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All Journal Jurnal Legalitas Jurnal Hukum Novelty Jambura Law Review Khazanah Hukum Yuridika Indonesia Law Reform Journal (ILREJ)
Ehirim, Ugochukwu Godspower
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Law, Crime, Criminology & Criminal Justice

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Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ehirim, Ugochukwu Godspower; Ossai, Morrison; Aloamaka, Patrick Chukwunonso; Ehirim, Nwanneka Flora
Khazanah Hukum Vol 6, No 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.39569

Abstract

The concept of Human Rights has become a critical factor in the definition of modern civilisation and constitutional democracies in the twenty-first century. The activities of the police remain central to the perception of human rights under municipal and international law according to the policies of the state-party. This article sets out to examine the provisions of the ‘new’ Police Force (Establishment) Act 2020 with a view to identifying the safeguards put in place by the law for strengthening the promotion and protection of human rights in Nigeria. It identifies factors which have contributed to inefficient policing and ever-increasing cases of human rights violations by the police and recommends sticking with the extant legal reforms for a better Nigeria Police Force. The Act introduces provisions such as mandatory accountability mechanism, abolition of use of force or torture to obtain statements from suspects as well as the requirement for the presence of a legal practitioners during a suspect’s interrogation, among others. The doctrinal research method is adopted in analysing statutory provisions and judicial precedents to assess the alignment of policing procedures with constitutional guarantees in line with global best practices. It is observed that despite the wide discretion afforded the Nigeria Police in the discharge of their duties which should boost the observance of human rights, the police abuse these discretions with the end result of serious violations of citizens’ rights which are guaranteed under the constitution. The article concludes that fostering a human-rights-based approach in the discharge of police duties alongside a stringent enforcement of the Police Act 2020 is imperative to sustaining lasting, far-reaching reforms.
Emerging Cases of Professional Misconduct of Legal Practitioners in Nigeria: A Case for Law Reform Ehirim, Ugochukwu Godspower; Oyibodoro, Ufuoma Garvin; Ehirim , Nwanneka Flora
Indonesia Law Reform Journal Vol. 4 No. 3 (2024): November, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i3.37916

Abstract

In recent times, the Bar, the Bench, and the general public have been alarmed by the increasing and expansive dimension of misconduct of legal practitioners in Nigeria. This paper takes a critical look at the emerging cases of professional misconduct among lawyers in Nigeria. It sets out with an introductory part that gives an overview of what is considered professional misconduct by a lawyer in Nigeria. The main body of the paper dwells on the statutory regulation of the legal profession with a focus on ethics in legal practice. Some recent cases of professional misconduct of legal practitioners are reviewed leading to the interrogation of the rationale for establishing a case of professional misconduct of a lawyer in Nigeria pointing to the need for a more pragmatic approach. The paper concludes with the position that while the need for a lawyer to remain a light bearer, a leader worthy in learning and character because of the nobility of his calling is inviolate, the thin line between a lawyer’s professional and private life should be identified and respected to contain the expansive cases of misconduct. The point is made that the law which holds every act of a legal practitioner to a standard even where such an act was not done in a professional capacity deserves reformation. Recommendations are proffered to suggest ways of reducing cases of misconduct of lawyers without lowering the standards at the Bar.
Escalating Medical Negligence in Commonwealth West Africa: Evaluating the Efficacy of Deterrence Mechanism Ehirim, Ugochukwu Godspower
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30084

Abstract

Medical malpractice remains a persistent issue across Commonwealth West-African countries, with limited legal interventions to ensure accountability or deter future occurrences. Despite increasing incidents of medical negligence, both Nigeria and Ghana continue to grapple with the challenge of establishing criminal liability in clear-cut cases. This paper examines the emergent jurisprudential shift signaled by Lagos v Orji, which demonstrates the feasibility of invoking criminal law in medical negligence cases—an area traditionally confined to civil and administrative remedies. Employing a doctrinal methodology and drawing on primary and secondary legal sources, the study explores the shared common law heritage and regional leadership roles of Nigeria and Ghana to assess broader trends in West African legal responses to medical negligence. A key finding of the study is the critical role of social media in raising rights-consciousness and exposing malpractice cases that often escape official documentation. The research highlights a troubling dearth of judicial precedents and underdeveloped jurisprudence on the subject, arguing that the severity and frequency of such cases necessitate a shift toward penal deterrence. The paper underscores the urgency of rethinking legal frameworks to ensure medical accountability, proposing the adoption and refinement of Indonesia’s criminal liability model as a potential roadmap. In advocating for the integration of criminal jurisprudence into the discourse on medical negligence, this study offers a novel contribution to legal scholarship and calls for urgent reform in regulatory and prosecutorial approaches within the region.
The law and the agitation for state police in Nigeria: Any point of convergence? Ehirim, Ugochukwu Godspower; Eda, Ogheneosume; Ehirim, Nwanneka Flora; Owoyele, Adeyinka Koiki
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.v16i1.28861

