Linus Onyekaozurule Nwauzi

• LLB Hons, BL LLM PhD
• Lecturer at Rivers State University

One area of academic endeavour that has attracted little research by legal scholars in Nigeria is the area of military rule and its legal consequences. Out of the sixty years of Nigeria’s independence, the military ruled for thirty six years and their period in government influenced in one way or the other the constitutional development of the Nige...

The constitutional and political history of Nigeria started in 1914 when Lord Fredrick Lugard amalgamated the Northern Nigeria and the colony and protectorate of Lagos and southern Nigeria to form the present day Nigeria, however, it is important to state that the political development of Nigeria dates back to 1861 when King Dosumu of Lagos ceded t...

Separation of powers is a hallowed constitutional principle of the democratic government of Nigeria which seeks to ensure that the three arms of government stay in their respectively assigned tracks in the performance of their functions in order to avoid arbitrary excesses by any of them. The ideal of separation of powers is that the legislature ma...

The Constitution of the Federal Republic of Nigeria 1999 as amended provides in section 7 for the establishment of the local government system as a third tier of government in the Federal Structure of Government. The Constitution in the said section 7 also provided that the government of every state shall subject to section 8 of the constitution en...

Political parties are very important institutions for the operationalization of democracy in every society. Political party system has faced a chequered history in Africa, from the pre-colonial period, when organisation of groups to control society was rudimentary and along primordial lines, to the colonial era when the major motive for political o...

Marriage, a union between a man and a woman is meant to last for life. Dissolution of marriage takes place when there is an irretrievable breakdown of marriage, however, the fact that spouses are faced with marital challenges does not mean the marriage must be dissolved. The aim and objectives of this paper is to examine the place of reconciliation...

The Judiciary generally and the Supreme Court in particular has played and is still playing major roles in Political Democracy and Party Politics in Nigeria. These roles are played through the Supreme Court’s intervention in the interpretation of the provisions of the Constitution of the Federal Republic of Nigeria as amended, the Electoral Act, th...

The Judiciary generally and the Supreme Court in particular has played and is still playing major roles in Political Democracy and Party Politics in Nigeria. These roles are played through the Supreme Court’s intervention in the interpretation of the provisions of the Constitution of the Federal Republic of Nigeria as amended, the Electoral Act, th...

Executive orders are means applied by the Executive Organ of Government to direct the affairs of government especially the executive agencies or government officials. The Constitution gives the president and the Governor who are the chief executives of the Federal and State Governments in the Country some powers to issue executive orders for the sm...

Constitutional Safeguards refers to the way and manner individual rights and interests and the generality of community interest is safeguarded by the Constitutional provisions against governmental actions and inactions. Generally speaking, government exists primarily to protect certain rights and interest of the citizen or individuals within the pa...

Human rights generally or broadly speaking may be considered as those fundamental and inalienable rights which are essential for life as a human being. They are possessed by every human being, irrespective of his or her nationality, race, religion, sex just for the mere fact that he/she is a human being. In the development of human rights regime it...

Electoral reform is an integral part of democratic development. In broad terms, electoral reforms are undertaken to improve the electoral process by promoting the electoral rights of citizens and by operationalizing key principles such as impartiality, inclusiveness, transparency, integrity and accuracy. Continuous reflection, reform and adaption o...

Under Human Rights regime Economic, Social and Cultural Rights belong to what is called the second generation of rights. Under International Law, Economic, Social and Cultural Rights and Civil and Political Rights form the same body of human rights. In Domestic Constitutions of Nations these body of human rights are either lumped together under the...

There is no doubt about the fact that impeachment is a tool to check the excesses of the Executive. It can be argued that impeachment is traceable to the doctrine of separation of powers. The doctrine of separation of powers presupposes that there are three organs of government namely; the Executive, the Legislative and the Judiciary. Impeachment i...

The Nigerian Coastal and Inland Shipping Act (the Cabotage Act 2003) enacted by the national Assembly is a comprehensive piece of Legislation which has the objectives of, enhancing indigenous participation in the domestic coastal trade business, transfer technical skills to Nigerians create jobs within the shipping industry, conserve foreign exchan...

