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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Media Hukum Jurnal Hukum Novelty INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Substantive Justice International Journal of Law Lex Scientia Law Review The Indonesian Journal of International Clinical Legal Education Indonesian Journal of Law and Society Indonesia Private Law Review Batulis Civil Law Review Journal of Law and Border Protection Indonesian Journal of International Law Indonesia Law Review (ILREV) Journal of Law and Legal Reform Lex Scientia Law Review
Nnawulezi, Uche
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime Nnawulezi, Uche; Adeuti, Bosede Remilekun
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.01

Abstract

This paper explores the strategic interest in promoting the right to work through migration. Ideally, migrant workers whether under contract or other formal arrangements, or simply setting off on their own initiative should be given a basic understanding of the language, culture, legal, social, and political structures of the states to which they are going. This is really important given the complex nature of the rights of all migrant workers and members of their families, as an evolving regime that has faced difficulties in the implementation of their rights to work at the global level. This paper therefore set out to examine why most migrant workers experience challenges in securing employment, while some have to surmount far more barriers either before their departure, or at the time of their admission to the state of employment of all conditions applicable to their admission, as well as of the requirements they must satisfy in the state of employment and the authority to which they must satisfy in the state of employment and the authority to which they must address themselves for any modifications of those conditions. The methodology underpinning the research is essentially descriptive, thus, deductive logical “content analysis” is employed. This paper among other things argues that the consequences of migration and the situation of vulnerability in which migrant workers and members of their families frequently-find themselves cannot only be solved by having a functional fundamental human rights approach on the complexity of social, economics, and cultural issues prevalent in the migration regime. This paper concludes that with due respect to the author and to his concern for the protection and promotion of the right to work through migration, is to say the least, is a first step towards a sustainable promotion of the right to work through migration.
Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada Nyekwere, Empire Hechime; Nnawulezi, Uche; Adiyatma, Septhian Eka; Balarabe, Kasim; Rouf, Muhammad Abdul
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.69394

Abstract

The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).
Promoting Human Rights in Educational Sector in Nigeria: Trend of Student's Participation Nnawulezi, Uche; Adeuti, Bosede Remilekun
The Indonesian Journal of International Clinical Legal Education Vol 4 No 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.56206

Abstract

The issue as to whether students are holders of rights in the changing faces of higher education in Nigeria has been a subject of great debate by scholars in human rights law and educational administration. These debates relate to whether students only have an interest which should be protected or a choice which can be exercised as right holders. However, the choice of exercising this interest is inherent in the student’s right to participation which entails a right to express a view especially in areas of decision making relating to education and welfare. The author noted in this study that even though issues of student’s welfare and education are engaged on the platform of rights, there is controversy as to whether students should participate in decisions that will change the face of higher education. This paper argues that adopting a right-based approach which recognizes the evolving competence of students and that allows full participation of students in decision making process in higher education in these respects strictly complies with international human rights practices on right to education. The paper concluded by making some recommendations useful to tackle the technical and legal intricacies occasioned by a weak educational culture.
Repositioning the Nigerian Lawyer Through Mandatory Continuing Legal Education: Developing a Cross-Border Approach to Legal Education Nnawulezi, Uche; Nwaechefu, Hilary
The Indonesian Journal of International Clinical Legal Education Vol 4 No 3 (2022): Development of Legal Education in Various Contexts
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i3.56654

Abstract

The main aim of the article is to examine how the Nigerian lawyer will be better equipped through mandatory continuing legal education with regards to developing a cross- border approach to legal education in Nigeria. The article revealed the shortcomings of legal education in Nigeria and compared them with other legal education system around the globe. The article addressed three core questions that are particularly relevant to the Nigerian lawyer: (1) who is considered a Nigerian lawyer under the Nigerian legal practitioners Act? Approaching this question allows examination of the relevant sections of the legal practitioners Act. The second and third questions addressed two issues that are crucial to the practice of law in Nigeria (2) how is the practice of law regulated? (3) Are there provisions for mandatory continuing legal education for the Nigerian lawyers? This approach revealed that there are provisions for mandatory continuing legal education in Nigeria, but in practice, it appears only to be figment of imagination. However, the article adopted a diagnostic approach based on a review of literatures and evidence-based analysis of legal education around the globe. In conclusion the article through the lens of cross-border legal education finds that there is a gap in repositioning the Nigerian lawyer through mandatory continuing legal education since it has remained a figment of imagination ever since it evolved. This article is expected to provide an understanding of the appropriate form of legal education for Nigerian lawyers to face contemporary challenges in the competitive market for lawyers.
WITHOUT BORDERS: AN EXEGESIS OF HUMAN RIGHTS OF IMMIGRANT EMPLOYEES IN THE UNITED KINGDOM AND KINGDOM OF SAUDI ARABIA Nnawulezi, Uche
Journal of Law and Border Protection Vol 6 No 1 (2024): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v6i1.579

