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    MUHTAR ADEIZA ETUDAIYE

    For over two decades, the collective management of rights in the Nigerian music industry has witnessed a fierce rivalry between the Copyright Society of Nigeria (COSON) and the Musical Copyright Society of Nigeria (MCSN). While the... more
    For over two decades, the collective management of rights in the Nigerian music industry has witnessed a fierce rivalry between the Copyright Society of Nigeria (COSON) and the Musical Copyright Society of Nigeria (MCSN). While the Nigerian Copyright Commission (NCC) approved the former, it refused to approve the latter. Despite this, MCSN has continually acted as a CMO; a development that has led to litigations between it and rights users on the one hand, and between it and the NCC and COSON on the other. However, in March 2017 the Attorney General of the Federation (AGF) mandated the immediate approval of MCSN as a permanent solution to the industry’s problem. This article focuses on this approval. Apart from examining the legality of the AGF’s directive and the likely effect(s) of a multiplicity of CMOs on the music industry, the article also proffers measures that may help reposition collective management in the industry for optimal performance.
    Normal 0 false false false EN-MY X-NONE AR-SA Sutherland and Cressey state that two essential principles are reflected in the concept of punishment as a tool of criminal justice. First, that "it is inflicted by the group in its... more
    Normal 0 false false false EN-MY X-NONE AR-SA Sutherland and Cressey state that two essential principles are reflected in the concept of punishment as a tool of criminal justice. First, that "it is inflicted by the group in its corporate capacity upon one who is regarded as a member of the same group" and second, that it "involves pain or suffering produced by design and justified by some value that the suffering is assumed to have". The word "punishment" thus connotes, in the legal realm, a sanction imposed against a member of a community who has breached the law of that community. This is in contra-distinction from any other form of sanction as Glanville Williams has postulated. /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; ...
    “Agenda 2063 ” has been touted by the African Union as a change in the ways the continent has approached the issues of development. The vision was to be that of “an integrated, prosperous and peaceful Africa, driven by its own citizens... more
    “Agenda 2063 ” has been touted by the African Union as a change in the ways the continent has approached the issues of development. The vision was to be that of “an integrated, prosperous and peaceful Africa, driven by its own citizens and representing a dynamic force in the global arena”. Several priority areas were set, among which is the access to education by its citizens. Crucial is the issue of the right access to the right type of education. The paper analyses these issues relating to education in Nigeria, against the background of Human Rights and Constitutional Law education, as representative of the challenges of education in Africa and comes to the conclusion, amongst others, that education that is contemplative of African values and peculiarities is desirable. it makes recommendations that will be crucial to African development over the next few decades.
    In a political and truly democratic endeavour, the foundational basis for balance leads to the horizontal separation of powers rather than any vertical formulation of any kind of corruption of this pragmatic ethos. Central to this balance... more
    In a political and truly democratic endeavour, the foundational basis for balance leads to the horizontal separation of powers rather than any vertical formulation of any kind of corruption of this pragmatic ethos. Central to this balance in government is that of the expression of opposition on a parallel political level. This paper delves into the nature, both legal and philosophical, of opposition in politics generally and in Nigeria, in particular. This is written in a period of genuine befuddlement in Nigeria in view of the present muffling of opposition. The paper concludes that the role of opposition is sacrosanct as it is essential to the smooth running of any representative democracy. It has helped in galvanizing the citizenry to partake in government’s activities; define issues in the psyche of the ruler and the ruled; present political candidates whose candidature are founded more on issues and less on sex, tribe or religion; accept the responsibility of governance on an a...
    One of the greatest problems for obedience to laws is the comprehension of laws by ordinary citizens. As a consequence of this, laws are generally obeyed by default in an unconscious manner. This is more so in a country such as Nigeria... more
    One of the greatest problems for obedience to laws is the comprehension of laws by ordinary citizens. As a consequence of this, laws are generally obeyed by default in an unconscious manner. This is more so in a country such as Nigeria where literacy is very low and the standard of education has been acknowledged to have fallen in standard over the years. This article emphasizes the need for a tilt towards plain language lawmaking as an alternative jurisprudence for the legal draftsman. It addresses the challenges that the draftsman has to surmount and arrives at the conclusion that legalese is not necessarily more compact with respect to wastage of words than plain language. In view of the findings, the article, using doctrinal and analytical methods, made some recommendations with a view to addressing and improving comprehension of legal texts by ordinary people. Keywords: Deliberation, Synchronisation, Nigeria, Legal, Framework, Alternative, Construction, Jurisprudence, Plain, La...
    An efficient and sustainable energy sector is indispensable to the economic, social and political development of any country. However, according to the 2015 United Nations Sustainable Development Factsheet, 1.3 billion people lack access... more
    An efficient and sustainable energy sector is indispensable to the economic, social and political development of any country. However, according to the 2015 United Nations Sustainable Development Factsheet, 1.3 billion people lack access to modern electricity with 3 billion people relying on alternative sources of energy such as wood, coal, charcoal or animal waste. In Nigeria, the defunct National Electric Power Authority was vested with the power to generate, transmit and distribute electricity supply in the country up to 2005. A common feature of the period was incessant power blackouts that had a negative impact on the economic and social development of the country. One major factor identified as the cause of the blackout is inadequate funding for power related infrastructures and generation. The state of emergency warranted by the epileptic power supply resulted in the enactment of the Electric Power Sector Reform Act of 2005. This reform led to the formation of the Power Holding Company of Nigeria comprising of one transmission, seven generation and 11 distribution companies. Nonetheless, Nigeria’s current actual electricity generation is less than 50% of the generation capacity. This situation indicates the need for more local and foreign investments in the sector. Against the background of a need for adequate funding for the sector, this paper reviews the auction and forfaiting financing models and its applicability to the Nigerian energy sector. Arising from the successes recorded in the use of these models as observed in literature especially as it relates to the distinct features of developing countries, the study recommends the introduction of these innovative means of financing in Nigeria. This will, among other benefits, lead to effective price discovery, attraction of investors and energy supply security. Furthermore, the United Nations Sustainable Development Goal 7 of ensuring access to affordable, reliable, sustainable and modern energy for all will be easily achievable.