ABUAD Law Journal

Data Protection in E-Voting Systems: The 2024 Nigerian Bar Association’s Elections in Retrospect

2025-08-24T13:39:35+00:00

The adoption of e-voting systems in democratic processes necessitates a robust data protection framework to ensure voter privacy, electoral integrity, and compliance with data protection laws. This article critically examines data protection and privacy concerns in e-voting, with a focus on the 2024 Nigerian Bar Association (NBA) elections. Key issues explored include informed consent, confidentiality and integrity threats, cross-border data transfers, data minimization, data retention, and transparency. The article also highlights privacy and data protection challenges specific to NBA e-voting, such as the publication of the voters' list, post-election access to servers and application logs, and the consent of voters to the sharing of election transactions. To address these concerns, the article proposes practical recommendations, including proactive disclosure of voters' personal data usage, a multi-layered approach to combating identity theft and double voting, recognition of votes cast as personal data subject to Data Subject Access Requests (DSARs), enhanced protection of international users’ data, and the need for auditable and transparent electoral processes. By advocating for a more accountable and privacy-conscious approach to e-voting, this article contributes to the ongoing discourse on balancing electoral transparency with data protection imperatives.

Application of International Humanitarian Law Standards in Nigeria’s Counterinsurgency Efforts

2025-08-24T13:54:22+00:00

The application of International Humanitarian Law (IHL) in counterinsurgency operations preserves civilians and guarantees that military activities adhere to norms of humanity and legality. Insurgent organisations like Boko Haram and the Islamic State of West Africa Province (ISWAP) are responsible for the protracted conflict in Nigeria, which raises serious questions regarding suspected violations of international humanitarian law and their severe humanitarian effects. The intricacy of implementing IHL in non-international armed situations causes issues for Nigeria, as asymmetric warfare blurs the line between combatants and civilians. The study assessed Nigeria’s implementation of IHL standards in counterinsurgency activities, identified the problems, analysed current legal and institutional frameworks, and provided concrete ways to improve compliance. This research adopted a doctrinal methodology focusing on the analysis of primary and secondary sources of law. This study found that Nigeria struggles with consistently enforcing IHL despite its commitments under international treaties, such as inadequate military training, weak accountability mechanisms, and the absence of robust civilian protection strategies. Furthermore, the absenceof IHL principles within military doctrine hinders counterinsurgency operations and risks civilian safety. The study indicated that enhancing Nigeria’s legal and institutional frameworks would guarantee IHL compliance. The study recommended upgrading military training, establishing independent oversight organisations to ensure accountability, and partnering with international organisations to monitor compliance and provide assistance when necessary to address these difficulties. By aligning its counterinsurgency operations with international standards, Nigeria can reduce the challenging humanitarian implications of its internal conflicts.

Protection of Expressions of Folklore in Nigeria: The Expediency of Legal Improvements

2025-08-24T14:17:55+00:00

Rights of traditional communities to their expressions of folklore deserve to be effectively protectedthrough every legal means possible. Customary law governed expressions of folklore in the traditional sense but same is inadequate to ward-off intruders especially in the contemporary sense due to civilisation. Existing legal framework for protection through the intellectual property law systems seems inadequate. Review of these rights by the international community has indicated desire for more adequate protection in some jurisdictions. Hence, the move for sui generis measures and system to forestall abuse, misuse and misappropriation of folklore. Recent amendment of the copyright legislation of Nigeria did not cover the aspect of expressions of folklore. With the use of doctrinal method of research and an inductive content analysisof primary and secondary sources of information, this paper examines the legal regime of protection offolklore under contemporary intellectual property rights as provided under the Nigerian law with the aim of pinpointing the adequacy or otherwise of the protection so granted. The article discovers that being a multi-ethnic country and having transnational ethnic group, it is best that permission to make use of expressions of folklore resides in traditional communities where they are ascertainable than in the Nigerian Copyright Commission (NCC)where the source is uncertain or resides in more than one community and also recommends that the NCC rise to the task of performance of duties as the traditional custodians would have done.

Examination of Legal, Regulatory and Operational Challenges of Book Publishing in Nigeria

2025-08-26T11:24:24+00:00

In Nigeria, there are many challenges which are incapacitating book publishing and these can be grouped into three broad classifications, namely; legal, regulatory and operational challenges. There is no way a critical analysis can be done on the book industry in Nigeria without dissecting the challenges facing the sector. The aim of this paper is to find an ending solution to these issues in order to enhance maximal performance of the sector for national growth. In discussing the legal challenges of book publishing, the Copyright Act of 2022 which is the principal instrument that governs intellectual property rights in Nigeria is the primary source of this paper while references from other works of scholar shall be the secondary source of information. This paper concludes by suggesting that to book publishing contribute to national developments, the legal framework must be reviewed and regulatory institutions must be strengthened to sanitize the industry. Above all, operational challenges are curbed in order to open the floodgate of solutions to the numerous shortcomings in the industry which have hitherto prevented the sector from making significant impact on the nation’s economy.

