As a result of maritime piracy attacks in the Gulf of Guinea, especially in the West Africa sub-region, off the coast of Nigeria the researcher started carrying out research in 2014 on the laws pertaining to piracy. In this regard Nigeria does not have the legal framework to effectively address the threat of piracy off its coast but a Bill entitled: “Piracy and Other Unlawful Acts at Sea (and Other Related Offences) Act” has been forwarded to the Nigerian National Assembly in order to criminalise ‘piracy and other unlawful acts at sea’. For this reason, the researcher deems it necessary to examine the provisions of the Bill to determine whether it is adequate to address the threat of piracy or whether there is a need to reform or improve it. As a result of the research, it was revealed that the Bill will never achieve the purpose for which it was drafted as the legal framework on piracy of the Bill has many limitations which makes it easier for perpetrators to escape punishment. In order to achieve the goal of this Bill, the researcher deemed it necessary to contribute by drafting maritime piracy legislation for Nigeria that effectively addresses the threat of piracy off its coast, relying on the preparatory work for UNCLOS and other global, continental and regional instruments relevant to maritime piracy. Relied upon also are comparative analyses of piracy legal system of Anglophone African States and Nigerian legislation. This draft legislation amends the limitations of the Bill and is in accordance with legal notions of piracy which emerge from the combination of the principles of criminal and international law.

No description available.

No description available.

This dissertation titled ‘An appraisal of the law relating to oil pollution in the inland, territorial and maritime waters of Nigeria’ examines whether the law governing oil pollution in Nigeria is satisfactory in so far as determining issues of liability and compensation for oil pollution are concerned. The thesis examines a research hypothesis on the determination of the question whether the law adequately caters for victims of oil pollution occurring in the inland, territorial and maritime waters of Nigeria and if not, what are the observable defects and how can these defects be remedied. Not only has there been a considerable environmental degradation in Nigeria occasisoned by oil exploration and exploitation, particularly in the areas around the Niger Delta, but there has been serious socio-economic consequences pertinent to sustainable development of Nigeria as a nation. These impacts and the government’s attempts to tackle the problems have been the focus of this thesis. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

No abstract available. / Thesis (Ph.D.)-University of KwaZulu-Natal, 2007

This study was conducted to determine the predictors of legislators’ acceptance and use of Information and Communication Technology (ICT) in the performance of legislative functions in the Nigerian National Assembly (NASS), Abuja, Nigeria. A dominantly positivist paradigm using quantitative and qualitative approaches was used. The survey methodology was used and the questionnaire was distributed to all the 469 federal legislators of NASS. An in-depth interview was conducted on five principal officers of the NASS, namely the Chairs of House Committees on ICT and Education; the Chair of Senate Committee on Communication; Director of ICT; and the Clerk of NASS. The data collected through a survey questionnaire was analyzed using the statistical Package for Social Sciences (SPSS) to generate summary and descriptive statistics, Pearson Multiple Correlation, Analysis of Variance, Stepwise Multiple Regression and Path Regression Analysis; while qualitative data was analyzed using content analysis and thematic analyses. The theoretical framework used for the study was an extension of the Unified Theory of Acceptance and Use of Technology (UTAUT) by Venkatesh, Morris, Davis and Davis (2003). A test-retest reliability method of two weeks interval using Cronbach Alpha was conducted on 24 state legislators. The expected reliability stood at r=0.92, which was adequate for the study. Ethical considerations were taken into account with informed consent forms, approval seeking, permission and confidentiality. The findings showed that culture, academic qualification, attitude, behavioural intention, age and organizational impact were the most important predictors of ICT acceptance and use among legislators in NASS. The findings affirmed the ease of use of ICT of the legislators and suggested that legislators have a positive attitude towards ICT use. The findings showed that the legislators perceived ICT as useful and relevant to legislative work. The ICT usage level by legislators was generally low. The inhibitors of ICT acceptance and use that were found in the present study include: lack of exposure to e-parliament systems and fear of technology manipulation and political alienation. The findings on the relationships between independent and dependent variables (culture, ICT availability, facilitating conditions, effort expectancy, social influence, and performance expectancy) and the dependent variable (ICT acceptance and use) by legislators revealed that culture, facilitating conditions, effort expectancy, social influence and performance expectancy were positively correlated with ICT acceptance and use. ICT availability and performance of legislative functions, behavioural intention and gender were found to be negatively correlated with ICT acceptance and use. The findings of the tested hypothesis showed that independent variables (ICT skills, gender, age and level of education) were positively related. Findings revealed that independent variables (culture, ICT availability, facilitating conditions, effort expectancy, social influence and performance expectancy) jointly contributed 7.1% and 32% to the total variance in behavioural intention and user behaviour (moderator variables), respectively. The findings of the study contribute towards creating awareness of the potentials of ICT to support representative democracy in Nigeria. The study made recommendations that have the potentials to improve policy and practice of e-parliament by recommending the provision of ICT for legislators to fit cultural contexts in Nigeria and theoretical interventions to the model of technology adoption by using culture to extend the UTAUT to better explain the phenomenon in Nigeria. The overall conclusion in this regard was that variables such as trust, security, accessibility, power supply, motivation, ICT policy, often used to extend technology adoption models such as UTAUT in studies in Asia and South America, were not found relevant in the context of legislators in Nigeria. The study recommended the need for ICT change agents from among the legislators to support members to become truly mobile workers. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2014.

