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1 – 10 of 844This paper aims to determine the extent to which the myriad of cybercrimes is within the purview of extant Nigerian laws against the backdrop of the modicum of legal and…
Abstract
Purpose
This paper aims to determine the extent to which the myriad of cybercrimes is within the purview of extant Nigerian laws against the backdrop of the modicum of legal and institutional mechanisms available at international law for combating cybercrimes.
Design/methodology/approach
This study is library based. It relies on secondary data generated by the variegated multilateral agencies, law reports of international and municipal tribunals, relevant books, journals, monographs policy papers and so forth as the basis of analysis.
Findings
Findings suggest that cybercrimes are very difficult to unravel because their traces are imperceptible and require highly specialised skills and digital protocols to find, store and save them for evidential purposes. Such gathered evidence are in the form of digital data stored in variegated hardware and software media, such as storage peripherals, electronic components, working memory, hard discs and external discs. The difficulty is how to identify, weigh for evidential value and capture the multiplicity of evidence unearthed in a digital forensic investigation. The foregoing underscores the digital forensic problematic which is engendered by the difficulties of contriving a thoroughgoing concept of digital evidence given the malleable nature of the variegated storage media.
Practical implications
This paper engenders considerable acquaintance of the entire sphere of digital crimes and cyber threats, which is contended with in the information epoch, and recommends both legal and institutional mechanisms to counter the clear, real and present danger, which digital crimes represent for the survival of human civilisation, sustainable economic growth and development.
Originality/value
This paper dwells on the infinite potentiality of deploying the instrumentality of national and international law to deter, control and prosecute the myriad of cybercrimes.
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Adamu Gayus Kasa, Matthew E. Egharevba and Ajibade E. Jegede
This study aims to investigate the clamour by the people of Plateau State, Nigeria, for more licences to bear firearms for self-defence because of the continuous failure of the…
Abstract
Purpose
This study aims to investigate the clamour by the people of Plateau State, Nigeria, for more licences to bear firearms for self-defence because of the continuous failure of the Nigerian State to defend them against the Fulani herders’ aggression. More guns less crime deterrence theory served as the framework of analysis, which posits that because criminals are rational beings, they will choose not to attack when they know many people have legitimate firearms.
Design/methodology/approach
Data were collected from four purposefully selected local government areas of the state. This study’s sample size was 400. Therefore, 400 copies of the Google Forms questionnaire were administered. In addition, seven key informant interviews and nine focus group discussions were also conducted.
Findings
This research results showed the following: while self-defence and issuance of more licenses were supported by 84.8% and 85.0% of respondents, respectively, they also argued that the insurgency would likely end if more people carried legally acquired firearms. Again, the study showed a positive correlation between the government’s failure in security and the demand for self-defence exercises against the Fulani herdsmen’s insurgency, this study recommends more licensed firearms for the people of Plateau State.
Originality/value
This study recommends more licenced firearms for the people of Plateau State.
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Eghosa Osa Ekhator and Linimose Anyiwe
This paper aims to explore the laws that govern Foreign Direct Investment (FDI) in Nigeria. The history of company law and the rise of multinational corporations clearly…
Abstract
Purpose
This paper aims to explore the laws that govern Foreign Direct Investment (FDI) in Nigeria. The history of company law and the rise of multinational corporations clearly illustrate the attempts by the Nigerian Government to encourage the inflow of FDI. The different stages of Nigeria’s legal development will be examined in this paper and subsequently an assessment of the laws regulating FDI in the different investment sectors will be in focus.
Design/methodology/approach
This paper uses a doctrinal approach by undertaking a sectorial analysis of different sectors or segments of the Nigerian economy highlighting their various regulatory frameworks. The agricultural, steel, banking, employment and oil sectors is focussed in this paper.
Findings
This paper demonstrates that for FDI to have positive impacts on the different sectors of the Nigerian economy, the various laws regulating the different sectors should be amended to reflect current realities.
Originality/value
This paper provides a fresh illumination or analysis to the legal barriers inhibiting FDI in Nigeria. It does this by highlighting the various laws affecting FDI in different sectors of the Nigerian economy.
