Constructing Cultural Pluralism as a Universal Medium: Islam and the Influence of Western Civilisation in Nigeria

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Constructing Cultural Pluralism as a Universal Medium: Islam and the Influence of Western Civilisation in Nigeria

Authors Muhtar Etudaiye, Mohammed Enesi Etudaiye

ISSN: 2521-2613
Affiliations: Associate Professor, Department of Jurisprudence and International Law, University of Ilorin; Senior Lecturer, Department of Public and International Law, University of Abuja
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 167 – 198

Abstract

As a result of better education and access to new information and communications technology, there is an increasing awareness amongst Muslims of their obligations as Muslims and the need to model themselves along the lines of and implement the injunctions in the Qur’an and the practices of the Holy Prophet Muhammad (SAW).[fn1], [fn2] This evolution has resulted in a new outlook that appears to have confounded the West as a result of its sharp contrast with western culture. The situation has been exacerbated by the violence of groups, nationally and internationally, proclaiming to embark on violent actions in the name of Islam. The world, it appears, stands at a crossroads with regard to Islam. The trajectory of this historic crossroads is the cultural interface between Islam and the West. While the former struggles to insulate its pristine values and identity from secular interference, the latter relentlessly expands the frontiers of its influence through major advantages in mass media capability, economic fortitude, political diplomacy and information and communications technology. The abiding focus of this article is to strengthen the position of Islamic culture vis-\xc3\xa0-vis freedom of conscience and to put constitutional safeguards into place to protect this right in an era where the Islamic civilisation has been continuously criticised, restoring the balance of Nigeria’s multicultural setting. This article concludes that there are freedoms and laws that are entrenched in the systems of cultures of most nations and that these require protection. The Shari’a is both a legal system as well as a cultural system and it is essential for the Nigerian State to ensure that it takes full advantage of legal safeguards to protect against concerns that may be largely ethnocentric in nature. footnote 1: The Arabic phrase sallallahu alahyi was-salam (SAW) translates to ‘peace be upon Him’ and is a requirement of the Muslim faith that is attached to the mention of the name of the prophet Muhammad (SAW). This practice is followed throughout this article. footnote 2: The prophet Muhammad (SAW) is regarded by Muslims as the last messenger sent by Allah to guide humanity.

Advancing the Right of Women to Education in Nigeria: Human Rights Instruments in Perspective

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Advancing the Right of Women to Education in Nigeria: Human Rights Instruments in Perspective

Authors Nimah Modupe Abdulraheem

ISSN: 2521-2613
Affiliations: Reader in the Department of Jurisprudence and International Law of the Faculty of Law of the University of Ilorin (Nigeria)
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 146 – 166

Abstract

The right to education is a vital aspect of the socio-economic rights of all citizens, both men and women. Despite this important international human rights provision, women in Nigeria continue to experience difficulty in gaining equal access to education, irrespective of the various international, regional and national conventions which guarantee this right. The problem of unequal access to education reduces the capacity of women to participate freely in the socio-cultural, economic and political activities of their country. It impedes the effective reconstruction of society by limiting opportunities for the empowerment of women and their economic survival. Nigeria has signed and ratified many international conventions, including the United Nations International Covenant on Economic, Social and Cultural Rights of 1966, the latter being the primary international undertaking for dealing with the right of women to education. More importantly, the right of women to education has been enshrined in several regional and national conventions, including the African Charter on Human and Peoples’ Rights which was domesticated into law in Nigeria. Despite these documentary undertakings, significant corresponding improvement in access to education for women in Nigeria has not occurred. This article examines the legal provisions that guarantee the right of women to education and seeks to determine the extent to which the nation has complied with these agreements. In addition, it addresses various challenges that inhibit the access of women to education and positive suggestions to bridge, or to totally eradicate, the vast educational gap that exists between men and women in Nigeria, are proffered.

Investing and Trading in Copyright in the East African Common Market (Kenya and Tanzania): Calling for Harmonised Legal Regime

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Investing and Trading in Copyright in the East African Common Market (Kenya and Tanzania): Calling for Harmonised Legal Regime

Authors Telesphory DB Magogo

ISSN: 2521-2613
Affiliations: Dean of the School of Law at St Augustine University of Tanzania
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 134 – 145

Abstract

This article discusses infringement and enforcement of copyright as provided for in the Kenyan Copyright Act (hereafter the Kenyan Act)[fn1] and the Tanzanian Copyright and Neighbouring Rights Act (hereafter the Tanzanian Act)[fn2] and their adequacies in the protection of copyright in the East African Community (EAC)[fn3] Common Market. These two Acts are among the statutes that provide for the domestic regulation of copyright. Apart from similarities between the two Acts, the author has identified significant differences, uncertainties and deficiencies in their respective provisions for infringing acts and enforcement mechanisms, including remedial measures. These differences and deficiencies endanger investing and trading in copyright in the EAC Common Market. The author has suggested the harmonisation of copyright rules as a remedial measure to resolve identified problems and to ensure competitive trade and investment in copyrighted works. It is suggested that harmonisation takes the form of a directive. This article contains an evolution of ideas as contained in the author’s mini-thesis, a work submitted for the award of the Degree of Masters of Laws (LLM) at the University of the Western Cape in South Africa. footnote 1: Copyright Act of 2001 Cap 130 [RE 2009] of the Laws of Kenya. footnote 2: Copyright and Neighbouring Rights Act of 1999 Cap 218 [RE 2002] of the Laws of Tanzania. footnote 3: Republic of Burundi, Republic of Kenya, Republic of Rwanda, United Republic of Tanzania and Republic of Uganda.

