Constitutional Law
The Constitutional and Political Implications of Mass Defections to the APC in Nigeria
Abstract The recent surge in defections of high-profile political figures to the All Progressives Congress (APC), Nigeria’s ruling party, raises critical constitutional, legal, and democratic concerns. This article examines the legal framework governing defections in Nigeria, the loopholes exploited by defectors, and the broader consequences on political accountability, party democracy, and the rule of law. While party-switching is not new in Nigeria, the scale and frequency of recent movements warrant a more robust legal and […]
The Right of Nigerians to Criticize Their Government and Demand Accountability Introduction
Introduction Since gaining independence in 1960, Nigeria has experienced a complex interplay between governance and public criticism. Successive administrations have adopted varying approaches to address dissent, ranging from suppression to engagement, reflecting the nation’s evolving political landscape. Democracy thrives on the ability of citizens to voice their opinions, challenge their leaders, and demand accountability. In Nigeria, this right is not just an ideal but a constitutionally protected principle that plays a crucial role in promoting […]
Understanding the Legal Status of Illegitimate Children Born to or During the Course of a Marriage in Nigeria
In Nigeria, the concept of illegitimacy remains a complex and often misunderstood area of family law. Rooted in customary, statutory, and Islamic law practices, the rights and legal status of children born out of wedlock—or during the course of a marriage but not biologically belonging to the husband—have historically been a source of debate and legal uncertainty. However, with evolving societal norms and legal reforms, there is a growing shift toward protecting the rights and […]
Defamation Laws in Nigeria: A Delicate Balance
Defamation law in Nigeria is a complex and nuanced area, balancing the protection of individual reputations with the right to freedom of expression. It is governed by both civil and criminal law, making it both a tort and a crime. This intricate legal framework presents challenges and has been subject to criticisms and calls for reform. Civil Defamation: Common Law Roots Civil defamation in Nigeria is primarily rooted in common law principles inherited from English […]
Dele Farotimi and the Nigerian Law of Defamation: A Case Study
Dele Farotimi, a Nigerian human rights lawyer and activist, has become embroiled in a legal battle that underscores the complexities and challenges of the Nigerian law of defamation. This case highlights broader tensions between freedom of speech and the protection of individual reputation, as well as the potential misuse of legal mechanisms to suppress dissent. Farotimi’s predicament stems from allegations made in his book, Nigeria and Its Criminal Justice System, which critiques various aspects of […]