The Coronavirus otherwise called COVID-19 is a communicable disease caused by a new strain of virus that causes illness in humans. It is transmitted from persons to person and its fatal health effect is death. Because of its communicable nature and the fatal consequence of death the various Governments of the world introduced measures to contain it...

In common parlance "justice" implies fairness, proper, it can also imply equity, equality in

Political parties are very important institutions for the operationalization of democracy in every society. Political party system has faced a chequered history in Africa, from the pre-colonial period, ·when organisation of groups to control society was rudimentary and along primordial lines, to the colonial era when the major motive for political...

Law and morality arc inseparable. J\rguably. almost every law has an undertone of morality. There is however an age old debate on whether Law should concern itself with issues of private morality. This debate was made rife with the release or the famous \Vof('ildcn Report �lilt\ till� attl�!ldant papers \\ritten by l !LJ\ Hart am! Lord Patrick Devl...

The dawn of democratic experience in Nigeria has brought to the fore some issues and challenges. One of these is the role of good governance in socio-economic development of the country. The government, both federal and state, being conscious of the indispensability of good governance in the promotion of socio-economic development employ a variety...

This paper examined peace education as a catalyst for sustainable development in South-South, Nigeria. The rate of conflicts and violence has increased tremendously in Nigeria with the twist of militancy, youth restrictiveness, kidnapping and Boko Haram. This situation has made households, communities and institutions to relocate for safety and sur...

The Constitution of the Federal Republic of Nigeria 1999 as amended provides for fundamental objectives and Directive Principles of State Policy in Chapter II. The said provisions incorporates social, economic and cultural rights in addition to other issues on government and the people. Section 13 of the Constitution which is part of Chapter II dir...

Internally Displaced Persons otherwise known as IDPs refer to persons who have been displaced from their traditional homes in their country for one reason or the other. This issue has assumed a significant dimension of great concern all over the world with the African sub-region being the highest victim. Internally Displaced Persons face grave dang...

The Constitution of the Federal Republic of Nigeria 1999, as amended, provides for environmental matters in Section 20 as one of the fundamental objectives and directive principles of state policy. This was the first time environmental issue is captured in the Constitution, besides, the Constitution also places the subject-matter on the exclusive l...

Obviously, education is a major instrument for the training and upbringing of a child. It is the bedrock or foundation for other forms of training. Thus, Nigeria and the entire world have realized that the mission of a peaceful, civilized society cannot be realized without education. The Constitution of the Federal Republic of Nigeria 1999 as amend...

The protection of the environment is now of both local and international concern. The Constitution of the Federal Republic of Nigeria 1999 provides for environmental matters in Section 20 as one of the Fundamental Objectives and Directive Principles of State Policy contained in Chapter II of the said Constitution. This is the first time environment...

This study investigated the concept of restructuring Nigeria as perceived by newspaper readers in Port Harcourt metropolis and the implications for implementation. It adopted descriptive research design with the questionnaire which was constructed by the researchers as its instrument for data collection. Three research questions guided the study. A...

This paper considers legal education in Nigeria especially the role of continuous assessment in the overall performance of teachers and students in the learning environment. It considers the issue of whether the continuous assessment policy applicable in the legal education of students in Nigeria is beneficial or detrimental and goes on to interrog...

Fair hearing is one of the essential characteristics of natural justice. It is acclaimed to have its origin in the Garden of Eden. Before sending away Adam and Eve from the Garden of Eden, God gave them an opportunity to defend themselves. Without fair hearing, the principles of natural justice are abandoned and without the principles of natural ju...

The Directive Principles of State Policy are constitutional rights commonly made up of socio-economic and cultural rights expressed in the nature of duties, upon the state without corresponding rights to the citizens. The adoption of this concept of Directive Principles of State Policy by various countries is based on one political and or economic...

This paper argues that mortgage transactions under the Land Use Act 1978 are hazardous especially for the mortgagee whose security of interests is somewhat compromised by the provisions of the Land Use Act 1970. It examines the mortgagee as the lender in a special contract arrangement protected by law who enters into the transaction as a prudent ma...

This paper examines the application of girl-child rights in Nigeria and argues that law itself is a challenge to the application of the rights of the girl-child in Nigeria. It is the position of this paper that the rights of the girl-child in Nigeria continues to be violated despite the very many provisions of the law guaranteeing such rights in do...

