Dr. Musa Alkali Lawan

Journal by Dr. Musa Alkali Lawan

5 Articles found
An Appraisal of the Innovations and Impediments Of The Enforcement of Fundamental Rights in Nigeria

Author(s): Dr. Musa Alkali Lawan , Baba Isa Sanda Benisheikh , Yahaya Alhaji Dunoma , Umar Abatcha

In 2018 Journal VoL.3

By UNIMAID JICOL

This paper seeks to appraise the innovations and impediments to the enforcement offundamental human rights in Nigeria. Fundamental human rights enforcement in Nigeria andindeed in the African continent has more impediments than innovations despite the coming intoforce of the 2009 Rules, which seems to be more liberal than the 1979 Rules. The innovationsbrought in by the 2009 Rules are novel and has curtailed most of the impediments to litigants,lawyers, human rights activists and even persons who know nothing about their rights, soughtto enforce their rights through the 2009 Rules. However, the 2009 Rules, come as a sign ofrelief for the effective and smooth enforcement of fundamental rights in Nigerianotwithstanding the impediments inherent

The Concept of Right to Life Under the 1999 Constitution of The Federal Republic of Nigeria: A Case Study of Borno State Under The State of Emergency Rule

Author(s): Dr. Musa Alkali Lawan , Yahaya Alhaji Dunoma , Bukar Alhaji Maina

In 2017 Journal VoL.2

By UNIMAID JICOL

The concept right to life is a sacred right which every human being by virtue of his creation isentitled to and by all standard it is sacrosanct and cannot whimsically be violated except withdue recourse to the law. The Universal Charters and Conventions have not provided for itsviolation during war and peace. Despite being sacred, domestic laws have opened a floodgatefor its violation under certain situations when martial laws are imposed to avert breakdown oflaw and order. The Constitution of the Federal Republic of Nigeria at Section 33(2) hasprovided for such instances where this golden right has to be infringed for peace, order andstability of the Nation. The case of Borno State under State of Emergency has provided amyriad of questions which the available answers are not satisfactory enough to justify thewanton killings and maiming carried out under the guise of Emergency powers. This paper willlook at the powers imposed and the constitutional backings relied upon by all the stakeholdersinvolved in the process

FEDERAL CHARACTER PRINCIPLE IN THE NIGERIAN FEDERAL SYSTEM OF GOVERNMENT

Author(s): Dr. Musa Alkali Lawan , Abdullahi Usman , Professor Kamal Alhaji Dawud

In 2023 Journal VoL. 8

By UNIMAID JICOL

The aim of federal character as a principle is to ensure thatall public service institutions, ethnic, and geographicdiversity of the country. To this, Section 14 (3) and (4) ofthe 1999 Constitution (as amended) is to the effect that: thegovernment or any of its agencies and the conduct of itsaffairs shall be carried out in such a manner as to reflect thefederal character of Nigeria and the need to promotenational unity and also to command national loyalty,thereby ensuring that there shall be no predominance ofpersons from a few states or from a few ethnic or othersectional groups in that government. However, thechallenges of imbalance in our national life between statesand ethnic groups in relation to the educational sector,appointments and recruitments based on quota system andthe non-justiciability of Chapter II of the 1999 Constitutionas amended have a serious challenge to the properimplementation of the federal character principle in thecountry. Due to the nature of the research, doctrinal methodwas adopted in the conduct of this research, whereinprimary and secondary sources were consulted. Theprimary sources include: legislation, cases etc. while thesecondary sources include: books, journals as well asinternet materials. The paper observes that: nonjusticiability of Chapter II of the 1999 Constitution (asamended) and lack of fairness in making appointments,promotions and recruitments has seriously undermined thesmooth and effective implementation of federal characterprinciples in the country. The paper recommends that,chapter II of the 1999 Constitution be made to be justiciableand the governments both at the Federal, State and LocalGovernments level be fair in their appointments,promotions and recruitments.