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This article is a psycho-legal literature which attempts to critique the concept of demeanour in relation to the determination of (the) credibility of witnesses. It beams much focus on the witnesses who are the story tellers in any legal... more
This article is a psycho-legal literature which attempts to critique the concept of demeanour in relation to the determination of (the) credibility of witnesses. It beams much focus on the witnesses who are the story tellers in any legal proceeding. The paper does not undermine the relevance of demeanour in establishing credibility, but unequivocally emphasises that it cannot be the sole litmus test for determining if a witness is truthful. In the light of this, the paper posits several other parameters that can be employed by Judges to establish whether a witness is truthful or not.
The protection of the common heritage of mankind has become one of the primary concerns of sovereign States and the international community. In recent times, the scope of cultural heritage law has expanded, stretching into other... more
The protection of the common heritage of mankind has become one of the primary concerns of sovereign States and the international community. In recent times, the scope of cultural heritage law has expanded, stretching into other disciplines such as investment law, international humanitarian law, international human rights law, international trade law, etc. This study entitled: ‘An Appraisal of the Legal Frameworks for the Enforcement of Cultural Heritage Dispute and the Enforcement of Cultural Heritage Laws’ examined the existing legal orders that can be accessed for the purpose of enforcing cultural heritage laws and resolving cultural heritage disputes in their various forms.
This study appraised these legal orders with the objective of identifying the challenges undermining their effectiveness so as to proffer solutions that will make them more effective in the protection of cultural heritage. This study adopted a qualitative legal research methodology which was centred on an in-depth content analysis. Various international cultural heritage instruments such as the 1954 Hague Convention, 1970 UNESCO Convention, 1972 UNESCO Convention, 1995 UNIDROIT Convention, etc. were examined in the light of their provisions on the protection of cultural heritage, resolution of cultural heritage disputes and the enforcement of cultural heritage law.
In its final analysis, this study concluded that the problems inhibiting the effectiveness of the existing legal framework for the resolution of cultural heritage disputes and the enforcement of cultural heritage laws are tripartite in nature as they exist at the national, private international and public international levels. These problems include inadequate cultural heritage laws, statute of limitations, problem of choice of law, lex situs rule, public policy, sovereign immunity and non-retroactive cultural heritage treaties. These problems have made the task of protecting cultural heritage in its various forms through the instrumentality of the law, an arduous task. In some cases as revealed in this study, grave injustices have been occasioned by the presence of these problems in the existing legal orders.
This study therefore recommended that to remedy the anomalies present in the current system regulating the resolution of cultural heritage disputes and the enforcement of cultural heritage laws, proactive measures in the forms of legislative reforms at the national levels and the embrace of the principle of legitimate intervention should be embraced by the international community in the protection of cultural heritage. Some of the measures recommended by this study include the enactment of proper legislation, modification of statute of limitations for cultural heritage disputes, imposition of stiffer penalties to protect cultural heritage, enactment of proper legislation modification of statute of limitations for cultural heritage disputes, imposition of stiffer penalties to protect cultural heritage, cultural heritage laws should be retroactive, creation of choice of law rules for cultural heritage disputes, and the  creation of an international court of cultural heritage international intervention.
Keywords: Cultural heritage, UNESCO conventions, Cultural rights, Legal orders.
Word Count: 470
In the light of the recent clamour for the restructuring of Nigeria from diverse quarters, and the various suits that had been brought by state governments against the federal government, and the local government councils against the... more
In the light of the recent clamour for the restructuring of Nigeria from diverse quarters, and the various suits that had been brought by state governments against the federal government, and the local government councils against the state governments in time past, this writer, through this paper, evaluates the existing system of government in Nigeria that has been held by many to be a federalism. This evaluation seeks to determine whether there exists a true federalism with focus on the extent to which the fundamental principles that underlie federalism have been applied in Nigeria. The lens of scrutiny, are heavily placed on the state and local governments which make up the federating units, to ascertain the extent of their autonomy, politically and economically in the current dispensation as provided under the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
In the African investment landscape, African countries in their early post-independence era had largely played a passive role in their investment relationship with other foreign countries. However, with the progression of time and the... more
In the African investment landscape, African countries in their early post-independence era had largely played a passive role in their investment relationship with other foreign countries. However, with the progression of time and the rapid development of globalisation, African countries have experienced a shift of role from being 'rule takers' to 'rule makers'. The development of the International Centre for the Settlement of Investment Disputes, domestic investment legislation and regional investment instruments negotiated by African countries are testaments to this shift of role. Unfortunately, the investment landscape in Africa is contorted as intra-African investment is comparably low to the investment relationships between African countries and other foreign countries. In a bid to rectify this anomaly to promote, facilitate and protect intra-African investment, the African Union Commission formulated the Pan African Investment Code (PAIC) to serve as a guide and roadmap towards the unification of the investment regulatory regimes in Africa. In light of the fact that efforts are being made towards the creation a free trade area in Africa through the African Continental Free Trade Agreement (AfCFTA) which is in its second phase, this paper examines the suitability and propriety of using the PAIC as a building block to formulate the Investment Protocol to the AfCFTA. While it may seem convenient to model the Investment Protocol to the AfCFTA on the PAIC, this paper found that the PAIC is characterised by certain frailties in the forms of failure to rectify the fragmented investment landscape, protectionist nature, and discretionary exceptions which may inhibit the growth of intra-African investment. Thus, by carefully considering the strengths and weaknesses of the PAIC, this paper posits that it is imperative to align some of the provisions of the PAIC with the core objectives of the AfCFTA to make the PAIC a suitable guiding text.
The New King James Version of the Holy Bible states in Proverbs 22:15 that, 'foolishness is bound in the heart of a child, but the rod of correction shall drive it far from him'. When a child due to this inherent folly that pervades his... more
The New King James Version of the Holy Bible states in Proverbs 22:15 that, 'foolishness is bound in the heart of a child, but the rod of correction shall drive it far from him'. When a child due to this inherent folly that pervades his heart, commits a wrong, some of the pertinent questions that may be asked include: Should such child be punished for the wrong committed? How can it be established that the child asides having demonstrated a guilty act had, at the time of the commission of the wrong, a guilty mind? These are some of the questions which this paper attempts to answer while examining criminal responsibility of children in the Nigerian legal system with a careful consideration of Section 30 of the Criminal Code Act which provides for the defence of immature age, otherwise known as the doctrine of doli incapax. In its analysis, this paper submits that although the inclusion of a statutory provision for the defence of immature age in the Criminal Code Act is quite laudable, there are some inconsistencies inherent in the tripartite provisions of Section 30 of the Criminal Code which do not conform to the dictates of logic, common sense and the realities of the Nigerian society. Thus, comparing the Criminal Code with the Penal Code of Northern Nigeria, this paper suggests that there is an urgent need for a legislative amendment of Section 30 of the Criminal Code.