The Need for Effective Implementation of the Nigeria Anti-Torture Act, 2017

by | Jan 19, 2025 | JCLA, JCLA V11 I2 2024

The Need for Effective Implementation of the Nigeria Anti-Torture Act, 2017

Author: Ayo-Ojo Bayode Sunday

ISSN: 2521-2605
Affiliations: LLB (Kenyatta), LLM (KwaZulu-Natal), LLD (Pretoria)
Source: Journal of Comparative Law in Africa, Volume 11 Issue 2, p. 189 – 208
https://doi.org/10.47348/JCLA/v11/i2a7

Abstract

The Anti-Torture Act 2017 prohibits torture without exceptions for government or military officials, including during emergencies and war, and imposes consequences on those who commit acts of torture. Those who carry out torture can face up to 25 years of imprisonment. Accordingly, the effectiveness of the Act must be measured by its effectiveness in ending torture by government and military officials. This article aims to assess the effective implementation of the Anti-Torture Act 2017. In doing so, the article questions whether any perpetrator has been punished in accordance with s 9 of the Act or whether detainees have access to medical examinations as specified in s 7 of the Act. This article analyses the need to effectively implement the Nigeria Anti-Torture Act 2017. Thus, this article finds that, in reality, there is no record of the punishment of any perpetrator under the Anti-Torture Act 2017, nor has the Attorney-General of the Federation provided any additional regulations to ensure its practical applications.

A Critical Review of Jurisprudence on the Adjudication of Presidential Election Petitions in Africa

by | Jul 28, 2024 | JCLA, JCLA V11 I1 2024

A Critical Review of Jurisprudence on the Adjudication of Presidential Election Petitions in Africa

Author: Justice Mavedzenge

ISSN: 2521-2605
Affiliations: PhD Constitutional Law (UCT), LLM Constitutional and Administrative Law (UCT), LLB (UNISA), BA (MSU). Adjunct Senior Lecturer of Public Law Research Fellow, Faculty of Law, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 11 Issue 1, p. 1 – 30
https://doi.org/10.47348/JCLA/v11/i1a1

Abstract

A survey of jurisprudence on the adjudication of presidential election petitions in Africa yields different and sometimes confusing results on the legal approaches that are being applied by courts in different jurisdictions to determine the standard of proof which a petitioner must discharge and the nature of violations which a petitioner must prove in order for the court to vitiate an election. This is despite the fact that most of these countries share similar legal frameworks in the sense that their rules of evidence are similar while their constitutions require elections to be conducted in a way which adheres to the principles of universal suffrage, free suffrage, equal suffrage and secret suffrage. The emergence of divergent views and positions among courts which operate on the basis of a similar legal framework reflects a lack of coherence in the emerging African jurisprudence on the adjudication of presidential election petitions. What then is the appropriate standard of proof which the petitioner must discharge in a presidential election petition, and what kind of violations should a petitioner prove in order for the court to vitiate an election? In an attempt to contribute towards strengthening the role of the courts in resolving election disputes, this paper suggests that the approach to be taken by courts when adjudicating election petitions should very much depend on the case that has been presented by the petitioner. Where the petitioner is alleging irregularities and is claiming that those irregularities affected the results of the election, the question that must be examined by the court is the extent to which the results were affected. Where the petitioner’s challenge is directed at the integrity of the election process, the question to be examined by the court should be the extent to which the integrity of the process was violated.

A Comparative Analysis of the Right to Protest Under the Nigerian Public Order Act and the South African Regulation of Gatherings Act

by | Jul 28, 2024 | JCLA, JCLA V11 I1 2024

A Comparative Analysis of the Right to Protest Under the Nigerian Public Order Act and the South African Regulation of Gatherings Act

Author: Cyril Ekeke

ISSN: 2521-2605
Affiliations: LLB, BL (Nigeria) LLM, LLD (Pretoria), Senior Lecturer, Federal College of Education, Rivers State, Nigeria
Source: Journal of Comparative Law in Africa, Volume 11 Issue 1, p. 31 – 83
https://doi.org/10.47348/JCLA/v11/i1a2

Abstract

The handling of the #EndSARS protests in 2020 and 2021 by the Nigerian authorities has once again brought to the fore the restriction of the right to protest in Nigeria, and in Africa as a whole, and the need to compare the right to protest under various African jurisdictions. Protest can be the catalyst for positive change in the social, political, economic and cultural life of a country, and therefore the right to protest is guaranteed under international, regional African and domestic human rights legal frameworks. In Nigeria, the Public Order Act of 1990 is designed to give effect to the provisions of the Constitution in terms of the appropriate and peaceful conduct of protests. Likewise in South Africa, the Regulation of Gatherings Act 205 of 1993 regulates the holding of public gatherings and demonstrations, in alignment with the provisions of the Constitution. This paper applies doctrinal methodology to undertake a comparative study of the right to protest under the Nigerian Public Order Act and the South African Regulation of Gatherings Act, specifically because South Africa has seen a groundswell of protests in the past few years with minimal restrictions. This paper finds that despite some shortfalls in the Regulation of Gatherings Act, it is a more potent law than the Public Order Act in ensuring the right to protest. This paper further argues that the robustness of the Regulation of Gatherings Act could serve as a template for strengthening the Nigerian Public Order Act to fully guarantee the right to protest in Nigeria.

Tobacco Labelling and Advertising Rules: Lessons from Other Countries for Zimbabwe

by | Jul 28, 2024 | JCLA, JCLA V11 I1 2024

Tobacco Labelling and Advertising Rules: Lessons from Other Countries for Zimbabwe

Author: Christopher Munguma

ISSN: 2521-2605
Affiliations: LLB (Zimbabwe), LLM (Africa University, Zimbabwe), DPhil Intellectual Property candidate, Lecturer at Africa University, Zimbabwe
Source: Journal of Comparative Law in Africa, Volume 11 Issue 1, p. 56 – 83
https://doi.org/10.47348/JCLA/v11/i1a3

Abstract

This paper analysed the approach that has been taken by four countries in controlling tobacco usage through advertising and labelling rules. The paper is a documentary analysis and literature review of primary and secondary legal sources. The paper considered the national approaches adopted by the Commonwealth of Australia, the United Kingdom (UK), Thailand and Zimbabwe. The first three nations were used as examples that can offer lessons to Zimbabwe on how international tobacco control obligations are met. Australia and the UK were the first two countries to adopt plain packaging and hence offer some best practices. Thailand, on the other hand, was the first developing country to adopt plain packaging rules. Thailand’s case shows that developing countries can also adopt sound tobacco control rules. The Australian law led to several national and international legal challenges that were resolved in favour of Australia. The legal domestic challenges against standardised packaging in the United Kingdom were also resolved in favour of the British government. It was established in the study that, despite acceding to the World Health Organisation Framework Convention for Tobacco Control (WHO FCTC), the Zimbabwean national legal framework is not yet compliant with the FCTC international treaty obligations. The laws of Zimbabwe are scanty and leave a lot of gaps in the control framework which have been exploited by tobacco manufacturers. This is unsatisfactory and calls for action on the part of the government.

Lecture Critique De La Loi Camerounaise Relative a La Recherche Medicale Impliquant La Personne Humaine

by | Jul 28, 2024 | JCLA, JCLA V11 I1 2024

Lecture Critique De La Loi Camerounaise Relative a La Recherche Medicale Impliquant La Personne Humaine

Author: Sylvie Ngamaleu Djuiko

ISSN: 2521-2605
Affiliations: Enseignante à la Faculté des Sciences Juridiques et Politiques, Université de Yaoundé II (CAMEROUN)
Source: Journal of Comparative Law in Africa, Volume 11 Issue 1, p. 84 – 118
https://doi.org/10.47348/JCLA/v11/i1a4

Abstract

The use of humans for medical research raises sensitive issues, as a number of interests may come into conflict, and human dignity may be threatened. Hence, there is a need to protect research participants. For this reason, the mere existence of the new law is a step forward in that it fills a legislative gap. But this is not its only merit, as the law attempts to strike a balance between the interests involved by prohibiting certain practices and requiring the free and informed consent of research participants, even for research conducted on cadavers.

A Comparative Legal Analysis of Local Government Autonomy in South Africa and Tanzania

by | Jan 4, 2024 | JCLA, JCLA V10 I2 2023

A Comparative Legal Analysis of Local Government Autonomy in South Africa and Tanzania

Authors: Oliver Fuo and Daniel Mirisho Pallangyo

ISSN: 2521-2605
Affiliations: LLB, LLM, & LLD. Associate Professor, North-West University, South Africa; LLB, LLM & LLD. Extraordinary Senior Lecturer, North-West University, South Africa; Senior Lecturer, Tumaini University, Tumaini Makumira, Tanzania
Source: Journal of Comparative Law in Africa, Volume 10 Issue 2, p. 1 – 39
https://doi.org/10.47348/JCLA/v10/i2a1

Abstract

Over the past thirty years, there has been an increased drive towards decentralisation in Africa with the adoption of national constitutions that guarantee varying degrees of protection to local governments. In 2014, the African Union (AU) adopted the African Charter on Values and Principles of Decentralisation, Local Governance and Local Development (2014) to guide the decentralisation project for member states. The Charter acknowledges that the protection of local autonomy in decentralised legal frameworks is necessary for local governments to deliver on their developmental mandates. In this article, we explore from a comparative law perspective, how local autonomy is protected in the constitutions of South Africa and Tanzania. We also consider legislation regulating decentralisation in South Africa and Tanzania, comparing the similarities, differences, and challenges to local autonomy in these two countries in view of their different national legal frameworks. The comparative legal analysis helps to show the unique nature of the systems of decentralisation in both countries and lessons that can inform law reform. Although there are comparative studies on subnational autonomy in Africa, none has specifically compared local government autonomy in South Africa and Tanzania. The research is based on a critical and integrated analysis of primary and secondary sources of law.