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Mnyim M Mwuese
  • Benue State University, Faculty of Law, Makurdi, Benue State, Nigeria
  • Mnyim Mwuese Modupe is Nigerian. She is a doctoral student at the Benue State University, Faculty of Law, Makurdi, Be... moreedit
Several reports reveal escalating levels of violence against women in Nigeria and around the world. This paper thus investigated domestic violence in Nigeria from the perspective of economic costs and legal instruments enacted to control... more
Several reports reveal escalating levels of violence against women in Nigeria and around the world. This paper thus investigated domestic violence in Nigeria from the perspective of economic costs and legal instruments enacted to control the menace. The result confirms that domestic violence has severe economic cost in Nigeria ranging from cost of justice, health care services, social services, education, business and employment cost, to household and personal cost running into billions of naira. Various international and local legal instruments applicable in Nigeria have also been examined. However, the numerous gaps, inconsistent provisions and poor implementation of laws have denied women in Nigeria the protection the law can guarantee. The paper thus recommends the harmonization of all legislation related to domestic violence. All legislation be also amended to bring them in line with the human rights and gender equality requirements. Finally, Religious and traditional instituti...
The Electronic Age has brought a lot of gains and pains. Whichever way one may look at it, the Age has come to stay and indeed the Justice Administrative System in this times cannot be immune to this reality. This paper is thus an... more
The Electronic Age has brought a lot of gains and pains. Whichever way one may look at it, the Age has come to stay and indeed the Justice Administrative System in this times cannot be immune to this reality. This paper is thus an examination of how the Justice Administrative System can harness the gains of the Electronic Age to improve justice delivery. The paper employs doctrinal method of research and finds that there are many gaps amongst the varied components of the Justice Administrative System which electronic applications may be employed to improve the service delivery of personnel and therefore the manner in which justice is served to the people. The paper accordingly recommends that individuals, organisations and governments who are players in the sector should take steps which may also include funding towards Information Communication (ICT) skill acquisition. Again, section 84 of the Evidence Act be expanded to fully accommodate the issues that surround the admissibility of electronic evidence. The paper concludes that though electronic applications may appear expensive, they are cost effective in that when the gains of the applications are weight against their actual cost, it pales the actual costs of the applications. Any legal system that hopes to do well in this times will be wise to invest in this.
The Same-Sex Marriage (Prohibition) Act 2013 is a response to the rising demands for equality of marriage rights and recognition of other forms of consensual sexual relationships. These demands emanated from the Lesbian, Gay, Bisexual,... more
The Same-Sex Marriage (Prohibition) Act 2013 is a response to the rising demands for equality of marriage rights and recognition of other forms of consensual sexual relationships. These demands emanated from the Lesbian, Gay, Bisexual, Transgender and other mixed groups represented as Queer community (LGBTQ). The said demands, no doubt, are reminiscent of the emerging multiplicity of gender and sexual orientations the world over. The article thus employs doctrinal method to appraise the extent to which the Act covers the present multiplicity of Gender and Sexual orientations. The article also appraises the Human Rights, Ethical and Conflict of Laws concerns in relation to the Act. The article finds that, there are gaps which make it impossible for the Act to cure the mischief it was enacted to cure. Some of the said gaps include that the Act has failed to capture the entire variants of the emerging gender and sexual orientations such as transgender, transvestite and the queer community. The Act is equally silent on individuals or corporate entities indoctrinating people and minors on the LGBTQ ideology. The article accordingly makes recommendations for the amendment of the Act to be not just the Same Sex Marriage Prohibition Act simpliciter but encapsulate other related offences to enable the other multiplicity of gender and sexual orientations to be captured as well. The article further recommends that the Act provides for the protection of minors by prohibiting individuals and corporate bodies from indoctrinating people and minors with the LGBTQ ideology.
