ABU Law Clinic Newsletter First Edition

ABU Law Clinic Newsletter | First Edition - Volume 1
Ahmadu Bello University

Law Clinic
I t is with great enthusiasm and a profound sense of responsibility that I present to you the
inaugural issue of the ABU Law Clinic Newsletter. As a student Editor-in-Chief, I am honoured to
have the opportunity to bring you this publication, which aims to shed light on the invaluable
work being done by our esteemed Law Clinic.
The establishment of the Law Clinic represents a significant milestone in our university's
commitment to upholding the principles of justice and ensuring access to legal representation for
those who might otherwise be unable to afford it. Through this newsletter, we aim to celebrate the
clinic's achievements, highlight the dedication of our student interns and faculty supervisors,
and foster a deeper understanding of the impact our work has on the lives of individuals
and communities we serve.
Within these pages, you will find inspiring stories of resilience, determination, and
the pursuit of justice. You will learn about the diverse range of cases our clinic has
undertaken. These cases not only showcase the breadth of our legal expertise but
also demonstrate our unwavering commitment to protecting the rights and
interests of our clients.
One of the core objectives of our Law Clinic is to provide practical legal training
and experiential learning opportunities for students like myself. Through our
involvement in the clinic, we have had the privilege of working alongside
esteemed faculty members, gaining invaluable insights into the legal profession
and developing essential skills in research, advocacy, and client representation.
Beyond our casework, this newsletter will also highlight our community outreach
initiatives and legal awareness campaigns. We believe that education and
empowerment are key to fostering a more equitable society, and our efforts to raise
legal literacy among marginalized communities are an integral part of our mission.
I invite you to join us in celebrating our achievements, learning from our experiences, and
embracing the challenges that lie ahead. Together, we can continue to make a
meaningful difference in the lives of those we serve and uphold the principles of
justice and equality for all.
Frankline Chisom EBERE, MCIArb.

Editor-in-Chief, ABU Law Clinic
ABU Law Clinic Newsletter | First Edition - Volume 1 2

POLICY 15
EDITORIAL NOTE The Legal Framework for the

Protection of Children against the
Almajiri Practice in Northern Nigeria
2 OPENING MESSAGE Dr. Salim Bashir Magashi
Frankline Chisom EBERE, MCIArb.,
Editor-in-Chief
ABOUT ABU LAW CLINIC

CRIMINAL JURISPRUDENCE
22 HARMONISATION OF CODES
4 WHO WE ARE
Dr. Dalhat A. Idris examines the
5 OUR SPAN OF SERVICES arguments and challenges around
STREET LAWYERING harmonizing Nigeria's Penal and
6 THE EXECUTIVES Criminal Codes into a unified criminal
law system.
9 A NARRATION
8 OUR IMPACT
29 PLEA BARGAIN
Ahmad Abubakar Dubagari of the
Class of 2022, Faculty of Law, ABU, Rabiu Aliyu examines the practice of
Zaria narrates a father’s journey in plea bargaining in Nigeria, weighing
obtaining legal aid at ABU Law Clinic. RIGHTS’ ENFORCEMENT its potential efficiency benefits
against concerns over fairness and
justice.
13 THE RIGHT TO DEVELOPMENT
Frankline Chisom EBERE analyses the

enforceability and justiciability of the
right to development under Nigerian FAMILY LAW
law.
24 STATUTORY MARRIAGE
Obadiah Rosemary Mamman

CRIMINAL LAW provides a comprehensive overview
of the legal framework, procedures,
and implications surrounding
19 MUTUAL LEGAL ASSISTANCE statutory marriage in Nigeria as
governed by the Marriage Act.
Dr. Bashir Mohammed Chalawa and
Dr. Salim Bashir Magashi provide a
detailed overview of the role and
responsibilities of the Attorney
CHAMPIONING JUSTICE, EMPOWERING COMMUNITIES
General of the Federation (AGF) in
COPYRIGHT
Ahmadu Bello University Law Clinic Nigeria regarding mutual legal
Second Floor, Faculty of Law Building, Ahmadu Bello
University, Zaria. assistance agreements.
26 FAIR DEALING CONUNDRUM
Editor-in-Chief
Frankline Chisom EBERE, MCIArb.
Prince Fater Audu examines the
Publisher
Ahmadu Bello University Law Clinic concept of fair dealing in Nigerian
© 2024 Ahmadu Bello University Law Clinic copyright law and how it is applied to
balance the rights of copyright
AHMADU BELLO UNIVERSITY
holders with the public's need to
access and use creative works.

Law Clinic
We are dedicated to providing free legal aid and assistance to underserved and marginalized
communities.
Our mission is to promote access to justice, protect fundamental rights, and empower individuals through
legal education and representation.
To offer pro bono legal services to those who Legal Representation in family law, property
cannot afford legal representation, ensuring disputes, employment issues, human rights
equal access to justice regardless of violations, and civil liberties cases.
socioeconomic status.
Free legal consultations and advice.
To provide practical legal training and
experiential learning opportunities for law Alternative dispute resolution through
students, equipping them with essential skills mediation and negotiation.
and preparing them for professional
practice. Community legal education campaigns,
workshops, and seminars.
To raise awareness about legal rights,
responsibilities, and procedures through Legal research and publications on emerging
community outreach programs and legal issues.
literacy initiatives.
Collaboration with NGOs, organizations, and
To collaborate with local organizations, agencies for advocacy and policy reforms.
government agencies, and stakeholders to
address systemic legal issues and advocate
for policy reforms.

Law Clinic
OUR SPAN OF SERVICES INCLUDE

WE PROVIDE
FREE LEGAL AID AND FAMILY LAW AND DOMESTIC VIOLENCE CASES
• Divorce proceedings, child custody disputes,
ACCESS TO JUSTICE and domestic violence cases.
FOR THE UNDERSERVED MEMBERS • Protection orders, child support
arrangements, and fair property settlements.
OF OUR COMMUNITY.
PROPERTY AND LAND DISPUTES
• Land disputes, property rights, and tenant-
We take immense pride in the achievements landlord conflicts.
and impact our dedicated team has
accomplished within a short span of time. EMPLOYMENT AND LABOR RIGHTS
• Unfair dismissal, wage disputes, and
Over the past few years, our clinic has handled a workplace discrimination.
diverse range of cases, spanning from family • Compensation and reinstatement for
law matters to property disputes, employment wrongfully terminated employees.
issues, and human rights violations. Through
HUMAN RIGHTS AND CIVIL LIBERTIES
our unwavering commitment and diligent
• Violations of fundamental rights, freedom of
efforts, we have successfully resolved numerous expression, and access to basic services.
cases, ensuring fair and equitable outcomes for
our clients. COMMUNITY LEGAL EDUCATION
• Legal awareness programs in rural areas.
• Guidance on common legal issues, such as
land disputes, consumer rights, and small
business regulations.
• Distribution of educational materials and legal
resources in local languages.
We are just a call away.

