- Ikenga K. E. ORAEGBUNAM is formerly Head, Department of International Law and Jurisprudence, Faculty of Law, Nnamdi A... moreIkenga K. E. ORAEGBUNAM is formerly Head, Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University Awka, Nigeria, and Deputy Director of Special Projects of the same University. He is currently Professor of Law, and Coordinator of Religious Festivities/Events in the University. He is formerly General Secretary of Nigeria Association of Law Teachers (NALT). He holds Summa cum Laude Probatus in Philosophy of the Urbaniana Universitas Roma, Italy, and First Class Honours of the Federal University of Uyo, Nigeria. He is a holder of 3 PhDs respectively in Civil Law (majoring in Criminal Jurisprudence); Philosophy of Human Rights Law; and Religion and Society (with particular reference to Islam and Human Rights). Ikenga has MEd degree of the Institute of Advanced Philosophy for Children, Montclair State University, New Jersey, USA. He has authored over 200 scholarly articles in the fields of Law, Jurisprudence, Philosophy, Religion, and Christian Theology. He was the Editor-in-Chief of 'Nnamdi Azikiwe University Journal of International Law and Jurisprudence' from 2012 to 2019. He is currently the Editor-in-Chief of 'International Review of Law and Jurisprudence', 'International Journal of Comparative Law and Legal Philosophy', International Journal of Law and Clinical Legal Education, Law and Social Justice Review, African Customary and Religious Law Review, and Nigerian Journal of Theology. He is equally the Managing/General Editor of both 'African Journal of Law and Human Rights' and 'African Journal of Criminal Law and Jurisprudence'. He teaches Jurisprudence and Legal Theory, Comparative Criminal Law, Comparative Corporate Law, Arbitration Law, Legal Research Methodology, and Logic and Philosophical Thought. He is an Adjunct Professor of Legal Philosophy at the St. Pope John Paul II Major Seminary, Okpuno, Nigeria; and Member, Governing Council of Nwafor Orizu College of Education, Nsugbe. Nigeria. Ikenga is a Legal Adviser and Clergyman with the Catholic Archdiocese of Onitsha, Nigeria; and a Solicitor and Advocate of the Supreme Court of Nigeria. He is the President, International Centre for Law and Democracy Studies (ICLDS).edit
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Research Interests: Business, Economics, Corporate Law, Accounting, Corporate Governance, and 4 moreVoting, Duty, Shareholder, and Contest
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Research Interests: Law, Jurisprudence, Praxis, Ideology, Islam, and 4 moreSharia, Philosophy of Religious Pluralism, Fiqh, and Boko Haram
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Research Interests: Business, Accounting, Accountability, Democracy, Skepticism, and 3 moreVoting, Enforcement, and Shareholder
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Many scholars have offered their different opinions and views about the notion of offence. Some of them have traced this concept back to Joel Feinberg, as the first to give it a holistic intellectual approach. Feinberg uses the term... more
Many scholars have offered their different opinions and views about the notion of offence. Some of them have traced this concept back to Joel Feinberg, as the first to give it a holistic intellectual approach. Feinberg uses the term 'offense' as a shorthand for a whole miscellany of disliked mental states-disgust, shame, hurt, anxiety, disappointment, embarrassment, resentment, humiliation, anger and the like-which for him, are not in themselves necessarily harmful. It follows then that if one is to use the law to punish those who inflict such states on others (i.e. those who are offensive), one cannot justify so doing by resort to the harm principle, but must instead call upon a separate and distinct offence principle. Feinberg therefore creates a clear-cut demarcation between harm and offence. While the former falls under the legislative action of the state and the instruments of the law, the latter should not be based on any strong legal policy or criminal law, but on simple moral principles. This study is a theoretical insight into the complexity of offence principle as a social reality in human affairs, with a view to tackling the problems associated with it.
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This paper has examined the Nigerian evidence law of privilege which inures in certain specified human communications.