It is pedestrian to opine that justice delivery in Nigeria in general and Benue State in particular is marred with avoidable delays. The need to improve the effectiveness and efficiency of the judicial system with a view to engendering... more
It is pedestrian to opine that justice delivery in Nigeria in general and Benue State in particular is marred with avoidable delays. The need to improve the effectiveness and efficiency of the judicial system with a view to engendering quick administration of justice has necessitated the enactment of the State Administration of Criminal Justice Law 2019 (the SACJL) by the Benue State House of Assembly. The SACJL, among other things, provides for plea bargain. Spurred by the desire to examine the extent to which the SACJL has enhanced speedy dispensation of justice through plea bargain, this article adopted the doctrinal method of research in which reliance was placed primarily on the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the SACJL as well as judicial authorities. Reliance was also placed on secondary sources of information such as opinions of eminent scholars expressed in books and journals. It was found that though plea bargain is a veritable catalyst for speedy trial, its effective utilization is hamstrung by absence of a provision stipulating timelines within which to conclude the plea bargain process, insufficient legal practitioners in the Ministry of Justice and the legal department of the state police command to prosecute offences, especially as the SACJL now makes the duty of prosecution the exclusive preserve of lawyers, the non-inauguration of the Administration of Criminal Justice Monitoring Committee (the Committee), and so on. It is advocated that the SACJL should be amended to provide 30 days within which to conclude the plea bargain process, more lawyers should, as a matter of urgency, be employed by the State Government and the police authority so as to make the process of plea bargain seamless and that the State Criminal Justice Monitoring Committee should be inaugurated without delay, among others.
Abstract The trafficking or trade in persons for the purpose of forced labour, forced marriage, sexual slavery and other forms of sexual exploitation, organ harvest, ova harvest, and all manner of exploitation is a gruesome national and... more
Abstract
The trafficking or trade in persons for the purpose of forced labour, forced marriage, sexual slavery and other forms of sexual exploitation, organ harvest, ova harvest, and all manner of exploitation is a gruesome national and international problem with far reaching economic and legal implications. Though much efforts have gone into quelling the tide, reciprocal results cannot been said to have been recorded. The paper by the aid of doctrinal method has found that there are steep economic factors that perpetuate the trade in persons. These factors include poverty, rural and urban unemployment, corruption and the great promise of wealth that lies in the trade, which places illicit funds in the hands of perpetrators while further impoverishing government from loss of labour of the trafficked persons. The paper also found that though legislation exists for combating this menace, there are gaps within the legislation that must be closed to align the legislation with current situations. More so, the execution of the law where adequate is bedevilled by the inadequacy of funds for all relevant stakeholders in order to provide necessary infrastructure, manpower and specialised training to combat changing trends in the industry. The paper accordingly makes recommendations.
Keywords: Economic, Legal Perspective, Human Trafficking, Nigeria
This article essentially focuses on a critical exposition of feminist jurisprudence in the Nigerian context. The article is aimed at appraising feminist theories such as liberal feminism, radical feminism, postmodern feminism, and African... more
This article essentially focuses on a critical exposition of feminist jurisprudence in the Nigerian context. The article is aimed at appraising feminist theories such as liberal feminism, radical feminism, postmodern feminism, and African feminism. The article utilised the qualitative research methodology for information. The article espoused the view that African feminist ideology is most suitable and bespoke in Nigeria. The article found that although there are several feminist movements in the country clamouring for the emancipation of the women folk, their ideologies and modus operandi are antipathetic towards men and often based on western notions of feminism which are, in practical terms, at variance or incompatible with the norms, values, realities and peculiarities of Nigerian women. Conversely, African feminism gives feminists the latitude to involve their male counterparts in the quest for the realization of the rights of women. This stand point is premised on the reality that men dominate the socioeconomic and political sectors of the Nigerian society. It is therefore contended that it is auspicious for women to collaborate with their male counterparts towards achieving the quintessential objective of equalization of opportunity and gender parity. The article concluded by recommending the adoption of African feminist jurisprudence and the exigency of implementing its ideological underpinnings and programmes so as to galvanise the realization of inclusiveness, equalization of opportunity and gender parity in the Nigerian context. 1. Introduction Feminism is essentially a political and socioeconomic movement aimed at achieving gender parity and equal rights for women. In retrospect, the evolution of feminism has been traced to 1942 when the media presented a film captioned along gendered lines. The film was entitled 'Woman of the Year.' 1 This was subsequently followed by a series of agitations and campaigns for the emancipation of the women folk. By and large, the historical development of feminist movement has been categorized into three main periods. The first occurred during the nineteenth and twentieth centuries, which involved a longstanding period of feminist activities focused on the promotion of contract and property rights of women and the agitations against chattel marriage-the ownership of women by their husbands and subsequently for political empowerment of women. The second period existed between the 1960s and the 1970s, it was basically a continuation of the first period with a focus on the political empowerment of women especially their right to vote and participate in the democratic process. The third period commenced from the 1990s to the present moment. The period is characterized by the quest for the mainstreaming of gender based issues and the promotion of the rights and socioeconomic wellbeing of women 2 including the formal development of gender studies and the law as well as feminist jurisprudence.