Reach us today on +234 703 391 7897 or via email at abulawclinic@gmail.com
@ABULawClinic

Shamsuddeen Ahmad Yola Ndenati Eunice Jauro
Clinic Head Deputy Clinic Head
Faisal Mas’ud Alkasim Abubakar Zubair Musa Okikiola Maryam Ibrahim

Facilitator Director of Litigation Director of Programmes Librarian

Bilal Umar Zambuk Mustapha Hawwau Usman Bashir Sukola Ali Hassan Hassan
Deputy Facilitator Welfare Officer Director of Projects Dep. Director of Litigation
Abubakar Muhammad Yusuf Amina Ibrahim Hamzat Muhammed Hasheer Frankline Chisom EBERE
Dep. Director of Programmes Financial Secretary Deputy Director of Projects I Editor-in-Chief
Bilkisu Ibrahim Muhammad Ahmad Isa Ali Gaddafi Bappa Aliyu Musa
Deputy Librarian Director of Media & Publicity Dir., Research & Publication Deputy Director of Projects II
Munirat Aderewa Ahmed Abdullahi Khadijah Abubakar Sadiq Umar

Treasurer Dep. Dir., Research & Publication Dep. Dir., Media & Publicity

• 10• Languages Covered
• 30• Legal Awareness Programs
• •
8000 Community Members Reached
• 800• Educational Materials Distributed
* All data are based on estimates and approximations

Ahmad Abubakar Dubagari of the Class of 2022,
Faculty of Law, ABU, Zaria narrates a father’s journey
in obtaining legal aid at ABU Law Clinic.
I t has been a decade since I last laid eyes on my only son's

yellow face. I have a dark complexion, while Buba resembles
his beautiful mother, who happens to be a full-blooded
Fulani from the Land of Beauty, far in the Northeastern state.
While some people don't believe in it, ours was love at first
observance of this brings about some sickness in the mother.
Women even have some titles for it.
Wankan Biki Maganin Sumbwita (The birth bath, a cure for
Sumbwita)
sight. My heart fell heavily for her during our first encounter. Yarinya Daure ki yi shi ki huta (O girl do it to remain okay)
This happened when I was working at a railway station in the
In kin kuskure shi sai buzunki. (If you skip it, you will regret
Land of Beauty.
that)
I confronted her and told her the secret of my heart, the story
I didn't notice when rolling tears wetted my kaftan. I closed my
of her new court there in the deepest chamber of my heart. She
eyes, hoping that would send cool waves to my burning heart. I
only covered her beautifully glowing and blushing face. The
resumed my thoughts: now, of all people, my son was missing,
sight of her dimple instilled hope and courage in me. A tryst and
and in all those years, nothing was heard about even his pair of
a toshi were our regular night rituals. As the Hausa people have
shoes until a middle-aged man looking tall, slim, and fair-
it in an adage, one's wife is his grave. That is to say, no matter
complexioned came.
what, a man would eventually get the woman destined to be
his wife. "Salaam Alaikum," he brought me out of the ocean of thoughts
I was diving in.
After some months of silence from her parents, her father
finally endorsed our marriage despite her mother's efforts to "Wa Alaikum Salaam," I answered, stooping my sight toward
rock the boat of our love. This happened three decades ago. the strange face and trying to veil my worries with a smile.
One year after the blessed union, the cry of a bouncing baby
"Lale, lale shar," I welcomed him.
filled the living room, and thereafter, the "Unguwar Zoma"
yodelled thrice, signifying that the newborn was a male. Had it "Modibbo bismillah, jida," I said, offering him a seat.
been a female, the local birth attendant would have yodelled
We spoke in Fulani; the one-eleven lying on his yellow face was
four times. A sound of a "lugude" rolled around the suburb,
evident that he was Fulani. After some seconds, I excused
announcing the arrival of a new baby to those whom yodelling
myself and walked through the soro passageway and came
couldn't reach. The people across the village made a great fuss
back with water. He drank. After he quenched his thirst, he
over the new baby.
noticed my strange looks that perhaps screwed his muscles. He
The immediate cultural and religious ceremonies and sacrifices grinned and began his story.
followed are tattooed in my mind. There was a sacrifice in
"My name is Ja'e; some people call me Ja'e Dan Fulani. I am
praise of God for the blessing on the seventh day. Singers and
from Shehu's city. I am asking for Mallam Kwairanga's house,
dancers conducted their professions until the sunset. The
who has a child called Abba..." My heart raced, and I tried to
newborn was named after his maternal grandfather, Abubakar.
hold my breath and stammered:
But out of respect for the original name bearer, we called our
child Abba. While looking after the baby, the mother observed "Hhhh...ere...is the place...I am the man."
her forty-day boiled water and darbejiya's leaves bath as the
While I was about to ask whether he saw Abba, he interrupted:
culture required. This bath is held so dearly among Hausas. Non

"Yes, the people have told me, father." out. Even the underprivileged have access to justice."
"Ah! He called me father?" I said to myself out of shock. "Is he "Which way...by Allah, what is it? Tell me, my son," I said out of
Abba's friend?" I thought. impatience.
It is worth remembering that referring to an elderly man as a "What offence did this boy commit?" I thought while
father is only a show of respect. I dismissed my thought. remembering that the tall and slim Abba was quiet and
humble, one who wouldn't bite a finger thrust into his mouth.
"I am carrying a message from my friend and your son, Abba,"
he continued. The shock of hearing about my son suddenly sent "He was arrested for an alleged theft."
me jumping onto my feet, and my head hit the big neem tree
"Theft!" I repeated, shocked. My heart ceased a beat.
whose shade covered the four winds in front of my house.
"But it was not true," he continued. "He put the basket of
"A...bbb...a...You know him?...you hear about...him?...where is
onions he went to sell into the boot of the buyer's car, only to
he, my son? Is he alive?" I kept bombarding him with questions.
be cried out by one man. Before you knew it, the whole people
"Please, calm down, father; he is alive. He himself has sent me started beating and cursing. He only later found himself
here. Please, it will be better if you sit down to enable us to helpless in police custody. They took him to court and prayed
discuss the matter." the court to adjourn the matter for the law enforcement
agencies to conclude their investigation. Their prayers were
"My child, you won't understand. For years, we have been
granted, and the accused was remanded in prison, and that
searching for him but all to no avail," I said, sitting on the mat in
was it."
a low voice of one who had lost all hope, as some torrent of
tears found their way out of my eyes. A hot wave of pity and anger went through every pore of my
skin.
"Sorry, Father...it is a long story. But he is fine. And he asked me
to convey his regards to you and the family"...he paused and "Innaa lillaahi wa innaa ilayhi raaji'uun!" I heard myself
sighed while I pierced his body with arrows of my worry. exclaiming. I closed my eyes and sighed heavily, hoping that it
was only a dream, which would cease immediately after I
"But he is now in Dan Sukwana Prison," he continued. "We
opened my eyes.
were there together. I was released on bail last week, and he
asked me to come and talk to you. He has been there all this Mallejo tried hard to stop her tears from flowing down. She
while." kept lamenting, referring to him as "Dan nan" as the culture
requires that a mother not mention her firstborn's name. A
"Pir...What!" The dazzling sun took off its light from sight. My
story was told of a woman who carried her first daughter on
ears could no longer hear anything. My spine could no longer
her back, and she was asked what she was carrying on her
support my back. My elbows got glued to the ground. I felt
back:
myself alone in a horrible world. "What should I do? What
could a poor man locked in penury and pauperism do to bring "Goggo Bacci, dume wa'wuda?"
his only child out of this?"
Too shy to mention the child's name, she loosened her grip,
"Father...do not worry...there is a way that we could bring him and the child fell to the ground.

"Maigida," Mallejo addressed me. "I think we should sell this doing pro bono or free legal services to the poor people who
goat to have enough money for your transport to Dan Sukwana. cannot engage the service of a legal practitioner," he explained.
May our Lord help us."
From the Bawo suburb, Dan Sukwana is not that far. We landed
Mudi, Abba's friend, was the one I sent to sell the goat the safely. As I set off for Ahmadu Bello University Law School
following day at the Bodejo village market. perched on a commercial yellow-painted Keke Napep, a chill
ran through my spine, and my heart ceased a bit! "What if they
*******
speak the Western language to me?" My travelling across the
I was prepared to leave the house before dawn prayers, but the Songhai equipped me with reading and writing skills in two
fear of meeting a Gwaigwai under the Tamarind tree on the languages I learned from the people I interacted with, but I
path made me change my mind. can't speak English yet. I am a fluent Hausa reader and writer. I
have read many books written by Abubakar Imam, Tafawa
"How does a poor man get a lawyer?" I wondered while waiting
Balewa, Malam Na Gwamatse, and even the works of later
for the sun to break. Although "Justice for the poor" is the
generations like Hafsat Abdul Wahid, Umaru Danjuma, and the
slogan of those people, no poor man has any value in the entire
poems of many poets like Hajiya Yar Shehu and Hauwa
universe. If not because of some encouragement I received
Gwaram, the authors of "Alkalami a hannun mata." But English,
from the visitor, I would have only remained on my buzu
"No...no...no...no..." I kept calm.
supplicating. The story of himself also encouraged me.
Upon entering the building, I asked the 'yan doka' (security
Ja'e was rearing cows when armed robbers crossed his way.
guards) at the entrance, and they guided me to a large hall with
They were chased by some policemen. Ja'e, being frightened,
offices annexed to it. The place was really organized. A young
left his animals and ran away. He was arrested and taken into
man, whom I was happy to see helping visitors, walked over
police custody, then to a court, and finally to the main prison at
and welcomed me. We sat, and a young, beautiful lady joined
Dan Sukwana, where he was confined and remained for five
us, holding a paper and a copy of "Ahlam Ash-Shabab: Dreams
years without being tried.
of the Youths," the Arabic novel written by Hamdi Kauli, an
"During some periodic visits to prisons, a group of people from Arabian novelist. My uneasiness didn't prevent me from
Ahmadu Bello University Law Clinic met and interviewed me, smiling, and I thought, "Young people and love." Of course, the
and then opened my case in the court, and finally, I was book is about love. My son had once brought it home during
released on bail," said the young man with a cracked voice. his secondary school days. I read it. I learned Arabic during my
stay in the city of Shehu. I read Arabic poems taught in Zaure
The word "clinic" caught my attention and made me wonder.
schools up to "Dan Duraidu: The Trouser of Language."
"Law Clinic?!" Ah! Although I do not have a Western education,
I have travelled and visited many places across the Songhai. At "I wanted my son to be educated. I sent him to our suburban
least I know the word "Clinic" refers to a medical facility. primary school. He later proceeded to a secondary school in
the faraway city of Buba Yero, in the northeast. When he got
"Law Clinic...does it mean a hospital for law people?" I didn't
admission into a university, I didn't have enough money to get
know that I was thinking aloud.
him registered. I, therefore, asked him to take four baskets of
"A lawyer who handled my case said it is not a hospital. It is an onions to the market." I broke into tears. I couldn't continue
institution in law schools. It has many functions, among which is

Ahmad Abubakar Dubagari
Principal Partner
Attorneys Chambers
ahmedbuba19@gmail.com
until after what seemed to be an hour. I unfolded the events. I
answered some questions asked by the interviewers, who then
promised to help. Ahmad Abubakar Dubagari is a writer, researcher,
"You should go back home, baba. We have your phone number. and final-year law student at Ahmadu Bello
We will phone you. Your son will be freed, God willing," said University, known for his excellent writing skills and
Intisar softly, and S.A. Yola, the male interviewer, nodded contributions to various publications, including a
assuredly.
book of poetry. He is actively involved in leadership
Back in the suburb of Dan Bawo, she was deep in a pool of roles, community development initiatives, and has
thoughts. The mountain of worries lying across her face was
received numerous awards for his outstanding
evident that she was waiting for my arrival. She didn't notice
me until I touched her. achievements in various areas.
"Ah, Maigida, you have returned?" she said, springing from her
one-seater sofa while I rested my rib on the springboard of her
high, huge bed of old times.
"How will you know while you are holding a regatta in the pool
of your thoughts? You need to calm down and put your trust in
Allah," I said, sighing. She opened her mouth to ask about her
son but stopped and brought me water to drink. Before I began
narrating the events, Abba's younger sisters had joined us. They
came from their matrimonial homes.
"We should go and continue prayers," I ended my story,
excusing the mother and her five daughters.
While I was under a tree on the evening of a Monday, it was
like a dream when he greeted me with "Salaam." I closed and
then opened my eyes to be sure it was not a dream. But he was
really the one. My hands and legs trembled as I was jerking up.
We both sat down and then broke into tears. No one could
console the other. People began to trample like vultures
swooping over a dead body. Our once-dead house was
enlivened with joy.
"I was in prison when I was sent to come," the namesake of my
father-in-law narrated his story one evening. A very generous
and nice man identified himself as Barrister Hassan Bala from
the ABU Law Clinic came to see me. He was accompanied by a
man of my age, Kabir Garba. We talked, and on Monday, I was
taken to court. The brave lawyer moved a bail motion. I was
released. He gave me some money which I used to come home.
He even advised me to study law instead of English, which I
wanted to study."
The love for street lawyering had already crept into the heart of
the young man. He told me the ABU Law Clinic had already
decongested the Dan Sukwana prison. He will soon join them to
ensure JUSTICE FOR ALL!
Frankline Chisom EBERE of the Class of 2024, Faculty
of Law, ABU, Zaria analyses the enforceability and
justiciability of the right to development under
Nigerian law.
A s affecting enforcement of the right to development, we

