annie Singh
The past two decades have witnessed a protracted struggle for human rights in Zimbabwe. The adoption of the new constitution in 2013 provided a glimmer of hope for a new constitutional dispensation founded on a human rights culture. To this end, the Constitutional Court duly adopted a rights-based adjudication. This is evidenced by the declaration of unconstitutionality of certain sections of the Public
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Role of Gender Policies and Laws in Enhancing Women’s Participation in the Resolution of Land Conflicts African Journal of Legal Studies (IF 0.1) Pub Date : 2023-11-22 Benson Mutuku, Anja Krumeich, Jane Alaii, Borne Hubertus van den, Ingrid Westendorp
Gender mainstreaming is a strategy to end women’s exclusion and further gender equality by using general policies and laws. The Government of Kenya has made strides in realising gender equality with the adoption of different general and gender-specific policies and laws. The reality is, however, that gender equality is far from being achieved across the country. With a focus on land conflicts, this
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Beyond the Universalist and Cultural Relativist Debate African Journal of Legal Studies (IF 0.1) Pub Date : 2023-07-04 Adetokunbo Johnson
This article explores how the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Protocol or African Women’s Protocol), concerned with realising gender equality in Africa, can guarantee gender equality yet retain African women’s valued cultural identity within customary African marriages. These marriages have certain cultural practices that are fundamental
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Labour Rights as Human Rights: Advancing the Positivists’ Argument African Journal of Legal Studies (IF 0.1) Pub Date : 2023-07-04 Emuobo Emudainohwo
The question whether labour rights are human rights has provoked a lot of debate among scholars. Surveying the literature, three different approaches are identified namely, Instrumental Approach, Normative Approach and Positive Approach. These approaches are outlined to navigate the discussion herein. The paper supports, explores and develops the Positive Approach with reference to the principle of
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Punishment before Trial: The Case for Reforming Pretrial Detention in Nigeria African Journal of Legal Studies (IF 0.1) Pub Date : 2023-07-04 Chuka Arinze-Onyia
In decent society, before a person is punished, they must have committed a crime. The laws of democratic countries prohibit punishment before trial. In Nigeria, that prohibition is contained in the constitution which grants everyone accused of crime, the right to a fair trial and the right to be presumed innocent until otherwise is proven. This paper tries to show that despite these constitutional
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Right to Development Governance: A Policy Proposition for the Kingdom of Lesotho African Journal of Legal Studies (IF 0.1) Pub Date : 2023-07-04 Carol Chi Ngang, Itumeleng Shale, Denis Nfor Yuni, Seroala Tsoeu-Ntokoane
In this article, we advance a right to development governance policy proposition for the Kingdom of Lesotho. Contrary to the grim realities that portray Lesotho as landlocked and least developed, the country presents enormous potential, which with the correct policy choices, can radically transform the development landscape across the country. To harness Lesotho’s multiple development futures with
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Sustainable Internal Security in Nigeria: Any Role for International Human Rights Law? African Journal of Legal Studies (IF 0.1) Pub Date : 2023-07-04 Somadina Ibe-Ojiludu
Since Nigeria’s restoration to democracy in 1999, the country has never faced the same level of internal security threat as it does now, including threats from Boko Haram rebels, herdsmen and bandits. This paper argued that the problem of internal insecurity in Nigeria is a symptom of a failed state and that this can be remedied by the adoption of the concept of new approach to security in international
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The Conundrum of Two Fellows in The Same Ship: A Comparative Legal Analysis of The Duplicity of Damages in South Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2023-04-15 Bronwyn Le-Ann Batchelor, Shelton Tapiwa Mota Makore
South African law recognizes the common law right of the plaintiff to institute a claim for damages arising from loss caused by the delictual conduct of the defendant. In addition to the claim for common law damages for pain and suffering, insult, shock, past and future medical expenses, and loss of enjoyment of the amenities of life, depending on the nature of the delict, the plaintiff also has the
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Credible Commitment or Sham Devotion to the International Criminal Court: Whither Nigeria, Kenya and Uganda? African Journal of Legal Studies (IF 0.1) Pub Date : 2023-04-15 Sylvester Anya, Adrian Osuagwu, Emmanuel Onyeabor, Joycelin Okubuiro, Matthew Nwankwo, Daniel Onyeonagu, Ifeoma Enemo
There is a pattern of inconsistent behaviour among some African states towards the International Criminal Court (ICC) showing credible commitment and sham devotion. This study poses a question: what will be of the status of Nigeria, Kenya and Uganda (the Triad) vis-à-vis the ICC by the end of 2023, considering the pattern of behaviour of these states so far, evidence from data and the spate of domestication