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Daniel Ufua, Olusola Joshua Olujobi, Romanus Osabohien, Gbadebo Odularu and Evans Osabuohien
This chapter explores the adverse effects of COVID-19 lockdown on Nigerian households and offers suggestions for tackling the household conflicts, which is relevant to the…
Abstract
This chapter explores the adverse effects of COVID-19 lockdown on Nigerian households and offers suggestions for tackling the household conflicts, which is relevant to the society, and its contributions towards the broad economic activities in Nigeria. It adopts a conceptual approach, relying on extant literature and other relevant materials. The research draws on these references to project a model of the critical effects of COVID-19 faced by Nigerian households during COVID-19 pandemic. The study highlights the fundamental issues responsible for conflict among households in Nigeria during the COVID-19 pandemic lockdown. Also, it unearths learning about the critical sources of household conflict; and explores the effects on households in Nigeria due to the lockdown. Weak enforcement of the provision of extant laws to curb domestic violence in Nigeria and inadequate punishments prescribed in the laws to discourage household conflicts. The chapter concludes with the need for a better legal framework that can regulate household conflicts. It, also, emphasises on increased government effort to intervene in household challenges, especially during an emergent issue such as COVID-19 pandemic. The study also suggested the need for a broad social services structure in Nigeria that can provide social security to households during an unexpected emerging situation such as COVID-19. The Violence Against Persons laws should be stringently enforced to discourage violence, to protect members of every household in Nigeria and to compensate the victims adequately for any loss or injury suffered due to violation of their rights.
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Zakariya Mustapha, Sherin Binti Kunhibava and Aishath Muneeza
The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in…
Abstract
Purpose
The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance.
Design/methodology/approach
This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. Using the doctrinal approach together with content analysis, relevant Nigerian laws and judicial precedents applicable to Islamic finance practice and related publications were examined in determining the identified risks.
Findings
Undeveloped laws, the uncertainty of Sharīʿah governance and enforceability issues are identified as legal gaps for Islamic finance under the Nigerian legal system. The gaps are inimical to and undermine investor confidence in Nigeria’s Islamic finance industry. The review reveals the necessity of tailor-made Sharīʿah-based regulations in addition to corresponding governance and oversight for a legally safe and Sharīʿah-compliant Islamic finance practice. It brings to light the imperative for mitigating the legal and Sharīʿah non-compliance risks associated with Islamic finance operations as crucial for Islamic finance businesses, Islamic finance institutions and their sustainable development.
Research limitations/implications
Based on content analysis, the review is wholly doctrinal and does not involve empirical data. Legal safety and Sharīʿah compliance are not to be compromised in Islamic finance operations. The review would assist relevant regulators and investors in Islamic financial enterprises to understand and determine the impact and potential ramifications of legal safety and Sharīʿah non-compliance on Islamic Finance Institutions.
Practical implications
This study provides an insight into the dimensions and ramifications of legal and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. This study is premised on the imperative for research studies whose outcome would inform regulations that strike a balance between establishing Islamic financial institution/business and ensuring legal certainty and Sharīʿah compliance of their operations. This study paves way for this kind of research studies.
Originality/value
The findings and discussions provide a guide for regulators and researchers on the identification and mitigation of legal and Sharīʿah non-compliance risks in Islamic finance via a literature review. This study, the first of its kind in Nigeria, advances the idea that research into legal and Sharīʿah non-compliance risks of Islamic financial entities is key to mitigating the risks and fostering the entities and their businesses.
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Martin Samy, Heineken Lokpobiri and Ade Dawodu
This paper aims to examine the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal…
Abstract
Purpose
This paper aims to examine the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country. The Niger Delta region of Nigeria is rich with abundant hydrocarbon resources and plays host to numerous multinational oil companies. For over five decades, oil spills and gas flaring from the operations of these companies have polluted water bodies and degraded farmlands on which the inhabitants depend for their livelihood. However, the absence of a legal regime of environmental rights has made it difficult for inhabitants of the region to seek legal remedy against these companies.
Design/methodology/approach
This paper examines the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country.
Findings
Nigeria does not have constitutional environmental rights. The legal implication of this provision is that it is not justiciable as such no court of law can exercise jurisdiction to hear any matter that is connected with the provisions of that chapter. In other words, even the government’s “constitutional” responsibility to protect the environment cannot be judicially enforced, let alone environmental rights for victims of environmental damage.
Originality/value
The original and significant contribution of this paper is to highlight the real issues and address them through substantive and procedural environmental rights provisions either in the constitution or positive legislations.
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The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes…
Abstract
Purpose
The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption.
Design/methodology/approach
The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws.
Findings
The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption.
Research limitations/implications
The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness.