note that the instant legal preserve has been widely
litigated across the world, although under legal systems
and within legal provisions substantially distinguishable from
those applicable to Nigeria. Contrasting this position, however,
Having regard to Nigeria, its courts have overwhelming
jurisdiction over every matter except for those expressly
ousted by the Constitution. This is by the cumulative provisions
of Sections 4 (8) and 6 (6) (c) of the Nigerian Constitution in
force. To this extent, the subject matter of a right to
the African Union Court of Justice, substantially relatable to development as arising from a legal instrument not contained
Nigeria and presenting a mutually applicable law as the basis of under Chapter II of the Nigerian Constitution cannot be
the right to development, has been confronted over time with deemed to be non-justiciable.
the task of determining the right to development.
Against a background of the foregoing, we note the Bakweri
Although law suits have abounded in this regard, substantive Land Claims case,4 which is considered the first in the long list
arguments have nonetheless been advanced against the of cases to follow on the subject matter of the right to
justiciability of the legal preserve. Arguing in this regard, development before an African regional court, where a claim
contentions have hovered around the metrics for determining for the right to development was brought under the provision
the benchmark for a violation of the right to development. of Article 22 of the African Charter on Human and Peoples’
Furthermore, the positivists theorists have been noted to Right. Sadly, in the instant case, the matter did not get past the
advance such arguments generally that rights which cannot be admissibility stage, and hence the African Commission did not
legally enforced are not justiciable.1 While the former argument get to hear the case on its merit in order to decide on the right
may have been dislodged by the realisation of the fact that the to development.
subject matter of a right to development transcends
However, in the landmark Endorois case,5 the African
econometric analyses to impinge on a little less than every
commission, after hearing the case on its merit, which was also
human interaction and activity within the State, the latter
brought under Article 22 of the African Charter on Human and
remains a clog in the wheel of the enforcement of the right to
Peoples’ Right found a violation of the right to development of
development. This is largely because for the right to
the complainants by holding that the government of Kenya had
development, the positive actions that are necessary may often
failed to adequately involve them in the development process,
make it very difficult to identify precisely the obligations of
which was a major contention of the complainants. In its ruling,
particular duty holders to make them legally liable to litigation. 2
the commission held, inter alia, that:
Yet, the courts through the years have not been helpless when
The Respondent State (Kenya) is obligated to
confronted with enforcing the right to development. In
ensure that the Endorois are not left out of the
essence, the maxim ubi jus ibi remedium, literally translated to
development process or benefits. The African
“where (there is) a right, there (is) a remedy,” has been a
Commission agrees that the failure to provide
dodged guiding principle upon which grievances have been
adequate compensation and benefits or provide
resolved and claims settled. To this extent, where the objection
suitable land for grazing indicates that the
as to justiciability is not one rooted in express jurisdictional
Respondent State did not adequately provide for
preclusion or such as is fundamentally inimical to the claim
the Endorois in the development process. It
under the right to development, it is unlikely that the courts will
finds against the Respondent State that the
decline to assume jurisdiction over such matters.
References
1. Kymlicka, W. (1996). Individual Rights and Collective Rights.
Multicultural Citizenship, 34–48. https://
doi.org/10.1093/0198290918.003.0003
2. Sengupta, A. K. (2013). Conceptualizing the right to
development for the twenty-first century. United Nations
iLibrary. https://doi.org/10.18356/587738a4-en
3. Bakweri Land Claims Committee v Cameroon
(Communication No. 260/02) [2004] ACHPR 60; (7
December 2004) | African Legal Information Institute.
(2004). African Legal Information Institute. Retrieved July 2,
2022, from https://africanlii.org/afu/judgment/african-
commission-human-and-peoples-rights/2004/60
4. The Endorois case. (2018, June 5). ESCR-Net. Retrieved July
2, 2022, from https://www.escr-net.org/news/2018/
Endorois community has suffered a violation of endorois-case
Article 22 of the Charter. 5. Ubani v. DSS & Anor (1999) LPELR-11177(CA).
Interestingly, the Endorois case was decided on the basis of the 6. Ubani v. DSS & Anor (1999) LPELR-11177(CA), Per Pius
right to development being a right to participation in the Olayiwola Aderemi, JCA (Pp 27 - 31 Paras F - C)
process of development and the right to self-determination. 7. Abacha & Ors v. Fawehinmi (2000) LPELR-14(SC)
This entailed that the Endorois people were, as a matter of
right, entitled to participate in the development of the game As originally published in Ebere, F. C. A Study on the Right to
reserve as well as to determine what became of their ancestral Development in Nigeria. Available at SSRN 4175799.
lands in default of which, reasonable compensation ought to be
made.
As affecting Nigeria, given that the African Charter on Human To access the original article, scan the QR Code below:
and Peoples’ Rights has oftentimes been used to enforce the
right to development across the continent, and that its
provisions have been domesticated in the African Charter on
Human and Peoples' Rights (Ratification and Enforcement) Act
and that the Fundamental Rights (Enforcement Procedure)
Rules, 2009 allows claims of violations of rights created under
the former to be enforced following the rules set out in the
latter, it, therefore, behoves to state that the right to
development can be enforced within Nigeria. This is particularly
so as the Nigerian Courts hold the rights contained in the
African Charter on Human and Peoples' Rights (Ratification and
Enforcement) Act in high esteem creating them a sui generis
right within the purview of the Nigerian jurisprudential
hierarchy of rights. This was stated in the case of Ubani v. DSS
& Anor6 in the following words:
“… The African Charter being a fundamentally
superior law of our land there is just the need to
remind all organs of the sacred duty to respect Frankline Chisom EBERE, MCIArb
its provisions.”7 Member SNHER - EVICT
University of Groningen, the Netherlands.
To this extent, the procedural requirements for the franklinechisom.ebere@gmail.com
enforcement of the right to development within Nigeria are
such as are contained within the provisions of the Fundamental
Rights (Enforcement Procedure) Rules, 2009. Furthermore, in Frankline Chisom Ebere is a law student at Ahmadu
an extended line of argument, we note the position of the Bello University, renowned for his legal analytical
Supreme Court of Nigeria in Abacha & Ors v. skills, published research works, and active
Fawehinmi8 wherein it was determined that an individual's involvement in various academic forums and
rights as contained in the African Charter can be enforced in
organizations related to law. He has garnered several
Nigerian Courts. This therefore suggests that the Nigerian
Courts will uphold a claimants’ right to development under awards and recognitions for his exceptional academic
Article 22 of the African Charter on Human and Peoples' Rights prowess and has served in leadership roles within the
at any time it is called upon to give legal effect to the instant university's law clinic, student associations, and as an
provisions. intern at reputable legal institutions.