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The Excluded Population: Indigenous Peoples’ Right to Health in Cameroon African Journal of Legal Studies (IF 0.1) Pub Date : 2023-01-11 Esther Effundem Njieassam
The right to health has gained international recognition. The Pygmies and Mbororo of Cameroon are yet to enjoy this right. The right to health is relatively related to and dependent upon the realization of other human rights as explicated in the International Bill of Rights as they form an integral part of the right to health. Despite some noticeable strides made by the government of Cameroon in ensuring
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Mechanisms Used by Multinational Oil Companies to Derail Human Rights and Environmental Litigations Arising from the Niger Delta African Journal of Legal Studies (IF 0.1) Pub Date : 2023-01-04 Nkem Violet Ochei, Elimma C. Ezeani, Craig Anderson
Multinational oil companies (MNOCs) usually claim that they have several obligations to protect human rights and the environment where they operate and to resolve any disputes with local communities arising from their operations in the shortest possible time. However, the combative approach taken by MNOCs (e.g. several interlocutory appeals, challenging the legal standing of plaintiffs) during human
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Beyond Banks: A Case for Interagency Collaboration to Combat Trade-based Money Laundering in Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2022-10-15 Nkechikwu Valerie Azinge-Egbiri
Regulation regarding trade-based money laundering (TBML) has focused mainly on documentary trade financing arrangements, which are bank intermediated. Yet, African countries predominantly employ alternative forms of trade financing models that span beyond banks’ usual purview. These alternative models are supported by many actors across the supply chain that are not holistically supervised given the
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Casting a Constitutional Light on the Cultural Defence in South African Criminal Law African Journal of Legal Studies (IF 0.1) Pub Date : 2022-10-15 Jacques Matthee
South Africa’s criminal courts have often dealt with cases where accused who committed culturally motivated crimes tried to escape criminal liability through a so-called “cultural defence”, a defence that does not currently exist in South African criminal law. However, most of the case law dealing with this matter predates the Constitution of the Republic of South Africa, 1996. Consequently, the Constitution’s
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A Legal Analysis of the Protection of the Rights of Persons with Disabilities During the COVID-19 Pandemic in Nigeria African Journal of Legal Studies (IF 0.1) Pub Date : 2022-10-04 Oyesola Animashaun, Howard Chitimira
Persons with disabilities are often discriminated against in society on the basis and/or grounds such as race, ethnicity, cultural beliefs, as well as religious beliefs. Moreover, there is a general negative societal attitude and a negative perception against persons with disabilities globally. For instance, persons with disabilities are negatively treated as a charitable problem of the society in
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Recognition of the Rights of Taxpayers: Perspectives and Prospects African Journal of Legal Studies (IF 0.1) Pub Date : 2022-07-29 Ifeanyichukwu Azuka Aniyie
This article evaluates specific powers, policies and processes (which includes the tax refund process, the pay-before-argument rule and the power of substitution) of the Nigerian tax system against the backdrop of the right to property and the right to life enshrined in the Constitution of the Federal Republic of Nigeria 1999 (CFRN). It argues that these rights are infringed on by Federal Inland Revenue
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Transition to the Fourth Industrial Revolution: Africa’s Science, Technology and Innovation Framework and Indigenous Knowledge Systems African Journal of Legal Studies (IF 0.1) Pub Date : 2022-07-23 Chidi Oguamanam
Despite elaborate efforts at Science Technology and Innovation (STI) policy enunciation, Africa has yet to optimally engage with how best to locate and position Indigenous or traditional knowledge (IK/TK) and its stakeholders in the new and emergent technological dynamics often designated as the fourth industrial revolution (4IR) and its bioeconomy components. Given the disconnect over IK/TK systems
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The ECOWAS Court and Civil Society Activists in Nigeria: An Anatomy and Analysis of a Robust Symbiosis African Journal of Legal Studies (IF 0.1) Pub Date : 2022-07-05 Obiora Chinedu Okafor, Udoka Ndidiamaka Owie, Okechukwu Effoduh, Rahina Zarma
This article focuses on, and attempts to explain, two key aspects of the relationship between the Community Court of Justice of the Economic Community of West African States or ECOWAS Court and Nigerian civil society activists or CSA s. It analyses the available evidence on the ways in which these CSA s have contributed – to the generation of this regional court’s impact on the executive, judicial
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‘Not Water or Air’: The Legality of Network Disruptions in Ethiopia African Journal of Legal Studies (IF 0.1) Pub Date : 2022-05-20 Kinfe Micheal Yilma