Practical implications
Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy.
Social implications
Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness.
Originality/value
The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.
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Smart E. Otu, Macpherson Uchenna Nnam, Mary Juachi Eteng, Ijeoma Mercy Amugo and Babatunde Michel Idowu
The purpose of this study is to examine the politics, political economy, and fallout of hawkish regulatory policy on prescription drugs in Nigeria. Hawkish regulatory policy on…
Abstract
Purpose
The purpose of this study is to examine the politics, political economy, and fallout of hawkish regulatory policy on prescription drugs in Nigeria. Hawkish regulatory policy on prescription drug in Nigeria, such as opioid analgesics, is a very complex and multifaceted one, which usually involves the interplay of many factors and parties.
Design/methodology/approach
Policy manuals, official government gazettes (legislations, regulations, Acts and decrees), academic literature and a direct ethnographic observation of events surrounding the regulation of prescription drugs were reviewed and engaged.
Findings
The results revealed that Nigerian and global political economy and politics interface to define the direction of the new restrictive opioid policy, with resultant friction between prohibition and consumption. The reviews showed that the overarching “get-tough” and “repressive” policy are not necessarily founded on empirical evidence of an increase in prescription drug sales or use, but more as a product of the interplay of both internal and external politics and the prevailing socioeconomic order.
Practical implications
Instead of borrowing extensively from or being influenced by repressive Western drug laws and perspectives, Nigerian policymakers on prescription opioids should take control of the process by drawing up a home-grown policy that is less intrusive and punitive in nature for better outcomes. A mental sea change is required to understand the intrigues of Western power in Nigeria’s politics and political economy to avoid the continuous symptomatic failure of drug policy.
Originality/value
The politics and economic influence of the United Nations, USA and Western powers, as well as the axiom of moral panic of prescription drugs scares within the Nigerian environment, are particularly significant in the making of the emerging hawkish policy on prescription drugs in Nigeria.
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Olayinka Moses, Emmanuel Edache Michael and Joy Nankyer Dabel-Moses
This study explores the extent of environmental management and reporting regulations in Nigeria, highlighting areas of inadequacies in regulatory enforcement and companies’…
Abstract
Purpose
This study explores the extent of environmental management and reporting regulations in Nigeria, highlighting areas of inadequacies in regulatory enforcement and companies’ compliance. We approach the review within the context of the UN 2030 Sustainable Development Agenda (SDA).
Methodology
This chapter is based on a systematic review of extant environmental regulations and academic literature.
Findings
The results show several inadequacies with respect to Nigeria’s environmental management and reporting regulations. We specifically note the changing environmental management and reporting landscape in Nigeria birthing several emerging mandatory reporting codes. We find that fragmented reporting regulations and inappropriate sanctions are responsible for the unsatisfactory compliance and disclosure level noted among firms in the country. Additionally, weak enforcement, funding limitations, unrealistic financial penalties, and general implementation deficits remain factors impeding effective environmental management practice in Nigeria.
Originality
This research provides insight into environmental management and reporting inadequacies in Nigeria, and the actions regulators and firm managers need to take on board to help the country actualize the UN 2030 SDA.
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The prevalence of domestic violence in Nigeria may be described as epidemic. To address this scourge, several pieces of legislation have been enacted in the past decade at state…
Abstract
Purpose
The prevalence of domestic violence in Nigeria may be described as epidemic. To address this scourge, several pieces of legislation have been enacted in the past decade at state and federal levels in Nigeria. The purpose of this study is to evaluate the emerging legislation on domestic violence. This paper thus examines the contents of these laws in a bid to determine the potential of these laws to prevent domestic violence, deter perpetrators from further incidents, punish perpetrators, compensate survivors and provide them with the necessary interventions for their rehabilitation.
Design/methodology/approach
The approach adopted is a content analysis of the provisions of the legislation, using salient parameters that have been drawn from documented best practices, specifically the key components for framing of domestic violence legislation around the world.
Findings
The author finds that while there is significant attempt in extant legislation to ensure that women are protected within domestic relationships, there are still gaps. Further, the protections are uneven across the states. In addition, there are systemic and contextual challenges that hamper the effectiveness of existing legislation in Nigeria in providing the necessary protections to women.
Originality/value
This study analyses the provisions of some of the legislation currently in place to protect persons from domestic violence. The impact, potential effect and overall utility of these pieces of legislation continue to require examination.
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