1 The University initially was a formidable social force that served as a reference point in generating knowledge, and refining civilization. It set the moral tone for society and influenced corrective intervention in it when the society... more
1 The University initially was a formidable social force that served as a reference point in generating knowledge, and refining civilization. It set the moral tone for society and influenced corrective intervention in it when the society began to go astray. Hence, its degrees are awarded only after the students are certified worthy in learning and in character. A University is therefore not only expected to impact significantly and positively on the immediate human environment, but at the same time, to serve as a driver of positive change in the society. When a society is served by numerous Universities and yet it is overtaken by lawlessness, lack of value for human life or inhumanity, immorality, and other forms of social vices, it is legitimate to question the continuing relevance of Universities in that society. The situation is even worse if the University system itself is overwhelmed by the ills of the society in which it is situated. This informed the choice of the topic of this research. The research adopted the doctrinal method in interrogating the problems of examination malpractice and cultism in the Nigerian University system. Both primary and secondary materials were consulted to seek answer to questions relating to the nature of examination malpractice and cultism, why students engaged in them and the consequences of these vices both to the students and the society and their impacts on the University system. The findings were that (1) students use these vices to further their stay in the University;(2) students engage in these vices because of weak institutional and legal frameworks to deal with the issues;(3) laxity/ lukewarm attitude on the part of the staff of the University to deal with the issues mostly for security reasons, etc. The research made far reaching recommendations including, amendments of laws on examination malpractice and cultism in such a way as to provide for stiffer punishments; formation of parents/guardians forum to deal with the vices; review of University matriculation oaths to include clauses on non-involvement in these vices, etc.
Several reports reveal escalating levels of violence against women in Nigeria and around the world. This paper thus investigated domestic violence in Nigeria from the perspective of economic costs and legal instruments enacted to control... more
Several reports reveal escalating levels of violence against women in Nigeria and around the world. This paper thus investigated domestic violence in Nigeria from the perspective of economic costs and legal instruments enacted to control the menace. The result confirms that domestic violence has severe economic cost in Nigeria ranging from cost of justice, health care services, social services, education, business and employment cost, to household and personal cost running into billions of naira. Various international and local legal instruments applicable in Nigeria have also been examined. However, the numerous gaps, inconsistent provisions and poor implementation of laws have denied women in Nigeria the protection the law can guarantee. The paper thus recommends the harmonization of all legislation related to domestic violence. All legislation be also amended to bring them in line with the human rights and gender equality requirements. Finally, Religious and traditional institutions should be co-opted to sensitize the people within their domain on the ills of violence particularly of this genre.
This article is one which is deliberately undertaken to examine the problem of human rights violations and the insecurity caused by Fulani herdsmen attacks in various states of the Federation of Nigeria. It provides the details on the... more
This article is one which is deliberately undertaken to examine the problem of human rights violations and the insecurity caused by Fulani herdsmen attacks in various states of the Federation of Nigeria. It provides the details on the legal regime on human rights in Nigeria, and the law to contend with the activities of herdsmen so as to guarantee security of the citizens in the country. It further unravels why irrespective of the existence of the legal regime, the hostilities between the Fulani herders and farmers have continued to be on the increase resulting to the degree of human rights abuses and the prevalent problem of insecurity being witnessed or experienced in many states of the federation of Nigeria, that are invaded. The researcher has used the doctrinal method of research and has discovered that problems of Fulani herdsmen attacks and the insecurity it has posed in the country, is worsened by the compromising attitude of Nigeria's security operatives, the docile attitude of the Federal Government towards the attacks, the use of mercenaries and sophisticated weapons in the attacks etc. The write up concludes that for this problem to be addressed the Federal Government must rise up to check the porous nature of its borders, the source of the arms used in the clashes and the attitude of security operatives must be put under constant check or supervision. Finally, it is suggested that if the Federal Government of Nigeria cannot defend the citizenry against the Fulani attacks, the people should be mobilised to defend themselves under the concept of self-defence, which is constitutionally recognised.  Reader and Lecturer,
Research Interests:
Prepared by: MWUESE M. MNYIM LLM (Ife); BL (Abj); LLB (Ife); PGDE (Kdn)
Research Interests:
Research Interests: