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Kingsley Osinachi N. Onu
Adeleke University
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Delegated Legislation In Nigeria: Taming the Wilddog While it’s Still Early Kingsley Osinachi N. Onu
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (431.303 KB) | DOI: 10.35335/legal.v11i3.312

Abstract

Separation of power is strong pillar of a democratic government in the world. All arms of government are expected to confine themselves to their traditional responsibilities under the law. However, modern day realities have shown that a strict adherence to this sacred principle have the tendency to grid a government to a halt. Delegated legislation is the statutory donation of law making power to a person, organ or institution other than the legislature. This practice eases of huge legislative burden on the legislature, and it is an acceptable practice globally. This paper uses a desk-based approach to examine delegated legislation in Nigeria. The paper considers the concept of power and delegation; origin of delegated legislation; arguments for and against delegated legislation; publication and control of delegated legislation in Nigeria. The paper finds that a challenge associated with the growing pace of delegated legislation in Nigeria is the possible threat to the legitimacy to legislative enactments. It further finds that there is the challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for the making of delegated legislation with strict provisions on scrutiny by the legislature or its committee.
Control of Delegated Legislation in Nigeria: a myth or a reality? Kingsley Osinachi N. Onu
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.688 KB) | DOI: 10.35335/legal.v11i3.329

Abstract

It is a common saying that power corrupts and absolute power corrupts absolutely, so is the case with delegated legislation. The legislature sometimes delegates its law making power(s) statutorily to the other arms of governments/institutions or persons to aid ease of governance. The delegate, therefore, handles the deals of the power delegated with a touch of expertise and skill. This paper uses an armchair research approach to examine the control of delegated legislation in Nigeria. The paper finds that there is a challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for making delegated legislation with strict provisions on scrutiny by the legislature or its committee.
Examination of The Legal Regime for Combatting Trafficking in Persons in Nigeria Kingsley Osinachi N. Onu
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2552

Abstract

Human trafficking is one of the biggest challenges of the 21st Century. The Sub Saharan Africa seems to be the center point of this global epidemic. Nigeria is an origin, transit and destination point for global trafficking in persons. This paper uses a doctrinal research approach to examine the legal regime for combatting trafficking in persons in Nigeria and argues that Nigeria must be more proactive in its fight against human trafficking. This paper finds that poverty, weak legal system, armed conflicts, climate change, family imbalance and greed among other factors, contribute to trafficking in persons. This paper finds that there exist a plethora of legislations on human trafficking in Nigeria, such as the Constitution of the Federal Republic of Nigeria 1999, as amended in 2018; Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2015; the Immigration Act 2015; the Criminal and Penal Code Acts; the Child’s Right Act and the African Charter. This paper finds that these extant legal frameworks in Nigeria are frost with several lacunas that will hamper and ultimately defeat the fight against human trafficking. The paper therefore makes suggestions on how to remedy the observed lacuna. The paper concludes by stating that the fight against human trafficking must be a collective effort by all. Human rights are not safe anywhere until all persons have enough of the same everywhere.
An Historical Appraisal of the EU-ACP Trade Relations: Blessing or Curse? Kingsley Osinachi N. Onu
Journal of Law Science Vol. 4 No. 3 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v4i3.2553

Abstract

There is a maxim that no man is an island. The above proclamation stands valid for country states additionally, as no country has ever effectively created with shut fringes. This demonstrates the certainty of exchange relations among countries. The Europe and the Africa, Caribbean and the Pacific (ACP) have been trading ever before the advent of slave trade up to date; and are strong trade allies up to date. It is a relationship that initially begun on the premise of business associations between early European wayfarers and indigenous anglers most particularly in the seaside regions of the Delta. This article examines these trade relations from pre-colonial period up to the extant Economic Partnership Agreement of 2007 that is being negotiated.  This article finds that it was the pre-colonial trade relations that enjoyed parity between the two parties, however, the affairs changed during the slave trade era when the trade changed from the products to the producers. This article further finds that ACP did not profit much from the subsequent agreements; this finding is hinged on the fact that after the seven centuries of the EU-ACP trade association, 39 out of the 70 ACP states remain among the Less Developed Countries. This article also finds that this poor performance can be attributed to both internal and external factors. This article advocates for a paradigm shift from the status quo to a regime where reciprocity should be based on achievement of human centered socio-economic indicators in ACP States. It further recommends the adoption of AU proposal for Common and Enhanced Trade Preference System (CETPS).
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