This document discusses the application of Roscoe Pound's theory to four issues in Nigeria:
1) The conflict between federal and state governments over collection of VAT. Pound's theory suggests the court's decision should minimize friction between the levels of government.
2) The raid of Justice Mary Odili's house, which threatens the security of social institutions like the judiciary. Pound's theory indicates the law should prevent such occurrences.
3) The EndSARS protests against police brutality, which affects the social interest of youth security. The government also has interests in security and integrity. Pound's theory suggests implementing panel recommendations to balance interests.
4) The issue of IPOB is mentioned but not
This document discusses the application of Roscoe Pound's theory to four issues in Nigeria:
1) The conflict between federal and state governments over collection of VAT. Pound's theory suggests the court's decision should minimize friction between the levels of government.
2) The raid of Justice Mary Odili's house, which threatens the security of social institutions like the judiciary. Pound's theory indicates the law should prevent such occurrences.
3) The EndSARS protests against police brutality, which affects the social interest of youth security. The government also has interests in security and integrity. Pound's theory suggests implementing panel recommendations to balance interests.
4) The issue of IPOB is mentioned but not
This document discusses the application of Roscoe Pound's theory to four issues in Nigeria:
1) The conflict between federal and state governments over collection of VAT. Pound's theory suggests the court's decision should minimize friction between the levels of government.
2) The raid of Justice Mary Odili's house, which threatens the security of social institutions like the judiciary. Pound's theory indicates the law should prevent such occurrences.
3) The EndSARS protests against police brutality, which affects the social interest of youth security. The government also has interests in security and integrity. Pound's theory suggests implementing panel recommendations to balance interests.
4) The issue of IPOB is mentioned but not
This document discusses the application of Roscoe Pound's theory to four issues in Nigeria:
1) The conflict between federal and state governments over collection of VAT. Pound's theory suggests the court's decision should minimize friction between the levels of government.
2) The raid of Justice Mary Odili's house, which threatens the security of social institutions like the judiciary. Pound's theory indicates the law should prevent such occurrences.
3) The EndSARS protests against police brutality, which affects the social interest of youth security. The government also has interests in security and integrity. Pound's theory suggests implementing panel recommendations to balance interests.
4) The issue of IPOB is mentioned but not
There is a conflict of interest between federal government and state government as to who is to collect and administer VAT. While the federal government claims to be better empowered to collect and administer through the mechanism of its FIRS agency; the state government claims that such power is not within the purview of the state government as contemplated by the 1999 CFRN. Both claims by the different levels of government falls under the public interest head as propounded by Pound. This relates to the claims of a state as a political organization of society. Although the matter is currently in court, the application of the pound theory will suggest that the decision of the court is such that lays to rest the conflict with a minimum friction as possible.
2. Raid of Justice Mary Peter Odili House:
On Friday, October 29th 20210 – the nation woke up to the unsavoury news of the raid of Hon Justice Mary Odili’s House, a justice of the Supreme Court. It was reported that the raid was based on a warrant given by a magistrate. This act falls under Pound’s Social Interest as it relates to the security of social institutions. Under this heading, political institutions can claim to be secured from actions that threaten their existence and efficient functioning. An attack on a JSC can be then seen as an attack on the judiciary – which is a 3 rd arm of government. The application of Pound’s theory to this instance will suggest that the law should serve as an instrument to safeguard this social interest and prevent this kind of act from happening again.
3. END SARS PROTEST:
The End SARS protest of October 2020 sparked a nationwide acknowledgment of police brutality. With the youth demography often being the victims of police brutality, it affects their social interest as it relates to General Security as propounded by Pound. Under this head of interest, they can claim to be secured against actions and conducts which threaten their health, peace and security of transactions. The Government on the other hand can claim public interests as it relates to matters of state security and territorial integrity. Recently, the Tribunal released the report of Lekki Shootings and indicted the Lagos State government and Nigerian Military. The application of Pound’s theory to this instance will suggest that the recommendations stated in the Panel’s report be carried out to the last as only then will law be seen an instrument for balancing the conflicting interest of the state and the society.