Dabere Monwe

Mediation, as a means of voluntary settlement of legal rights, has become a mainstay in many legal jurisdictions as an alternative in the resolution of disputes and the forgoing of any legal suits by claimants. Its use has also transcended into the sphere of criminal jurisdiction with its elements employed in healing the festering sores of crime - both physical and psychological - on victims and even in the sentencing of offenders, if any, in some jurisdictions. Its application in the Nigerian Judicature has however been marred by reticence due to reading of the offence of Compounding as a bar to settlement of criminal matters without prosecution of offenders. This paper analyses the offence of compounding with the view that it is not a bar, but a guide to be used in the mediation of crime with the aim to preserve society's need for general deterrence alongside an evolving positive legal phenomenon.

A prominent principle of International Law is the freedom of the high seas – all vessels have unrestricted rights on waters outside the jurisdiction of any coastal state. Balancing this right and the need for order on the high seas - mostly geared towards the resolution of maritime incidents and suppression of piracy - international regulations were passed authorising sovereign states to exact a measure of authority over ships.  This authority to be exercised through ship registration, i.e., the registration of the flag/nationality of a ship. Notable among these: the United Nations Convention on the Law of the Sea (UNCLOS) 1982, and the United Nations Convention on Conditions for Registration of Ships 1986 have become bedrocks for the formation of rules guiding registration of ships in numerous countries including Nigeria. By these, all vessels accessing international waters must possess a national character and exclusive state jurisdiction and control over the registered vessel. Every state also has the authority to establish standards for the grant of such nationality to vessels. This mandate establishes its own peculiar attributes or effects on ships and international shipping relationships. This paper analyses the public and private law attributes/effects of ship registration, discussing the burgeoning impact these attributes have on the international shipping commercial and legal scene.

There can be no gainsaying to the fact that Nigeria has an asphyxiating prison population. Much of this glut in Nigerian prisons can be attributed to the retributive justice philosophy of our criminal justice system, which due to its fixation on punishment has neglected the cares and rights of offenders leading to sluggish trials, and high levels of incarceration as imprisonment is the most frequented punitive measure. These problems are most accounted for at the pre-trial stage, and during the pendency of a trial and has led to the creation of adverse humanitarian conditions for those incarcerated, and an increase of recidivism and its consequent increase in incarceration levels. This paper aims to promote the adoption of Mediation, in criminal proceeding, as a part of the institutional framework of the Nigerian criminal justice system to reduce court workload and the attendant prison congestion. To this end, this paper will analyse the readiness of the Nigerian justice system, the co-operability of its criminal procedure statutes towards its reception, and best practices in procedure in other climes for its adoption.

Mediation, as a means of voluntary settlement of legal rights, has become a mainstay in many legal jurisdictions as an alternative in the resolution of disputes and the forgoing of any legal suits by claimants. Its use has also transcended into the sphere of criminal jurisdiction with its elements employed in healing the festering sores of crime - both physical and psychological - on victims and even in the sentencing of offenders, if any, in some jurisdictions. Its application in the Nigerian Judicature has however been marred by reticence due to reading of the offence of Compounding as a bar to settlement of criminal matters without prosecution of offenders. This paper analyses the offence of compounding with the view that it is not a bar, but a guide to be used in the mediation of crime with the aim to preserve society's need for general deterrence alongside an evolving positive legal phenomenon.