Divergent Landlord-Tenant Regimes: A Comparative Analysis of Legal Frameworks and Eviction Practices in Nigeria's Urban Centres (Edo and Lagos States)

2025-08-26T11:09:32+00:00

This study examined the contrasting legal frameworks governing landlord-tenant relationships in two key Nigerian urban centers: Edo and Lagos States. It critically examined the Rent Control and Recovery of Residential Premises Law of Edo State, Cap R1 1977 (RCRPL), the Lagos State Tenancy Law 2011 (TL), relevant case law, and secondary sources to uncover significant disparities in eviction protocols, rent regulation, and dispute resolution mechanisms. The analysis reveals the TL’s comparatively robust framework, which incorporates more extensive Alternative Dispute Resolution (ADR) options, in contrast to the outdated provisions of the RCRPL. Furthermore, the findings underscore the widespread underutilization of formal legal mechanisms and the persistence of informal eviction practices in both states, which erode tenant protections and perpetuate housing insecurity. Anchored in the theoretical perspectives of legal pluralism and socio-legal studies, the research situates these findings within Nigeria's complex legal, social, and economic milieu. The study advocates for harmonized legislative reforms, including a comprehensive revision of the RCRPL to align with contemporary realities, enhanced public awareness of legal rights, and strengthened enforcement frameworks. These interventions are imperative for fostering equitable landlord-tenant relations, advancing housing security, and contributing to sustainable urban development and social justice in Nigeria.

Reconciling Conflicting Jurisprudence: A Critical Analysis of the Admissibility of Unregistered Land Instruments in Nigerian Property Law

2025-08-26T11:38:40+00:00

This study examined the admissibility of unregistered land instruments in Nigeria, emphasising the legal uncertainty arising from inconsistent judicial interpretations. While the Land Instruments Registration Law establishes registration as a prerequisite for legal recognition and evidentiary value, Supreme Court decision in Benjamin v Kalio, Anagbado v Faruk, and Abdullahi v Adetutu have introduced doctrinal contradictions, undermining predictability in property law jurisprudence. The research interrogates the hierarchical primacy of these decisions, questioning whether precedence should favour the most recent judgment or the depth of judicial reasoning underpinning each case. Adopting a doctrinal methodology grounded in historical analysis, the study identifies a shift toward purposive interpretation in judicial reasoning. The findings underscore the need for harmonised land registration laws and the establishment of clear evidentiary standards to reconcile these inconsistencies. By advocating for a flexible legal framework that integrates formal registration requirements with equitable considerations, the study contributes to property law scholarship by proposing a pathway to enhanced coherence and stability in Nigeria’s legal system. Such reforms aim to safeguard justice in land disputes while reinforcing the integrity and functionality of land registration processes.

Smothering the Right to Protest: The #Endsars 2020 Protest in Perspective

2025-08-26T11:52:24+00:00

Protests play a pivotal role in the civil, political, economic, social and cultural life of societies as it often and continue to inspire positive change and improve protection of human rights. It provides a platform for citizens to hold the government accountable by demanding better treatment. The #EndSARS social movement which started in 2017 was rekindledin 2020 to inter aliascrap the Special Anti-robbery Squad (SARS), end police brutality, extra judicial killings, etc. What however started off as a peaceful protest across the country became bloody when on 20^th of October, 2020, the government allegedly deployed security personnel to peaceful, unarmed and unsuspecting protesters at the Lekki Toll Gate area of Lagos metropolis (the convergence point for the protesters). An act which appeared to be premeditated left scores dead. This action leaves us in doubt as to the ‘existence’ of the right to protest in Nigeria. It is against this background that the paper examines the right to protest in Nigeria vis-à-vis the #EndSARS protest and the resultant effect. This is done to ascertain the extent of the right and government’s responsibility towards protecting this right. Using the doctrinal approach, the paper finds that the brutal hijack/killings of the non-violent protests/protesters by state actors was an outright violation of the right to protest and clearly an act of failure by the government to ensure security and welfare of the people as provided under section 14(2)(b) of the 1999 Constitution. The paper concludes with recommendations calling on the government to adopt proactive measures to ensure effective policing of protests through a non-violent control strategy that protects and also prevents violation of this right.

Creation of Mortgages on Land in Nigeria: Issues and Challenges

2025-08-26T12:02:49+00:00

The creation of legal mortgages is made complex by the existence of plural legislation1 in the Nigerian legal system. This study conducted an overview of the creation of legal mortgage in Nigeria. It also evaluated challenges posed to it under the Land Use Act 1978.The doctrinal research method was adopted, using primary and secondary sources. The primary source included legislation such as Conveyancing Act 1881, Property Conveyancing Act 1959 and Mortgages and Property Law 2012 and case law. The secondary source included textbooks, journal articles, conference proceedings and the internet. The data collected were subjected to content analysis. It was revealed that plural legislations and inconsistent judicial decisions made the process of creating a legal mortgage cumbersome for the stakeholders. It was equally found that apart from obsolete provisions in the mortgage statutes like Conveyancing Act1881and Property and Conveyancing Law 1959, they had some irreconcilable provisions with the Land Use Act 1978.It was recommended that all the mortgage statutes should be harmonized to a single legislation applicable throughout the federation and the consent provision of the Land Use Act should be expunged and replaced by a faster method under which the Governor could be compelled to act as soon as the grantee fulfils all conditions.

