MCL 800: CONSTITUTIONAL DEVELOPMENT IN AFRICA I [First Semester]
This course aims to expose students to various political activities towards constitutional Development in Nigeria and some African states. Specifically it will address the following:
- Pre-colonial rule in Africa: Pre-colonial rule in Nigeria and selected African States; the partition of Africa by European powers; the period immediately preceding direct colonial rule.
- Colonization of Africa: The pacification of pre-colonial empires/kingdoms/ communities in present day Nigeria and selected parts of Africa; the era of full- blown colonial rule.
- Colonial Rule and Constitutional Development in Africa: The era of consolidation of colonial administration; the indirect rule system of local administration in Nigeria and selected parts of Africa before World War II and during the war; the rise of nationalism in Nigeria and selected parts of Africa; the emergence of nationalist political associations.
- Decolonization and Constitutional Negotiations for African Independence: Anti-colonial struggle in Nigeria and selected parts of Africa; the constitutional conferences in Ibadan, London and Lagos before Nigerian independence.
- Role of Natural Rulers in Contemporary African Government. The role of traditional rulers in Nigeria and selected parts of Africa; traditional rulers and customary arbitration; traditional rulers and land tenure system; traditional rulers and security of lives, property and public order; traditional rulers and politics in Nigeria and selected parts of Africa.
Constitutional Development in Africa II [Second Semester]
This course aims to discuss intervening issues in the course of Constitutional development in African states. Particular attention will be given to military incursion and other insurgent activities as they affect political stability and responses of different states. Specifically, the course will address the following:
- Constitutional Development in Post- Colonial Africa: Constitutional development in Nigeria and selected parts of Africa after independence; democratic consolidation after independence; political instability after independence; consequences of political instability,
- Military/unconstitutional interventions and their impact on Constitutional Development in Africa: Origin of military intervention in Nigeria and selected parts of Africa; nature of military intervention; impact of military rule on constitutional development in Nigeria and selected African states.
- Revival of Constitutional Government in Africa: Second and third wave of democracy in Nigeria and selected African states; the role of citizens' movement in democratization; the role of the press and civil society in democratic revival; the role of the judiciary and the international community.
- Impact of Insurgency in African Constitutional Development: The problem of extremism in Nigeria and selected parts of Africa; the challenges of insurgency and separatism; the role of religion and ethnicity in insurgency and separatists struggles in Africa.
- Future of Constitutional Government in Africa: The role of political institutions in the constitutional future of Nigeria and selected countries in Africa; the impact of globalization; the developmental state as a guarantee for African constitutional stability.
Law and Development in Africa I [First Semester]
This course aims to expose students to the relevance of law towards influencing behavior of political agents towards national development. Specifically, the course will address the following:
- Nature of Law: Meaning of Law; Law as an instrument of regulation and its limitations; Law as an instrument of development.
- Concept of Development: Meaning of Development; nature and scope of development; instruments and strategies for development; development as a three-legged concept consisting of human development; socio-political development and economic development.
- The theory of the Developmental State: The Chinese model and its uses for Africa, the Ethiopian example.
- Theoretical relationship between Law and Development: Contributions of law and legal theory to development in Africa; comparative context of law and development in Africa; national, regional and international perspectives of law and development.
- Land, Property and Development: The land tenure system; security of land holding: secured property rights in Africa.
- Business/Entrepreneurship, Law and Development: Legal mechanisms to guarantee ease of doing business; certainty and legal enforcement of contracts.
Law and Development in Africa II [Second Semester]
This course aims to discuss the role of other variables in National development notably development partners, security, official corruption and government responses to tackling the challenges arising from the variables. Specifically, the course will address the following:
- Foreign Direct Investment and Development: Nature and scope of Foreign Direct Investment in the development of Africa; the relevance and impact of competition in the development of Africa.
- Constitutional Governance, Law and Development: Constitutional stability and the developmental agenda in Africa; democracy, democratization and development; control of extractive industries; and women economic empowerment.
- Rule of Law, Security and Development: Legal mechanisms to promote the rule of law; security of governance and development.
- Corruption, Economic Crimes and Development: Special/dedicated agencies for detection, investigation and prosecution of corruption and economic crimes; international efforts to stamp out corruption and economic crimes, and their impact in Africa.
- Judicial Process and Development: Nature of judicial process and its role in justice administration; development and quick dispensation of justice, alternative dispute resolution processes and their impact on development.