Abstract

The principal aim of this paper is to test how States implement international human rights law (IHRL) with respect to the security and welfare of immigrant employees in their country of residence. The paper explicates relevant IHRL shortcomings and contrasts them with rules applicable in situations of human rights abused of immigrant employees. This paper resolves three core questions that are specifically important to immigrant employees as follows: (1) who are considered immigrant employees under each law? Addressing this question permits the testing of whether States understands the status of immigrant employees under International Human Rights Treaty Laws, (2) How is the legal status of immigrant employees managed? (3) Are immigrant employees provided with adequate safeguard along with corresponding security in their place of residence? The outcome of this inquiry revealed that States seldomly apply IHRL understanding of the status of immigrant employees in discussing some of the notable short-comings that contributes to the challenges faced by immigrant employees in their place of residence. Driven fundamentally by efforts to eradicate harmful practices and human rights abuses on immigrant employees, yet immigrant employees are exposed to all manner of employment-related abuses and discrimination in their respective work place. Nonetheless, the paper analyzed cases of discriminatory practices against immigrant employees in UK along with Saudi Arabia. The paper explores what explicit legal and regulatory constraints impedes immigrant rights at his workplace. Moreover, it considers proper measures for managing and overcoming such impediments. The paper adopts analytical approach in its argument through a review of literatures, treaties and conventions. The paper concludes that the right of immigrant employees is universal, inalienable, indivisible and interdependent, regardless of where they are and of their status.
Promoting the Responsibility to Protect through Non-State Armed Groups Nnawulezi, Uche; Nwaechefu, Hilary
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.28764

Abstract

Promoting responsibility to protect through non-state armed groups will immensely reduce humanitarian crises around the globe. This paper aimed to analyze in detail the notion of responsibility to protect through non-state armed groups and its constitutive elements and set out a legal test that will expand the pre-existing notion of humanitarian intervention. In doing so, the paper advanced several conceptual arguments that focused on the responsibility to protect. The paper analyzed its views in light of contemporary developments on the responsibility to protect. The paper adopted a diagnostic approach based on a review of the literature and an evidence-based analysis of the humanitarian engagement of non-state armed groups. This paper showed the importance of reiterating that if the future of humanitarian intervention must be guaranteed, the need to take cognizance of the significant role of non-state armed groups in conflict mediation or intervention should not be overlooked. It is advanced that the continued neglect of non-state armed groups in conflict mediation or intervention portends a clog in responsibility to protect during armed conflicts. KEYWORDS: Responsibility to Protect, Non-State Actors, Armed Groups.
Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare Nnawulezi, Uche; Mohammed, Safiyyah Ummu; Adiyatma, Septhian Eka; Ojekunle, Ademola O.; Ajayi, Oluwatobiloba Ifedolapo
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.22420

Abstract

The aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities. 
Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime Nnawulezi, Uche; Adeuti, Bosede Remilekun
Brawijaya Law Journal Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.01

Abstract

This paper explores the strategic interest in promoting the right to work through migration. Ideally, migrant workers whether under contract or other formal arrangements, or simply setting off on their own initiative should be given a basic understanding of the language, culture, legal, social, and political structures of the states to which they are going. This paper therefore set out to examine why most migrant workers experience challenges in securing employment, while some have to surmount far more barriers either before their departure, or at the time of their admission to the state of employment of all conditions applicable to their admission, as well as of the requirements they must satisfy in the state of employment and the authority to which they must satisfy in the state of employment and the authority to which they must address themselves for any modifications of those conditions. The methodology underpinning the research is essentially descriptive, thus, deductive logical “content analysis” is employed. This paper argues that the consequences of migration and the situation of vulnerability in which migrant workers and members of their families frequently-find themselves cannot only be solved by having a functional fundamental human rights approach on the complexity of social, economics, and cultural issues prevalent in the migration regime. It concludes that with due respect to the author and to his concern for the protection and promotion of the right to work through migration, is to say the least, is a first step towards a sustainable promotion of the right to work through migration.
Promoting Justice through Membership Rights: Insights from International and Municipal Law Nnawulezi, Uche; Mugisha, Cedric; Hakuzimana, Jean Damascene; Yesashimwe, Amina
Susbtantive Justice International Journal of Law Vol 7 No 2 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i2.302

