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Reevaluating the Formal Requirements of Wills: Advocating for the Integration of Electronic Wills Nwabueze, Lilian Ifeoma; Gasiokwu, Peter Ikechukwu
Khazanah Hukum Vol 6, No 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.35933

This paper aims to examine the nature and purpose of the formal requirements of Wills, highlighting their limitations and the need for adaptation in the context of modern electronic communication. The doctrinal research method was employed to evaluate legal problems and analyse the current statutory framework governing Wills. The study found that the traditional formal requirements for Wills, intended to provide testamentary protection and serve as legal proof of execution, often fail to meet their purpose effectively. Judicial and judicious applications of these rules have revealed significant limitations. There is an urgent need for the law to adapt to technological advancements by incorporating electronic Wills. This adaptation would address the inadequacies of current formal requirements and ensure the effectiveness of testamentary dispositions as evidenced in its use in South Africa by all categories of persons- with or without legal knowledge; in the United States of America for exigencies and in Australia to ensure high level of confidentiality and secrecy. The paper recommends articulated formalities supported by electronic communication to achieve testamentary goals. It suggests amendments to the extant laws on Wills in jurisdictions where provisions for dispensing powers are missing while detailed and applicable electronic Will legislation is recommended for jurisdictions that have long recognized the need for testamentary disposition to join the global advancement in technology.

The Challenges of the Anti-Open Grazing Laws in Nigeria Azomani, Ifenna Leonard; Gasiokwu, Peter Ikechukwu
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.43984

Open grazing, the traditional practice of moving livestock freely across regions in Nigeria, has contributed significantly to rising insecurity, farmer-herder conflicts, and environmental degradation. In response to the Federal Government's inaction, several Nigerian states have enacted Anti-Open Grazing Laws to regulate the practice. This article critically examines the legal, political, and environmental challenges posed by these laws, with particular reference to the Delta State Livestock Breeding and Marketing Regulation Law, 2021. Using a doctrinal legal methodology, this study analyses statutory texts, judicial decisions, and scholarly commentaries. It finds that while these laws offer a regulatory framework for livestock management, their implementation is hampered by questions of constitutional competence, weak enforcement mechanisms, political resistance, and the exclusion of nomadic pastoralist perspectives. The paper further reveals that the federal government’s opposition to state-level grazing laws exacerbates ethno-regional tensions, especially due to the socio-cultural identity of nomadic herders. The study concludes that while state legislation is constitutionally permissible under the concurrent legislative list, a harmonized federal framework incorporating customary law, socio-economic realities, and inclusive stakeholder consultation is essential for a sustainable solution.

Legal Reform in Political Party Financing in Nigeria: Strengthening Frameworks and Enhancing Enforcement Mechanisms Esavwede, Jenigho Philip; Gasiokwu, Peter Ikechukwu; Antai, Godswill Owoche
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20837

Political party financing remains a critical issue in Nigeria’s democratic governance, with weak enforcement of electoral laws facilitating corruption, undue political influence, and electoral malpractice. While Nigeria possesses a robust legal framework, enforcement inefficiencies and regulatory loopholes undermine financial transparency and accountability in political processes. This paper critically examines the existing legal framework governing political party financing in Nigeria, particularly the 1999 Constitution and the Electoral Act 2022, and advocates for comprehensive reforms to enhance compliance mechanisms. Adopting a doctrinal research methodology, the paper analyses statutory provisions, judicial precedents, and international best practices to identify key areas for legal and institutional improvements. The findings reveal that effective enforcement is hindered by political interference, inadequate regulatory oversight, and outdated legal provisions. To address these challenges, this study recommends targeted reforms, including strengthening the financial disclosure obligations of political parties, increasing penalties for violations, and establishing an independent electoral finance monitoring unit within the Independent National Electoral Commission (INEC). By aligning Nigeria’s framework with global best practices, these reforms will promote greater transparency, accountability, and fairness in the country’s political finance system.

Prevailing Cases of Lawyers' Liability in The Conduct of Cases a Case for Prefessional Indemnity Gasiokwu, Peter Ikechukwu; Ehirim, Ugochukwu Godspower
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.50333

Every profession has peculiar risks and liabilities attaching it. The legal profession and indeed the advocate is not exempt from the prescribed duty of care in his relationship with his clients. This has become so imperative in the face of globalized legal practice in the 21st century that the advocate may bear personal costs in the course of his duty. This article attempts to re-visit the controversy over liability of legal practitioners, particularly litigation lawyers in Nigeria. The common law, as well as the statutory rationale for lawyers' liability is highlighted. A critical analysis of award of costs by the courts on individual lawyers in most recent times is made. Evaluating the trend, it is argued that while a lawyer might be validly liable in the tort of negligence to his client for ‘crass carelessness', imposing prohibitive costs on advocates for daring to push novel or unpopular positions in court, without more, would not help the development of the rule of law in Nigeria. These class of cost orders if enforced religiously against counsel would have the negative effect of keeping victim-lawyers out of practice. In the light of the foregoing, a case is made for mandatory professional indemnity for litigation lawyers to cater for unfortunate costs and to ensure that a lawyer does not compromise his professional ethos for fear of intimidating cost liabilities

Reevaluating the Formal Requirements of Wills: Advocating for the Integration of Electronic Wills Nwabueze, Lilian Ifeoma; Gasiokwu, Peter Ikechukwu
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.35933

This paper aims to examine the nature and purpose of the formal requirements of Wills, highlighting their limitations and the need for adaptation in the context of modern electronic communication. The doctrinal research method was employed to evaluate legal problems and analyse the current statutory framework governing Wills. The study found that the traditional formal requirements for Wills, intended to provide testamentary protection and serve as legal proof of execution, often fail to meet their purpose effectively. Judicial and judicious applications of these rules have revealed significant limitations. There is an urgent need for the law to adapt to technological advancements by incorporating electronic Wills. This adaptation would address the inadequacies of current formal requirements and ensure the effectiveness of testamentary dispositions as evidenced in its use in South Africa by all categories of persons- with or without legal knowledge; in the United States of America for exigencies and in Australia to ensure high level of confidentiality and secrecy. The paper recommends articulated formalities supported by electronic communication to achieve testamentary goals. It suggests amendments to the extant laws on Wills in jurisdictions where provisions for dispensing powers are missing while detailed and applicable electronic Will legislation is recommended for jurisdictions that have long recognized the need for testamentary disposition to join the global advancement in technology.

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