SALEM JOURNAL OF LAW

This research paper examined the Constitutional basis of the concept of Separation of Powers as enshrined in Sections 4, 5, and 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) tracing the nature, scope, and history of the doctrine and its development in different climes across the globe, as well as the rationale for its emergence and adoption by democratic States the world over. Using the doctrinal research methodology which entails the gathering, evaluation, and analysis of information within the context of the issue under examination, the paper revealed that while the central idea of the concept is the need to separate the three major branches of government to avoid an abuse of power or excessive concentration which could engender anarchy or totalitarianism, it is equally critical that each branch should act as a check on the others to ensure liberty. It was however discovered that with particular reference to the Nigerian legal system, there appears to exist a paradox regarding the existence and operation of the National Judicial Council (NJC) which in practice tends to insulate Judicial Officers from executive supervision through the power of arrest and prosecution except and until the NJC has first investigated and indicted such judicial officers. It was further revealed that this unfortunate scenario which critics perceive as a ploy by the NJC to surreptitiously grant immunity to Judicial Officers through the back door recently found judicial validation via the Court of Appeal decision in the case of Hon. Justice Nganjiwa v. The Federal Republic of Nigeria wherein the Court held that a Judicial Officer cannot be arrested and prosecuted by the law enforcement agencies except and until he has first been investigated and indicted by the NJC and subsequently relieved of his position as such. The findings then showed that this posture of the NJC and the Court of Appeal obviously tends towards the French ‘non-interference’ model of the Separation of Powers and so defeats the essence of checks and balances.It was recommended inter alia that: the legislature should via urgent legislative action resolve this apparent constitutional logjam arising from Sections 4, 5, 6, 143, and 308 juxtaposed against the backdrop of Section 98 of the criminal Code and Section 82 of the Criminal Law of Lagos Stateby clearly defining the scope of mandate of the NJC; and that the NJC should restore public confidence in the institution and by extension, the Judiciary by ensuring efficiency in the discharge of its duty of disciplining erring Judicial Officers with a view to aligning its existence with the rationale behind the constitutional doctrine of Separation of Powers.

Rape shield laws, that limits the ability to adduce evidence about a sexual assault victim's prior sexual history, have to a great extent influenced the prosecution of sexual assault cases. These laws were introduced in response to concerns that victims of sexual assault were being unfairly scrutinized and discredited based on their past behavior, rather than the facts of the case at hand. By barring irrelevant and prejudicial information, rape shield laws aim to encourage victims to come forward without fear of being publicly humiliated, while ensuring a fair trial. However, the implementation of these laws has ignited debate among legal scholars, defense attorneys, and victim advocacy groups. Critics argue that such laws may violate the defendant’s right to a fair trial by limiting potentially exculpatory evidence. In contrast, proponents maintain that these laws are essential for protecting victims and promoting justice. The impact of rape shield laws on prosecution outcomes is complex and multifaceted, influencing victim participation, judges perception, and case resolution. This paper explores the evolution of rape shield laws, their effects on both prosecution and defense strategies, and their broader societal implications

This research paper evaluates the role of Regional Parliaments in promoting the enforcement of the African Charter on Democracy, Elections, and Governance in Member States with particular emphasis on the Problems and Prospects therein. Using the doctrinal research methodology which entails the gathering, evaluation and analysis of information within the context of the issue under examination, the paper revealed that Regional Organizations primarily foster cooperation, political and economic integration, dialogue, and most importantly promote constitutionalism among Member States. It was found that they do this by encouraging good governance via the adoption of democratic principles and institutions positioned on well defined concepts such as the need for human rights, an independent Judiciary, as well as the adherence to the principles of Separation of Powers. It was however noted that various problems such as poor funding, lack of political will, low level of parliamentary awareness, and failure of State parties to ensure prompt ratification, domestication, and implementation by their National Parliaments have formed cogs in the wheels of sustained progressive achievements. The paper concludes that the integration agenda of Regional Parliaments has not only engendered cooperation among States, but has indeed infused harmony into the corpus juris of the various regions where they are found in Africa. It was recommended inter alia that State parties should ensure adequate funding, parliamentary awareness, enhanced political will, better coordination, regular reporting, and prompt ratification and implementation of the Charter and indeed other African Union Treaties.

This paper examined the legal framework for Same-sex marriage in both Nigeria and Canada. In so doing, the researcher adopted the doctrinal legal research methodology. The findings revealed that Same-sex marriages, which presupposes the union of persons of the same gender by way of matrimony is clearly prohibited in Nigeria even though it is lawful in Canada and other Western countries. It was found that several factors are responsible for the refusal of the Nigerian government, particularly the legislature to legalize Same-sex marriages in Nigeria ranging from socio-cultural, religious, and the general value system prevalent in the country. It was further revealed that the combined effects of these factors have led to the perception of the Same-sex practice as immoral, despicable, and against the law of nature, thus the existence of a legal framework which expressly criminalizes this abhorrent practice. Conversely, the legal framework in Canada offers protection to Same-sex couples by expanding the definition of marriage to accommodate couples of the same gender. It was concluded that the argument of same-sex advocates that love alone should be sufficient grounds for marriage irrespective of gender has no place in Nigeria given our religious, cultural and moral context in this part of the world. It was recommended inter alia that given the fact that legalizing same-sex marriage conflicts with the law of nature, it is necessary to criminalize this phenomenon considering the overall interest of the socio-cultural settings and religious beliefs of Nigerians.

