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African Journal of Law and Human Rights AJLHR 3 (1) 2019 AFRICAN JOURNAL OF LAW AND HUMAN RIGHTS VOL. 3 (1) JUNE, 2019 CITATION: AJLHR (2019) 3 (1) Page | i African Journal of Law and Human Rights © International Centre for Human Rights and Peace Studies (ICHRPS) Published, June, 2019 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 | ii AJLHR 3 (1) 2019 TABLE OF CONTENTS Teaching Social Justice across Law Curriculum in Recharting Legal Professionalism in Nigeria FESTUS EMIRI, OLAOLU S. OPADERE & HABIBA MUSA 1 Doctors’ Civil Liabilities Arising from Negligent Prenatal Genetic Counseling: A Rwandan Perspective EVODE KAYITANA 15 From Trade Courts to Human Rights Tribunals: Contributions of Sub-Regional Courts to the Protection of Human Rights in Africa VICTOR OLUWASINA AYENI 22 Moral Entrepreneurs: A Viable Legislative Venture? T.A. YUSUF 36 Some Pathways for Psychology’s Influence on a Legal System JUDE U. OKOYE & IKENGA K.E. ORAEGBUNAM 46 An Appraisal of Polygamy in Contemporary Family Law Practice: Validity and Challenges ADESOJI KOLAWOLE ADEBAYO & FISAYO ANDREW BANKOLE 59 The International Seabed as Common Heritage of Mankind: How Common for Third World Countries? VINCENT I. IWUNZE 74 Apprising the Syrian Conflict: A Failure of the Responsibility to Protect MAZI UDEGBULEM 91 Page | iii African Journal of Law and Human Rights Ouster Provisions and Judicial Review in the Nigerian Communications Act: An Overview CHIJIOKE UZOMA AGBO 105 Appraising the Expanded Jurisdiction of the National Industrial Court under the 1999 Nigerian Constitution THADDEUS (TED) CHUKWUKA EZE 117 Supreme Court’s Decision in Mainstreet Bank Capital Ltd & Anor V Nigeria Reinsurance Corp Plc: Is the Supreme Court Pro-Arbitration? DAVID TARH-AKONG EYONGNDI & CAROLINE A. FABODE-BALOGUN 124 The Place of Rural Women in Environmental Protection in Africa C.I.N. EMELIE 136 Violation of Health and Reproductive Rights of Children in Nigeria: A Critique NNEKA OBIAMAKA UMEJIAKU & NGOZI CHISOM UZOKA 145 The Technique of Plea Bargaining in Criminal Justice: Lessons from Rwandan Gacaca Courts EVODE KAYITANA 153 Separation of Powers: An Imperative for Authentic Democracy in Nigeria ANNE AMUCHE OBIORA & ANN CHINWE AKPUNONU 164 A Survey of the Legal Framework for the Protection of the Right to Safe Food in Nigeria and China UZOAMAKA GLADYS EZE 176 Page | iv AJLHR 3 (1) 2019 EDITORIAL TEAM EDITOR-IN-CHIEF: Ogugua V. C. Ikpeze, PhD (Law), LLM, BL, Professor and 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 EDITOR: Nnamdi Ikpeze, LLM, BL, College of Law, Afe Babalola University, Ado-Ekiti (ABUAD), Nigeria EDITORIAL BOARD: Damilola Olawuyi, PhD (Oxford) LLM, BL, College of Law, Afe Babalola University, Ado-Ekiti (ABUAD), Nigeria Etefia Ekanem, PhD (Law), BL, Faculty of Law, University of Uyo, Uyo, Nigeria Peter Obi Okonkwo, PhD (Buckingham, United Kingdom), LL.M, LL.B, BL, Faculty of Law, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus. EDITORIAL CONSULTANTS: Aare Afe Babalola, SAN, EMMANUEL CHAMBERS Nigeria; Founder and Chancellor, Afe Babalola University, Ado-Ekiti (ABUAD), Nigeria Hon. Justice Bode Rhodes-Vivour, Justice of Supreme Court of Nigeria Hon. Justice C. C. Nweze, Justice of Supreme Court of Nigeria C. U. Ilegbune, SAN, Professor of Law, University of Abuja, Nigeria Epiphany Azinge, SAN, Professor of Law and Formerly Director-General, Nigeria Institute of Advanced Legal Studies, Abuja/Lagos, Nigeria M T Ladan, Professor of Law, Ahmadu Bello University, Zaria, Nigeria Joy Ngozi Ezeilo, Professor of Law, University of Nigeria, Enugu Campus, Nigeria M O U Gasiokwu, Professor of Law, Delta State