Abstract

The paper aims to examine how international law can be advanced through membership rights, with a particular focus on international organizations and municipal laws. It explores how treaty-based frameworks in international law facilitate cooperation among states, while municipal law operates within the sovereign jurisdiction of individual states. The paper highlights key distinctions in the regulation and enforcement of membership rights within these two systems. It may be argued that while international organizations provide a platform for collective action on global issues, enforcement mechanisms remain limited due to the lack of centralized legislative or executive authorities. These structural limitations create disparities among states, where weaker states may face indirect subjugation in the face of international negotiations. The paper employs a doctrinal approach by identifying and analyzing relevant treaties, laws, case law, and scholarly works. It demonstrates how international and municipal legal systems intersect, especially through human rights treaties, which enable individuals to access global judicial mechanisms. The paper reveals that, despite the existence of global justice mechanisms, enforcement remains challenging due to power imbalances and concerns over state sovereignty. Reservations made by states to international treaties further undermine the effectiveness of these frameworks. The paper concludes with recommendations to strengthen the legal frameworks governing membership rights. These include eliminating state reservations to international treaties, enhancing enforcement mechanisms under international legal frameworks, and ensuring equitable participation by all member states. These measures are necessary to harmonize international and municipal legal systems for the better protection and promotion of human rights.
Evaluating the right to life: Lessons from Nigeria, the African Charter, and Indonesian regulations Nnawulezi, Uche; Emmanuel, Okibe; Suhadi, Suhadi; Magashi, Salim Bashir; Adiyatma, Septhian Eka
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.29985

Abstract

Introduction to the Problem: The problem of the study is basically on exploring the inadequacies of the existing regulations in safeguarding human life as continuous violations of the sanctity of human dignity have remained unabated in recent years in Nigeria. Purpose/Study Objectives: The purpose of the study is to examine the phenomenon of the right to life in CFRN, 1999 and ACHPR,1981 and their contributions to the fundamental rights enforcement system. Drawing on past or present human rights abuses of the constitutional rights of individuals in Nigeria, the question asked is whether human rights instruments in place are no longer capable of adequate protection of human life in Nigeria. In this sense, the aims of the study are to understand this issue by examining the strengths and weaknesses of the legal frameworks meant to protect lives in Nigeria. The paper argued that the CFRN 1999 and ACHPR 1981 have an absolute prohibition on abuse of human life. The paper examines, among others, the obligations on states to adopt measures capable of addressing the incessant abuse of human rights. Comparing Indonesia as a comparative country in noticing and comparing a country with a different culture. Design/Methodology/Approach: This study uses an analytical and qualitative approach to the current legislation, policies and literature on constitutional rights and this is achieved by synthesizing ideas and comparing with the rules of other countries, especially Indonesia. Findings: The research found that lack of prosecution, political interference, and insufficient accountability hinder human rights enforcement in Nigeria. Despite this, the CFRN 1999 and ACHPR 1981 can still protect lives if human rights legislation is reformed to be more proactive. The comparison with Indonesia highlights that each country has unique customs and characteristics in safeguarding the right to life. Paper Type: Research Article
Co-Authors Adeuti, Bosede Remilekun Adiyatma, Septhian Eka Ajayi, Mary-Ann Onoshioke Ajayi, Oluwatobiloba Ifedolapo Akhamddhian, Suwari Balarabe, Kasim Cahyani, Indah Fitri Chinyere Constance, Ogah DAHLAN, TRI ANDARI Dikha Anugrah Emmanuel, Okibe Hakuzimana, Jean Damascene Kabano, Jacques Magashi, Salim Bashir Mohammed, Safiyyah Ummu Mugisha, Cedric Nwaechefu, Hilary Nyekwere, Empire Hechime Ojekunle, Ademola O. Okereke, Obinna Nnanna Pandapotan Damanik Ramli, Asmarani Rouf, Muhammad Abdul Siswanto, Carissa Amanda Sri Mulyani Suhadi Suhadi Yesashimwe, Amina