The protection of disability rights under the Nigerian national framework

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

The protection of disability rights under the Nigerian national framework

Authors: Barakat A Raji, Israel A Adeniyi, Dauda A Ariyoosu, Solomon O Afolabi, Ridwan O Olagunju-Ibrahim, John Ogedengbe Imam A Ahmed

ISSN: 2521-2605
Affiliations: Associate Professor, Department of Jurisprudence and International Law, University of Ilorin, Nigeria; Nigerian Law School, Lagos; Associate Professor, Department of Business Law, University of Ilorin, Nigeria; Associate Professor, Department of Private and Property Law, University of Ilorin, Nigeria; Reader, Department of Islamic Law, University of Ilorin, Nigeria; Lecturer II, Department of Jurisprudence and International Law, University of Ilorin, Nigeria; Lecturer II, Department of Jurisprudence and International Law, University of Ilorin, Nigeria
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 75 – 104
https://doi.org/10.47348/JCLA/v12/i2a3

Abstract

There were various reports and studies shown in 2021 indicating that the population of persons living with disabilities in Nigeria has exceeded 32 million. Generally speaking, the issues surrounding disability conditions and welfare are usually addressed as matters of welfare and charity. This attitude has precipitated the continued social exclusion and marginalisation of persons with disabilities in Nigeria. Nigeria has ratified the United Nations Convention on the Rights of Persons with Disabilities and its Optional Code. Another milestone in the country’s efforts to promote disability inclusion and achieve sustainable improvement in the conditions of persons with disabilities was reached in January 2019, when it signed into law the Discrimination against Persons with Disabilities (Prohibition) Act. Despite the passage of these laws, people with disabilities continue to face discrimination, insecurity, violation of rights, stigmatisation, and lack of access to basic amenities daily. Silhouetted against this backdrop, this paper examines the extent of the protection of disability rights under the Nigerian legal regime. This paper employs a doctrinal and qualitative methodology of legal research in which relevant primary and secondary sources of legal materials are subjected to descriptive and content analysis. The paper then concludes with recommendations on how to achieve effective protection of disability rights in Nigeria.

The spirits and the law – the role of superstition laws in modernity in Kenya and Seychelles – a literature review

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

The spirits and the law – the role of superstition laws in modernity in Kenya and Seychelles – a literature review

Author: Michelle St.Ange-Ebrahim

ISSN: 2521-2605
Affiliations: PhD candidate at Griffith University, Australia
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 105–139
https://doi.org/10.47348/JCLA/v12/i2a4

Abstract

This article examines the legal and socio-political dimensions of superstition-related offences in Kenya and Seychelles, highlighting how cultural beliefs intersect with crime, law, and state power. Rather than viewing witchcraft and superstition as mere cultural relics, this analysis underscores their entanglement with modern political agendas and governance challenges. Legal responses to superstition, including anti-witchcraft laws, may paradoxically reinforce societal fears and legitimise witch hunts, fostering cycles of persecution. Drawing on Foucault’s theories of power and knowledge, this article argues for a nuanced legal approach that differentiates between harmful acts and legitimate expressions of belief. A balanced framework must protect citizens from harmful practices while upholding fundamental freedoms, aligning with international human rights standards. This article is divided into four parts: first, a conceptual map of superstition, religion, and witchcraft; second, Foucault’s power/knowledge as an analytical framework; third, the statutory and case-law frameworks in Kenya and Seychelles; and finally, a comparative synthesis and implications for reform.

Green diplomacy in action: navigating international law for Kenya’s sustainable aviation fuel transition

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Green diplomacy in action: navigating international law for Kenya’s sustainable aviation fuel transition

Authors: Irene Maithya, William Kiema

ISSN: 2521-2605
Affiliations: Bachelor of Laws (Moi University, Kenya), Master of Laws (University of Pretoria, South Africa), currently a Doctor of Laws (LLD) Candidate at Strathmore University, Kenya. Advocate of the High Court of Kenya and Lecturer in Law at Moi University, Kenya; Bachelor of Laws (University of Nairobi, Kenya), Master of Laws (University of Cape Town, South Africa), Doctorate in Air Law (University of Cape Town). Advocate of the High Court of Kenya
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 140–169
https://doi.org/10.47348/JCLA/v12/i2a5

Abstract

The aviation industry’s significant carbon footprint necessitates the urgent adoption of sustainable practices. Kenya’s sustainable aviation fuel (SAF) initiatives emerge as a pioneering model within this context, demonstrating a blend of environmental innovation and strategic green diplomacy. This paper analyses Kenya’s strategic engagement with the International Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) mechanism and bilateral partnerships to overcome the financial and technical barriers associated with the deployment of sustainable aviation fuel (SAF). Unlike most previous studies that have focused on transitions in the Global North, the current paper focuses on revealing how Kenya employs multilateral platforms and approaches to overcome barriers and negotiate financial and technological support suitable for the African context. The study argues that Kenya adopts a developmental green diplomacy approach, allowing itself to balance its international commitments with industrialisation agendas through strategies such as coalition building with other nations from the Global South in ICAO negotiations, aligning SAF policies with regional frameworks, and creating investment incentives through bilateral air service agreements. The paper demonstrates how Kenya is reshaping the global aviation climate even though it is excluded from the Paris Agreement’s direct mandates.

Rethinking the concurrency of legislative competence on the freedom of information law of Nigeria

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Rethinking the concurrency of legislative competence on the freedom of information law of Nigeria

Authors: President Ewemade Aigbokhan, Osaretin George Izevbuwa, Rita Abhavan Ngwoke

ISSN: 2521-2605
Affiliations: PhD Candidate, College of Law, Igbinedion University; Professor & Dean, College of Law, Igbinedion University; Associate Professor, College of Law, Igbinedion University
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 170–198
https://doi.org/10.47348/JCLA/v12/i2a6

Abstract

The scope of concurrent legislative powers under Nigeria’s Freedom of Information Act (FOIA) 2011 has generated sustained controversy, reflected in a series of judicial decisions marked by inconsistency and uneven enforcement. This paper interrogates the intersection of federal and state legislative authority over the FOIA. Adopting a doctrinal methodology, the study traces the historical evolution of the FOIA, analyses judicial interpretations of its applicability, and situates these within the constitutional framework governing concurrent legislative powers. It highlights how federal supremacy and state resistance have produced legislative anarchy, often to the detriment of citizens’ access to information. Comparative insights are drawn from the United States and Kenya, whose federal systems offer more coherent models of concurrency and cooperative governance. The paper argues that Nigeria requires clearer constitutional delineation and judicial fidelity to textual interpretation to avert legislative anarchy. It recommends that State Houses of Assembly confine themselves to procedural frameworks that facilitate implementation rather than enacting duplicative or conflicting statutes.

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

Author: Goran Georgijevic

ISSN: 2521-2605
Affiliations: Senior Lecturer (Civil Law), Law Department, Faculty of Law and Management, University of Mauritius
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 199–219
https://doi.org/10.47348/JCLA/v12/i2a7

Abstract

The general rule on unforeseeability, incorporated into Article 1195 of the French Civil Code, is relatively new, dating back only to 2016. The doctrinal and jurisprudential position in France concerning the theoretical justification of this institution, its imperativeness, the conditions for taking unforeseeability into account, and the reaction of the law to it can be a rich source of learning for the Mauritian legislator when the time comes to regulate contractual unforeseeability in the Mauritian Civil Code.