This study evaluates the performance of the Federal Competition and Consumer Protection Commission (FCCPC) and the Nigerian Communications Commission (NCC) in safeguarding the rights of telecommunication service consumers in Nigeria. It examines the regulatory frameworks established by the FCCPA and the NCC Act, focusing on their effectiveness in addressing consumer grievances and ensuring fair market practices. The research identifies gaps in existing literature regarding consumer awareness, enforcement outcomes, and comparative analyses with other jurisdictions. By analyzing both qualitative and quantitative data,this work aims to provide a comprehensive understanding of the current state of consumer protection in Nigeria's telecommunications sector, offering recommendations for enhancing regulatory effectiveness and consumer empowerment.

Globally, and in comparative jurisdictions, the phenomenon of assisted reproductive technologies is having far reaching consequences on traditional value systems of reproduction, custody and paternity. While the concept of dual parenting is not new, what is new is the concept of more than two legal parents for children arising from same sex couples claiming rights grounded in assisted reproductive technologies. While this may not be problematic for Nigeria due to its criminalization of same sex relationships via its Same Sex Prohibition Act, global tensions and internal agitations challenge. In this regard, the main objective of this study was to analyze the profound developments relating to custody and paternity under assisted reproductive technologies in comparative jurisdictions so as to derive useful lessons for Nigeria. Pursuant thereto, the doctrinal research methodology was adopted as the methodology of study. It was found that there is the development of a pervasive and highly influential practice of custody and paternity in comparative jurisdictions, which threatens legal, traditional notions and values of custody and paternity in Nigeria. It was also found that Nigeria does not have legislation on assisted reproductive technology and this puts Nigeria in a perilous situation to prevent incursions. In this regard, it was recommended that Nigeria’s legislation of Same Sex Prohibition Act be strengthened to prevent negative incursions into the country’s legal and moral ethos. 

The focus of this research paper is Trafficking In Persons with Nigeria as a case study. The research was conducted using the doctrinal legal research method. The findings revealed that Trafficking In Persons seems to be the new form of slavery in Nigeria and beyond, targeting mostly young people and especially women and children from poor rural societies. The study revealed that trafficked persons are usually exposed to several hazards such as prostitution, forced labour, forced marriage, slavery, organ harvesting, and other forms of exploitation after being lured with false promises of work, marriage, and generally a better life. While traffickers are meant to be prosecuted using the instrumentality of the legal system, the facts reveal further that in most instances, it is usually friends, family, and close associates that actually take advantage of these vulnerable individuals to lure unsuspecting victims into this vice by taking advantage of such existing close relationships. The study found that factors that cause trafficking in persons by making individuals vulnerable include, but are not limited to: ignorance, greed, armed conflict, unemployment, and poverty. It was concluded that although there exists both domestic and international legal frameworks for the regulation of the menace of trafficking in persons, the reality has been that several challenges still bedevil the regulation of this vice which are not unconnected with social justice, issues such as discrimination, inequality, labour migration challenges, and general lack of care by most countries in their treatment of migrants, particularly those perceived as “illegal”. This makes trafficked individuals both vulnerable and unable to access protective services and effective remedies. It was recommended inter alia that the Nigerian government through the judiciary should ensure vigorous investigation, persecution and convicting of traffickers and their accomplices, particularly by imposing stringent sentences involving years of imprisonment.

The exponential growth of the telecommunications sector in Nigeria has accentuate the necessity for effective consumer education regarding rights and available legal remedies. This paper evaluates the initiatives undertaken by government agencies, particularly the Nigerian Communications Commission (NCC) and the Federal Competition and Consumer Protection Commission (FCCPC), aimed at educating consumers in this dynamic landscape. Through public awareness campaigns, outreach programs, and complaint resolution mechanisms, these agencies strive to empower consumers with knowledge about their rights, including quality service expectations, fair billing practices, and privacy protections. While significant progress has been made in raising awareness and improving access to information, challenges such as resource constraints, awareness gaps among rural populations, and the complexity of legal processes persist. Recommendations for enhancing consumer education effectiveness include targeted outreach efforts, collaboration with civil society organizations, and streamlining complaint procedures. Ultimately, by addressing these challenges, government agencies can better equip consumers to navigate the telecommunications landscape in Nigeria, fostering a more informed and empowered consumer base.