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The legal authority for management and direction of a company rests with the board of directors, whose duty it is to supervise the general course of business, and to use its powers in the best interests of the company. However, ultimate... more
The legal authority for management and direction of a company rests with the board of directors, whose duty it is to supervise the general course of business, and to use its powers in the best interests of the company. However, ultimate power resides in the shareholders as the board is brought into managerial office by them via elections in annual general meetings. Yet, whenever the shareholders are dissatisfied with the manner the board of directors is conducting and managing the affairs of the company, such management can be ousted through voting it out during another election. By this, shareholders need no longer be content to sit on the sideline and watch as their shares in a company plummet; they are rather standing up and holding management accountable. This study seeks to explore the theory and practice of 'proxy contest', investigates its application in some other jurisdictions, and considers its prospects and challenges with a view to adopting the practice into Nige...
Research Interests: Business, Economics, Corporate Law, Accounting, Corporate Governance, and 4 moreVoting, Duty, Shareholder, and Contest
This study uses the philosophic to examine the intersubjectivity and the relational posture of human rights praxis in Nigeria as provided in the extant constitution. It finds out that a right, for instance, involves a system of relations... more
This study uses the philosophic to examine the intersubjectivity and the relational posture of human rights praxis in Nigeria as provided in the extant constitution. It finds out that a right, for instance, involves a system of relations in which there are three terms and a basis or foundation on which the relations are grounded. Accordingly, there are identified four basic components of a right, namely, subject, term, matter, and title. It is discovered that the subject of a right can only be a person because he is obliged to guard the moral value of his being, fulfill himself by voluntary observance of the law, and thus reach his last end. The term of a right must also be a person that is obliged to respect or fulfill the rights of another. However, it is revealed that the matter of a right can never be another person ‘since in the exercise of any right the subject always subordinates the matter to himself or herself and uses it as a means to his or her own end’. Hence, a per...
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In spite of the fact that there are many indices to consider when determining who an expert is, the ultimate question is whether the expert’s testimony will be admissible in court. The governing standards of expert witness admissibility... more
In spite of the fact that there are many indices to consider when determining who an expert is, the ultimate question is whether the expert’s testimony will be admissible in court. The governing standards of expert witness admissibility are not uniform throughout the world. The two major governing standards can be found in two United States seminal cases, a D.C. Circuit case, Frye v United States1 and a U.S. Supreme Court decision, Daubert v Merrell Dow Pharmaceuticals, Inc.2 . The federal court system exclusively follows Daubert while state courts are divided between the two. Interestingly, each state has taken on its own interpretation of these two benchmark cases, making the admissibility of expert testimony more variable between jurisdictions. Prior to trial – and ideally, prior to retaining your expert – it is critical to have a working understanding of these standards, their specific jurisdictional variations, and any recent, applicable case law. This study considers these opt...
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Cyber scam is a white-collar crime committed by the use or manipulation of non-conventional tools such as phones, faxes, computers and other internet-enabled information technology devices within cyberspace. It thrives on the... more
Cyber scam is a white-collar crime committed by the use or manipulation of non-conventional tools such as phones, faxes, computers and other internet-enabled information technology devices within cyberspace. It thrives on the vulnerability of the victim and the witty deception of the cyber scammer. Cyber scam is unlike conventional crimes, and thrives on the violent and merciless disposition of the criminal which renders the victim helpless and in desperate fear for his life or safety of his family, as the case may be. This socio-legal and doctrinal research conceptualizes cyber scam within the broad family of cybercrimes. It explores certain forms of cyber scam as well as common modus operandi of cyber scammer in Nigeria. It also highlights some of the reasons why people indulge in cyber scam in Nigeria as well as core vulnerabilities of cyber scam victims. The research is primarily expository as it offers imperative elementary knowledge for safeguarding potential victims of cyber ...
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Perhaps, the most outstanding characteristic of a state under international law is its independence. This concept of ‘independence’ was defined in the 1949 Draft Declaration on the Rights and Duties of States prepared by the International... more
Perhaps, the most outstanding characteristic of a state under international law is its independence. This concept of ‘independence’ was defined in the 1949 Draft Declaration on the Rights and Duties of States prepared by the International Law Commission, as the capacity of a state to provide for its own well-being and development free from the domination of other states, provided it does not impair or violate their legitimate rights. This principle of sovereignty of states underlies all facets of international relations and entails the right of every state, inter alia, to freely exercise full permanent sovereignty over its wealth, natural resources and economic activities including the regulation and exercise of authority over foreign investment within its territory in accordance with its laws and regulations and in conformity with its national objectives and priorities. This study examines in concrete outlives the philosophy of sovereignty in general and economic sovereignty in par...
