The challenges of internally displaced persons and the way forward: the Nigerian experience

Internally displaced persons (IDPs) are usually forced to flee or leave their homes, particularly in situations of armed conflict. They are displaced within their national territories and are generally subject to heightened suffering and vulnerability in many cases. It is also essential to state that the issue of internal displacement has become prominent because of the realisation that peace and reconstruction in conflict-ridden societies depend on the effective settlement and reintegration of displaced persons. Nigeria is a country that has a history of conflicts and displaced people. There has been a challenge in finding lasting peace through the employment of conflict resolution techniques and also the challenge of catering for the welfare of internally displaced persons in the country. However, peace and development without taking into account the settlement, return, and reintegration of IDPs. These desirous objectives are proving quite difficult in Nigeria as many challenges confront the government, policymakers, and humanitarian NGOs in providing the IDPs with their rights and needs. Some of the challenges can easily be overcome while some are more tasking requiring concerted efforts and massive resources to overcome. The aim of this article is to highlights the significant challenges confronting IDPs and provides some solutions to these challenges. In adopting the doctrinal method in discussions, the article finds that enormous challenges abound that confront IDPs in Nigeria, and it finds that there is the need for the government to find urgent solutions to the challenges of IDPs for the wellbeing of IDPs

Reflections on identity and terrorism: A tale of misfit

This paper focuses on the relationship between discursive exclusion practices and terrorism. The changing linguistic meaning of civilisation, the structure of modern discourse and the objectivity of knowledge claims undergirding western civilisation have contributed immensely to the construction of the idea of terrorism. The paper argues that these expressions of self and practices define the individual and give credence to their existence. Using some examples of violent acts, the paper illuminates the biases in the usage of the term terrorism and its implications on the apparatuses adopted to minimise it.

Rights and religious belief in maintaining prison social order

This paper argues that it is not the prison rules and regulations that alter the behaviour of inmates but rather the ideological justification of their religious faith. The article draws upon the social constructionist theory of reality to underpin the discussion of the data. Data was gathered through in-depth interviews and the distribution of semi structured questionnaires. When analysed, the data revealed that although inmates had the right to practice the precepts of their religious faith as defined in law, in practice, these religious rights were not entirely observed. The partial recognition of these rights divulges that the principle of humane treatment underpinning the respect for rights in prison was ignored and reduced to mere formal respect for rules. Besides, the data disclosed that inmates rarely attributed the change in their personality to the impact of prison rules and regulations, but rather to the transformative power of their religion.

Statistical evidence and sudden infant death syndrome

tatistical evidence is one of the prima facie tools used in the courtroom in common law jurisdictions. This paper is a case study aimed at describing the role of expert statistical evidence and how it influenced the outcome of the Sally Clark case.Sally Clark, a solicitor by profession, who was wrongly convicted and imprisoned by the Chester Crown Court in England in 1999 for the alleged murder of her two children. The prosecution’s expert witness Professor Sir Roy Meadow, a consultant paediatrician, claimed in his statistical evidence that “the probability of two sudden infant death syndrome cases (SIDS) in one family matching the profile of the appellant was 1 in 73 million.”Though upon appeal the Court of Appeal (Criminal Division) quashed the appellant’s conviction in 2003, it brought to the fore the application of statistics in the courtroom and its overall impact on the justice system. It is revealed that statistical evidence should not be used to establish the truth of an ultimate issue with scientific certainty. Expert witnesses should not adduce evidence recklessly. The use of any far-reaching statistics as evidence requires the services of experts with competence in medical statistics. The criminal justice system has a huge task of exposing true child abusers. But the socio-economic cost of wrongful conviction of accused parents of SIDS cases is immense. Tragically, Sally Clark never came to terms with her wrongful conviction and in 2007 drank herself to death.

