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All Journal Dialektika kontemporer Tamaddun International Journal of Law and Society Pinisi Journal of Social Science
Nabiebu, Miebaka
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : International Journal of Law and Society

 1 
Nigeria's Legal Regulatory Framework for Ensuring a Credible 2023 Election Nabiebu, Miebaka
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.32

Abstract

Since independence, the Nigerian electoral process has been plagued with spiralling anomalies, including worsening violence, intimidation, death and fraud. This has jeopardized Nigeria's socio-economic, political and national security and eroded confidence in the democratic process as well as increased election season security concerns. For elections to be credible, the competition must be fair, which requires impartial process management. So, despite the recently revised Electoral Act and other related laws that could help Nigeria realize its potential for credible elections. This work argues that the legal framework still has several components that must be studied or introduced to improve electoral processes. The method used is qualitative with a case study approach and empirical juridical. The results of this study propose that Article 225 of the Constitution be amended to eliminate the requirement for cash given to political parties from outside Nigeria to be transferred to INEC; otherwise, the donation must be notified to INEC and made public. The constitution should be modified to establish an Election Offenses Commission or Court to try and punish individuals (INEC officers, candidates and voters) who violate articles 114–128 of the new law. Section 29(5) of the Elections Act should be amended to allow the Federal Capital Territory and the High Court of Abuja State to hear and resolve pre-election disputes. In addition, instead of focusing on technical matters, the trial for the regional election application should focus more on the substance of the application and the facts of the case.
Comparative Study of Islamic and International Humanitarian Law Nabiebu, Miebaka
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.64

Abstract

The human community has always been characterized by conflict, governed by ethical and legal standards that have evolved with human civilization. This widely accepted standard was eventually defined as contemporary International Humanitarian Law (IHL). This study aims to analyze from two legal perspectives: Islamic and international humanitarian law. The method used in this research is comparative, including qualitative analysis. The results of this study suggest that regulation has developed mainly due to modern European activities, diminishing the potential contributions of other cultural and ethical traditions to its development and codification. However, it should be noted that the principles jus ad bellum (laws governing the use of force) and jus in Bello (the content of the laws of war) are evident in Islamic literature centuries before modern international law was codified, with little attention paid to them. This paper argues that Islamic humanitarian law, which regulates the treatment of prisoners of war, is comprehensive and comparable to the provisions of the 1949 Geneva Convention. In addition, the concept of Siyar's Islamic literature is very similar to the Geneva Conventions. This research augments international relations by examining the degree of concordance between the requirements of Islamic Humanitarian Law and Modern IHL concerning issues of immediate practical relevance in an era when several regions of the world are experiencing armed conflict.
Co-Authors Agube, Ntamy Anukanti, Vivien Chioma Ekpo, Mokutima Etido Otu, Michael Takim