Salim Bashir Magashi, Dean of the Faculty of Law,
Ahmadu Bello University, Zaria discusses the legal
framework and instruments for the protection of children
and the rights of the almajiri in Northern Nigeria.
I n addition to the moral recognition that religion and culture

have given to children, domestic and international
jurisprudence has restated the social significance of
children. Some available international instruments do not have
universal acceptability because of cultural relativism, but their
to develop in a peaceful and conducive environment.4 The
African Union has sponsored programs to the same effect.
At the policy level, goals 1, 2, 4, and 7 of the United Nations
Millennium Development Goals (MDGs) encapsulate important
policy directly bearing on the almajiri system. Goal 1 seeks to
philosophical and moral undertones remain unshakable.
eradicate extreme poverty and hunger, while goal 2 seeks to
Foremost, at the global level, preamble 6 of the 1989
ensure universal primary education for all; goals 4 and 7 seek
Convention on the Rights of the Child (CRC)1 recognizes the
to reduce child mortality and ensure environmental
need for children to grow up in a family environment where
sustainability, respectively. The almajiri system as practiced
they may find love, happiness, and an environment conducive
today exposes children to extreme hunger and lays the
to their harmonious development. Before this convention,
foundation of a life of perpetual poverty, since almajirai do not
other instruments recognized the dignity of children, as well as
have opportunities to pursue a dignified life or get educated in
their right to develop within the parameters of human dignity.
line with modern realities. Even those looking for knowledge
These instruments include the Geneva Declaration of the Rights
and learning a trade are hindered by the conditions of their
of the Child of 1924, the Declaration of the Rights of the Child
lives. Hardly any actually get an Islamic and Western-oriented
adopted by the UN General Assembly on November 20, 1959,
education. A few lucky, ambitious, and smart ones do excel:
the Universal Declaration of Human Rights, the International
they acquire Islamic and Western education and become useful
Covenant on Civil and Political Rights (articles 23 and 24), and
members of the society, albeit through strife, sacrifice, and
the International Covenant on Economic, Social and Cultural
perseverance. Most are exposed to life-threatening dangers,
Rights (article 10). All these instruments have global relevance.
and many lose their lives young because of disease, hunger,
Other pertinent instruments include the African Charter on the poverty, lack of care, and malnutrition, and as victims of crimes
Rights and Welfare of the Child2 and the CRC. Nigeria has and other disasters. Often they are a nuisance and are treated
domesticated these international instruments as the Child as criminals, destitute in their own fatherland. The system is a
Rights Act (CRA) of 2003.3 This is in consonance with section 12 conduit for cross-border emigration, which for countries like
of the Nigerian constitution, which requires that for any treaty Nigeria with porous borders becomes difficult to surmount,
to be binding in Nigeria, the National Assembly must legislate resulting in social, political, and religious crises.
upon it and pass it into law. It is unarguable, therefore, that
Cultural relativism plays an important role in the domestication
these international instruments are legally enforceable in the
of the laws by the federating units in the country. The
country. The CRA is in parimateria with the two international
constitution places issues relating to children in the concurrent
treaties, with further elaboration to suit local circumstances
legislative list, empowering each federating unit to legislate on
and peculiarities.
such matters. Most states in Northern Nigeria,5 where Muslims
In addition to these instruments, some global and regional are the majority, have been unwilling to domesticate the CRA
institutions recognize and participate in the development of (UNICEF 2011).6 Section 274 of the CRA repeals all existing laws
children’s rights. The United Nations Children’s Fund (still on children, adoption, fostering, guardianship, and wardship,
known by its old acronym, UNICEF) works across the globe as well as all institutions or matters relating to children already
initiating programs to ensure the realization of children’s rights contained in the act. In essence, the act supersedes existing
child-related laws in the country. chapter two of the constitution. Under this section, no court in
Nigeria has the jurisdiction to determine any matter arising out
The states that have refused to give effect to the CRA are those
of chapter two dealing with the fundamental objectives and
that would benefit most from its utility, as far as the almajiri
directive principles of state policy. By implication, therefore,
system is concerned. Sections 1 to 20 of the act cover diverse
the almajirai’s rights to education, health, parental care and
aspects of children’s welfare and development, including their
love, and so forth are nonjusticiable under the law. The
right to survival and development; freedom from
Supreme Court of Nigeria, in Okogie v. The Attorney General of
discrimination; freedom of thought, conscience, and religion;
Lagos State,7 confirmed this non justiciability.
and freedom from harmful social and cultural practices,
separation from parents, child abuse, and torture. Similarly, the By virtue of item 60(a) of the second schedule of part one of
act imposes the responsibility upon states to ensure that the constitution, section 6(6)(c) is subject to the legislative
children receive and enjoy their right to education, health competence of the National Assembly (Duru 2012), which has
services, and family protection. A close look at these rights the power to establish and regulate authorities for the
shows that, if the act were to be domesticated by the states, it federation or any part thereof for the promotion and
would enjoy effective enforcement, reducing or eliminating the enforcement of fundamental objectives and directive principles
plight of the almajirai. The essence of the provisions of the CRA of state policy flowing from this provision. Hence, if the
is to give priority to children’s best interest (section 1). Article National Assembly establishes UBEC in furtherance of the
27 of the Child Rights Convention asserts that children shall objective principles of chapter two and funds it with taxpayers’
have the right to a standard of living adequate for their money, then its failure to ensure the right to education in
physical, mental, spiritual, moral, and social development. This Nigeria should be enforceable in a competent court. This is in
is an all encompassing provision, covering myriad important tandem with the decision of the Supreme Court in AG Ondo v.
aspects of childhood development (Holmstrom and Karlbrink AG Federation,8 when it held:
1998; Olowu 2002). This is because the duty bearers under the
No court can enforce the provisions of chapter ii
act—the state and parents—have to ensure that all aspects of
until the [National Assembly] has enacted
children’s development are not neglected.
specific laws for their enforcement[,] as has
Statistics show an estimated 10.5 million almajirai in Nigeria been done in respect of the s.15(5). They remain
(Tyessi 2013). The number could be more or less if Nigeria as a mere declarations, they cannot be enforced by
country had a comprehensive data-capturing system. As it is, legal process[,] but would be seen as failure of
the veracity of the numbers is doubtful. Anecdotal evidence duty and responsibility of state organs if they
suggests that indeed a staggering number of almajirai suffer acted in clear disregard of them. We need not
from constant, daily neglect. seek uncertain ways of enforcing them. . . . The
constitution itself has placed the entire chapter
In addition to the CRA and MDGs, the Universal Basic Education
ii under the [Exclusive Legislative List]. By this,
Act provides for the right of children to a basic education. This
they need not remain mere or pious
act, like the African Charter on Human and Peoples Rights
declarations. It is for the executive and the
(African Charter) and the CRA, is enforceable in Nigeria;
legislature, working together[,] to give
however, these laws are enforceable only to the extent that
expression to them through enactment. Thus,
they do not conflict with the provision of section 6(6)(c) of

