Articles in This Issue
Abstract: Fundamental rights are aspects of human rights which have been given constitutional recognition. Despite their prominence, in comparison to the general human rights scheme, the extent of their expression is curtailed aimed at enabling their responsible expression vis-a-vis competing rights of others and the collective interest of the society. This paper examines the variants and nature of derogations from fundamental rights evident in Nigerian Constitution and jurisprudence; with the aim of determining the extend of its application and limitations on fundamental rights in Nigeria. The paper adopts the doctrinal research method in examining primary and secondary sources of law such as: Constitution of the Federal Republic of Nigeria 1999 (as amended), African Charter on Human and Peoples' Right (Ratification and Enforcement) Act 1983, case laws, scholarly text in books and journals. The study finds that there are three variants of derogation from fundamental rights. These include: general derogation, specific derogation and derogation arising due to emergency situation. While these variants of derogation are applicable in various instances, depending on the specific fundamental right in question, they all have constitutional flavour. The study concludes that derogation from fundamental rights guards against arbitrariness and is essential for the optimal functionality of the society. It is herein contended that derogation should be retained in the retained in the statute book to the extent that it does not defeat the essence for which the fundamental rights were created in the first instance.
Abstract: The Israeli-Palestinian conflict remains one of the most protracted and complex disputes in contemporary international relations. The current phase of hostilities commenced on 7 October 2023, when Hamas launched coordinated attacks against Israel. This paper adopts a doctrinal research method to evaluate the environmental, humanitarian, and socioeconomic impacts of Israeli military operations in Palestine on the Palestinian people in the ongoing Hamas-instigated Israeli-Palestinian armed conflict. It finds that Israeli military campaign has produced extensive environmental degradation, severe humanitarian distress, and profound socio-economic disruption in Palestine, particularly within the Gaza Strip. The paper argues that the scale and pattern of these impacts raise serious concerns regarding compliance with core principles of international humanitarian law – namely distinction, proportionality, and precaution.
Abstract: The quality of life a man lives cannot be separated from the condition of the environment where a man dwells. Each affects each other. The interaction of man with his environment has a direct influence on his health positively or negatively. Thus, environmental protection is pivotal to achieving sustainable health condition for all Nigerians as they continue their exploration and exploitation of their environment. This article using the doctrinal research method discusses the concept of environmental protection, appraises the legal framework on same in relation to health in Nigeria and finds it ineffective. This paper concludes that right to a healthy environment be accorded the status of fundamental right.
Abstract: This study explored the state of technical and vocational education and training (TVET) in Nigeria, focusing on Osogbo and Ibadan. Employing a mixed-methods approach, data were drawn from 225 survey respondents and documentary analysis. The findings reveal strong recognition of TVET's importance for human capital development and industrial growth, but also highlight chronic underfunding, policy inconsistency, infrastructural deficits, and a significant trust gap between government and private actors. The study concludes that repositioning TVET requires increased investment, harmonised policies, and inclusive partnerships to drive national development.
Abstract: Abortion is any interruption of the continuous development of a foetus from the point of conception to when it is capable of surviving outside the mothers' womb. Induced abortion is expressly criminalised under the Nigeria penal legal system. The criminalization of induced abortion is argued to be a factor that has by implication denied women access to safe abortion procedures and expose them to the risk of unsafe abortions. This paper finds that induced abortion is prevalent in Nigeria and it is been carried out in unsafe and unprofessional environments because of the restrictive laws. It recommends that abortion laws in Nigeria be relaxed and induced abortion be regulated by law.
Abstract: Debates on assisted dying remain persistent and complex globally. Recent developments, including support for assisted dying legislation in jurisdictions traditionally opposed—such as United Kingdom—indicate a significant shift in legal and ethical discourse. These evolving trends have implications for countries like Nigeria, which cannot remain insulated from global developments. The paper aims to revisit the concept of assisted dying and critically examine the competing arguments that shape global debates, with a view to informing Nigeria's potential future position on the issue. There is a need for Nigeria to reconsider its position and engage more critically with the perspectives advanced by advocates of assisted dying.
Abstract: Healthcare autonomy, the inherent right of adults with capacity to make informed choices about their own medical decisions represents a fundamental principle of contemporary medical law and bioethics. For women in Nigeria, this right is never exercised in isolation as it is often shaped by family dynamics, community expectations and economic constraints. This paper examines bodily healthcare autonomy for women in Nigeria via a feminist legal theory lens. It posits that existing liberal autonomy frameworks embedded in Nigerian healthcare law inadequately protect women's healthcare self-determination. The paper proposes the relational autonomy theory to Nigerian healthcare contexts.
Abstract: The digital transformation of healthcare has intensified concerns surrounding the protection of patient health data globally. In Nigeria, the question of whether data privacy constitutes a fundamental right or a mere privilege for patients remains largely unresolved, creating significant gaps in legal protection and clinical accountability. This study adopts a doctrinal methodology and a comparative approach. It argues that patient data privacy in Nigeria is constitutionally grounded and must be treated as a fundamental right, not a discretionary privilege. It further identifies systemic enforcement failures, institutional non-compliance, and low patient awareness as critical barriers to realising this right. The article concludes by recommending legislative harmonisation, stronger regulatory oversight, and mandatory data protection compliance frameworks tailored specifically to the Nigerian healthcare sector.
Abstract: Economic, social, and cultural rights (ESCRs) constitute a vital component of the international and domestic human rights framework, aimed at guaranteeing an adequate standard of living. In Nigeria, however, the realisation of these rights remains contested, largely due to their classification as non-justiciable Fundamental Objectives and Directive Principles of State Policy under Chapter II of the 1999 Constitution. The research recommends constitutional and legislative reforms to clarify and enhance the justiciability of ESCRs, greater incorporation of international human rights standards into domestic law, and a more proactive role of the judiciary in advancing social justice.