Kogi State
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Item Open Access Impact(2023) Eko-KonnectItem Open Access Lokoja LGA(Kogi State Government, 2011) Kogi State GovernmentLokoja is a city in Nigeria. It lies at the confluence of the Niger and Benue rivers and is the capital of Kogi State.[2] While the Oworo, Bassa Nge and Nupe[3] are indigenous to the area, other ethnic groups of Nigeria, including the Kupa-Nupe, Hausa, Ebira, Igala, Igbo, Bini/Edo, and Tiv[3] have recently established themselves. Projected to be the third fastest growing African continent city between 2020 and 2025, with a 5.93% growth. [4][5] It was listed a second class township by the 1917 township ordinance of the colonial administration. This shows that Lokoja is an old city.[6]Item Metadata only Lokoja LGA(2014-11-19) Kogi State GovernmentLokoja is a city in Nigeria. It lies at the confluence of the Niger and Benue rivers and is the capital of Kogi State. While the Oworo, Bassa Nge, and Nupe are indigenous to the area, other ethnic groups of Nigeria, including the Kupa-Nupe, Hausa, Ebira, Igala, Igbo, Bini/Edo, and Tiv have recently established themselves. Projected to be the third fastest-growing African continent city between 2020 and 2025, with a 5.93% growth. It was listed as a second class township by the 1917 township ordinance of the colonial administration. This shows that Lokoja is an old city.Item Metadata only the effects of the exercise of legal powers by administrative agencies and public functionaries beyond the limits prescribed for them by the enabling statutes.(ebsu repository office, 2022-02-16) ONYISHI LOUIS OHABUENYIAdministrative law as a public law deals with public issues particularly as it affect governing bodies and agencies. This is crystallized In the direction of powers, internal rules and regulations. Others are remedies for abuse of powers or mishaps in the exercise of discretions in order to achieve optimum goals for peace and stability in society. Hitherto these lofty ideals could not be said to exist properly amidst corruption and total disregard for laid down rules and encouragement of fire service approach and exigencies in our public life. The illegality inherent therefore is that the principles of ultra vires are jeopardized and subsequent compromise of the due process by public functionaries. This dissertation intends to highlight the effects of the exercise of legal powers by administrative agencies and public functionaries beyond the limits prescribed for them by the enabling statutes. In Administrative Law, the issue of ultra vires constitutional powers takes the form of 'either procedural or substantive pattern. This results in way of a breach of rules of procedural or misapplication of law or unlawful assumption of jurisdiction. It is on this note that the rule of the doctrine of ultra vires will be carefully examined. It is only a necessity and constitutional obligations that government, its agencies and officials are made servants and not masters of the people. The issue of problem or abuse of legal power is an important factor in the search for order and justice for a stable modern society. We consider it expedient to examine its effect in this dissertation, Therefore, we will in chapter one, introduce this topic. Here, we shall examine the meaning and then what situation that could develop into the ultra vires concept in chapter two, we will look into the procedural ultra vires of permissive, directory on one hand, and imperative procedural requirements, on the other hand. Chapter three will look into the substantive ultra vires. Followed by chapter four where the issues of unreasonableness as an aspect of ultra vires will be examined critically. Then chapter five will look into the questions whether the legislature is subject to doctrine of ultra vires and then proffer answers. We will look into the values of doctrine of ultra vires in chapter six. And finally summarize, make some useful suggestions and recommendations for proper use of ultra vires doctrines and then conclusion.Item Metadata only The operation of the local government system in Nigeria under the 1999 Constitution created a constitutional dilemma(ebsu repository office, 2022-02-12) ONWE ONU JOHNThe operation of the local government system in Nigeria under the 1999 Constitution created a constitutional dilemma, which is a national problem that has become a veritable source of political instability. The 1999 Constitution provides for a System of Local Government "by democratically elected council" which is to be established, managed and controlled under a law of a state. However, these powers granted to the states under Sections 7 subsection (1), 8 subsection (3), and 162 subsections (3), (6), (8) of the Constitution are also circumscribed by the combined implications of the operation of Section 3 subsection (6), which pegged the number of local governments existing in Nigeria as at May 29, 1999 and Section 7 subsection (1), Section 8 subsection (5), Section 9 subsections (2), (3), (4) and Section 162 subsections (3), (5), (7) of same Constitution which also, the same issue, conferred certain powers on the National Assembly. Apart from the constitutional and political difficulties of initiating or accomplishing any actions under Section 9 of the Constitution the powers granted the states are by the "doctrine of covering the field" circumscribed and rendered ineffective if the Federal Government decides to act under the aforesaid sections. The dilemma created by the combined operations of the aforesaid provisions of the 1999 Constitution has been a source of serious disputes between the Federal Government and some states that had sought to exercise their powers under sections 7, 8, 9 and 162 of the Constitution. This work attempts to study this problem, investigate factors that cause it and proffer solutions. In conducting this research, recourse has been had to the various constitutions of Nigeria since 1960 but in particular to the 1999 Constitution and statutes made thereunder, judicial decisions, opinions of learned authors of books, essays in journals, newspapers, conference materials, etc. This study finds that this constitutional dilemma has