Network disruption has become commonplace in Ethiopia in the past few years. Be it for preventing exam leaks, the spread of disinformation, or to fight off cyber-attacks, the government has repeatedly disrupted communication networks. However, the legal basis with which the government often shuts down the Internet or disrupts other means of digital communications remains unclear. Despite a recent attempt
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Utilitarianism: Merging the Dichotomy between Nationalist and Internationalist Conception of Cultural Property African Journal of Legal Studies (IF 0.1) Pub Date : 2022-05-20 Afolasade Abidemi Adewumi
The quest for the restitution of cultural property has not been an easy endeavour. Despite the availability of multiple legal regimes securing various channels for the restitution of cultural property, improvement has been quite sluggish. This article argues that the debacle to the restitution process lies in the simultaneous operation of two diametrically opposed conceptions of cultural property-
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Zimbabwe’s Contribution to the Transnational Judicial Dialogue on Corporal Punishment African Journal of Legal Studies (IF 0.1) Pub Date : 2022-04-21 Andrew Novak
On April 3, 2019, the Zimbabwe Constitutional Court found unconstitutional moderate corporal punishment on a juvenile male in State v Chokuramba. The decision in Chokuramba was a victory for transnational human rights litigation, as the Court widely cited and applied international and foreign law to discern a global trend, especially the precedents of near neighbors Namibia and South Africa in an important
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Habeas Corpus as a Remedy for Deprivation of the Right to Personal Liberty: Contemporary Developments in Lesotho African Journal of Legal Studies (IF 0.1) Pub Date : 2022-03-25 Chuks Okpaluba, Anthony O. Nwafor
Long before the inclusion of bills of rights in written constitutions, the common law had great regard for the personal liberty of the individual. This was realised through the writ of habeas corpus which was available to protect anyone unlawfully deprived of their liberty. This ancient writ has not only survived at common law; it also remains active in contemporary judicial pronouncements. The writ
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The Imperative of Engendering an Egalitarian Legal Framework for the Protection of Female Employees’ Rights in Nigeria African Journal of Legal Studies (IF 0.1) Pub Date : 2022-03-25 David Tarh-Akong Eyongndi
This article through doctrinal approach, examines both international and domestic legal frameworks (International Labour Organization Equal Remuneration Convention 1951, Discrimination (Employment and Occupation) Convention 1958, Maternity Protection Convention 1952, Beijing Declaration, Universal Declaration of Human Rights, 1948, African Charter on Human and Peoples Rights, 1988, Protocol to the
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A Future of Justice Inclusion: Examining Access to Justice in South Africa through the ‘Ethic of Care’ and ‘Complexity’ African Journal of Legal Studies (IF 0.1) Pub Date : 2022-03-09 Jackie Nagtegaal, Yvonne Jooste
In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a number of multi-layered and complex causes. This article explores traces, connections, definitions and perceptions related to access to justice so as to allow for a deeper understanding
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A Review of the Social Justice Function of Clinical Legal Education in Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2022-01-24 Anne Kotonya
This article investigates the developments in the social justice function of clinical legal education in African countries. It is based on a systematic review conducted to provide conceptual, methodological and thematic guidance into scholarship on the utilisation of clinical legal education in African countries to meet justice needs of the indigent in society. The results are analysed and clustered
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Reconciliation without Justice: The State and the Invalidation of Victimhood in Post-colonial Zimbabwe, 1980–2017 African Journal of Legal Studies (IF 0.1) Pub Date : 2021-11-24 Terence M Mashingaidze
This article calls for the location of victimhood rather than political convenience at the centre of Zimbabwe’s peace-building matrix. From the attainment of independence in 1980 to the military assisted end of President Robert Mugabe’s rule in November 2017, Zimbabwe’s episodic cycles of violence were concluded through elite bargained amnesty ordinances, state mediated reconciliation pronouncements
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Regulation of Competition in the Telecommunications Sector: A Comparative Study of the Korean and Nigerian Legal Regimes African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-27 Kalu Kingsley Anele, Wiseman Ubochioma
The liberalisation of telecommunications sectors in many countries has brought with it the need to regulate and develop regulatory models for competition. South Korea and Nigeria followed the liberalisation trend of the telecommunications markets in late 1980s and 1990s. Both countries have also established competition laws and adopt various regulatory models. This paper, through a comparative analysis
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The Socialization of Human Rights and the African Human Rights Action Plan: Issues, Challenges and Opportunities African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-21 Ibironke T. Odumosu-Ayanu, Obiora C. Okafor, Sylvia Bawa