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This study examines critically the nature of the Internet in relation to its facility for committing crimes. It discovers that the Internet is open, user-controlled, global, decentralized, inexpensive, abundant, interactive, and makes use... more
This study examines critically the nature of the Internet in relation to its facility for committing crimes. It discovers that the Internet is open, user-controlled, global, decentralized, inexpensive, abundant, interactive, and makes use of independent infrastructure. All these features are combined to form the medium’s transnational nature that challenges ordinary traditional regulatory platforms. It is also found that with increasing over dependence on computer systems within the global Internet network, the incidence of cyber criminality is significantly on the rise. Yet, the processes of investigation and prosecution of suspects are greatly hindered as a result of the amoeboid nature of cyberspace which makes it difficult to locate suspects and their conducts. The paper advocates progress in more sophisticated technology that would aid easy identification of suspects, constant review of cyber laws, and increased public enlightenment on the operations of the Internet. Doctrinal ...
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The earliest description of the role of expert evidence in common law courts is to be found in the case of Buckley v Rice Thomas 1 . Experts in the form of medical doctors appear to have first been called upon to advise judges at the Old... more
The earliest description of the role of expert evidence in common law courts is to be found in the case of Buckley v Rice Thomas 1 . Experts in the form of medical doctors appear to have first been called upon to advise judges at the Old Bailey 600 years ago, but it was not until around 1620 that a jury was furnished with expert testimony for the first time. By 1721, there was the first challenge to an expert witness (a surgeon) testifying for the prosecution by another expert testifying on behalf of the defendant2 . However, it was not until the later part of the 18th century that the role of expert witness was finally shaped, as counsel came to participate more and more in questioning and cross-examining expert witnesses.3 This study concentrates on the role of the psychologist as expert witness given the impact of psychology on human behaviour.
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This paper has critically examined the fundamental principles that guide the imposition and execution of punishment on a convict. It has thus analyzed the idea of criminal liability, the meaning and theories of punishment and of... more
This paper has critically examined the fundamental principles that guide the imposition and execution of punishment on a convict. It has thus analyzed the idea of criminal liability, the meaning and theories of punishment and of sentencing. Although this study is limited to discussion of the philosophical bases and general principles of the subject matter, it is, nonetheless, prompted by the rising rate of crime in Nigeria today with the consequent judicial involvement and attitude in the criminal justice process. This paper therefore reiterates the jurisprudence that governs and should govern the punitive role of the courts.
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This paper seeks to locate apparent and real inconsistencies in the criminal law governing intoxication and culpability. The study examines intoxication vis-a-vis criminal liability with regard to the conditions, if any, under which it is... more
This paper seeks to locate apparent and real inconsistencies in the criminal law governing intoxication and culpability. The study examines intoxication vis-a-vis criminal liability with regard to the conditions, if any, under which it is just and fair to exculpate persons charged with crimes when during the commission of the alleged acts they were under the influence of alcohol or other drugs. It is observed that much scholarly and judicial commentary has appeared over the years with regard to the vagaries of using intoxication as a defence strategy. Adopting a doctrinal approach, this inquiry has, inter alia, studied the positions in some other jurisdictions and juxtaposed them with what obtains under Nigerian criminal law.
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Jurisdiction is pivotal and fundamental to administration of legal justice in general and of criminal justice in particular. It is trite in law that no matter how well conducted a proceeding was, lack of jurisdiction on the part of the... more
Jurisdiction is pivotal and fundamental to administration of legal justice in general and of criminal justice in particular. It is trite in law that no matter how well conducted a proceeding was, lack of jurisdiction on the part of the trial court would bring to nullity the entire adjudicatory process. Jurisdiction itself is an issue of law. Yet, hardly are there uniform laws across jurisdictions. Even if the substantive laws are similar, the adjectival laws and enforcement procedures may differ. It is observed that situations are all the more complex when related to crimes in cyberspace which knows no boundaries. However, it may seem that the global nature of cyberspace and the Internet are coterminous with international geographical space, and thus may be subjected to the provisions of international law. This paper, after due consideration, discovers that this is not necessarily so. Rather than constituting a definitive panacea, some international law provisions and practice can o...