Weaponisation of the war on terror and the sidestepping of human rights norms: Seeking a balance between the terrorism (prevention) (amendment) act 2013 and Nigeria’s obligation under international human rights law

In an era of escalation in terrorism and terrorist related criminalities, the international system continues to innovate on how best to contain its scourge, particularly within the confines of established democratic norms. As a response to Security Council resolution 1373 adopted on 28 September 2001, United Nations (UN) member states began to craft domestic counterterrorism legislations to criminalise terrorist activities on their home-soil, as well as extraterritorially. Responding as other nations, Nigeria enacted the Terrorism (Prevention) (Amendment) Act 2013. However, the Act and others like it, have thrown up troubling questions about weaponization of the war on terror, and the need to balance the war with the protection of human rights. This article examines the continued sidestepping of human rights norms in the war against terror. It presents this conflict within the context of Nigeria’s domestic counterterrorism law, highlighting some dangerous provisions in the Act which directly impugns on its obligation under International Human Rights Law (IHRL). It advocates an urgent review in the Act that will reflect the current mood of the UN human rights system, as well as the country’s obligation under IHRL

Examination of form not substance: Rethinking the patent examination process in Nigeria

In an age where knowledge assets play significant roles in the economic development of nations, the patent system has become one of the essential drivers of technological and economic advancement. Thus, the essence of examining inventions is to ensure good quality of patents granted by a patent office and to ensure that such patent applications satisfy the novelty, inventive step, and industrial application criteria. It is standard practice in most countries that patent applications by patentees go through examination processes before they are granted patents. Local patent rules usually guide such examination processes. The Nigerian patent system is not an exception to such practice. However, it suffices to submit only necessary documents for inspection by officials of the Nigerian Patent Registry before a patent is granted. This process of registering patents in Nigeria, which is the depository process of examination, is not thorough compared to the substantive method of examination. The substantive procedure is lacking in the Nigerian patent system. The need for a substantive process of examination in Nigeria is what this article discusses. The article recommends a mix of both the depository and the substantive process of examination in Nigeria, as practised in some countries to issue quality patents that would aid technological and economic growth in the country. The article also concludes that much more needs to be done by the government and policymakers in Nigeria in terms of funds, human resources, and other things to ensure the institution and sustenance of a substantive method of examination of patent applications.

Towards a conducive investment climate within Ecowas: The case for the amendment of sections 27 and 28 of the Ghana Investment Promotion Centre act 865 of 2013

Since the independence of Ghana, she has been at the forefront of the integration of the African continent and for that matter the West African sub-region. Many developing countries are moving towards adapting to international and regional arrangements to enhance their relevance and leverage on trade and investment opportunities for their socio-economic development. Ghana is considered as having one of the safest and most conducive investment climates for doing business in Africa. This stride is attributed to its enduring democratic and legislative environments. The gains made so far in this respect seem to be losing its steam due to the far-reaching conflicting provisions that exist between the Ghana Investment Promotion Centre Act 865 of 2013 which regulates the investment activities in Ghana and that of the Economic Community of West African States (ECOWAS) provisions in the Protocol on Free Movement of People, Goods and Services. Through a qualitative desktop analysis of the legal literature available, this paper argues that some provisions of Act 865 specifically sections 27 and 28 of Act 865 are in violation of Ghana’s obligation under the ECOWAS protocols. On the backdrop of article 36(4) of the 1992 Constitution of the Republic of Ghana, this article identified such provisions in Act 865 and proposes an amendment to conform with the Community laws of ECOWAS to engender socio-economic development and political security of the subregion.

Uncharted waters: an exegetical exploration of Ghana’s regulatory framework in relation to cryptocurrency

The historical evolution of money has taken many forms such as precious metals, cowries, banknotes and coins, with the latest stage of this evolving continuum being digital currency. This evolution has been characterised by the gradual movement to a more cashlite aware society. The transition is being facilitated by constant improvement in financial technologies and services. Ghana is no exception to this development. The emergence of credit and debit cards as well as mobile banking is digitising Ghana’s currency whilst extending financial services across the country. Mobile money payment facilitated by the telecommunication companies in partnership with the traditional banks is also fast-tracking Ghana’s progress towards a cashlite economy. In 2009, a new cash-like electronic instrument known as Bitcoin emerged. Bitcoin is touted as offering anonymous, fast and irreversible peer to peer transactions, across borders with little or no transactional cost. The introduction of Bitcoin has birthed the cryptocurrency era. The anonymous nature of cryptocurrency transactions is an attraction to criminals and terrorist organisations who use cryptocurrency to facilitate unlawful activities. Despite the enormous financial, social and economic, and even political risk in cryptocurrency use, this financial instrument is largely unregulated in most countries. The potential use of cryptocurrency for purposes outside the law justifies the need for regulation to make cryptocurrency use less attractive for unlawful activities. This article draws on the legal approaches to regulating cryptocurrency by adopting a desk research to theoretically examine and interpret primary and secondary sources of data in order to determine the possible existence of an existing Ghanaian legal framework regulating cryptocurrency in Ghana