This article critically analyzes human rights socialization in Africa through the lens of the draft African Human Rights Action Plan (AHRAP). It argues that the AHRAP presents a framework for human rights socialization, and it speaks to human rights socialization in distinctive ways. The article demonstrates that the AHRAP relies on African and international influences and seeks to propagate norms
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The Emergence of Artificial Intelligence in Africa and its Impact on the Enjoyment of Human Rights African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-14 Olayinka Oluwamuyiwa Ojo
Meeting the rising need for development and tackling the attendant challenges in Africa requires pragmatic and innovative strategies. Although there is evidence that political governance is improving across the continent, these improvements are not meeting the expectations and needs of several sections of the society. Artificial Intelligence (AI) seems to be one tool with a great potential to address
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Exploring the Basis for the Increasing Medical Negligence Claims in South Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-14 Rendani Matumba, Anthony O. Nwafor, Edward V. Lubisi, Koboro J Selala
Litigation arising from medical negligence have continued to witness an incremental trajectory in the contemporary South African medical jurisprudence. As the number of claims continue to rise, so also does the financial expense in the form of cost of litigation on the part of the litigants and damages paid by the healthcare personnel and government agencies in successful cases. Such expense, however
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An Overview of the State of Electoral Democracy in Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-14 Charles Manga Fombad
Most recent accounts paint a bleak and gloomy picture of the state of global democracy. This is particularly so in Africa where the optimism of a democratic revival in the 1990s is rapidly giving way to narratives of doom and gloom. Using survey data compiled by well-established regional and global international organisations, this paper assesses the state of electoral democracy in Africa, reviews
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Taxing the Digital Economy: Nigeria’s Financial Act 2019 and Significant Economic Presence Order 2020 African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-14 Philip Osarobo Odiase
This note outlines the salient provisions of the Significant Economic Presence Order 2020 and its implications for non-resident companies with business interests in Nigeria’s digital economy. It also identifies some impediments to the implementation of the new digital tax regime.
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Why is The Hague Sitting on the Fence in Prosecuting Boko Haram Terrorism in Nigeria? African Journal of Legal Studies (IF 0.1) Pub Date : 2021-12-14 Chijioke Egwu Ekumaoko, Kenneth Igbo Nwokike, Ozioma Victoria Uchime, Ikenna Ukpabi Unya, Emmanuel Obiahu Agha
On 18 November, 2010 a preliminary examination of the situation in Nigeria was announced and for almost a decade, investigation has not yet begun. Ten potential cases have been identified, seven for Boko Haram and three for Nigerian Security Forces (NSF). This article investigates whether issues of complementarity and admissibility provide any legal barriers capable of withholding investigation; and
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The Political Representation Crisis in Central Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2021-11-24 Ismaelline Eba Nguema
The crisis of political representation in Central Africa is structural. It is intrinsically linked to the failure of democracy in the region. All states of Central Africa are states of law in which the people have a major role to play as the holders of national sovereignty. In fact, the presidential regime allows the president of the republic to concentrate all powers. At each constitutional revision
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Regulating Artificial Intelligence through a Human Rights-Based Approach in Africa African Journal of Legal Studies (IF 0.1) Pub Date : 2021-11-24 Oyeniyi Abe, Akinyi J. Eurallyah
While the dawn of Artificial Intelligence (AI) solutions have aided in solving some of societal challenges, globalization and technological innovation potentially have the capability to disrupt, suspend, or change existing legal order, preventing the realization of business and human rights principles. For example, with AI-enabled systems, Africans can now access better healthcare, education, health
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The Case for the Constitutionalisation of Economic, Social and Cultural Rights (ESCRs) in Botswana African Journal of Legal Studies (IF 0.1) Pub Date : 2021-09-28 Emmanuel Botlhale
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
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Judicial Recognition of Outlawed Bigamous Marriage in Ethiopian Federal Supreme Court Cassation: Legal Gap-Filling or Judicial Lawmaking? African Journal of Legal Studies (IF 0.1) Pub Date : 2021-09-28 Jetu Edosa Chewaka
Bigamous marriage has been outlawed under the Family and Criminal Codes of Ethiopia despite its wide practice in Ethiopia. This article examines 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 reviews the substance of the current family laws in light of selected decisions