The Factories Act 2004 is the most comprehensive legislation for the protection of a wide spectrum of workers who are exposed to occupational hazards. It imposes several obligations on employers for the health, safety and welfare of workers employed in factories. It is supplemented by a number of subsidiary legislations particularly the Dock (Safet...

This topic seeks to examine if the judiciary is really alive to its constitutional and statutory rules of combating crime with emphasis on the Niger Delta Region. The Niger Delta Region in the Nigerian Federation comprises of the following states:

The pursuit of equality for women in Nigeria is ongoing as long as issues of violations and abuses are being reported and revealed through advocacy efforts. There is no doubt that feminist abuses are evil, criminal and unacceptable under the laws of the land. The male and women are culprits. To succeed, this paper advocate for true and real implant...

This paper advances the role of environmental human right in the Nigerian context with the hypothetical believe that humanity cannot achieve happiness in a degraded environment, as living in harmony with other forms of life is itself a human right. The paper generally considers the concept of human rights in the Nigerian legislation with specific c...

This paper examined the concept of alienation of land by sale under Customary n Law. The paper argues that although the practice of alienation or disposition of land by sale was not common under Customary Law in the olden days, it was not prohibited, rather it could be that there was no sufficient economic reason to propel the owner or owners to se...

ABSTRACT The Directive Principles of State Policy in the Constitution of India and the Fundamental Objectives and Directive Principles of State Policy in the Constitution of the Federal Republic of Nigeria 1999 are framed as a set of obligations upon the State, however, both also suffer the same faith as the two Constitutions render them judicially...

L. O. NWAUZIand PADDY OGON, CranbrookLaw Review8(1) 2018 pp. 26-41(9,886words)26ABSTRACTSince the creation of the Nigerian police force, a lot of legislation has conferred duties on the Nigerian Police Force. With their duties come the powers to carry out the duties. It is often said that the powers of the Nigerian Police force is as expansive as t...

This paper undertakes a critical review of the ongoing war on corruption being undertaken by Nigeria’s current President, Mohammadu Buhari, the modus operandi of the said war on corruption vis-à-vis the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and its impact on the rights and liberties of individuals unde...

ABSTRACT It is a popular saying that man is born free but is everywhere in chains. This popular saying of the great French philosopher Jean Jacques Rousseau explains the suffering of man generally and the child in particular in the hand of his fellow human beings. The child is the most vulnerable in the wickedness of man to his fellow man. The chil...

Abstract The importance of implied terms in a contract of employment cannot be overemphasized, in the absence of express terms, implied terms define the rights and duties of the employer and the employee in the first place and their liabilities in the event of any breach. This paper examines the various terms which are implied by the courts to dete...

Fundamental Human Rights as contained in Chapter IV of the 1999 Nigerian Constitution has been adjudged as tlze basic rights that avails a person by reason that the person �s a human being existing in the societ l j. All over the world, human rights ha'lje become the standard or the yardstick of measuring wltetlzer or not a country or modern state...

Maritime business and activities are critical to any nation's development and economy as the bulk of trading in goods and services between nations are carried out by various sea vessels owned by nationals and foreigners alike on the nation 's water ways. This paper therefore examined the Nigerian Maritime environment as a key sector in the growth o...

The Constitution of the Federal Republic of Nigeria 1999 as amended did not provide for free and compulsory education to the child rather provided for education in Section 18 as fundamental objective of any Government in Nigeria. Based on that section the Federal Government of Nigeria enacted the Compulsory, Free and Universal Basic Education Act,...

The provisions of Section 70 of the Matrimonial Causes Act gives the Court powers to make order for the maintenance of the parties and children of the marriage. By that provision parties (ie husband and wife) and the children of the marriage are entitled to the order of maintenance. This paper examines the provisions of the said Section 70 of the M...

In Nigeria the question has always been asked, whether there is a fundamental right to education? This is because there is no section under chapter IV of the Constitution of the Federal Republic Nigeria 1999 as amended which expressly provides for fundamental right to education in Nigeria. The closest provision for right to education is Section 18...