engendered serious constitutional disputes in the polity. We also found that local governments being the principal basis for the allocation of. socio-political and economic desiderata, especially parliamentary constituency delineation as well as revenue allocation, the Federal Government fears that the states may proliferate new councils and induce instability in the system. For this reason, the Federal Government through the National Assembly withholds the listing of state's newly created councils in the Constitution. In the light of these problems and our findings, we have made recommendations as possible solutions to the problem.Item Metadata only An Appraisal of Alternative Dispute Resolution (ADR) in Corporate Man,agement(ebsu repository office, 2022-02-15) OKPANI CHINYERE ROSEMARYThis research work looked at An Appraisal of Alternative Dispute Resolution (ADR) in Corporate Man,agement. ADR is seen as the modern way of settlement of dtsputes in commercial transactions without recourse to the court of law which is currently assuming wider application because of the speed in solving corporate disputes. In carrying out this research work primary and secondary materials were used. We identified the nature of disputes in corporate management 'and how ADR could be used to resolve them. It was discovered that not many people and institutions have recourse to this emerging phenomenon because of the fact that we are use to court system which is mostly indicative of 'trouble'. It was further discovered that deadlock in corporate management has hindered effective productivity and peaceful working environment in corporation and thus affected its expansion and increment in the company. It was the researcher's findings that the majority rule in corporate management if not handled with tact and precision will occasioned injustice on the minority. Therefore the need and importance of ADR in corporate management cannot be over emphasised as issues are brought to bear focusing on the interest of the parties 'other than positions thus, this research work encouraged persons and various institutions to go for ADR because of the benefits derivable from the process. In conclusion, the researcher accepted that, ADR being flexible and private encourages openness and willingness of the parties to resolve their disputes amicably, which at the end will lead to win-win situation and a better atmosphere for growth. Finally, the researcher recommended inter alia, that the directors and shareholders should greatly employ the use of ADR skills and strategies such as good listening and effective communication skills in resolving their disputes to enhance continuity in business and friendly relations. vItem Metadata only nefarious concept of executive profligacy(ebsu repository office, 2022-02-14) OCHEOHA A ONYEMAIn conformity with the time-honoured principle of separation of powers, the three major arms of government viz. the Legislature, the Executive and the Judicature are assigned specific roles and powers of law making; law implementation or day-to-day administration; arid interpretation of laws so made, coupled with punishment of offenders according to law, respectively. However, absolute separation of powers is a theoretical concept because in view of the complexities of modern administration, what we have in practice is fusion of powers, along with checks and balances to ensure that no one arm of government acts in arbitrary, arrogant or tyrannical manner. This is further demonstrated under Delegated Legislation, and due process, whereby the legislature delegates some of its powers of law making to the Executive arm .of Government. It is however observed that despite the salutary reasons which constitute the philosophical foundation of delegated legislation, and due process there are sporadic but .numerous complaints by members of the public about abuses of power and excess of authority by some arrogant and over- zealous members of the executive in course of their exercise of delegated powers. This is the nefarious concept of executive profligacy which this study set out to redress. Our methodological approach was a combination of the investigative, analytical and case study methods of legal research. After the general introduction at Chapter One, we undertook a review of literature in Chapter Two wherein there was a theoretical exploration into the concepts of delegated legislation due process and executive profligacy, their rationale and typologies; whereas Chapter ,Three examined the nexus between them and various instances and manifestations of executive lawlessness. In Chapters Four and Five, we examined mechanisms for control of 'deleg'ated legislation and checks on executive profligacy respectively, including legislative control, judicial review, public opinion and mass media checks. Our case study was an appraisal of the Public Complaints Commission as a measure by government to curb executive lawlessness; but which was 'bedevilled ' with myriads of legal constraints and administrative bottlenecks. Finally, some recommendations were made at Chapter Six towards ameliorating the deleterious incidents and effects of executive lawlessness; chief among which were some legal reforms and institution of a specialised administrative court in Nigeria The advocated special court is a distinct version of the French Oriot Administratif, the objective of which is to expedite trial of reported cases of executive profligacy and non observance of due process; thus minimizing their quantum and frequency of occurrence.Item Metadata only the evolution of International Humanitarian Law and the role of International Courts and Tribunals in the enforcement of International Humanitarian Law sanctions against individuals for their roles in war crimes and crimes against humanity(2022-02-22) OBOT EMMANUEL OBOTIn the early years of human history, wars were fought without any rules of combat. At that time, the purpose of war was to destroy the enemy physically and possibly display his head or other parts of the body in public to the delight of the citizenry. Two world wars and several international and non international armed conflicts have taken place over the years. These wars have brought