The Role of Social Media in Legal Practice in Nigeria

2025-08-26T12:30:46+00:00

Social media has significantly impacted legal practice in Nigeria, reshaping how legal professionals interact with clients, manage their practices, and engage with the broader community. This digital transformation offers substantial benefits, including enhanced visibility for legal practitioners, increased client outreach, and a platform for sharing legal insights and updates. Social media platforms such as LinkedIn, Twitter, and Facebook provide lawyers with tools to establish their expertise, build professional networks, and participate in legal discussions, thus fostering greater public awareness of legal issues. However, the integration of social media into legal practice also presents challenges, including concerns about maintaining client confidentiality, adhering to ethical standards, and managing the accuracy of information shared. Nigerian legal practitioners must navigate these challenges by implementing clear social media policies, investing in digital literacy, and ensuring compliance with regulatory and ethical guidelines. This paper is geared towards balancing the opportunities and risks associated with social media as it is crucial for leveraging its potential to enhance legal practice while safeguarding professional integrity. It also explores the essentiality for legal professionals in Nigeria to stay abreast of technological advancements and regulatory developments to maximize the benefits and mitigate potential drawbacks. This paper adopts a doctrinal research methodology through a review of existing literature. The findings reveal a growing reliance on social media among Nigerian legal professionals, albeit with limited awareness of potential ethical pitfalls. The paper recommends that legal practitioners develop comprehensive social media strategies and receive continuous training on digital best practices to harness its benefits while maintaining professional integrity.

The Imperative of Legal Research for Sustainable Development

2025-08-26T12:20:36+00:00

The universe is governed by law, and so is nature and the inhabitants therein. Nature has a way of recreation and self-sustainability to a large extent. It could however give way to pressure by certain external and/or internal forces. Man, is one of the major sources of depletion or cause of imbalance in natural resources. While humans rely on available natural resources for survival, growth, and development, the effect of utilizing and pressuring these resources now, could have on the sustainability of future generations, cannot be underrated. Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Without any law regulating human activities, the arbitrary and uncontrolled utilization of natural resources could hinder present and future human sustenance. Legal research is a tool that can determine the appropriate legislation to control human activities concerning natural resources, vis-à-vis sustainable development. Adopting a black letter methodology, this paper aims to discuss the importance of legal research to sustainable development. The paper finds that legal research, if well conducted and articulated helps the policy or law makers to come up with laws and policies that will be acceptable to the members of the society with massive compliance and less need for enforcement.

A Comparative Analysis of the Legal Framework on Electronic Waste Management in Nigeria, Japan, EU and India

2025-08-26T12:42:53+00:00

Rapid increase in the number of electronic devices produce yearly in recent times has led to significant global environmental challenges like rapid increase in electronic waste (e-waste), due to electronics short lifespan. The improper handling, recycling, and disposal of e-waste pose substantial environmental and public health hazards due to the presence of toxic substances and the potential for resource depletion. This article presents a comparative analysis of e-waste management in legal frameworks in Nigeria, the European Union (EU), Japan, and India, the selection of these jurisdictions provides a diverse perspective, with the EU representing a regional approach, Japan technologically advanced nation, and India and Nigeria highlighting the challenges faced by developing nations. The analysis examines the strength and weakness if existing legislations, focusing on the implementation of Extended Producer Responsibility (EPR), the integration of the informal sector, and enforcement of regulations. The study reveals that while the EU and Japan have established comprehensive legal frameworks and advanced management practices, Nigeria and India struggle with implementation challenges and large informal sector. The article concludes by advocating for stronger, specific e-waste legislation, formalizing the informal sector, effective EPR implementation, and increased public awareness, particularly in Nigeria.

Potency of Judicial Powers and Challenges of Independent Judiciary in Focus

2025-08-26T12:58:30+00:00

Law exists in a society to create rights and impose duties, the observance of which will make for a good society. However, the verdict of history has been that laws have not been observed to provide for orderliness. Essentially, this calls for an institution charged with responsibility of seeing that society’s laws are obeyed and of adjudicating over disputes resulting from non- observance or breach of these laws and of awarding redress. While we can neither appreciate nor advocate both in theory and in practice the complete independence of judiciary if we do not understand the extremely important role and power of this third arm of government, this paper examined the powers of the judiciary under the1999 Constitution of the Federal Republic of Nigeria (as altered). It further discussed the independence of the judiciary in our democratic system. While challenges of independent judiciary in our contemporary time were identified, useful recommendations are made to strengthen judiciary for the development of Nigeria’s economy.