University, Oleh Campus, Nigeria Chris Ohuruogu, Professor of Law, Baze University, Abuja, Nigeria Dakas C.J. Dakas, SAN, Professor of Law, University of Jos, Jos, Nigeria Carol Arinze-Umobi, Professor of Law, Nnamdi Azikiwe University, Awka, Nigeria Page | v African Journal of Law and Human Rights GUIDELINES FOR CONTRIBUTORS African Journal of Law and Human Rights (AJLHR) aims at publishing peer-reviewed papers dealing with issues of law and human rights which are of relevance to Africa, Africans, and scholars of Africa. AJLHR appears twice in a year in June and 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 and human rights scholars 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 welcome. Contributors should adhere to the following guidelines: 1. Language The language of the manuscript must be English (either American or British standard, 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 E Mckendrick, Contract Law (5th edn, London: Palgrave Macmillan, 2013) p.3. Page | vi AJLHR 3 (1) 2019 Books by multiple authors PA Thomas & J Knowles, How to use a Law Library (London: Sweet & Maxwell, 2012) p.9. Chapters in Edited Books S Freedman, ‘Equality Issues’ in B Markesinis (ed), The Impact of the Human Rights Bill (Oxford: Clarendon Press, 2012) p.3. Journal Articles A Burns and B Lynch, ‘Pleading Fraud and More’ (2014) 4 SJ, 304 Articles in magazine and Newspapers F Cutriel, ‘What Freud Got Right’, Newsweek, November 11, 2014, p.40 Articles on the Internet S Cooper, ‘Human Rights and Legal Burdens of Proof’ (2013) 3 Web J Current Legal Issue. <http://webjdeli.ncl.ac.uk/2013issue3/cooper3.html> accessed on 5 April 2015 Law Reports Chukwuma v Shell Petroleum [1993] 4NWLR (pt 287) 288 Unreported Cases MTN Nigeria Ltd v Consumer Protection Council (Unreported Suit 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 Environment Act 1995, should read as follows: Environment Act 1995 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 ‘PA Thomas & J Knowles, How to use a Law Library (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: PA Thomas & J Knowles (n. 5) p… Submission of Manuscripts Interested contributors are to submit their manuscripts/papers to [email protected] and copy to [email protected] and to [email protected]. Papers are received all through the year. Page | vii AJLHR 3 (1) 2019 TEACHING SOCIAL JUSTICE ACROSS LAW CURRICULUM IN RECHARTING LEGAL PROFESSIONALISM IN NIGERIA Abstract This paper focuses on how to prepare students for professional practice of the Law in Nigeria, in exercising professional and good judgment, by teachers introducing them to social justice issues often silenced in the formal nature of legal education. By empirical examples and jurisprudential argument, it shows how social justice is not incongruent with the modular curriculum spanning transactional, adjectival and theoretical subject modular courses of law. The examples will show how the teacher can advance the needed diversity and inclusion of social justice in specific practice settings, such as public interest law, in-house practice, law firm practice, and government practice, to create innovative problem-solver lawyers, with keen interest to advance common societal good. Keywords: Teaching, Justice, Curriculum, Professionalism 1. Introduction A lot of law teachers mistakenly think that educating law students is all about teaching them substantive law as provided in the National Universities Commission Benchmark Minimum Standards (NUC BMAS) curriculum. This thinking is responsible for the formal pedagogy used in educating future lawyers. This is however, a fundamental error.
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