ABUAD Law Journal

Attaining SDG 2 (Zero Hunger) in Nigeria: The Role of the Plant Variety Protection Act 2021

Jesuye John Ogunyemi — 2023-11-22

The achievement of Zero Hunger by 2030 is the focus of the United Nation’s Sustainable Development Goal (SDG) 2. Despite its status as a major agricultural producer, Nigeria is confronted with a number of challenges that contribute to food insecurity and widespread hunger. The Plant Variety Protection Act 2021 was signed into law in Nigeria in 2021 to promote increased staple crop productivity for Nigerian smallholder farmers and to encourage investment in plant breeding and crop variety, as well as protect new plant varieties. This paper investigates the role of Nigeria's Plant Variety Protection Act 2021 (PVPA) in achieving sustainable food security under SDG2. The Act, which was passed to promote the protection of plant varieties and breeders' rights, has the potential to make a significant contribution to Nigeria's food security and agricultural sustainability. The challenges and criticisms of the PVPA are also discussed, and solutions to help achieve the target of zero hunger by 2030 are suggested.

International Humanitarian Law and the Use of Starvation as a Method of Warfare: Positive Duties on the Parties to the Conflict

Anita Nwotite — 2023-11-22

Starvation is one of the numerous humanitarian consequences following armed conflicts as a result of the obstruction in the chain of production and distribution. However, the situation becomes worrisome when starvation isemployed by the parties to a conflict as a method of warfare. This trend was obvious in a number of contemporary armed conflicts such as Russia-Ukraine war, Syrian war, Ethiopia-Tigray war, and Yemeni war, to mention but a few. These were all characterized by the destruction of objects indispensable to the survival of the civilian population and in some casethe obstruction of humanitarian access to civilians in need of humanitarian assistance. Against this background, the paper focuses on examining the rules of International Humanitarian Law regulating the use of starvation as a method of warfare, with a view to identifying the positive obligation of the parties to conflict towards strengthening these rules. The study adopted the traditional doctrinal method of legal research combined with qualitative approach. It is the finding of this paper that deliberate attacks against objects indispensable to the survival of the civilian population; and the obstruction of humanitarian access to civilians in need of humanitarian assistance are the major ways through which civilians are starved in situations of armed conflicts. To tackle this problem, the paper recommended among other things, the use of the distinctive emblems to enhance the distinction between civilian objectives and military objectives; and the facilitation of the passage relief materials particularly foodstuff for civilians in need of humanitarian assistance.

Appraising the Obligations of the Nigerian State in Achieving Zero Hunger

Enemona Gabriel Shaibu — 2023-11-22

Nigeria as a Nation-State is saddled with certain obligations to her citizens, some are justiciable and others are not. The Nigerian-State being a member of the United Nations adopted the Sustainable Development Goals (SDGs) in September, 2015. There are 17 SDGs and one of which is SDG-2, Zero hunger. The primary targets of SDG-2 are aimed to end hunger, achieve food security, improve nutrition and promote sustainable agriculture worldwide, by the year 2030. Nigeria has not fared well under the recently published Global Hunger Index scores as it falls under the group of States faced with serious hunger, despite its efforts in domesticating and implementing the SDGs, particularly, SDG-2 through various policy and institutional frameworks. This paper, inter alia appraises the obligations of the Nigerian-State to her citizens, the various policy and institutional frameworks domesticated in Nigeria in order to achieve zero hunger by the year 2030. Being a paper that is situated within the right to food paradigm, it adopts the doctrinal and analytical approach, relying on primary data like the 1999 Constitution of the Federal Republic of Nigeria and other conventions, secondary data like articles and opinions of jurists on the subject matter. It is the finding inter alia that it will be very difficult if not impossible for Nigeria to achieve zero hunger by the year 2030. The paper concludes inter alia that a well-coherent legal framework for right to food is vital in addressing the serious prevalence of hunger and looming food insecurity in Nigeria.

Legal Issues in Remand Proceedings under the Administration of Criminal Justice in Nigeria

Aliyu Aliyu Imam — 2023-11-22

The Administration of Criminal Justice Laws in Nigeria that replaced the Criminal Procedure Code and the Criminal Procedure Act has brought “Remand Proceeding” as part of her innovation. This however appears in all regard as legislating and legalising the condemned “Holding Charge”. This innovative provision was greeted with heated disdain, disapproval and unwelcome criticism. It is seen as unconstitutional and contrary to the policy of criminal litigation procedure. It was held to have usurp the right to personal liberty, dignity and fair hearing of an accused defendant whose remand order will be handed down based on anex-parte application. This discourse investigates these assertions based on the principles and laws governing criminal litigation in Nigeria. The objective is to determine the significance velnon of the Remand Proceeding and its constitutionality. This piece founds that, the provisions dealing with remand proceedings are complementary to the constitution and serves the need of criminal litigation to curb the excesses of the prosecuting authorities. The significance therefore outweighs the perceived disadvantages of the procedure.