they can be made justiciable through legislation. would be to amend the constitution to pave the way for
enforceable socioeconomic rights, as in the South African
Since the National Assembly has enacted the UBEC Act, the
(1996) and Kenyan (2010) constitutions, by expunging section 6
rights of the almajirai contained therein become justiciable,
(6)(c).
notwithstanding section 6(6)(c). In addition:
Section 2 of the UBEC Act provides that every child has a right
This is definitely one avenue that could be
to free, compulsory, universal, basic education at primary and
meaningfully exploited by the legislature to
junior secondary levels. This is in consonance with article 13 of
assure the betterment of the lives of the masses
the International Covenant on Economic Social and Cultural
of Nigeria, whose hope for survival and
Rights, which emphasizes free education for all. Section 4 of
developments . . . have remained bleak, and are
the UBEC Act places the duty to educate a child on parents,
continuously diminishing. The utilisation [sic] of
and section 2(4) even criminalizes any attempt by parents to
this power would ensure the creation of requisite
deny their children or wards the right and opportunity to enjoy
bodies to oversee the needs of the weak and
their guaranteed education. In addition to these, the act
often overlooked and neglected in our society. It
establishes the Universal Basic Education Commission (section
would also provide a unique and potent
7), the States Universal Basic Education boards (section 12),
opportunity to our legislators to monitor and
and a local government education authority (section 13). By
regulate the functions of these bodies, where the
virtue of these provisions, every child, including the almajirai,
Executive, for reasons best known to it, fails or
is entitled to free basic education. The problem is that the
neglects to prioritise [sic] and implement the
almajiri system is not strictly considered the equivalence of
provisions of Chapter II, and by extension, the
primary and secondary education under the act.
welfare of Nigerians. (Uwais 2002)
According to the United Nations Committee on Economic Social
Another perspective is to consider the interrelationship
and Cultural Rights (CESCR), basic primary education, in
between rights under chapter two with those under chapter
addition to being free and compulsory, must be capable of
four, which are justiciable (Duru 2012). Clearly, the rights of
achieving the 4–As of availability, accessibility, acceptability,
almajirai that are constantly being violated are all
and adaptability (article 6, general comments 13, of 1999).
encompassing rights, their trajectory being the almajiria’s right
Availability presupposes that the education must be sufficiently
of survival and development, which has direct nexus with their
available within the state’s jurisdiction. It must be capable of
right to life and other rights (CRA, section 3; Nigerian
taking care of all the basic requirements for effective and
Constitution 1999, sections 34, 39, and 42).
efficient learning outcomes, “such as buildings or other
The High Court of Lagos State adopted this approach to uphold protection from the elements, sanitation facilities for both
the right to eradicate illiteracy under chapter two by tying it to sexes, safe drinking water, trained teachers on domestically
the right to freedom of expression through the establishment competitive salaries, teaching materials, and so on” (CESCR
of schools in the case of Adewole v. Alhaji Jakande.9 The 1999:6(a)). Accessibility entails that “educational institutions
Supreme Court of India is notable in this regard, where Justice and programmes have to be accessible to everyone, without
Bagwati relates socioeconomic rights to the right to life in the discrimination, within the jurisdiction of the State
case of Minerva Mills v. Union of India.10 Another approach party” (CESCR 1999:6(b)).

10. Minerva Mills v. Union of India (1978) AIR 1789 SC.
11. Registered Trustees of Socio Economic Rights and
Accountability Project v. Federal Republic of Nigeria and
Another, SUIT NO ECW/CJJ/APP/08/08, 2009. See http://
www.eccj.net
As originally published in Magashi, S. B. (2015). Education and

the right to development of the child in northern Nigeria: A
proposal for reforming the Almajiri institution. Africa Today, 61
(3), 65-83.
To access the original article, scan the QR Code below:
Accessibility is three-dimensional nondiscrimination, involving

physical and economic accessibility. Thus, in addition to making
primary education free for all, institutions must be situated
within reach and must have the requisite things that would
simplify learning. Similarly, education must be acceptable to
the people, taking into consideration culture, religion, and
other considerations. Finally, education must be adaptable to
the changing circumstances and cultural setup of the people.
The Economic Community Court of the ECOWAS restated the
significance of the right to education in the case of Registered
Trustees of Socio Economic Rights and Accountability Project
(SERAP) v. Federal Republic of Nigeria and Another.11 Although
the basis for determination in that case was the interpretation
of the right to education under both the African Charter and
the UBEC Act, the Community Court found that it was not
competent to determine rights provided for under domestic
law; however, it held, in favor of the applicants, that the right
to education is a right under the African Charter for Human and
Peoples Rights (Ratification and Enforcement) Act, which Dr. Salim Bashir Magashi
Dean, Faculty of Law
coincidentally is both an international obligation and
Ahmadu Bello University, Zaria
enforceable domestic legislation in Nigeria (paragraphs 14 and salimmagashi@gmail.com
20).
References Dr. Salim Bashir Magashi is an esteemed academic

and the Dean of the Faculty of Law, Ahmadu Bello
1. UN General Assembly, Convention on the Rights of the
Child, 20 November 1989, United Nations, Treaty Series, vol. University, Zaria.
1577, p. 3, available at http://www.refworld.org/
docid/3ae6b38f0.html.
2. Organization of African Unity, African Charter on the Rights
and Welfare of the Child, 11 July 1990, CAB/LEG/24.9/49
(1990), available at http://www.refworld.org/
docid/3ae6b38c18.html.
3. Child Rights Act, 2003.
4. On the activities of UNICEF, visit http://www.unicef.org/.
5. Only twenty-four out of thirty-six states have domesticated
the act. The states that have not are Enugu, Kaduna, Kano,
Sokoto, Kebbi, Borno, Yobe, Gombe, Adamawa, Bauchi,
Katsina, and Zamfara.
6. See UNICEF 2011: http://www.unicef.org/nigeria/
Child_rights_legislation_in_Nigeria.pdf.
7. Okogie v. The Attorney General of Lagos State (1981) 2 NCLR
337 SC.
8. AG Ondo v. AG Federation (2002) 9 NWLR (Pt.772) 222 SC.
9. Adewole v. Alhaji Jakande (1981)1 NCLR 262 HC (Lagos).

Dr. Bashir Mohammed Chalawa and Dr. Salim
Bashir Magashi provide a detailed overview of
the role and responsibilities of the Attorney
General of the Federation (AGF) in Nigeria
regarding mutual legal assistance agreements.
I n Nigeria, it is the office of the AGF that is basically in charge

of all mutual legal assistance agreements. This is because
Section 5 subsection (1) of the Mutual Assistance in Criminal
matters Act provides that the AGF is designated as the Central
Authority for Nigeria and shall be responsible for making,
i. There must be an agreement on legal assistance with the
requesting state.
ii. The object of the request must be expressly stated. It could
be for an investigation to be carried out and evidence
subsequently gathered against a person or for further and
receiving and transmitting requests for assistance; executing or
perhaps better evidence to be gathered against the person.
arranging for the execution of requests; taking practical
In either of these or any other, the language has to be
measures to facilitate the expeditious execution and
express and be free from ambiguity.
transmission of requests for assistance. He handles the
application and approval of legal assistance being the chief iii. There should be a precise data on the person or subject
legal officer of the federation 1 although he has limited powers matter. These include for instance, names, dates, 4
in the control of other important agencies of government, but profession or occupation, known addresses and description
with substantial powers of prosecutions, and advice on the of the subject.
activities of all institutions of government to ensure compliance
iv. An assurance that will be given that all evidence and
with all relevant legislations of municipal and international
information obtained regarding the request will only be
flavour in the day to day business of government. The AGF also
used against the suspect in the allegation stated in the
works in tandem with other executing authorities to defend
request and not for any other.
public and the national interest and ensure respect for the rule
of law, even though there are instances where the AGF is seen v. The allegation so stated must not be of a political, racial or
to sacrifice the rule of law on the altar of certain reasons2 which religious nature.5
may be attributed to the fact that the AGF is a political All requests for assistance are communicated to the Central
appointee of the President despite the sacred constitutional Authority which is the AGF through the Ministry of Foreign
duty for him to exercise his powers, by having regard to public Affairs where they are reviewed according to the policy
interest, the interest of justice and the need to prevent abuse guidelines and national interest of the country. If considered to
of legal processes.3 The condition precedent in all mutual Legal be within the context of the National Interest, the request is
Assistance policies including that of Nigeria where the AGF is a referred to the relevant executing authority for action
key figure in the entire process include the following: depending on the nature of the request.6 Assistance is granted