Human Rights Law I [First Semester]
This course aims to expose students to clarifications of concept of Human Rights and the practical challenges confronting concept in the process of constitutional development in Africa. Specifically, the course will address the following:
- Human Rights Ideology-Antecedents and Theoretical Bases.
- The notion of "Right" distinguished from "Privilege":
- Category of Rights.
- Generations of Rights.
- Limits and Derogations from Rights.
- Guarantees of Right in the Contemporary World:
- Universal Declaration of Rights.
- Human Rights Covenants and their Protocols.
- African Charter of Human and People's Rights.
- Other regional human rights instruments.
Human Rights Law II [Second Semester]
This course aims to expose students to operationalization of Human Rights in various African states. Focus is on the cross country experiences from the various countries. Specifically, the course will address the following:
- Municipal Guarantee of Human Rights.
- Historical Antecedents:
- Human Rights under the Nigerian Constitution.
- Specific Human Rights Guaranteed by the Constitution.
- Comparative Overview of Human Rights Guarantee in Africa.
- Critique of Human Rights Guarantee.
Comparative Constitutional Law I [First Semester]
This course aims to expose the students to constitutionalism with respect to structure, conduct and performance in different political regimes across the world namely the Presidential and Parliamentary. Specifically, the course will address the following:
- Comparative Constitutional Law: Meaning of Constitutional Law, nature and scope of Constitutional Law, nature of comparative law and uses in Constitutional Law.
- Constitutionalism: Meaning of Constitutionalism; nature and effect of constitutional limitation on governmental powers.
- Constitution Making: Theories of Constitution making; constitution making process, bargains, negotiations and compromise in constitution making: constitutional autochthony and constitutional allochthony.
- Forms of Government
- Presidential Government: Origins and nature of Presidentialism; criticisms against and merits of presidential government; adoption and practice of presidential government in Nigeria.
- Parliamentary/Cabinet Government: Origins and scope of Parliamentary/Cabinet government; criticisms against and the merits of the government; adoption and practice of the government in Nigeria.
- Constitutional Structure
- Federalism: Essential features of the federal system; nature and uses of comparative federalism; meaning of normative federalism; federalism in Nigeria and its future.
- Unitarism: Nature, meaning and features of the unitary system.
- The Confederal System; Nature, meaning and features of the confederal system.
- Comparative overview of the federal, unitary and the confederal systems of government.
- Separation of Powers, and Checks and Balances: origin, meaning and nature of separation of powers; separation of powers in Nigeria; idea of checks and balances; constitutional mechanisms to guarantee checks and balances in Nigeria.
Comparative Constitutional Law II [Second Semester]
This course aims to examine the interrelationships and interdependence of the three tiers of government with respect to separation of powers and fusion of powers. Focus will be on how the interrelationships and interdependence have influenced democracy and democratic development. Specifically, the course will address the following:
- Legislature, Power of Appropriation and Legislative Oversight: The general structure and powers of the legislative body, unicameral and bicameral legislature; the appropriation process; legislative power of oversight and investigation; power of legislature to issue warrant of arrest, legislative privilege; control of the legislature; limits of legislative powers.
- Executive and the Public Service: the power of the president and governor, executive bodies and their role in government.
- Judicature, Judicial Review and Interpretation: composition and procedure of appointment of judicial officers; power of adjudication and judicial interpretation.
- Emergency Powers: Grounds for exercise of emergencies powers, scope of emergency powers and declaration of emergency.
- Constitutional Mechanism to Accommodate Ethnic/Sectional Diversities
- Federal Character Provisions
- Constitutional Alteration Provisions
- Minority Protection
- Plurality of parliamentary representation
- Electoral System: Meaning of electoral system, types of electoral system, the first-past-the-post system, the plurality system etc., electoral districting: district magnitude and its relevance for democratic participation, redistricting and gerrymandering.
- Constitutional Mechanisms for Democratic Consolidation: The Rule of Law, public accountability, independence of the judiciary, constitutional protection of fundamental rights and minority rights, constitutional protection of opposition parties against majority party rule.
- Concept of Democratic Backsliding: Nature and meaning of Democratic Backsliding: features of democratic backsliding; mechanisms to avoid democratic backsliding.
Comparative Administrative Law I [First Semester]
This course aims to expose the students to relevance of Administrative Law. Focus will be on the various institutions that are charged with the responsibility of administering the law. Specifically, the course will address the following:
- Historical development of the Common Law and the Civil Law, Public Law and Political Institutions in Common Law and Civil Law Systems.
