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African Journal of Law and Human Rights AJLHR 3 (2) 2019 AFRICAN JOURNAL OF LAW AND HUMAN RIGHTS VOL. 3(2) SEPTEMBER, 2019 CITATION: AJLHR (2019) 3 (2) Page | i African Journal of Law and Human Rights © International Centre for Human Rights and Peace Studies (ICHRPS) Published, September, 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 (2) 2019 TABLE OF CONTENTS Foreign Investment, Human Rights and National Development: A Jurisprudential Approach MVC OZIOKO & IKENGA K.E. ORAEGBUNAM 1 Human Rights and Humanitarian Cost of the Syrian War MARIA OMOZELE EDEKO 15 Plea Bargain and the Question of Abuse of Right to Fair Hearing in Nigeria: Where Lie the Odds? REGINALD ANOSIKE UZOECHI 27 The Nigerian Constitution and Federal Character Principles: A Critical Appraisal ANN CHINWE AKPUNONU 38 Right to Life and Defence of Property in Nigeria: The Child’s Right Act in Focus LINDA AMARACHI OTI-ONYEMA 49 The United Nations Convention on the Rights of the Child: The Dichotomy between Rhetoric and Reality VITUS MAZI UDEGBULEM 59 Low Reporting of Rape Cases in Nigeria: Challenges and Prospects TOMI GRACE OBAGBOYE 68 The Rise of Non-consensual Pornography in Nigerian Cyberspace: Imperatives for Statutory Criminalisation NNAMDI G.IKPEZE & OYEBANKE APARA 79 The Legality of Declaring an Election Result Inconclusive by Independent National Electoral Commission (INEC) in Nigeria: A Reflection of the Electoral Act 2010 (As Amended) NWAMAKA ADAORA IGUH 86 Re-Evaluating the Relationship between Patent Rights and Human Rights for the Enhancement Of Access To Essential Medicines JENNIFER HEAVEN MOGEKWU MIKE 91 Page | iii African Journal of Law and Human Rights The Jurisprudence of Economic Sovereignty MVC OZIOKO & IKENGA K.E. ORAEGBUNAM 103 Nigeria’s Multi-Religious Practice: A Challenge to Sustainable Environmental Protection C.I.N. EMELIE 115 The ‘Concurrency’/ ‘Coordinacy’ of the Jurisdiction of States’ High Courts, Customary and Sharia Courts of Appeal: Constitutional Matters Arising MUSA Y. SULEIMAN 120 Is that the Man? Imperatives for Identification Parade in Nigeria B.E. EWULUM 130 The Evolution of Disability Rights in Nigeria: Pitfalls and Prospects CHINEZE SOPHIA IBEKWE & ONYEKA CHRISTIANA ADUMA 137 Looking Beyond the Actors and Unto the Cause: The Legal Status of Militants in the Niger Delta Region of Nigeria CHUKWUDUMEBI OKOYE-ASOH, UJAH MAUREE AKUNNA & JESSICA NWINEE 148 Competition Issues in Mergers and Acquisitions in Nigeria and Competition and Consumer Protection Act 2019 ONYINYE O. C. CHUKWUOCHA 159 Youth Development and Empowerment in Nigeria: The Panacea for National Integration ANN CHINWE AKPUNONU 169 Procedure for the Enforcement of Fundamental Rights in Nigerian Courts: Challenges and Prospects ALEX CYRIL EKEKE 181 The Accusatorial and Inquisitorial Models of Criminal Procedure: A Historical and Comparative Approach EVODE KAYITANA 187 Page | iv AJLHR 3 (2) 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 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 (5thedn, London: Palgrave Macmillan, 2013) p.3. Page | vi AJLHR 3 (2) 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 LawReports 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 (2) 2019 FOREIGN INVESTMENT, HUMAN RIGHTS AND NATIONAL DEVELOPMENT: A JURISPRUDENTIAL APPROACH* Abstract Human rights are a product of a philosophical debate that has raged for over two thousand years. Respect for human rights is an important index of national and individual development. It seems that a measure of a country’s claim to be developed is based on how the human rights of its citizens are protected and enforced. This paper briefly examines the relevant thread passing through the observance of human rights ethos, foreign investment and national development. The discourse is premised on the idea that every process of development including economic must target the dignity of the human person as its terminus ad quem. Specifically, this study demonstrates how foreign investment can lead to national development within the milieu of protection of and respect for human rights.
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