particulars of the witnesses as well as the nature of
evidence or assistance they will be providing. In all these,
there should be statement which should be relevant to the
matter in question.
iii. In the case of a request for search and seizure, the request
should include a specific description of the possible location
to be searched, the documents or items to be seized and
the relevant time frame for the search where necessary as
well as reasonable grounds to believe that the thing sought
is located at the place specified, reasonable grounds to
believe that the document or thing will afford evidence of
commission of the offence which is the subject of
investigation or proceedings in the requesting State. There
only where the issues requested are specifically stated. Where should also be an inclusion or explanation of any known
appropriate, court orders will be obtained for arrests, searches information about third parties who may have tights in the
and seizures. Upon compilation of a case file, the filing of the property.11
case in a criminal court, and the issuance of warrant, where
applicable, the case diary is referred to the central authority for Of all categories of international cooperation, extradition is the
final determination of the request. The Central Authority is a most concrete as it involves a direct means of taking back the
unit under the control of the AGF in the Ministry of Justice of fugitive offender to stand trial and serve sentence in the
the Federation. This is the procedure where Nigeria is the party jurisdiction of the state where he fled. It is regarded as a tool
to which a request is made. The AGF decision is not a unilateral to prevent the fleeing away of transnational criminals who
one because he must seek for the consent of the presidency usually take advantages from the limits of law enforcement,
before his decision can be valid. which often end at the border, as well as loopholes arising
from the different laws and practices among nations to escape
This is in accordance with Art 1891, 30 of UNTDC which from justice.12
specifically states that state parties shall designate a central
authority that shall have the responsibility and powers to
receive MLA and that requests for MLA or any communication References
relating to it shall be transmitted to the central authority who 1. Idornigie, P.O. (2014): Mutual Legal Assistance as a Bilateral
shall execute the request or transmits it to a competent Treaty in Mutual Legal Assistance, (ed) Epiphany Azinge,
authority. NIALS Press Abuja, p.98.
2. A.G. Anambra State vs. A.G. Federation (2005) 9 NWLR (pt.
Where Nigeria is the requesting party, there will be made 931)572, (2005)5 S.C (pt.1) 73.
available appropriate evidence which will be registered in a 3. The case of SamboDasuki vs. Federal Republic of Nigeria,
court of competent jurisdiction and which if deem fit, will issue where bail was granted by four different courts, including
a warrant for the arrest of the subject. The file and warrant will the ECOWAS Court of Justice, but the decisions have not
then be transmitted to the AGF for further vetting, and upon been complied with by the Nigerian Government, keeping
approval, a request will duly be made by his office.7 There is Dasuki in continuous detention, citing national security as
always a reciprocity clause which is actually the basis for more important than rule of law
Mutual Legal Assistance. It is a creation of obligation where the 4. Section 174(3), 1999 Constitution of the Federal Republic of
requesting party undertakes to correspondingly engage in the Nigeria (As Amended).
practice in the future. The requesting party undertakes to 5. This refers to the necessary dates such as the date of birth
comply with a future request for similar assistance in matters or the date that the act was committed.
involving an offence that corresponds with that for which 6. Wakama, S.L., (2015): Transnational Organised Crime and
assistance is sought.8 When a request for mutual legal the Role of Extradition and Mutual Legal Assistance
assistance is properly made through the proper channel, Treaties, http://www.unafei.or,jp/english/pdf. Accessed on
it is expected that the request be approved and the assistance November 16th, 2019 2: 30pm.
given. Approval comes in various forms depending on the 7. This is in accordance with Art 1891, 30 of UNTDC which
nature of the request. The types of MLA which may be provided specifically states that state parties shall designate a central
include the following:9 authority that shall have the responsibility and powers to
i. Taking of evidence for onward transmission to the receive MLA and that requests for MLA or any
requesting government or for the production of document communication relating to it shall be transmitted to the
or information. This is a request by requesting government central authority who shall execute the request or transmits
to make available admissible evidence to be used in a trial. it to a competent authority.
Here the requested government may be required to take 8. Ibid.
such steps as are necessary to record the evidence of the 9. UNODC (2011) International Cooperation in Criminal
witnesses and transmits same to the central authority of the Matters: Counter-Terrorism, United Nations, New York, p.
requesting state.10 2. See also Kolb, R. (2004) The Exercise of Criminal
Jurisdiction over International Terrorists. In: Andrea B. (ed.)
ii. Request for the attendance of persons to testify as witness Enforcing International Law Norms against Terrorism, Hart
in a trial in which case there will be a list of the names and Publishing, pp. 227-282.

10. Art 1(2) of the Treaty on Mutual Legal Assistance in Criminal As originally published in Magashi, S. B., & Chalawa, B. M.
Matters between the Government of the Federal Republic (2021). Mutual Assistance in Criminal Matters in Nigeria and
of Nigeria and the Government of South Africa (Ratification the Role of the Attorney General of the Federation. UMYU Law
and Enforcement) Act, 2004 for the Scope of Assistance Journal, 2(2), 98-111.
under that Treaty.
11. Request for Mutual Legal Assistance in a Criminal Matter,
http://app.agc.gov.sg/DATA /o/does/Requestfor-taking-of- To access the original article, scan the QR Code below:
evidence.pdf, Accessed on November, 16th, 2019.
12. United Nations report of the Informal Expert Working Group
on Mutual Legal Assistance Case work Best Practice, Vienna
2001, http://www.unodc.org. Accessed on, November 17th,
2019 3: 00 pm
13. Tiyapan, S. (2015); Extradition and Mutual Legal Assistance
in Thailand, Resource Material Series No. 57, 109, http://
www.unafei.or.jp/english/pdf Accessed on 23rd November,
2019 4: 15 pm
Dr. Bashir Mohammed Chalawa Dr. Salim Bashir Magashi

Lecturer, Faculty of Law Dean, Faculty of Law
Taraba State University, Jalingo Ahmadu Bello University, Zaria
bmchalawa@gmail.com salimmagashi@gmail.com
Dr. Bashir Mohammed Chalawa is a cerebral scholar Dr. Salim Bashir Magashi is an esteemed academic
and a lecturer at the Faculty of Law, Taraba State and the Dean of the Faculty of Law, Ahmadu Bello
University, Jalingo. University, Zaria.