The practice of female genital mutilation is a global problem and it is prevalent in Africa. According to the United Nations Children's Education Fund (2005), each year about three million women and girls are subjected to female genital mutilation, predominantly in parts of Africa and a few Asian and Middle East countries. The situation is the same in Nigeria, Africa's most populous country, where a large number of women and children have undergone and continue to undergo female genital mutilation. According to a UNICEF study, over 32% of Nigeria's female population has endured female genital mutilation and its attendant negative health and human rights consequences (UNICEF 2003: 2).Though Nigeria does not, at present, have a federal law banning female genital mutilation, the process of introducing one has been set in motion by the House of Representatives (lower house), which passed the HB22 Bill in 2007 (Deen 2008:1), which is still awaiting ratification by the Senate (Upper House) and acceptance by the Executive. However, eight out of the thirty-six states in Nigeria have passed laws prohibiting the practice of female genital mutilation (Jimoh 2005). The broad focus of this study was to explore the implementation of social regulatory policy, using the case of the implementation of female genital mutilation legislation in Nigeria. A policy analysis of social regulatory policy was investigated, with secondary studies on the implementation of female genital mutilation legislation in Nigeria. The broad issues investigated in the study include identifying the main aims and objectives of social regulatory policy; the policy instruments employed in the implementation of social regulatory policy; the implementation process of social regulatory policy; and the challenges and successes experienced by implementors in implementing social regulatory policy. The key issues the study sought to investigate include identifying the aims and objectives of female genital mutilation legislation in Nigeria; the policy instruments employed to implement female genital mutilation legislation; the implementation process of female genital mutilation legislation; and the challenges and successes experienced by implementors in implementing female genital mutilation legislation. The findings of social regulatory policy analysis showed that public participation is critical to the effective implementation of social regulatory policies, as they may encounter implementation difficulties if there is no provision for public participation during policy formulation. This in itself can give the government a better understanding of the socio-cultural issues at stake. These studies also showed that the wrong combination of policy instruments can hinder the effectiveness of social regulatory policy. Out of the varying policy instruments employed for policy implementation, government must choose the right combination of instruments that suits the intended policy outcome, in order to produce different effects. In order for social regulatory policies to be effective, implementers responsible for implementing social regulatory policy need to understand policy goals and be committed to its objectives. Adequate resources, both capital and human, must be invested in employing and training implementing agents. Finally, building and fostering networks and collaboration with civil society are critical to the successful implementation of social regulatory policies. In terms of application to this case study, the present investigation revealed that the implementation of female genital mutilation legislation in Nigeria has been difficult, and crippled with challenges, due to a number of factors that hinder effective policy outcome. These challenges are not unrelated to the fact that democracy is still nascent in Nigeria. First, there was a lack of public participation in the policy formulation process, which had negative consequences for effective implementation. Second, policymakers did not employ suitable policy instruments and this has hindered the implementation of female genital mutilation legislation. Third, a lack of common goal definition between implementing agents and policymakers has led to problems during the implementation of the policy. Other problems which have hindered the effective implementation of the policy include lack of skilled adequate resources, both capital and human, needed for the implementation of the policy. Finally, this study showed that government's failure to involve and collaborate with other actors/stakeholders through building networks with non-governmental organizations negatively affected the policy process. Building networks encourages the exchange of skills and information which can bring about effective policy implementation. The study concludes that these problems are pertinent to social regulatory policies, in general. Public participation in the policy formulation process must be encouraged, through active collaboration with civil society; employing the right policy implementation instruments and building institutional capacity (manpower) and providing adequate funding remain critical to the effective implementation of female genital mutilation legislation, not only in Nigeria, but in other places where such practices are deeply rooted in cultural beliefs. Also, for legislation to be effective, it must comprise the appropriate legal measures (that is, creating proper legal structures and legislation that will constrain and guide the behaviour of targets), regulatory measures (this involves the use of enforcement measures in order to compel the desired behavioural change) and policy measures (which encourages the participation of the targets in the policy process). / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

