Public Law-Scholarly Publications

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Browsing Public Law-Scholarly Publications by Author "Ogunniran, I."

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    Open Access
    A Centurial Legal History of Child Justice Reforms in Nigeria 1914-2014
    (2015) Ogunniran, I.
    The paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children; Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by police, the juvenile courts structure and procedure were not protective. Offenders were sent to institutions but extensive researches carried out across the country showed that the facilities for rehabilitation were non-existent at such institutions. This paper argues that the period, 2003-2014, have recorded positive improvement. The Child Rights Act (2003) introduces key reforms such as codified legal rights for children, diversion, Centralised Children Police Unit, Family Courts and two novel non-custodial disposition methods. The author recommends the implementation of the Committee on the Rights of the Child Observations to fully protect child offenders in Nigeria.
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    Open Access
    The Child Rights Act Versus Sharia Law in Nigeria: issues, Challenges and A Way Forward
    (Children Legal Rights Journal, 2010) Ogunniran, I.
    After dilly-dally for over ten years, Nigeria finally enacted the Child Rights Act (CRA) in 2003. Being a federal state, it is imperative for the various states to adopt and enact the CRA. However, sequel to the adoption of CRA by some states, the Supreme Council of Sharia asserted that “CRA will abolish the very basis and essence of the sharia and Islamic culture” and therefore called for its absolute rejection. In reality, there are fundamental differences in the philosophical underpinning and several provisions of the CRA and Sharia. For example, provisions of CRA in respect of adoption, marriage, custody, family court etc are fundamentally different from Islamic personal law. Moreover, the child oriented justice approach of CRA in respect of children in conflict with the law is contrary to the Sharia criminal law in which both adults and children can be subjected to stiff punishment and penalties including death penalty. Consequently, up till now, the CRA has been formally adopted by just one state out of the twelve Sharia implementing states. Meanwhile, opposition by the others is mounting by the day. This paper attempts a reconciliation of both legal regimes in order to ensure that even these Sharia states which constitute about one-third of the states in the country benefit from the lofty objectives of CRA. .
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    Open Access
    Elusive Justice? An Assessment of Child Justice in the Tripartite Court System in Nigeria
    (AUDJ, 2014) Ogunniran, I.
    There are three courts with different theoretical underpinning administering child justice in Nigeria. The Juvenile Court is premised on the rehabilitative ideal but researches have shown that the apparatus to fulfill this ideal is non-existent. The Sharia Court composition is radically different and the procedure used in such courts follow strict Islamic legal precepts. Invariably, child offenders are not given adequate protection guaranteeing justice. This article assesses child justice in these courts to determine the extent of protection of child offenders. They are young, immature and very vulnerable. Over the years, various studies have demonstrated the need for change in the above courts. Based on law, the article examines the provisions creating the new Family Courts. These provisions accord with international juvenile justice standards established to grant justice to such offenders. The Family Court, just as it is being used for several purposes in other jurisdictions, is a recent development in Nigeria. This article assesses the structure and procedure of this new court and proposes it as being best suited for child offenders
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    Open Access
    The Freedom of Information Act 2011: an unwieldy piece of legislation for the Nigerian courts?
    (Routledge, 2016) Ogunniran, I.
    Nigeria joined the trend present in other democratic nations by enacting the Freedom of Information Act (FOIA) in 2011. Now just five years old, the law intends to promote openness and transparency by making public records and information freely available to the people as part of a good governance regime. As the law provides for judicial review, torrents of applications are now before the courts. The paper analyses the FOIA against the backdrop of these decisions. In addition, this article argues that some sections of the law are clumsy and may prevent its effective use. The paper proposes law reforms to clear the ambiguity in the court cases and an amendment of the unwieldy sections. It recommends change in the internal culture of government to openness, acceptance by public institutions and willingness on the part of the judges to implement it as critical factors for FIOA success.