- Administration: Terminology and meaning scope and function of Administrative Law
- Structure of Government, Central government; rationale for centralization, function of central government; decentralization of government and its rationale; policy of government and policy implementation; allocation of powers; administration and decision-making procedures, the Civil Service
- Legislative powers of the administration: Delegated and Subsidiary legislations and their rationale; classification, content and control of administrative rules and regulations.
- Judicial powers of the administration: Administrative tribunals, public inquiries, domestic tribunals, administrative panels, the Conseil d'Flat.
Comparative Administrative II [Second Semester]
This course aims to expose the students to the concept of Public Administration. Focus is on various legal frameworks guiding public Administration. Specifically, the course will address the following:
- Control of Public Administration: Judicial review of administrative actions: Ultra Vires Doctrine, exclusion and restriction of judicial review.
- Other Control Mechanisms over Administrative Actions: Maladministration; ombudsman; select committees; parliamentary oversight; informal popular control; protests and public opinion
- Administrative Remedies: Certiorari and prohibition; mandamus, declaration and injunction; locus standi; common law actions in torts; remedies under the driat administrative
- Public Corporations and their role in the administrative process.
- State/Public liability in torts, contract and civil law, liability and protection of public offices.
- Right to Public Information: The Freedom of Information Act; public safety and public order and the free access to public information and public records
- Public Accountability and Public Procurement law: Public Procurement Act of Nigeria and the current global legal system of public procurement.
Advanced Legal Research Methodology [First Semester]
This course aims to sharpen the skill set of students in order to be able to conduct legal research. Focus is on distinctive features of legal research relative to other forms research. Specifically, the course will address the following:
- Introduction to Advanced Legal Research
- Formulating Research Questions
- The Research Design
- Types of Legal Research
- Normative Research
- Doctrinal Research
- Empirical/Quantitative Legal Research
- Comparative Legal Research (analytical/critical studies)
- Tools of Legal Research
Advanced Legal Research Methodology II [Second Semester]
This course aims to develop students' capacity to appreciate the interdependence of other disciplines in the humanities in legal research. Specifically, the course will address the following:
- Legal History
- Socio-legal Studies/Law and Society
- Law and Economics
- Legal Research in the Humanities
- Structure of Research Work and Citation models
Course Outline - Year Two
Advanced Constitutional Theory and Design I [First Semester]
This course aims to expose the students to various constitutional theories in order to develop their judicial reasoning capacity. Specifically, the course will address the following:
- Meaning and Nature of Constitutional Theory
- History of Constitutional Theory
- Schools of Constitutional Theory
- Constitution-making and Design
- Theories of Constitutional Safeguards
Advanced Constitutional Theory and Design II [Second Semester]
This course aims to expose to different postulates for enforcing, amending and interpreting constitutional issues. Specifically, the course will address the following:
- Theories of Constitutional Enforcements
- Theories of Constitutional Amendment (Alteration)
- Theories of Constitutional Interpretation
- Theories of Revolutionary Legality Autocracy and Political Stability
Advanced Labour (Individual Employment) Law I [First Semester]
This course aims to discuss legal frameworks relating to individual employment. Focus is on the rights and privileges of a worker and limits of such rights. Specifically, the course will address the following:
- Sources of Labour Law: Labour Law in perspective; the Black Law and its impact on the world of work; Legislation, Common Law; Judicial Precedent (the doctrine of ratio decidendi); Collective Bargaining; the Constitution and International Labour Organization (ILO).
- Contract of Employment: Contract of Employment and Contract of Service, and the basis distinction for the distinction; Formation of Employment Contract, and illegal employment contract.
- Labour Statutes and Employment Rights: Labour Law, Workmen's Compensation Act, Wages Board and Industrial Councils Act, National Social Insurance and Trust Fund Act, the Pensions Act, and all employment rights associated with statutory creation.
- The New "Employee" at National and International Law: The Dependent Contractor and the impact of Mutuality of Obligations.
- Discipline and Misconduct in the Workplace: Concept of Workplace Discipline and the need for maintenance of workplace discipline; different types of misconduct and punishment appropriate to misconduct, punishment appropriate to misconduct-major and minor punishment, termination of employment, dismissal and automatically unfair dismissals, discharge or probationers, and compulsory retirement.