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The fiction theory of legal personality made a distinction between the natural person and artificial person and considered the company an artificial person separate from its natural members. Popular as this corporate jurisprudence is, yet... more
The fiction theory of legal personality made a distinction between the natural person and artificial person and considered the company an artificial person separate from its natural members. Popular as this corporate jurisprudence is, yet some exceptions were created where the corporate veil could be punctured. However, the exceptions to the ratio in Salomon’s case did show that the legal, artificial and separate personality is to be set aside in some restricted circumstances. What the fiction theorists did was to throw away through the front door the relevance of facing directly the natural persons of the company whilst recognizing the same through the back door. This study recommended that such legal personality enthroned in Salomon is to be completely set aside because the assignation of such an artificial personality is illogical and unjustifiable. The decision in Salomon is in itself clearly flawed and unethical. More importantly, such a metaphysical personality is unfair both ...
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This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation’s economy. It also investigates the prospects and viability of arbitration technique as an... more
This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation’s economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the resolution of disputes including maritime, yet delays in determination of cases, lack of confidentiality, corruption, high pecuniary cost in some cases, and some other problems often lead parties to advert to arbitration. The paper argues that arbitration is preferable to litigation as a result of parties’ autonomy to choose their arbitrators, the applicable laws, and the forum of arbitration. Arbitration too preserves friendship, confidentiality and trade secrets. Above all, the study advocates for arbitration technique due to its speed and win-win result. The paper recommends a proper and sufficient legislative framework for settlement of maritime disputes...
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Contemporary technological inventions are beginning to support or replace human activities with the emergence of artificial intelligence entities ranging from autonomous cars to machines translation software, robots and medical diagnosis... more
Contemporary technological inventions are beginning to support or replace human activities with the emergence of artificial intelligence entities ranging from autonomous cars to machines translation software, robots and medical diagnosis software. These inventions tend to venture into some human mental activities such as interpretation, evaluation, and decision-making, which have never been delegated to non-human mind before. Sometimes, criminal activities are associated with these Artificial Intelligence Entities. Generally, criminal liability arises basically out of the presence of two factors: mens rea and actus reus. Actus reus is the physical outcome of the act. In the case of artificially intelligence being, the main challenge arises in dictating the mens rea which is the mental factor. This paper evaluates sundry views and examines whether human laws can be imposed on the artificial intelligence entities like they are imposed on legal personalities like corporations whereby p...
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Right to freedom of expression is protected and enjoyed in civilized and democratic societies. Yet, the reality is that this right is by no means absolute anywhere in the world as it is riddled with a number of restrictions and... more
Right to freedom of expression is protected and enjoyed in civilized and democratic societies. Yet, the reality is that this right is by no means absolute anywhere in the world as it is riddled with a number of restrictions and derogations. One of such derogations is provided by the law creating the offence of sedition. This paper exposed the relationship between the right to freedom of expression and the crime of sedition. The paper found that no society can function effectively without the guarantee of the right to freedom of expression. It also discovered that the exercise of this right can be curtailed in the interest of public peace, order, morality, security and sovereignty of the state. The methodology adopted in this study was essentially doctrinal involving the analysis of the primary and secondary sources used. Inorder to strike a balance, the study identified the need to amend section 51 (1) and (2) of the Criminal Code to ensure that a conviction under the section would ...
