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African Journal of Criminal Law and Jurisprudence AFJCLJ 4 (2019) AFRICAN JOURNAL OF CRIMINAL LAW AND JURISPRUDENCE Page | i African Journal Of Criminal Law And Jurisprudence AFRICAN JOURNAL OF CRIMINAL LAW AND JURISPRUDENCE VOL. 4 SEPTEMBER, 2019 CITATION: AFJCLJ 4 (2019) Page | ii AFJCLJ 4 (2019) © International Centre for Crime Prevention and Security Studies (ICCPSS) Published: September, 2019 ISSN: 2550-746X All rights reserved. No part of this journal should be reproduced, stored in a retrieval system or transmitted in any form or by any means in whole or in part without the prior written permission of the copyright owner. Printed and Published by: Amaka Dreams Ltd. 106, Arthur Eze Avenue Awka, Nigeria Tel: 08037449926 Page | iii African Journal Of Criminal Law And Jurisprudence TABLE OF CONTENTS Terri Schaivo to Goodall: The Dialectico-Jurisprudential Metamorphosis of Euthanasia IFEANYI ERNEST ANIGBOGU 1 Rethinking the Penalty of Harmful Traditional Practices Committed on Pregnant Women and Children under the Ethiopian Criminal Code MULUKEN KASSAHUN AMID & IKENGA K. E. ORAEGBUNAM 12 Effects of Economic and Financial Crimes on Sustainable Development: Nigerian Experience E.Q. OKOLIE 22 Three Avenues for Prosecuting International Crimes: Exploring the Advantages, Disadvantages and Limitations of Each EVODE KAYITANA 40 A Survey of the Criminal Jurisprudence for Combating Food Adulteration in Nigeria and India GLADYS UZOAMAKA EZE 55 A Critique of the Nigerian Administration of Criminal Justice Act 2015 and Challenges in the Implementation of the Act ROSE OHIAMA UGBE, ANNE URUEGI AGI & JUSTINE BEKEHNABESHE UGBE 69 Electoral Violence: A Case Study of the Governorship and State Houses of Assembly Elections Held in Nigeria on 9th March, 2019 C. J. UBANYIONWU 82 Child Pornography under the Cybercrimes Act 2015 of Nigeria: The Law and its Challenges JUDE O. EZEANOKWASA 95 Page | iv AFJCLJ 4 (2019) The Pacta Sunt Servanda Solace for Persons Detained Indefinitely in Nigeria on Suspicion of Committing Capital Offences CHUKWUNONSO NATHAN UWAEZUOKE 92 The ‘Reasonable Man’ in the Law of Crime as a ‘Fading’ Legal Concept? An Overview of the Rome Statute, the New York Penal Code and the Codes of States of Nigeria MUSA Y. SULEIMAN 119 A Critical Examination of the Criminal Jurisdiction of the National Industrial Court of Nigeria VICTOR OLUWASINA AYENI 132 The Imperative of Littoral States’ Cooperation in Tackling the Scourge of Sea Piracy in the Gulf of Guinea: A Case Study of the Fight against Piracy in the Malacca and Singapore Straits ZINO UGBOMA 146 Psycholegal Research and Criminal Behaviour: Implications for Nigeria JUDE U. OKOYE & IKENGA K.E. ORAEGBUNAM 159 Normative Development of the Crime of Aggression: The Kampala Amendments to the Rome Statute or the Malabo Protocol? IZUNNA ISDORE OZUO 172 Updating the Legal Framework for the Elimination of Gas Flaring in Nigeria THADDEUS (TED) CHUKWUKA EZE 183 Page | v African Journal Of Criminal Law And Jurisprudence EDITORIAL TEAM EDITOR-IN-CHIEF: Emmanuel O. C. Obidimma, PhD (Law), B.A (Phil), BL, Professor of Law and Formerly Head, Department of Commercial and Property Law, Faculty of Law, Nnamdi Azikiwe University, PMB, 5025, Awka, Nigeria DEPUTY EDITOR-IN-CHIEF/MANAGING EDITOR Ikenga K. E. Oraegbunam, PhD (Law), PhD (Phil.), PhD (Rel. & Soc.), MEd, BL, Reader and Head, Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, PMB, 5025, Awka, Nigeria EDITORIAL BOARD Meshach N. Umenweke, PhD (Law), BL, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria Angela E. Obidimma, PhD (Law), B.A. (Ling.), BL, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria Maurice O. Izunwa, PhD (Phil.), LLM, MA (Phil.), MA (Rel.), BL, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria Boniface E. Ewulum, PhD (Law), BL, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria Queen C. Umeobika, PhD (Law), LLM, BL, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria Reginald Uzoechi, LLM, BL, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria Zino Ugboma, LLM, BL, Faculty of Law, Baze University, Abuja, Nigeria EDITORIAL CONSULTANTS C.O. Okonkwo, Formerly Professor of Law, University of Nigeria, Enugu Campus Gregory C. Nwakoby, Professor of Law, Nnamdi Azikiwe University, Awka, Nigeria RACE Achara, Formerly Professor of Law, Abia State University, Uturu, Nigeria Uba S.F. Nnabue, Professor of Law, Imo State University, Owerri, Nigeria Dakas C.J. Dakas, SAN, Professor of Law, University of Jos, Nigeria Z.C. Anyogu, Professor of Law, Madonna University, Okija, Nigeria Hon. Justice O. R. Onunkwo, High Court of Justice, Anambra State, Nigeria F.A.R. Adeleke, Professor of Law, Lagos State University, Ojo, Nigeria Page | vi AFJCLJ 4 (2019) GUIDELINES FOR CONTRIBUTORS African Journal of Criminal Law and Jurisprudence (AFJCLJ) has the objective of publishing peer-reviewed papers dealing strictly with issues on criminal law and criminal jurisprudence which are of relevance to Africa, Africans, and scholars of Africa. AFJCLJ appears once a year in September. It is published online and in print. The Journal is abstracted and indexed with Google scholar and other major indexing outfits. It provides a forum for legal scholars and jurists to report research findings for policy making through innovative and advanced methodologies. Well researched and original papers on topical subject matters, and which extend the frontiers of knowledge with a view to solving developmental problems are hereby welcome. Guidelines to Authors 1. Language The language of the manuscript must be English (either American or British standards, but not the mixture of both). 