Abstract

Introduction to the Problem: Every major security breach or threat to lives and property in any federating state of Nigeria renews the agitation for the creation of state police in Nigeria. The unitary command of the Nigeria Police Force (NPF) in a constitutional federalism such as Nigeria can at best be an aberration given the expansive unpoliced spaces within the country with their unavoidable security consequences. Purpose/Study Objectives: This paper makes a constructive appraisal of the policing challenges in Nigeria, identifying the centralised command of the NPF as a major obstacle to effective policing in Nigeria. Design/Methodology/Approach: Adopting the doctrinal research methodology, the paper evaluates the current policing structure and its effectiveness. Findings: The paper finds that there is a need to unbundle the NPF, justifying the desirability for the establishment of autonomous state police as an ingredient of true federalism. It recommends the amendment of Sections 214 and 215(4) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) to align with the provisions of Section 176 of the CFRN and subsisting case-law authorities. Paper Type: Research Article
Rethinking Geographical Indication Law: Lessons from EU Success and Lobong Pineapple Kalalo, Merry Elisabeth; Kapugu, Betsy Anggreni; Turangan, Doortje Doerien; Ehirim, Ugochukwu Godspower
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.31132

Abstract

Indonesia’s Geographical Indication (GI) regime exhibits a persistent gap between formal legal eligibility and practical enforceability, particularly in rural contexts where institutional coordination and legal literacy remain limited. The case of Lobong Pineapple, a product with clear geographical specificity and socio-economic potential, underscores the systemic failure of the GI framework to translate normative protection into actionable development. This study aims to critically examine the regulatory and institutional barriers that hinder GI implementation in Indonesia, using Lobong Pineapple as a representative case. Employing a normative legal method complemented by comparative and empirical analysis, this research evaluates Indonesian GI law against successful practices in the European Union. The findings reveal that despite meeting substantive GI criteria, Lobong Pineapple remains unregistered due to administrative inertia, fragmented local governance, and the absence of enabling legal instruments such as a Regent’s Decree and product specification dossier. In contrast, the EU model demonstrates how institutional synergy, community participation, and integration with rural development policies can operationalize GI law effectively. This study offers a novel reconceptualization of GI protection as a transformative legal infrastructure—one that extends beyond protectionist aims to encompass cultural continuity, economic inclusion, and creative innovation. It proposes a shift from centralized, compliance-driven models to adaptive, community-anchored governance frameworks. By advancing this normative and structural critique, the research contributes to the refinement of intellectual property law as a tool for territorially embedded, culturally sensitive, and development-oriented legal reform.
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

Abstract

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
Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ehirim, Ugochukwu Godspower; Ossai, Morrison; Aloamaka, Patrick Chukwunonso; Ehirim, Nwanneka Flora
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.39569

Abstract

The concept of Human Rights has become a critical factor in the definition of modern civilisation and constitutional democracies in the twenty-first century. The activities of the police remain central to the perception of human rights under municipal and international law according to the policies of the state-party. This article sets out to examine the provisions of the ‘new’ Police Force (Establishment) Act 2020 with a view to identifying the safeguards put in place by the law for strengthening the promotion and protection of human rights in Nigeria. It identifies factors which have contributed to inefficient policing and ever-increasing cases of human rights violations by the police and recommends sticking with the extant legal reforms for a better Nigeria Police Force. The Act introduces provisions such as mandatory accountability mechanism, abolition of use of force or torture to obtain statements from suspects as well as the requirement for the presence of a legal practitioners during a suspect’s interrogation, among others. The doctrinal research method is adopted in analysing statutory provisions and judicial precedents to assess the alignment of policing procedures with constitutional guarantees in line with global best practices. It is observed that despite the wide discretion afforded the Nigeria Police in the discharge of their duties which should boost the observance of human rights, the police abuse these discretions with the end result of serious violations of citizens’ rights which are guaranteed under the constitution. The article concludes that fostering a human-rights-based approach in the discharge of police duties alongside a stringent enforcement of the Police Act 2020 is imperative to sustaining lasting, far-reaching reforms.
Co-Authors Aloamaka, Patrick Chukwunonso Betsy Anggreni Kapugu, Betsy Anggreni Eda, Ogheneosume Ehirim , Nwanneka Flora Ehirim, Nwanneka Flora Gasiokwu, Peter Ikechukwu Ossai, Morrison Owoyele, Adeyinka Koiki Oyibodoro, Ufuoma Garvin Turangan, Doortje Doerien