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This enquiry does a case study of the havoc wreaked by cybercrimes on some nations’ critical infrastructure with a view to fashioning comprehensive legal responses. Often, the suspect perpetrates his/her act from a jurisdiction, while the... more
This enquiry does a case study of the havoc wreaked by cybercrimes on some nations’ critical infrastructure with a view to fashioning comprehensive legal responses. Often, the suspect perpetrates his/her act from a jurisdiction, while the effects of that act are felt in another jurisdiction. The study discovers that these jurisdictional differences pose serious problem for investigation, evidence gathering and prosecution. It is also revealed that lack of double, triple, quadruple, and so on, criminality as the case may be, depending on the number of affected jurisdictions, further compounds the problem. As a result of the rising tide in cyber criminality in the world today, various theories have been proffered by courts and jurists. After due diligent consideration of these theories, this essay settles with a more universalist approach. Thus, in the light of the transnational nature of cyberspace and the dispersed nature of the Internet, this study strongly suggests a global...
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This paper examined the different and conflicting rights and discusse theoretical conflicts are the result of diverse perspectives in outlook regarding religion, ideology, culture, gender, race, and so on, this paper analytically conside... more
This paper examined the different and conflicting rights and discusse theoretical conflicts are the result of diverse perspectives in outlook regarding religion, ideology, culture, gender, race, and so on, this paper analytically conside of attempting a reconciliatory approach is based on conflic however, were properly delineated role the respect and protection of human right should play in a human society. The methodology employed is critical analysis.
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Human rights are a product of a philosophical debate that has raged for over two thousand years. Respect for human rights is an important index of national and individual development. It seems that a measure of a country’s claim to be... more
Human rights are a product of a philosophical debate that has raged for over two thousand years. Respect for human rights is an important index of national and individual development. It seems that a measure of a country’s claim to be developed is based on how the human rights of its citizens are protected and enforced. This paper briefly examines the relevant thread passing through the observance of human rights ethos, foreign investment and national development. The discourse is premised on the idea that every process of development including economic must target the dignity of the human person as its terminus ad quem. Specifically, this study demonstrates how foreign investment can lead to national development within the milieu of protection of and respect for human rights.
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This paper discusses the issue of noise pollution with regard to the current Kaduna State Bill called a Bill for a Law to Substitute the Kaduna State Religious Preaching Law 1984 which has become very controversial. Because many believe... more
This paper discusses the issue of noise pollution with regard to the current Kaduna State Bill called a Bill for a Law to Substitute the Kaduna State Religious Preaching Law 1984 which has become very controversial. Because many believe that the contents of this Bill constitute an affront to religious freedom as guaranteed in the Nigerian Constitution, this paper also analyses the contents of the Bill in relation to the right to freedom of religion, thought and conscience. Keywords: Noise pollution, religious freedom in Nigeria, Kaduna State Bill 2016, Preaching Law 1984
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The saying that criminals are born rather than made seems to rekindle the anthropological debate on the relationship between nature and nurture (genes versus environment). This is the controversy as to whether every individual is the... more
The saying that criminals are born rather than made seems to rekindle the anthropological debate on the relationship between nature and nurture (genes versus environment). This is the controversy as to whether every individual is the product of his genes or his environment or both. However, jurisprudence of many criminal cases tends to question whether a person’s inherited genes predispose him to violence and further determine his criminal responsibility in law. Under the Nigerian criminal law, the legal test of criminal responsibility is mainly whether the accused person intends the consequence of his act or whether he truly knows if what he was doing is right or wrong. Over time, those who commit murder due to one psychotic or hereditary mental disorders end up with an insanity acquittal, therefore leaving genetics out of the question. This is primarily because genetics is not recognised as a legal defence in Nigeria. It is also a new terrain which has not been explored by the cou...
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This paper examined and discussed the sundry controv the nature, sources and interpretations of Islamic law. The study was engendered by the fact that differences in views and attitudes to these variables have contributed in no mean way... more
This paper examined and discussed the sundry controv the nature, sources and interpretations of Islamic law. The study was engendered by the fact that differences in views and attitudes to these variables have contributed in no mean way to political and religious unrests in many parts of t Middle East where Islam has much stronghold. This paper considered it expedient to engage in the study so as to enhance the inevitable development of democracy, rather than theocracy, in enclaves that regard themselves as utterly Islamic in spite of their multi religious pluralism. Discovering that many principles taken as immutable and sacrosanct are not after all eternal and unchangeable, the paper recommended legal reform, avoidance of fundament religious dialogue, and patriotic sense, among other factors, as the panacea. The methodology used is jurisprudential, phenomenological.