Upgrading Customary Land Title Documents in Nigeria

by | Sep 26, 2019 | ANUL, ANUL 2017 I2

Upgrading Customary Land Title Documents in Nigeria

Authors Osose Eidenoje

ISSN: 2521-2613
Affiliations: Assistant Secretary of the Benin Branch of the Nigerian Bar Association
Source: Africa Nazarene University Law Journal, 2017, Issue 2, p. 85 – 118

Abstract

This article contains analysis of the concept of land ownership in Nigeria and espouses the recognition of indigenous or customary land title vis-à-vis ways of proving title, as outlined by the Supreme Court of Nigeria in the celebrated case of Idundun and Others v Okumagba and Others. The status of ‘Oba’s approval’ and kindred documents, under Benin and sister tribes’ customary law, as evidence of customary land title is examined and the extent to which it complies with statutory provisions for conventional title to land is evaluated. The Oba is the paramount ruler or king of a local tribe in Nigeria who is the trustee of all land within his domain, the Oba of Benin being one of the most prominent. The Oba is empowered to effect transactions relating to land on behalf of and for the benefit of all his subjects under customary law, including the transfer or bestowment of beneficial interest in property under his authority. The impact of the Land Use Act of 1978 on customary tenure is also discussed. The author opines that customary title documents ought to be registerable instruments because they are uniquely indigenous creations and registration would afford indigenous people the opportunity of recording their interests in modern formats. Reference is made to the prevailing situation in jurisdictions of other countries, like Ghana, Kenya and Australia, where indigenous titles have been made registerable. The article concludes that there is a need to upgrade customary title documents in line with contemporary trends by providing for their registration in a dual register at the Federal and State Lands Registries, to ensure that the advantages of formalisation of property rights are enjoyed by all Nigerian citizens.

Legal and Institutional Framework for Combating Trafficking in Persons in Nigeria

by | Sep 26, 2019 | ANUL, ANUL 2017 I2

Legal and Institutional Framework for Combating Trafficking in Persons in Nigeria

Authors Grace Abosede Oladele, Dr Odunola Akinwale Orifowomo

ISSN: 2521-2613
Affiliations: Olabisi Onabanjo University; Obafemi Awolowo University
Source: Africa Nazarene University Law Journal, 2017, Issue 2, p. 49 – 84

Abstract

Traffcking in persons, with Nigeria serving as a country of origin, transit or destination, has persisted despite legal instruments against traffcking in persons in Nigeria and specifc judicial pronouncements. This is not wholly surprising in the face of prevailing poverty, high levels of unemployment and unworkable legal and institutional frameworks against traffcking in persons in Nigeria. The problem is exacerbated by meagre penalties meted out by the court which, produce little or no deterrence. This article posits that until various defciencies in anti-traffcking laws, judicial decisions and activities of institutions established to combat traffcking in persons are addressed and socio-economic problems are tackled, elimination of traffcking in persons in Nigeria will not be possible. The article recommends amongst others, the review of anti-traffcking laws, severe sentences, increased funding and training of offcials in institutions established to combat traffcking in persons, improved social and economic systems and involvement of all stakeholders in eliminating traffcking in persons in Nigeria.

A Critical Analysis of the Gender Dimensions of Internal Displacement in Kenya

by | Sep 26, 2019 | ANUL, ANUL 2017 I2

A Critical Analysis of the Gender Dimensions of Internal Displacement in Kenya

Authors Dr Agnes Meroka

ISSN: 2521-2613
Affiliations: University of Nairobi
Source: Africa Nazarene University Law Journal, 2017, Issue 2, p. 31 – 48

Abstract

The United Nations High Commissioner for Refugees defines ‘internally displaced persons as persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.’ Twenty-six million people are displaced globally as a result of conflict and natural disasters and as at 2016, within Kenya, 138 000 people were estimated as being internally displaced as a result of conflict and violence and a further 40 000 as a result of other disasters. This article takes as its focus the effects of internal displacement on women, in particular Kenyan women in rural areas, and evaluates the international legal framework as well as Kenya’s national legal framework for the promotion of human rights of internally displaced women in Kenya. The author provides consideration of the gender dimensions of internal displacement and the role of the state in addressing the problems that women continue face, both as a result of this phenomenon and generally.