Legal Frameworks for Water Pollution in Nigeria: An Evaluation

by | Sep 26, 2019 | ANUL 2017 I1

Legal Frameworks for Water Pollution in Nigeria: An Evaluation

Authors Abdulkadir Bolaji Abdulkadir, Onikosi Ahmeed Adedeji

ISSN: 2521-2613
Affiliations: Senior Lecturer at the Department of Public Law of the Faculty of Law at the University of Ilorin; Acting Head of Department and Lecturer at the Department of Islamic Law, College of Law, Al-Hikmah University, Ilorin, Nigeria
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 116 – 133

Abstract

There are numerous causes of water pollution, but two general categories of pollutants exist, namely direct and indirect sources. The former category includes effluents that are released into water supplies as a result of sewage outputs from factories, refineries and waste treatment plants. The latter category comprises contaminants that seep into the water supply from soils and groundwater systems that contain fertilisers, pesticides and industrial wastes. Over time, there has been increasing global awareness of, and concern about, water pollution and innovative approaches have been developed towards sustainable solutions to prevent the exploitation of water resources. There is general agreement that a properly developed policy framework is a fundamental element of sound water resource management. The control and management of water pollution is usually addressed through the establishment of effective environmental legislation. Developing countries face the escalating challenge of preventing disease, environmental degradation and economic stagnation as a result of precious water resources becoming increasingly polluted and urgent and correctly directed action is required. This paper conducts an investigation of the legal frameworks for preventing water pollution in Nigeria, in particular, and assesses the effectiveness, or ineffectiveness, of these frameworks, making suggestions to improve the quality of Nigeria’s water system.

Justifying Maasai Land Claims in Kenya through Statutory Law, Common Law and International Law

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Justifying Maasai Land Claims in Kenya through Statutory Law, Common Law and International Law

Authors Dennis M Ndambo

ISSN: 2521-2613
Affiliations: Law lecturer at the School of Law at the Jomo Kenyatta University of Agriculture and Technology in Kenya
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 84 – 115

Abstract

This paper addresses one of the most widely acknowledged, but highly contested historical injustices, namely the dispossession of the Maasai community of their land. The Maasai community lost a significant amount of land to European settlers during the colonial period and, after independence, the African government perpetuated the capitalist economy that was antagonistic to the Maasai way of life. As a result, the Maasai presently perceive themselves to be a marginalised community.[fn1] This article uses the Maasai community as a case study and provides justification for the community’s claim for restitution of their ancestral land. It is suggested that restitution of Maasai land can be accomplished in various ways. First, it is possible to justify restitution of Maasai ancestral land by enacting legislation for this purpose. A comparison is made between Kenyan legislation and legislation passed, for the same purpose, in other jurisdictions of the world. Secondly, the Maasai community could claim restitution of their land through the doctrine of aboriginal title. This claim is predicated on the historical presence of the Maasai and other indigenous Kenyan communities on lands prior to establishment of colonial and post-colonial states.[fn2] Two foundations for the doctrine of aboriginal title, common law and international law, are presented. footnote 1: David J Campbell ‘Land as Ours, Land as Mine: Economic, Political & Ecological Marginalization in Kajiado District’ in Thomas Spear & Richard D Waller (eds) Being Maasai: Ethnicity & Identity in East Africa (James Currey Publishers 1993) 258—272; Lotte Hughes ‘Malice in Maasailand: The Historical Roots of Current Political Struggles’ (2005) 104(415) African Affairs 207—224; Dorothy L Hodgson Being Maasai, Becoming Indigenous: Postcolonial Politics in a Neoliberal World (Indiana University Press 2011). footnote 2: Meitamei Olol Dapash, Mary Poole & Kaitlin Noss ‘Historical Injustice at Mau Narok: A Century of Maasai Land Rights’ May 2010. Paper available at accessed on 1 April 2017.

The Legality of Taxing ‘Part-Time’ Employees in Kenya at a Flat Rate of 30%

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

The Legality of Taxing ‘Part-Time’ Employees in Kenya at a Flat Rate of 30%

Authors Wilfred N Konosi, Fred M Ratemo, Fred O Nyagaka

ISSN: 2521-2613
Affiliations: Kisii University, Kenya; None; None
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 58 – 83

Abstract

Taxes are an important aspect of the national economy and a vital source of public finance. The Kenyan Government has, through legislation, imposed various taxes and levies on its citizens and residents, including income tax, value-added tax, customs duty and excise duty. The Kenya Revenue Authority administers the various tax laws in Kenya and collects taxes on behalf of the national government. Regarding the taxation of employment income, Kenya’s Income Tax Act, Chapter 470 of the Laws of Kenya, does not distinguish between employees who work full-time and those who work part-time. In most cases employers categorise employees as being part-time for their own convenience. This categorisation has tax implications for the affected employees. The tax implication, as a result of the differentiation between full-time and part-time employees, is that part-time employees pay more tax on their earnings when compared to their full-time counterparts. The usual practice for the assessment and collection of income tax in Kenya is that employers withhold income tax on the earnings of part-time employees at a flat rate of 30% and remit the same to the Kenya Revenue Authority. This mode of taxation is based on a directive by the Kenya Revenue Authority which has no constitutional or statutory basis. This is not only illegal, but also discriminatory as it denies part-time employees the right to equal remuneration for equal work. This practice is in conflict with the constitutional prescription that Kenya’s public finance system shall promote an equitable society where the burdens of taxation are distributed fairly and the costs and benefits of the utilisation of resources and public borrowing are shared equitably between present and future generations.