- Fair Labour Practices and the Provision of Benefits: The effect of the Constitution on payment and of employment benefits; denial of minimum wages as forced labour; the right to living wage, equal pay for equal work; the ILO Convention and fixation, and revision of wages, wages board and fixation of wages, wages fixation under Minimum Wages Act; protection of wages.
- Privacy issues in Employment: The import of privacy in employment and its importance to employers; the usage and abusage of employers' technologies by and the anxieties of employers; the doctrine of hostile "work environment" and negligent retention.
Advanced Labour (Collective) Law II [Second Semester]
This course aims to expose students to management of labour and employer disputes. Specifically, the course will address the following:
- International Labour Law (ILO) Conventions: Appraisal of specific provisions on industrial relations, recommendations, and Labour Institutions
- Globalization and its impact on Labour Law: The global economic order, global labour management and its challenges in the world of work: retrenchments, casualisation, outsourcing etc.
- Strikes and Lockouts, and the implication of Dismissal of Strikers: The right to strike, legality and justifiability of strikes and lockouts; disciplinary action for participating in strike; salary compensation for the period of strike and the law on "no work on pay"
- Collective Bargaining and Organizational Rights: Concept of Collective Bargaining (bargaining process and types of bargaining, plant level, industrial level and national level); factors affecting collective bargaining(multi-unionism and bargaining councils, sole bargaining agents, conditions for successful functioning); status of collective bargaining-binding nature and conciliation settlement.
- Curative Dispute Resolutions, Labour Courts and International Best Practices: Government policy on industrial relations - voluntarism and third party intervention, the Trade Dispute Act.
- Labour Courts and International Best Practice: Industrial adjudication - objectives of industrial adjudication, the arbitration process, jurisdiction, powers and functions of adjudicatory authorities, the National Industrial Court Act and the Third Alteration Act to the 1999 Constitution of Nigeria, and comparative approach in India, South Africa, UK etc
- Social Security and Pension Law in the Workplace: Meaning of Social Security, labour welfare and social assistance; constitutional perspectives-fundamental rights and the realization of rights through meaningful social security measures, right to life in a wider dimension, right to adequate means of livelihood, and to public assistance in cases of unemployment, old age, sickness, disability and maternity relief.
- Integrated Labour Inspection and Preventive Disputes Resolution: Origin of Labour Inspection; nature and quality of labour inspection and the need for integrated labour inspection; the municipal and international instrument for labour inspection.
- Occupational Health and Safety: The concept of labour welfare; health, safety and welfare of workers in workplaces and the statutory instruments.
Electoral Law I
History of Electoral Laws in Nigeria - 1922 till date- Pre-Independence Period (1922-1960) Post- Independence Period (1960-2010); Institutional Framework for Elections in Nigeria (Independent National Electoral Commission (INEC) and State Independent Electoral Commissions (SIECs); limitation of powers of INEC; Political Parties-definition of political
parties, evolution of political parties in Nigeria (including a brief evolution of political parties in the United States of America); legal status of political parties in Nigeria (with case law); formation and registration of political parties in Nigeria under the 1999 Constitution and Electoral Act 2010; political parties and the doctrine of election Agency in Nigeria; Pre-Election Matters-powers and duties of INEC, SIECS, voters registration, time table for elections and publication of electoral guidelines, procedures for election under the Electoral Act, nomination of candidates, screening and clearance of candidates, qualification and disqualification of candidates, including grounds for qualification and disqualification of candidates, under the 1999 Constitution and electoral laws in Nigeria, procedure for disqualification, primaries, publication of list of candidates nominated, late approval of candidates, defect in nomination form, candidates for election, etc. (including case law).
Electoral Law II
Conduct of elections under the Electoral Act-voters registration; voting/accreditation procedure; conduct polls, collation, recording on relevant INEC forms and declaration of results; delegation of Powers of Officers of INEC during elections; cancellation of elections, conduct of fresh elections and its implications; Election Petitions- nature of petitions, jurisdiction over petitions and locus standi; onus of proof of petition; presentation and filing of election petitions; computation of time for the purpose of time limitation; extension of time; time for hearing and determining election petitions; parties to an election petition i.e. Petitioner, Respondent(s), Joinder of Electoral Officers, effect of non-joinder of a necessary party and joinder of electoral commission/body; contents of a petition; objections to election petitions; pleadings in election petitions; interlocutory applications in election petitions and appeals in election Petitions; trial-introduction, time for hearing and determination, right of petitioner to be heard; standard and burden of proof; documentary evidence and its admissibility and examination of witnesses; addresses, judgement; Electoral malpractices and effect of non-compliance with electoral laws in Nigeria.
