Discretion in the exercise of jurisdiction in conflict cases in Nigeria

by | Apr 29, 2022 | JCLA, JCLA V9 I1 2022

Discretion in the exercise of jurisdiction in conflict cases in Nigeria

Authors: Chilenye Nwapi, Emeka J Egbebu and Thankgod Akazua

ISSN: 2521-2605
Affiliations: Research Associate, Canadian Institute of Resources Law, University of Calgary, Calgary, Canada; Senior Magistrate, Imo State Judiciary, Owerri, Nigeria; 4th Year Law Student, Rivers State University, Port Harcourt, Nigeria
Source: Journal of Comparative Law in Africa, Volume 9 Issue 1, p. 94 – 129
https://doi.org/10.47348/JCLA/v9/i1a4

Abstract

This article analyses the jurisprudence of discretionary jurisdiction in conflicts cases in Nigeria to interrogate the considerations of theory and practical policy (or lack thereof) that, in the authors’ view, have influenced the development of the relevant law and procedure. The analysis includes an assessment of whether too much or too little weight has been given to some theories or policies. The article discusses discretionary jurisdiction in three main situations: (1) where the defendant is outside the jurisdiction of the forum court and, therefore, must be served ex juris; (2) when the court is invited to decline jurisdiction based on the doctrine of forum non conveniens; and (3) when there are parallel proceedings in a foreign jurisdiction. A key finding is that discretionary jurisdiction in Nigeria is highly under-theorised in the jurisprudence. Nigerian intellectuals have, for their part, not given the subject adequate consideration. There is, therefore, a dearth of literature to draw on. The article sifts through the rules of court and court decisions to discover the theoretical and practical considerations for the courts’ exercise of discretionary jurisdiction in the three situations mentioned.

Le mensonge dans le procès pénal : Analyse a partir du droit Camerounais

by | Apr 29, 2022 | JCLA, JCLA V9 I1 2022

Le mensonge dans le procès pénal : Analyse a partir du droit Camerounais

Author: Tchabo Sontang Hervé Martial

ISSN: 2521-2605
Affiliations: Docteur/Ph.D en Droit, Maître-Assistant (CAMES), Département de Droit des Affaires et de l’Entreprise, FSJP, Université de Dschang, Membre de l’Unité de Recherche en Droit, Institutions et Intégration Communautaire (URDIIC)
Source: Journal of Comparative Law in Africa, Volume 9 Issue 1, p. 130 – 161
https://doi.org/10.47348/JCLA/v9/i1a5

Abstract

In criminal proceedings, everyone claims to hold the truth, yet at times untruths or lies seem blithey to triumph. Untruths are therefore a living aspect of criminal proceedings and one can observe that, even if they are contrary to the objective pursued by criminal proceedings, they may yet articulate harmoniously with certain essential principles which govern and guide their unfolding.

Territorial jurisdiction of the National Industrial Court of Nigeria (NICN) and the requirement of endorsing originating processes under the Sheriffs and Civil Process Act (SCPA) determined

by | Apr 29, 2022 | JCLA, JCLA V9 I1 2022

Territorial jurisdiction of the National Industrial Court of Nigeria (NICN) and the requirement of endorsing originating processes under the Sheriffs and Civil Process Act (SCPA) determined

Authors: David Tarh-Akong Eyongndi and Stephen Idowu Ilesanmi

ISSN: 2521-2605
Affiliations: LLB (Hons) UNICAL LLM (Ibadan) BL; Lecturer, College of Law, Bowen University, Iwo, Osun State, Nigeria; LLB (Hons) LLM (OAU) BL; Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan
Source: Journal of Comparative Law in Africa, Volume 9 Issue 1, p. 162 – 178
https://doi.org/10.47348/JCLA/v9/i1a6

Abstract

When a case is filed at the National Industrial Court of Nigeria (NICN), apart from its Civil Procedure Rules, the service of originating processes in Nigeria is regulated by the Sheriffs and Civil Process Act (SCPA), just as in all other courts under the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN). The SCPA requires that, when an originating process is issued in one State but is to be served in another, there must be an endorsement on the process disclosing this fact, or else the service shall be rendered void. Is this requirement of the SCPA applicable to the NICN, and what effect does it have on its efficiency, given that the NICN is a specialised court dealing with matters requiring expeditious settlement, free of technicalities? This article, using doctrinal methodology, will catechise the territorial jurisdiction of the NICN vis-à-vis the SCPA on endorsement of originating processes by appraising the Court of Appeal’s decision in Johnson v Eze where it held that the provisions of ss 97, 98 and 99 of the SCPA are inapplicable to the NICN because of s 2 of the SCPA, s 21(1) andd(2) of the National Industrial Court Act, 2006 and Order 7, Rule 15(1) and (2) of the NICN Rules, 2017. The effect of the judgment on the jurisdiction and mandate of the NICN under extant laws is also discussed. The authors argue that making the court amenable to the provisions of the SCPA will usher in technicalities that can frustrate the mandate of the NICN. Thus, the decision is a welcome development, which should not be overturned in subsequent decisions.

