Towards an Appropriate Legal Framework for Sustainable Management and Disposal of Plastic Waste in Nigeria: Lessons from Other Jurisdictions

by | Aug 15, 2023 | JCLA, JCLA V10 I1 2023

Towards an Appropriate Legal Framework for Sustainable Management and Disposal of Plastic Waste in Nigeria: Lessons from Other Jurisdictions

Author: Izuoma Egeruoh-Adindu

ISSN: 2521-2605
Affiliations: BL LLB LLM: Senior research fellow Nigerian Institute of Advanced Legal Studies
Source: Journal of Comparative Law in Africa, Volume 10 Issue 1, p. 103 – 132
https://doi.org/10.47348/JCLA/v10/i1a5

Abstract

Plastic pollution from unsustainable management and disposal of plastic waste on land and in the marine environment is a very serious problem. Statistics indicate that more than one million plastic bags are used every minute, and approximately 500 billion plastic bags are used annually worldwide. This phenomenon has raised global concern leading to the adoption of measures by countries, including legislation to mitigate plastic waste pollution in the environment. Employing desk-based research methodologies, this paper examines the problems associated with the indiscriminate disposal of plastic waste in Nigeria. The paper argues that the extant legal framework on the management of solid wastes is ineffective, too general and does not take cognisance of the peculiarities and environmental hazards associated with plastic waste. The paper concludes that an appropriate legal framework complemented by effective enforcement mechanisms that target plastic waste management and sustainable disposal are required to address the problem. This paper, therefore, calls for the passage of the Plastic Bag (Prohibition) Bill of 2018 before the National Assembly and the effective implementation of the recommended measures aimed at ensuring environmentally-friendly disposal of plastic waste in Nigeria.

Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya

by | Aug 15, 2023 | JCLA, JCLA V10 I1 2023

Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya

Author: Abdulrazaq Adelodun Daibu

ISSN: 2521-2605
Affiliations: Senior Lecturer, Department of Private and Property Law, Faculty of Law, University of Ilorin, Ilorin. Nigeria
Source: Journal of Comparative Law in Africa, Volume 10 Issue 1, p. 133 – 168
https://doi.org/10.47348/JCLA/v10/i1a6

Abstract

The Nigerian administration of justice is facing many challenges such as congestion of cases in the courts, delays in the prompt resolution of cases, corruption in the formal justice system, a punitive and retributive approach to crime with little or no room for restitution and reparation of victims of crimes, as well as the adversarial, hostile, and technical nature of litigation. Although the federal government and some states have made efforts in respect of criminal matters by the enactment of the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Laws (ACJL) traditional justice systems can effectively ameliorate these challenges in the resolution of both civil and criminal matters. However, the potential benefits of the effective application and operation of traditional justice systems in Nigeria are hindered by their restriction to civil disputes, the lack of a clear and specific legal and policy framework, scant regard for procedural justice, inadequate or lacking of enforcement mechanisms and a retributive and punitive approach of the criminal justice system. This article analyses the nature of the Nigerian traditional justice systems and their relationship with alternative dispute resolution (ADR) mechanisms to see how ADR could complement the Nigerian administration of justice. The article further examines the challenges of the Nigerian administration of justice and the practice of traditional justice systems in Kenya to draw lessons for Nigeria. The article argues that the reconciliatory and restorative focus of tranditional justice systems could help resolve some of the challenges facing the Nigerian administration of justice. The article suggests legal, policy, and institutional reforms and their integration for effective application in Nigeria.

Examining the Propriety of Section 84(1) of the Sheriffs and Civil Process Act of Nigeria from the Lens of the Supreme Court’s Decision in Central Bank of Nigeria V Insterstella Com Ltd

by | Aug 14, 2023 | JCLA, JCLA V10 I1 2023

Examining the Propriety of Section 84(1) of the Sheriffs and Civil Process Act of Nigeria from the Lens of the Supreme Court’s Decision in Central Bank of Nigeria V Insterstella Com Ltd

Authors: David Tarh-Akong Eyongndi, Oluwakemi Oluyinka Odeyinde

ISSN: 2521-2605
Affiliations: LLB (Hons) UNICAL, LLM (Ibadan), BL, Assistant Professor, College of Law, Bowen University, Iwo, Osun State, Nigeria; LLB (Hons) Ibadan, LLM (UNILAG), BL Lecturer Centre for Foundation Education, Bells University of Technology, Ota, Ogun State
Source: Journal of Comparative Law in Africa, Volume 10 Issue 1, p. 169 – 189
https://doi.org/10.47348/JCLA/v10/i1a7

Abstract

Where a person has litigated a case against anybody or the government and judgment is given in monetary value, where the judgment debtor fails to voluntarily settle the judgment sum, the judgment creditor must enforce the judgment. In enforcing the judgment which is usually via garnishee proceedings, the Sheriff and Civil Process Act (SCPA) provides that the consent of the Attorney General (AG) must be sought and obtained once the funds to be used in satisfying the judgment are in the possession of the public officer. This paper, while underscoring the rationale for this prerequisite, examines its propriety vis-à-vis the finality of a court judgment, by adopting doctrinal methodology. It raises the question that since the AG’s consent is to be sought and same can be denied, what option, if any, is open to a person after such denial? Can a mandamus be used to compel the AG to consent, seeing that the giving of consent is not a duty to be performed but a discretion? The paper argues that this practice amounts to subjugating the implementation of Court’s determination/decision to the discretion of the AG which is inimical to the smooth delivery of justice. It may undermine the sanctity of court’s pronouncements as well as democracy. Therefore, the paper calls for the abolition of this practice as way forward.