2. Length of paper The length of the paper should not exceed 7000 words excluding tables, figures, references and appendices (if any). Articles should be typed in 1.5 line spacing (footnotes and references should appear in single line spacing) on one side of A4 paper only with wide margins. Authors are urged to write as concisely as possible, but not at the expense of clarity. 3. Title Page The title page should include: (i) The name(s) of the author(s), (ii) A concise and informative title, (iii) The affiliation(s) and address (es) of the author(s), (iv) The e-mail address, and telephone numbers of the corresponding author. 4. Abstract Please provide an abstract of 150 to 200 words which must include the objectives of the study, methodology, findings/results, method of data collection and summary of recommendations. The abstract should not contain any undefined abbreviations or unspecified references. 5. Keywords Please provide 4 to 6 keywords which can be used for indexing purposes. 6. Subdivision of the article Divide your article into clearly defined and numbered sections. Subsections should be numbered 1, 2. (then 1.1, 1.1.1, 1.1.2), 1.2, etc). The abstract is not included in section numbering. 7. References Author(s) should adhere strictly to the following referencing and documentation style: Books by one author C O Okonkwo, Criminal Law in Nigeria (2nd Ed, Ibadan: Spectrum Books Ltd, 2002) p.3. Page | vii African Journal Of Criminal Law And Jurisprudence Books by multiple authors MN Peters & J Hospers, How to Investigate a Crime (London: Sweet & Maxwell, 2012) p.9. Chapters in Edited Books S Kelly, ‘Allocutus’ in B Denis (ed), The Essence of Sentencing (Oxford: Clarendon Press, 2012) p.3. Journal Articles P Edwards & J Shorter, ‘Defence of Unwilled Act’ (2014) 4 SJ, 304 Articles in magazine and Newspapers F Bindell, ‘The Essence of Locus Standi’, Newsweek, November 11, 2014, p.40 Articles on the Internet S Butler, ‘Standard of Proof in Criminal Trial’ (2013) 3 Web J Current Legal Issue. <http://webjdeli.ncl.ac.uk/2013issue3/cooper3.html> accessed on 5 April 2015 Law Reports Chukwuma v The State [1993] 4NWLR (pt 287) 288 Unreported Cases Ahmed v FRN (Unreported Charge No FHC/ABJ/M/210/2013, ruling delivered on 3/8/2006 by B.F.M. Nyako, J. at Federal High Court, Abuja FCT Division. Statutes The citation of section 61, sub-section 3, paragraph b of the Evidence Act 2011, should read as follows: Evidence Act 2011 s. 61 (3) (b). Statutory Instruments (Secondary/Delegated Legislation Employer’s Liability (Compulsory Insurance) Regulations 1998 SI 1998/2573 Unpublished Works: G Uzoechie, ‘Dress Code in Universities’, A Paper delivered at the UNIZIK 1st Public Lecture on 12th December, 2014, p.5. Subsequent References If referring for a second, third or more time to a previously cited work, it is not necessary to repeat all details in full. Assuming you cited ‘MN Peters & J Hospers, How to Investigate a Crime (London: Sweet & Maxwell, 2012) p.9’ earlier in footnote no. 5, and you wish to cite the work again in footnote no. 10, simply write: MN Peters & J Hospers (n. 5) p… Submission of Manuscripts Page | viii AFJCLJ 4 (2019) The interested contributors are to submit their manuscripts/papers to [email protected] and copy to [email protected] and [email protected]. Papers are received all through the year. Page | ix AFJCLJ 4 (2019) TERRI SCHAIVO TO GOODALL: THE DIALECTICO-JURISPRUDENTIAL METAMORPHOSIS OF EUTHANASIA* Abstract Right from the dawn of medical practice, no endeavour has been as demanding of the healthcare practitioner as the management of the terminally ill and the incurably ill. The exercise is a medico-jurisprudential nightmare for the patient, the healthcare provider, and the patient’s family. The assumption in medico-legal consideration is that for many patients at the threshold of death, the desire to die is understandable. This desire is implicitly recognized as lawful in law, by the recognition of the principle that a competent adult does have the right to refuse medical treatment even if the effect of it would mean death. In many a jurisdiction therefore, euthanasia in any of its forms is in the interest of the patient. Of course such an assumption is not only intellectually destitute, but absurd. The absurdity of such assumption stems from the fact that the thought that the patient is competent is questionable.
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