about untold hardships to human beings, as some of the war lords hid under State immunity to commit war crimes with impunity. Adolf Hitler, for instance, had attempted to eliminate the Jews from the surface of the earth under his "Operation Final Solution". It became expedient to introduce rules that would check these excesses. This led to the recognition of the principle of 'individual responsibility for crimes under international humanitarian law in the Charter and the Judgment of the Nuremberg Tribunal. The recognition of this principle has made it possible to prosecute and punish individuals for' serious violations of humanitarian law. Today, the world's attitude towards the conduct of hostilities and armed conflicts has greatly shifted from that of passive onlook to that of justice, and a shift from State responsibility to holding individuals in power criminally responsible for crimes against humanity. The International Criminal Court (ICC) and other Regional Tribunals have been established to try and punish individual perpetrators of crimes against humanity. History was made on April 19, 2012 when the Special Court for Sierra Leone sitting in The Hague convicted the former Liberian Head of State, Charles Taylor for war crimes and crimes against humanity, the first judgment against .a former head of state since the World War II Nuremberg trials ill 1945. Currently, the world is watching the humanitarian abuses in Sudan, Syria, Bahrain, Yemen and it is certain that those leaders will sooner or later be 'guests' to the TCC. This research attempts to trace the evolution of International Humanitarian Law and the role of International Courts and Tribunals in the enforcement of International Humanitarian Law sanctions against individuals for their roles in war crimes and crimes against humanity. The methodology adopted is the expository and content analysis style, tapping from library sources,papers presented by learned university dons, and the internet. This research advocates the co- operation of nation states in identification, prosecution and extradiction (where necessary) of culprits of crimes against humanity. The veils of " ational sovereignty" the "principle of non-interference in the internal affairs of the states", and the "immunity of Heads of State" no longer shield culprits, as the modern world now rises in condemnation of crimes against humanity.Item Metadata only comparative evaluation of contributions of the major regional human rights systems(ebsu repository office, 2022-02-24) NWOCHA ENYA MATTHEWIn the last decade much cynicism has enveloped the human rights landscape at the regional level. This is an offshoot of intense criticism and debate concerning the impact of the regional human rights system on the growth and development of international human rights and indeed the overall relevance of international human rights to the contemporary world order. While some believe that the regional system is inactive, ineffective and comatose, others insist that with structural and institutional overhaul, the system is in the best position to act as a catalyst to propel and sustain international observance of human rights in its best traditions. This research therefore provides a comparative evaluation of contributions of the major regional human rights systems, namely, the European, inter-American and African to the development of international human rights law and practice. The research which employs the doctrinal method provides an analysis of the strengths and weaknesses of human rights legislations operating in the regions under study, their institutions and enforcement mechanisms. Among the major findings are that the negative and ubiquitous presence of claw-back clauses in the regional human rights legislations has the damaging impact of watering down the potency of those legislations and almost turning them into paper tigers. However, it is also discovered that each system though bedeviled by legislative, procedural and institutional bottlenecks that have been critically analyzed, has made unique input to the overall practice of international human rights ranging from comprehensiveness of legislations to greater emphasis on democratic governance. Hence the output of this research is intended to further strengthen the gains accomplished in this respect having clarified applicable laws on point and proposed amendments to extant legislations and their enforcement processes among them the employment of both Commissions and Courts in human rights promotion and protection; making the tenure of Commissioners and Judges full-time; and the standardization of claw-back clauses to attain objectivity.Item Metadata only International Law's major focus has been with Issues of War and International Conflict, foreign policy formulation and the quest for, National Interest, political relations and activities all across state borders.(ebsu repository office, 2022-02-18) NWANKWO CELESTINE NWAOKOMAAs a discipline, International Law's major focus has been with Issues of War and International Conflict, foreign policy formulation and the quest for, National Interest, political relations and activities all across state borders. Consequently, scholars of International Law see the problems of war in the international scene, how it can be prevented and how to control it when it inadvertently occurs as central. It is also a settled fact that, developments in human history usually posses two ends which are invariably associated with such developments - the positive and the negative. In this connection, an outstanding feature of the emergence of sovereignties came along with a devastating scope to warfare amongst sovereign states. Consequent. upon this, state men and diplomats have been occupied with the issues of avoiding the annihilation of mankind on the surface of the earth on the one hand, and on how to check the hardship and suffering of the human person in time of war on the other. But despite the several charters, conventions, treaties and protocol put in place to safeguard the sovereignty of the Nation- states and International Humanitarian Law, these rules have been breached in several occasions in pursuit of what leaders call "National Interest".