In Africa generally and Nigeria in Particular, it is a common practice that communities and or families who have excess lands grant some of it to either their relations, non – relations, other families or communities or even stranger elements who do not have enough or do not have at all to use for their own benefit and enjoyment. This grant which m...

The Constitution of the Federal Republic of Nigeria 1999 as amended provides for fundamental objectives and directive principles of state policy in Chapter II. The importance of that Chapter II has been downplayed basically because it is not justiciable. The article examines the some of the provisions of that chapter II and succinctly highlights th...

The Constitution of the Federal Republic of Nigeria 1999 as amended in chapter 2 provides for Fundamental Objectives and Directive Principles of State Policy, which substantially contains socio-economic rights. The Constitution in section 6(6)(c) declared chapter 2 as non-justiciable. This article examined the general argument for and against the j...

The essence of auditing is to establish and confirm confidence int he accounting information of the Company as seen in the records of the Company, and it is the responsibility of the auditor to establish and confirm this confidence. This article examines the extent of the duties and responsibilities of the auditor in the performance of this onerous...

The desire to protect the rights of the minorities in India by the founding fathers has been there since the independence of India. Hence the constituent Assembly which drafted the Constitution had a special committee headed by H. C. Mookerjee who was a Christian. This sincere and patriotic desire by the founding fathers of India to protect the int...

This paper considers a variant of domestic violence namely wife beating as a clear act of torture and a violation of the human rights of the woman. It argues that the consequences of wife beating by a husband who by reason of his masculinity possesses more physical strength than the woman are psychological, mental, physiological and social. Going f...

The Constitution (86th Amendment) Act 2002 of India inserted article 21-A into the Constitution of India, thereby making primary education a fundamental right under the Constitution of India. Pursuant to that the Indian Parliament enacted the Right of Children to Free and Compulsory Education Act 2009 declaring education free and compulsory for chi...

It is a trite Company Law Principle that a company once incorporated enjoys the status of a corporate personality. This principle though well established has so many exceptions by which that status is uprooted and the far;ade of incorporation is removed and the shareholders or directors or other stakeholders of the company are held personally liabl...

Tn Africa generally and Nigeria in particular, it is a com111011 practice that communities and or families: who have excess lands grant some of it to either their relations, non-· relations,

It is an elementary rule under the Agency Law that an agent is not liable to a third party when the principal is known and is liable under the same contract, either ab-initio, or by-election of the third party. It is the aim of this article to examine the position of special agents with special responsibility who either by trade customs or usage ar...

It is an elementary rule under the Agency Law that an agent is not liable to a third party when the principal is known and is liable under the same contract, either ab-initio, or by election of the third party. It is the aim of this article to examine the position of special agents with special responsibility who either by trade customs or usage ar...

It is an elementary rule under the Agency Law that an agent is not liable to a third party when the principal is known and is liable under the same contract, either ab-initio, or by election of the third party. It is the aim of this article to examine the position of special agents with special responsibility who either by trade customs or usage ar...

In many settings, 11 is common to find Nigerians construe customary right of, occupancy as implying ownership. This similarity borders fundamentally on the compatibility of duration while the distraction underscores exceeding rights and privileges of absolute ownership. These issues have been well examined in this study, with insights on subsequent...

The right of workers to organize join and participate in trade union affairs and a unions freedom to engage in collective bargaining have become the cornerstones of the Nigerian industrials relations. The Government since 1938 when the first trade union ordinance was enacted have always encouraged and allowed the free and voluntary bargaining betwe...

The use of force, commonly resorted to · by landlords in the ejection of Tenants from their premises is not only barbaric but out of place, illegal and punishable. It is attractive and becoming common place because it is a speedy remedy in contrast to the delays in following due court proceedings.

The assent to the Child Rights Act. 2003 is the recognition 4 the rights of the Nigeria · child as being intrinsic.

Right from the Independence of India, it has been the intention and desire of the Government to make education a fundamental right. This is ·why during the first drr.ft of the constitution education was put under the enforceable rights before tlze Constituent Assembly finally settled for incorporating it into the Directive Principles of State Polic...

The importance of corporate reconstruction m company law and practice cannot be overemphasized. A growing phenomenon of modern company management is the different types of changes effected in the structure of these companies. Reconstruction is a general term indicating a re-organization in the equity holding of a company. It is a structural change...