A Critique on the Legal Framework for Combating Human Trafficking in Nigeria

Joanna Rotdelmwa Dyitkuka — 2023-11-22

Human trafficking is a menace that affects the global community, because of its adverse effect on the members of the society. It is therefore a violation of the human rights of persons and is believed to oppress thousands of people globally. In Nigeria, there is a legal framework to combat human trafficking, however, human trafficking still remains a major concern that has eaten so deep into the fabric of Nigeria and has become very complex to tackle. Human trafficking just like any other crime has evolved and is still evolving as society evolves. Therefore, there is an expectation that laws are constantly in conformity with the current trends and practices of human trafficking in a community. This study aims to critically critiquethe position of the law on human trafficking in Nigeria, the gaps present in these laws and make recommendations to effectively fight against human trafficking. This study also recommends that further amendments of the extant laws should comply with the present-day realities.

Has the Controversy on the Jurisdiction of Federal High Court over Unregistered Trade Marks Matters Finally Been Resolved?

M. J. Umaru — 2023-11-22

The uncanny characteristics of unregistered trade marks (TM) and its enforceability in Nigerian courts leave a wild imagination as to its legal protection and the appropriate court to seek redress and enforcement. Not only is the status of unregistered TM shaky, there is also the question as to which court can enforce same. Thus, the coordinate adjudicatory powers of the Federal High Court and the State High Court have been put to test in this instance. A joint reading of the Nigerian Constitution and the Trade Marks Act seem to have robed the Federal High Court of its exclusive or unilateral original jurisdiction to hear and determine TM cases in general. Yet, these statutory provisions enjoin divergent judicial pronouncements for and against the courts in issue. This paper reviewed the statutory provisions on trademarks and passing off as well as the Supreme Court decisions on the issue with a view to determining whether the apex court has overruled itself in its earlier decisions, now generally conferring exclusive jurisdiction on Federal High Court, in respect of all matters relating to trademarks and passing off particularly for non registered TM.The paper concluded that the latest pronouncement of the Supreme Court on the issue was predicated on the subsisting and applicable law then as well as the peculiar facts of the case and, therefore, not a clear departure from its earlier position on unregistered trademarks.

A Critical Analysis of the Prosecution of Sexual and Gender-Based Violence at the International Criminal Court

Oriola O. Oyewole — 2023-11-22

The prosecution of crimes of Sexual and Gender-Based Violence (SGBV) has remained a challenging issue for international criminal justice. Given that in the past, crimes of sexual violence within the context of international armed conflict were not considered substantive crimes. This is evidenced in the non-prosecution of sexual and gender-based crimes at the Nuremberg and Tokyo tribunals despite the incontrovertible utilisation of the "comfort women system" in Tokyo during World War II. However, with the emergence of the International Criminal Court(ICC), there seems to be a reasonable but piecemeal progression of the investigation and prosecution of SGBV. Although, previous studies have reported that investigating and gathering evidence for SGBV is a continuing concern within the jurisprudence of the ICC. The recently decided cases at the Court especially demonstrate a development and dynamics in the prosecution of SGBV at the ICC. By employing a doctrinal research method, I spotlight the nuances and hurdles of sexualised crimes within the ICC. The author recommends gender mainstreaming in the investigation and prosecution of sexual violence in order to fill the gap.

The Dynamics of Terrorism and International Criminal Law

Richard Suofade Ogbe — 2023-11-22

This paper seeks to analyse and showcase the contemporary applicable prevailing developments vis-a-vis the concept of terrorism under international criminal law. It showcases the jurisprudence for the criminalization of terrorism under international criminal law. This paper further seeks to critique the advancement of the idea of terrorism in international law and highlights some contemporary developments with emphasis on aspects relevant to international criminal law.This paper equally seeks to analyze the fundamental distinction between terrorism as a treaty crime and terrorism as an international crime.One intriguing problem is a generally accepted definition and structuralexponential concern and analysis of terrorism under universal jurisprudence. Despite the problems of definition and distinction, the contemporary generally accepted trend is the criminalisation of international terrorism in any form or structure to guarantee international peace and security.

Analysis of the Laws and Ethics of Contraception, Sterilization and Abortion with the Socio-Cultural and Religious Issues in Nigeria

Dike Chijioke Obalum — 2023-11-22

Modern science has developed through the centuries, particularly in the 21^st century. These developments have constantly met the needs of humans in different aspects of life. The health care sector has not been left out in this rapid development. There has been significant development and improvements in reproduction by aiding families in reproduction and safe delivery. This paper adopted the doctrinal method of research and examined the flipside of healthcare development towards reproduction, which is the prevention through means such as contraceptives, sterilization and particularly abortion. The paper aimed at analyzing the law and ethics of contraception, sterilization and abortion and the relation of cultural and religious issues. In pursuit of this aim, the papers set out objectives such as clarification of the terms contraceptives, sterilization, and abortion, review of the laws and ethics of contraceptives and abortion around the world and analysis of the laws and ethics of contraceptives and abortion in Nigeria. The paper, among other things found that these developments have been met with different reactions from people in different regions of the world. The paper further found that these reactions have been mostly from cultural and religious perspectives. The development in this area of biological sciences has proven to aid better development in certain regions while others have not been met with such encouragement as people have been legally prohibited from using these medicinal instruments. The findings in this paper will be useful to both medical and non-medical practitioners. It will indeed be of immense benefit to the general society. The paper made recommendations for developing countries such as Nigeria on best practices to adapt.