Issues concerning employment are some of the most serious issues of our time. But it is in the last two decades or so that these started receiving consideration. For instance, South Africa has experienced changes in the landscape of employment relations in organisations in the last decades. And no area of South Africa law is more critical than the prohibition of unfair discrimination, especially in the workpalce. The enactment of the Constitution brought about the need to eradicate unfair discrimination in the workpalce. Section 9 of the Constitution states that no person may unfairly discriminate directly or indirectly against anyone and that national legislation must be enacted to prevent or prohibit unfair discrimination. To enforce this, certain legislations like the Labour Law Act, Employment Act, Promotion of Equality and Prohibition of Unfair Discrimination Act (Equality Act), were enacted to give effect to the equality provision of the Constitution. In a similar vein, in Nigeria, workplace discrimination which is at the top of human rights violation perpetrated by employers of labour is of paramount concern to legislators and the government. Sex , age, ethinicty, religion, trade union membership and political opinion are some of the grounds upon which workers may not be discriminated against in Nigeria. Section 17 of the Constitution states that the State social order is founded on the ideals of freedom, equality and justice. It goes on to provide that every citizen shall have equality of rights, obligations and opportunities before the law. More specifically, the section stipilates that the State shall ensure that all citizens, without discrimination of any group whatsoever, have the opportunity of livehood as well as adequate opportunity to secure suitable employment and that there is equal pay for equal work without discrimination on account of sex, or any ground. Hence, there are The Nigerian Labour Act, the Federal Character Commission, etc that are saddled with the responsibility of addressing unfair discrimination and giving force to the provision of the Constitution. Despite the anti-discrimination laws and provisions made available in both countries, it is still alarming to see that unfair discrimination in the workplace is still on the increase. This, as will be discussed later, is probably due to factors such as lack of communication, long-stading patterns of educational inequalities that have resulted in inequalities in manpower, differences in drive, motivation, cultural disposition and geographical opportunities, racial difference and ethnicity, domination of one group by the other, etc. This research will briefly focus on the comparison between the approaches to unfair discrimination in employment between South Africa and Nigeria. It will discuss the development of unfair discrimination, grounds on which it is perpetrated, defences relating to unfair discrimination, and anti-discrimination laws put in place by the two jurisdictions to curb discrimination, as well as suggest on how to forestall unfair discrimination.

One of the realities that developing countries like Nigeria have to face today is that national and international markets have become more and more interconnected through the global platform of telecommunications and the Internet. This global networked economy is creating a paradigm shift in the focus of development goals and strategies particularly for developing countries. Globalisation is driving the nations of the world more into political and economic integration. These integrations are enhanced by a globally interconnected network of economic and communication systems at the apex of which is the Internet. This network of networks thrives on and encourages the expansion of cross-border flows of ideas and information, goods and services, technology and capital. Being an active member of the global network economy is essential to Nigeria’s economic development. It must plug into the network or risk being shut out. The global market network operates by means of rules and standards that are largely set by the dominant players in the network. Data protection is a critical component of the regime of rules and standards that govern the global network economy; it is evolving into an international legal order that transcends geographical boundaries. The EU Directive on data protection is the de facto global standard for data protection; it threatens to exclude non-EU countries without an adequate level of privacy protection from the EU market. More than 50 countries have enacted data protection laws modelled on the EU standard. Access to the huge EU market is a major motivation for the current trend in global harmonisation of domestic data protection laws. This trend provides a compelling reason for examining the issues relating to data protection and trans-border data flows and their implications for Nigeria’s desire to integrate into the global network economy. There are two primary motivations for legislating restrictions on the flow of data across national boundaries. The first is the concern for the privacy of the citizens, and second, securing the economic well-being of a nation. It is important that Nigeria’s privacy protection keeps pace with international norms in the provision of adequate protection for information privacy order to prevent potential impediments to international trading opportunities. / Public, Constitutional, & International / LLD

One of the realities that developing countries like Nigeria have to face today is that national and international markets have become more and more interconnected through the global platform of telecommunications and the Internet. This global networked economy is creating a paradigm shift in the focus of development goals and strategies particularly for developing countries. Globalisation is driving the nations of the world more into political and economic integration. These integrations are enhanced by a globally interconnected network of economic and communication systems at the apex of which is the Internet. This network of networks thrives on and encourages the expansion of cross-border flows of ideas and information, goods and services, technology and capital. Being an active member of the global network economy is essential to Nigeria’s economic development. It must plug into the network or risk being shut out. The global market network operates by means of rules and standards that are largely set by the dominant players in the network. Data protection is a critical component of the regime of rules and standards that govern the global network economy; it is evolving into an international legal order that transcends geographical boundaries. The EU Directive on data protection is the de facto global standard for data protection; it threatens to exclude non-EU countries without an adequate level of privacy protection from the EU market. More than 50 countries have enacted data protection laws modelled on the EU standard. Access to the huge EU market is a major motivation for the current trend in global harmonisation of domestic data protection laws. This trend provides a compelling reason for examining the issues relating to data protection and trans-border data flows and their implications for Nigeria’s desire to integrate into the global network economy. There are two primary motivations for legislating restrictions on the flow of data across national boundaries. The first is the concern for the privacy of the citizens, and second, securing the economic well-being of a nation. It is important that Nigeria’s privacy protection keeps pace with international norms in the provision of adequate protection for information privacy order to prevent potential impediments to international trading opportunities. / Public, Constitutional, and International / LL. D.