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National Security, Property Rights, and Development in Nigeria: How Should the Leviathan Resolve Herder-Farmer Conflict? African Journal of Legal Studies (IF 0.1) Pub Date : 2021-09-28 Chidebe Matthew Nwankwo
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
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Plea Bargaining in Nigeria Under the Administration of Criminal Justice Act African Journal of Legal Studies (IF 0.1) Pub Date : 2021-09-28 Lawrence Azubuike
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
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Religion and Secularism in Nigeria: The Effect of Compulsory Dress Codes in the Educational System on the Right to Practice Religion African Journal of Legal Studies (IF 0.1) Pub Date : 2021-09-28 Marcus Ayodeji Araromi, Deborah D. Adeyemo
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
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Targeted Killings: Assessing the Legal Contours for Protection of Africans with Albinism African Journal of Legal Studies (IF 0.1) Pub Date : 2021-09-28 Bright Nkrumah
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
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Architecture of Denial: Imperial Violence, the Construction of Law and Historical Knowledge during the Mau Mau Uprising, 1952–1960 African Journal of Legal Studies (IF 0.1) Pub Date : 2021-05-14 Juliana Appiah, Roland Mireku Yeboah, Akosua Asah-Asante
In 2013, the UK government settled a class action suit, which alleged that the British Colonial Government had subjected Kenyans to detainment, ill treatment and torture during the 1952–1960 ‘Kenya Emergency’. During the trial proceedings, the efforts of three expert historical witnesses for the prosecution – Caroline Elkins, David Anderson and Huw Bennett – led to the discovery of a cache of over
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The Constitution, Constitutionalism and the Economy of Mauritius: An Assessment of Their Interactions Critical to the Relative Economic Success of the Country African Journal of Legal Studies (IF 0.1) Pub Date : 2021-05-14 Roopanand Mahadew
The success of Mauritius as an economy, despite a rather dismal prediction by Nobel Prize recipient James Meade in 1961, has been appealing to many local and international researchers who have written extensively the subject. However, what role have the Constitution of Mauritius and the broad notions of constitutionalism played in this economic success have been critical questions that have been left
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Migrant Smuggling in Africa: Challenges Yet to Be Overcome African Journal of Legal Studies (IF 0.1) Pub Date : 2021-05-14 Cristiano d’Orsi
This paper focuses on the plight of smuggling of migrants in Africa. Migrant smuggling has been documented along at least five major and several smaller routes in Africa. In my study, I investigate whether current legislation and policies are effective in curbing the practice of smuggling in Africa. To evaluate the success rate of these measures, I am comparing figures over recent years to establish
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Protecting Land Rights of Indigenous Peoples in Africa: The Land Rights of Abuja Peoples of Nigeria and Ogiek Peoples of Kenya in Comparative Perspective African Journal of Legal Studies (IF 0.1) Pub Date : 2021-05-14 Sylvanus Gbendazhi Barnabas
This paper examines the treatment of customary land rights of indigenous peoples by State law in Nigeria and Kenya. Nigeria is chosen as a case study and Kenya has on-going legal reforms in relation to customary land rights. Both Kenya and Nigeria have plural legal systems. The objective is to demonstrate how Kenya has responded to the challenges of protecting customary land rights and how other African
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Religion, Law, and Politics in Ghana: Duabɔ (Imprecation) as Spiritual Justice in the Public Sphere African Journal of Legal Studies (IF 0.1) Pub Date : 2021-05-14 Seth Tweneboah
This paper examines the reasons for and consequences of the resort to traditional spiritual justice in spite of increasing awareness of state civil law structures. The paper helps us theorise on how economic disputes resulting from lack of effective legal enforcement yields itself easily to the deployment of spiritual justice. The significance of this study is that it contributes perspectives into
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Teleological Interpretation in the Emerging Socio-Economic Rights Jurisprudence of the African Court: African Commission on Human and Peoples’ Rights v Republic of Kenya African Journal of Legal Studies (IF 0.1) Pub Date : 2021-05-14 Anneth Amin
The African Court has recently decided on merits its first socio-economic rights case – ‘the African Commission on Human and Peoples’ Rights v Republic of Kenya’. The Court applied aspects of the teleological approach to interpretation to interpret socio-economic rights in question. The article examines the Court’s application of the teleological approach in its emerging socio-economic rights jurisprudence
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Development of Unconstitutional Change of Government under the Malabo Protocol – From Prohibition to Over-Criminalisation? African Journal of Legal Studies (IF 0.1) Pub Date : 2021-02-04 Niriksha Sanghvi
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