Tax policy gap in southern African countries: Reflections on indirect tax coordination and tax diversity in SADC post Covid-19

by | Mar 12, 2023 | JCLA, JCLA V9 I2 2022

Tax policy gap in southern African countries: Reflections on indirect tax coordination and tax diversity in SADC post Covid-19

Author: Puseletso Letete

ISSN: 2521-2605
Affiliations: BA Law, LLB (NUL), LLM (UCT), PhD (Edinburgh). Professor, School of Law, University of South Africa until 31 August 2022
Source: Journal of Comparative Law in Africa, Volume 9 Issue 2, p. 1 – 32
https://doi.org/10.47348/JCLA/v9/i2a1

Abstract

The Southern African Development Community (SADC) tax policy on indirect tax coordination has mainly been guided by an approach toward the harmonisation of tax bases, the convergence of tax rates and the movement of taxes toward tax uniformity. This approach is one envisaged by the member states and reflected in Annex 3 of the Protocol on Finance and Investment. However, in recent studies, writers in this area opine that countries within a regional integration economic area (REC) should instead adopt an approach characterised by tax diversity of the indirect tax systems, as well as mutual coordination and cooperation to contribute towards economic integration. Recent literature proposes that tax coordination of indirect taxes must consider other options that move away from the uniformity of taxes, rates, and tax base. This paper considers this approach of placing tax diversity at the centre of the SADC tax policy of coordination of indirect taxes, particularly VAT and excise taxes. The paper reflects on the previous approaches that have characterised the implementation of the existing legal framework in tax coordination in the SADC and critically examines the implementation of the VAT and excise taxes guidelines and their significance in achieving tax coordination of indirect taxes. The article emphasises the importance of the SADC realising its goal of coordinating indirect taxes, particularly post Covid-19, due to the imminent need to raise more revenue from cross-border trade in the SADC member states to contribute toward the economic growth of member states.

Reimagining regional cooperation as a springboard for curbing piracy off the coast of Nigeria

by | Mar 12, 2023 | JCLA, JCLA V9 I2 2022

Reimagining regional cooperation as a springboard for curbing piracy off the coast of Nigeria

Author: Kalu Kingsley Anele

ISSN: 2521-2605
Affiliations: LLB, (IMSU) LLM, (Unilag), PhD (KMOU), Lecturer, Cultural Heritage Preservation Research Institute, Pusan National University
Source: Journal of Comparative Law in Africa, Volume 9 Issue 2, p. 33 – 70
https://doi.org/10.47348/JCLA/v9/i2a2

Abstract

Nigerian waters remain risky for navigation. Despite efforts by the Nigerian government to suppress piracy off its coast, little progress has been made. Moreover, Nigeria is ill-equipped, ill-prepared and lacks effective enforcement of the extant piracy legal regime due to an inefficient institutional framework to combat piracy suo motu. This paper suggests the adoption of the regional cooperation mechanism to curb piracy in Nigeria, given the number of piracy incidents off its coast and the fact that the coast extends to the waters of neighbouring countries. Additionally, Nigerian piracy affects the navigational and geostrategic importance of the Gulf of Guinea to the global energy supply and international trade, and it implicates regional trade agreements in Africa. The research methodology is a dialectical analysis of data, legal instruments, and scholarly publications. Also, this research uses the application of anti-piracy regional cooperation agendas in other piracy hotspots to suggest the adoption of regional cooperation to suppress Nigerian piracy. The results reveal that attempts to curb piracy in Nigeria have been futile because the country lacks the political will to eliminate the causes of piracy. Since Nigerian piracy has a regional effect, regional cooperation would be apt to suppress this crime. Legal instruments, soft laws, regional agreements and international maritime organisations promote regional cooperation in combating piracy. Consequently, the paper explores factors that bolster and sustain regional cooperation as a means of repressing piracy off the Nigerian coast.

The role of non-governmental organisations in advancing good governance and development through regional institutions in Africa

by | Mar 12, 2023 | JCLA, JCLA V9 I2 2022

The role of non-governmental organisations in advancing good governance and development through regional institutions in Africa

Authors: Chebo Tamajong Nfor, Atupele Masangala, Julieth Gudo

ISSN: 2521-2605
Affiliations: LLLB, LLM, PhD candidate (UCT), postgraduate teaching assistant and researcher at the Centre for Comparative Law in Africa, Department of Commercial Law, UCT; LLM, LLB (Honours), law lecturer, University of Malawi;PhD Law, LLM, LLB, postdoctoral research fellow, Centre for Comparative Law in Africa, Faculty of Law, UCT
Source: Journal of Comparative Law in Africa, Volume 9 Issue 2, p. 71 – 101
https://doi.org/10.47348/JCLA/v9/i2a3

Abstract

Non-governmental Organisations (NGOs) in Africa, as people’s representatives, play an essential role in advancing good governance, human rights and development on the continent. They have cemented their role alongside international and regional institutions, organisations and state governments. NGOs have made extensive contributions to democracy and development in Africa. They have a history of challenging poor governance and human rights contraventions, and advancing development on the continent through regional institutions such as regional courts, regional bodies and other regional networks. However, these roles have not been critically studied. There is a lack of in-depth analysis of the different methods used by NGOs in promoting good governance and development through African regional institutions. This paper identifies and examines the various tools that NGOs employ in advancing good governance and development on the continent. The paper discusses the recognition of NGOs by regional institutions and how international and regional law protects their involvement in and participation on the continent. It further outlines how NGOs have used various regional legal institutions and other regional bodies to protect the rights and interests of the people. The paper demonstrates that while the role of NGOs in advancing good governance and development on the continent is progressive, many challenges hinder this role, such as stringent rules for eligibility and application to implement certain functions, lack of access to key resources that facilitate their participation and lack of clarity on the legal instruments that govern NGOs.