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All Journal Khazanah Hukum International Journal of Constitutional and Administrative Law
Ugochukwu Godspower Ehirim
Delta State University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ugochukwu Godspower Ehirim; Morrison Ossai; Patrick Chukwunonso Aloamaka; Nwanneka Flora Ehirim
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.
Public Morality and Constitutionalism in Restricting LGBTQ+ Rights: A Legal Analysis of Nigeria, Ghana, and Uganda Ugochukwu Godspower Ehirim
International Journal of Constitutional and Administrative Law Vol. 1 No. 1 (2025)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/1t01fq02

Abstract

Civil liberties are the cornerstone of modern democracies, yet many African nations continue to impose legislative restrictions on sexual freedoms under the guise of public morality. Nigeria, Ghana, and Uganda have enacted stringent anti-LGBTQ+ laws, often justified by appeals to sovereignty, tradition, and moral conservatism. This study critically examines the legal and constitutional legitimacy of such restrictions, exploring their consistency with international human rights frameworks. Employing a normative legal research method based on primary and secondary legal sources, this paper analyzes statutory provisions, judicial precedents, and constitutional interpretations in the three countries. Findings reveal that the reliance on public morality as a justification for derogating LGBTQ+ rights lacks a solid constitutional foundation and conflicts with internationally recognized human rights standards. The case of RTIER v FRN in Nigeria highlights a judicial shift towards recognizing sexual minorities' rights, offering a model for Ghana and Uganda. Furthermore, comparative insights from South Africa and India demonstrate how progressive constitutional interpretations can reconcile local moral values with universal human rights principles. The study concludes that while cultural relativism remains influential, constitutional safeguards and judicial activism play a crucial role in upholding fundamental human rights. It advocates for legal reforms that balance moral considerations with constitutional imperatives, ensuring equal protection for all citizens, irrespective of sexual orientation.
Petroleum Ownership and Administration in Nigeria Under the PIA 2021: Distilling Realities From Legal Rhetoric Ugochukwu Godspower Ehirim
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/v9speh78

Abstract

Controversy over the ownership, administration, and control of petroleum resources in Nigeria remains unresolved, particularly in light of the environmental degradation and social exclusion experienced by host communities in oil-producing regions. Although Nigerian law formally vests petroleum ownership in the Federal Government, persistent agitation in the Niger Delta suggests that this state-centric model has failed to secure legitimacy, equity, and stable petroleum governance. This article aims to examine the legal and theoretical foundations of petroleum ownership in Nigeria and to assess whether the Petroleum Industry Act 2021 (PIA) signals a meaningful shift from absolute state control toward a more inclusive governance model. Using doctrinal legal research and a comparative approach, the study analyses constitutional provisions, statutes, judicial decisions, international legal principles, and selected ownership models in the United States, Canada, and the United Kingdom. The study finds that the long-standing state ownership model in Nigeria has generated persistent conflict because it centralises legal control while excluding host communities from meaningful participation and benefit-sharing. It further finds that comparative practice in other jurisdictions demonstrates more flexible arrangements in the allocation of ownership rights, administrative authority, and resource benefits. The article’s novelty lies in its argument that the recognition of Host Communities under the PIA 2021 marks the emergence of a mixed or inclusive ownership logic within Nigeria’s petroleum governance framework, even though the constitutional language of federal ownership remains formally unchanged. The article concludes that sustainable petroleum governance in Nigeria requires a clearer legislative framework that consolidates host community participation, strengthens benefit-sharing arrangements, and aligns legal ownership with the practical realities of resource administration.
Co-Authors Morrison Ossai Nwanneka Flora Ehirim Patrick Chukwunonso Aloamaka