Belt and Road initiative meets Africa: Exploring the state of play, the implications and the imperative for complementarities of interests

by | Dec 17, 2021 | JCLA, JCLA V8 I2 2021

Belt and Road initiative meets Africa: Exploring the state of play, the implications and the imperative for complementarities of interests

Author: Collins C Ajibo

ISSN: 2521-2605
Affiliations: PhD (Manchester), LLM (Manchester), BL, LLB (Nigeria), Senior Lecturer in Law, Faculty of Law, University of Nigeria, Enugu Campus
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 1 – 31
https://doi.org/10.47348/JCLA/v8/i2a1

Abstract

China’s Belt and Road Initiative (BRI) is expected to link the world to a gigantic trade and investment corridor, with China at the centre of the new multilateralism. Since its announcement in 2013, China has taken significant steps to actualise its vision through massive investment in infrastructure in the belt-road regions supported by Chinese financial institutions, including the Asian Infrastructure Investment Bank (AIIB). Critics argue that BRI is a covert means for China to exert greater influence on the global trade and investment landscape but China has countered this. Nevertheless, emerging evidence indicates that, beyond the promotion of trade and investment, China is using BRI to export overcapacity, internationalise renminbi, promote cultural diplomacy, secure resources and redefine the global order. Hence, African countries stand in danger of neocolonialism unless they optimise the partnership with China to foster a win-win situation. In particular, African countries must recognise the significance of deft management of unsustainable Chinese loans that may entrap them in future, embedding more transparency in contract bidding for infrastructure investment, insisting on capacity building and skill spillovers and ensuring that transnational dispute settlement with Chinese enterprises is adjudicated in a neutral venue, if African courts lack the jurisdiction to entertain the matter.

Posthumous control of copyright, its limitations and the public interest

by | Dec 17, 2021 | JCLA, JCLA V8 I2 2021

Posthumous control of copyright, its limitations and the public interest

Authors: Desmond Osaretin Oriakhogba and Gloria Kanwulia Adeola-Adedipe

ISSN: 2521-2605
Affiliations: LLM, LLB (UNIBEN), PhD (UCT, Cape Town), Senior Lecturer, University of Venda, Thohoyandou, Limpopo Province, South Africa; LLM (Hertfordshire), LLB, Research Fellow, Nigerian Institute of Advanced Legal Studies (NIALS)
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 32 – 62
https://doi.org/10.47348/JCLA/v8/i2a2

Abstract

Conducted as a desk research, this paper examines the interface between copyright and succession laws, the notion of testamentary freedom, its limitations and justification for its restriction. The paper draws on this examination to discuss the freedom of authors to dispose their copyright under testate and intestate arrangements, and posthumously control the use of their works under the Nigerian Copyright Act. Following this discussion, the paper identifies and examines the relevant provisions of the Copyright Act that can limit the capacity of authors to posthumously control the use of their works in Nigeria. The paper contends that authors’ liberty to transfer their copyright by testamentary disposition or operation of law, and control the use of their works posthumously, without public interest friendly limitations, can create an imbalance within the copyright system. This paper addresses the issues of whether public interest objectives may be achieved through the limitation in the extant Copyright Act, especially given the propensity for copyright misuse by authors in death, as well as during their lifetime, and what policy options may align the public interest with authors’ posthumous control of copyright. In resolving these questions, the paper draws on instances of copyright misuse in the United States of America (USA) and South Africa and situates them within the Nigerian context to shed light on the issues discussed.

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

by | Dec 17, 2021 | JCLA, JCLA V8 I2 2021

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

Author: Muneer Abduroaf

ISSN: 2521-2605
Affiliations: BA (Shariah) LLB, LLM, LLD, Senior Lecturer in Law, Faculty of Law, Department of Criminal Justice and Procedure, University of the Western Cape (UWC)
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 63 – 73
https://doi.org/10.47348/JCLA/v8/i2a3

Abstract

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.