Advanced Tax Law I [First Semester]
This course aims to sharpen students' knowledge on legal issues on taxation. Focus is on the rights and privileges of the tax payers and different authorities imposing the levies. Specifically, the course will address the following:
- General nature and administration of Income Tax and capital gains tax in Nigeria; the residency rules relating to individuals and trustees for tax purposes
- Jurisdictional Issues in Taxation of Incomes; constitutional jurisdiction of federal and state governments over taxation of income in Nigeria.
- Definition, ascertainment and Computation of income for tax purpose in relation to income from profession and vocation; employment income and deduction and allowances (excluding capital allowances and loss relief).
- Rules of Income Tax to Individuals, incomes from Trusts, states and residence
- Uniform Taxation and agencies for administration of uniformity-Joint Tax Board
- Definition, Ascertainment and computation of chargeable gains and losses for capital gains tax and the rules for applying capital to individuals.
- Taxation of income from Offices and Employment: What constitutes employment; income valuation and taxation of benefits in kinds; deductible expenditure; share option and incentives scheme; golden handshakes and exemption to charges; pensions/pensioners and personal income taxation schemes, pension/pensioners and personal taxation provisions.
- Income from Government Securities: Annuities, interests, dividends and foreign incomes; remittance relief for interest; overdrafts; other interests; nature of annual payments and taxation.
- Taxation of Estates, Trusts and administrative tax: Limited interests in residue; absolute interest in residue; taxation of trustees and personal representatives; capital transfer tax; liability of capital transfer tax; relief; administrative tax.
Advanced Tax Law II [Second Semester]
This course aims to develop the skills of students on laws on tax management. Focus is on understanding provisions of existing laws on different tax regimes. Specifically, the course will address the following:
- General nature of Business Taxation
- Company Taxation: Nature and sources of company tax law, administration of company tax; construction of tax statutes, the Company Income Tax Act and subsequent amendments, Federation and Taxation of companies; Residence of corporate bodies, Domicile of corporations.
- The Charge to Income Tax: Definition of income, foreign income; profits chargeable; meaning of trade, meaning of business charges; rent, premium, dividends, interest, discounts; charges and annuities; other annual profits; artificial transactions; income from investment of pensions, basis of taxation e.g. the territorial source of profits; individual shareholder, the recipient company
- Computation of profits: Receipts; capital or revenue receipts; non-madding disposition of trade stock; sum payable; stock in trade and work progress; trading expenses allowed; wholly and exclusively incurred; deductions not allowed; bad debts; capital expenses; ascertainment of assessable profit; the basis period; accounting year and accounting date; new trades and business; cessation of trade and business.
- Capital Allowances: Qualifying expenditure, machinery and plant; first year allowance; annual allowances; balancing allowance; balancing charges; special cases, leases; hire purchase.
- Losses of Trade/Business: Pioneer companies, restituted companies.
- Relief from Income Tax: Introduction; reliefs for civil war damage; pioneer companies' relief; Commonwealth income tax relief; Double taxation.
- Oil Company/Mineral Taxation: Petroleum profits tax; ascertainment of chargeable profit; capital allowances; Persons chargeable; administration of petroleum profits tax.
- Capital Gains Tax: History, meaning of capital gains tax; chargeable assets; disposal of asserts; exemptions from capital gains tax, relief against gain tax; computation of capital gains.
- Taxation of Groups and Consortia: Close Companies; definition, consequences of lose company status; extended meaning of distribution; loans to participators.
Comparative Legal Systems and Legal Pluralism I [First Semester]
This course aims to introduce students to different legal systems and their sources. Specifically, the course will address the following:
- Meaning, Nature and Scope of Legal System
- Meaning, Nature and Scope of Comparative Law
- Uses of Comparative Law
- The Limits of Comparative Law
Types of Legal Traditions
Comparative Legal Systems and Legal Pluralism II [Second Semester]
This course aims to develop the understanding of students on legal traditions and challenges facing legal pluralism. Specifically, the course will address the following:
- Nature of Legal Pluralism
- Types of Legal Traditions
- Common Law
- Civil Law
- Customary Law
- Islamic Law
- International Law
- Challenges and future of Legal Pluralism
Dissertation/Research Project [Second Semester]