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All Journal INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES The Indonesian Journal of International Clinical Legal Education Indonesian Journal of Law and Society Indonesian Journal of International Law Indonesia Law Review (ILREV)
Nwaechefu, Hilary
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
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.
Recognizing Incidences of Unprovoked Attacks Against Police Officers in Nigeria Between 2017-2020: Charting New Pathways of Human Rights Intervention on Right to Life Nwaechefu, Hilary; Nnawulezi, Uche
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.37329

Abstract

The unprovoked attacks on Police Officers in Nigeria between 2017-2020 that resulted to several deaths of the Police Officers have put a question mark on the constitutional provisions guaranteeing the rights of all citizen's lives and that of the Police Officers. This paper seeks to identify why the unlawful killings of Police Officers had persisted notwithstanding constitutional provisions. lnterestingly, despite these developments, the position of international human rights law(IHRL) and Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999(as amended) has raised two key questions, first, the standards of protection by government. Second, the permissible circumstances in which persons deserves protection. This paper revealed that inadequate equipment, training and rascal attitudes of police officers towards crime prevention led to unlawful attacks on them which resulted to their deaths during the period under review. Recommendations are made towards stemming the tide. The paper adopted a doctrinal approach that focused principally on current legislations and policies on human rights protection, and concluded with the view that the national and international policy makers have a moral, ethical and legal obligations to protect the lives of police officers as they are entitled to such protection based on their human rights and by so doing it will help to compliment the provisions of the Universal Declaration of Human Rights, 1948 as well as Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999
Addressing The Principle and Challenges of Enforcement and Prosecution Under Universal Jurisdiction: Charting New Pathways for International Justice Nnawulezi, Uche; Nwaechefu, Hilary; Magashi, Salim Bashir
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Remarkably, the principle of universal jurisdiction is increasingly gaining traction in the international justice system as a key aspect of the prosecution of crime globally. Driven primarily by efforts to combat crime, this paper examined the relevance of universal jurisdiction in order to determine its adequacy as a system of international justice. Contextually, the principle of universal jurisdiction emerged as a supplemental component of the international justice system. This paper adopts the doctrinal approach by identifying and analyzing the relevant provisions and challenges of universal jurisdiction. It argues that if regular enforcement is a goal of the emerging international justice system, then universal jurisdiction will be an essential part of the system. The paper found out that the application of universal jurisdiction is saddled with challenges, not because of its reliance on national authorities to enforce international norms but due to the reluctance of those authorities to play this role. It concludes that universal jurisdiction will not become a reliable pillar of the international rule of law until these challenges are properly addressed.
PROMOTION OF CITIZENSHIP THROUGH MIGRATION: TAKING INTO COGNIZANCE THE PECULIARITIES OF MIGRANT Nnawulezi, Uche; Nwaechefu, Hilary
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

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Abstract

This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which has raised issues not only touching on immigrant's economic and social facilities, but on the burden of migration on citizenship issues of migrant's place of residence. It is therefore important to reiterate the fact that there is need to create a path where migrant may move from a temporary foreign resident to a permanent citizen. It is therefore advanced that measures adopted to address the bar against citizenship for migrants around the globe should take cognizance of their peculiarities. The study adopted analytical qualitative approach and builds it's argument on existing literatures which is achieved by synthesising ideas. It argued that State that have adopted the liberal approach to democratic ideals of the rule of law must guarantee and ensure that the basic principles of human rights are provided in their municipal laws as well as in global legal frameworks. Therefore, it is necessary to consider and examined how different migration policies have been used to promote citizenship and successful incorporation of migrants within their host countries.
Co-Authors Magashi, Salim Bashir Nnawulezi, Uche