Planning the Future Progression of the South Sudan Post-Conflict Fiscal System: Charting the Development of its Fiscal Literacy

by | Sep 26, 2019 | ANUL, ANUL 2017 I2

Planning the Future Progression of the South Sudan Post-Conflict Fiscal System: Charting the Development of its Fiscal Literacy

Authors Attiya Waris

ISSN: 2521-2613
Affiliations: Senior Lecturer at the University of Nairobi, Kenya, School of Law
Source: Africa Nazarene University Law Journal, 2017, Issue 2, p. 1 – 30

Abstract

There are many conflict and post-conflict countries in Africa, including, but not limited to, Chad, Libya, Eritrea, Tunisia, Egypt, Rwanda, the Central African Republic and the Republic of South Sudan, the youngest country in the world at the time of the writing of this article. From a fiscal perspective, post-conflict and conflict states experience similar problems: the maintenance of peace (a substantial drain on resources), heavy dependence on donor aid and a traumatised and impoverished population, largely unaware of their citizenship responsibilities, including tax responsibilities, their primary focus, understandably, being on physical survival. This article focuses on improvements in fiscal literacy and taxpayer literacy, to encourage tax compliance amongst the residents of South Sudan. Schumpeter’s theory of the fiscal state, as developed further by Ormrod and Bonney’s typology of the fiscal state (comprising tribute, domain, tax and fiscal state taxation systems) is used to position the South Sudanese fiscal state in order to develop an understanding of the challenges the country faces in future progression of its development. The Ormrod-Bonney model has, previously, been further developed and applied in Africa (Kenya and Rwanda) and the article extends application of the model to South Sudan.

Constructing Cultural Pluralism as a Universal Medium: Islam and the Influence of Western Civilisation in Nigeria

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Constructing Cultural Pluralism as a Universal Medium: Islam and the Influence of Western Civilisation in Nigeria

Authors Muhtar Etudaiye, Mohammed Enesi Etudaiye

ISSN: 2521-2613
Affiliations: Associate Professor, Department of Jurisprudence and International Law, University of Ilorin; Senior Lecturer, Department of Public and International Law, University of Abuja
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 167 – 198

Abstract

As a result of better education and access to new information and communications technology, there is an increasing awareness amongst Muslims of their obligations as Muslims and the need to model themselves along the lines of and implement the injunctions in the Qur’an and the practices of the Holy Prophet Muhammad (SAW).[fn1], [fn2] This evolution has resulted in a new outlook that appears to have confounded the West as a result of its sharp contrast with western culture. The situation has been exacerbated by the violence of groups, nationally and internationally, proclaiming to embark on violent actions in the name of Islam. The world, it appears, stands at a crossroads with regard to Islam. The trajectory of this historic crossroads is the cultural interface between Islam and the West. While the former struggles to insulate its pristine values and identity from secular interference, the latter relentlessly expands the frontiers of its influence through major advantages in mass media capability, economic fortitude, political diplomacy and information and communications technology. The abiding focus of this article is to strengthen the position of Islamic culture vis-\xc3\xa0-vis freedom of conscience and to put constitutional safeguards into place to protect this right in an era where the Islamic civilisation has been continuously criticised, restoring the balance of Nigeria’s multicultural setting. This article concludes that there are freedoms and laws that are entrenched in the systems of cultures of most nations and that these require protection. The Shari’a is both a legal system as well as a cultural system and it is essential for the Nigerian State to ensure that it takes full advantage of legal safeguards to protect against concerns that may be largely ethnocentric in nature. footnote 1: The Arabic phrase sallallahu alahyi was-salam (SAW) translates to ‘peace be upon Him’ and is a requirement of the Muslim faith that is attached to the mention of the name of the prophet Muhammad (SAW). This practice is followed throughout this article. footnote 2: The prophet Muhammad (SAW) is regarded by Muslims as the last messenger sent by Allah to guide humanity.