Dr. Dalhat A. Idris examines the arguments and challenges
around harmonizing Nigeria's Penal and Criminal Codes into a
unified criminal law system.
T he idea of a unified criminal law in Nigeria has been

raised and mooted in several fora owing to the many
challenges that arise from an attempt to carry out such
exercise. The most glaring challenge of harmonizing Penal and
Criminal Codes arise from the fact that all states in the
first is the difference in some accepted values such as, at what
age a child becomes an adult or should intoxication in all
ramifications be regarded as a crime? Better still, should
adultery be regarded as a crime in both jurisdictions?
Another challenge has to do with some issues which such
Federation are constitutionally empowered to enact applicable
exercise may generate. One of such issues is its ability to
criminal laws.1 Although States have not departed significantly
challenge the nation’s federal status. Some observers noted
from the two codes, a careful perusal of the laws reveals that
that a cardinal characteristic of federalism lies in the existence
some States are more advanced and proactive in the review of
of diversity. They argued that a unified criminal law system will
their criminal laws and punishment.2 In this researcher’s view, a
no doubt challenge the people’s existing belief system and life
dedicated attempt by the States to review their criminal laws
style.3
regularly may just be the solution to eradicating the disparity in
the development of criminal laws in Nigeria as a whole. Notwithstanding these challenges, it has become imperative, in
recent times, that these two codes (Penal and Criminal Codes)
Another major challenge for unification that follows closely the

should be unified. It was argued that their harmonization will 3. Adebisi, O. et al (2014). Should the Criminal Law be
help the government foster national unity because the merged? The nation Newspaper; retrieved from
continuous application of the two codes dealing with criminal www.thenationonlineng.net/news on 10/5/2015
matters has been one of the mechanisms that had perpetuated 4. Ibid.
the concepts of North and South dichotomy in critical national 5. Ibid.
issues.4 It would aid in pushing to the fore, the ideas and ideals 6. Ibid.
that Nigeria as a nation holds dear while relegating to the
background cultural differences which even though remain
As originally published in Idris, D. A. (2017). An Appraisal of
significant but nevertheless should not be the focal point.
Legal Pluralism in the Administration of Penal and Criminal
It is submitted that the harmonization of penal and Criminal Codes in Nigeria: a Call for Harmonisation. Islamic University of
Codes would, no doubt, be a welcomed development to Uganda
lawyers and even members of the general public. It would not
only enhance the ease with which the legal profession is
practiced but also provide a platform for members of the To access the original article, scan the QR Code below:
general public to be well aware of offences that are applicable
in all jurisdictions in Nigeria. As noted by the former Attorney-
General of the Federation and Minister for Justice (Mohammed
Bello Adoke (SAN)), the unification of the two sets of law would
help the government foster national unity since a crime in Kano
would also be seen as a crime in Lagos.5
In addition to the needs to address this issue through a bold
attempt at harmonization, there is an equal imperative to
review both codes, modernize them and keep them relevant to
the yearnings and aspirations of the Nigerian society.
Some observers are unsure whether the government’s
objective of enhancing the nation’s unity with mere unification
of laws is desirable now. They contend that the government
should focus its attention on addressing other major challenges
bedevilling the criminal justice system with a view to ensuring
social justice and secured society where the law is supreme. 6 To
them, the federal government should give priority to
addressing the defects in the laws to ensure that they operate Dr. Dalhat A. Idris
better to serve the purpose for which criminal justice system HOD, Islamic Law, Faculty of Law
exists in every society. Ahmadu Bello University, Zaria
p18613@abu.edu.ng
References
Dr. Dalhat A. Idris is an erudite scholar and the Head
1. See Residuary Legislative List, Part II, Second Schedule of
The 1999 CFRN (as amended). of Department, Islamic Law of the Faculty of Law,
2. See for example the provisions of the criminal laws of Lagos Ahmadu Bello University, Zaria.
State of 2011.

Obadiah Rosemary Mamman of the Class of 2024,
Faculty of Law, ABU, Zaria provides a comprehensive
overview of the legal framework, procedures, and
implications surrounding statutory marriage in Nigeria
as governed by the Marriage Act.
M arriage is a revered institution in Nigeria, deeply

ingrained in the country's diverse cultural and
religious traditions. Alongside customary and Islamic
marriages, statutory marriage emerged as a distinct legal form
during British colonial rule. Governed by the Marriage Act,
Form C in the First Schedule of the Act.6
However, the registrar shall not issue the certificate until
satisfied by an affidavit showing that one of the parties has
resided within the district where the marriage is to be
celebrated for at least fifteen (15) days preceding the
statutory marriage is characterized by its monogamous nature,
certificate's issuance, that the parties wishing to marry are at
contrasting with the potentially polygamous practices of other
least twenty-one (21) years old or, if under twenty-one (21),
marriage types.
have obtained the requisite written consent annexed to the
This essay explores the concept of statutory marriage in affidavit, that there is no impediment of kindred or affinity as
Nigeria, examining its definition, legal requirements, provided for under the Act or any other lawful hindrance to the
procedures, and implications for married couples. By exploring marriage, and that neither party is married under customary
the intricacies of this marriage form, the essay aims to highlight law to anyone other than the intended spouse.7
the significance of adhering to the prescribed legal framework
Nonetheless, the registrar shall only issue the certificate after
and the consequences of non-compliance.
the above conditions are fulfilled and no caveat has been
entered against issuing it. A caveat can be entered by anyone
whose consent is required for the marriage or anyone aware of
Procedures for Solemnizing a Statutory Marriage
any just cause why the marriage should not take place.8 The
In the case of Hyde v. Hyde,1 Lord Penzance defined statutory caveat is entered by writing "forbidden" opposite the notice
marriage as "a voluntary union for life of one man and one entry in the marriage notice book, along with the name,
woman to the exclusion of all others."2 It is a union between a address, and grounds for entering the caveat against the
man and a woman as stipulated by the Marriage Act.3 certificate's issuance. The Act stipulates that the caveat can
only be removed by a High Court Judge who hears and
From these definitions, a marriage is considered statutory only
determines the matter summarily, with the right of appeal to
when it is conducted in strict accordance with the provisions
the Court of Appeal.9
and procedures outlined in the Marriage Act, hence the
qualification 'Marriage under the Act.' Upon issuance of the certificate, the marriage must take place
within three (3) months, counting from the day the notice was
The procedure for a statutory marriage commences when
given, or the marriage becomes void.10 However, if a caveat
either party to the intended marriage signs and submits a
was entered, the time elapsed between the entry and removal
notice to the registrar of the district where the marriage is to
of the caveat shall not be computed within the three-month
take place, using Form A in the First Schedule of the Act. 4 Upon
period.11
receiving the notice, the registrar shall enter it into the
marriage notice book and publish the notice by affixing it on the
office door until the certificate is granted or three months
Venues for Celebrating Statutory Marriage
elapse.5 Twenty-one (21) days after receiving and publishing the
notice, or before three (3) months elapse, and upon payment of After the registrar issues the certificate to either of the parties
the prescribed fees, the registrar shall issue a certificate as per intending to get married, the marriage must be celebrated

Conclusion
Statutory marriage in Nigeria is governed by the specific
provisions outlined in the Marriage Act. Compliance with the
defined procedures and requirements is crucial for the validity
of such marriages. From providing proper notice to the
registrar and obtaining the necessary certificates, to
solemnizing the marriage within the stipulated time frame and
at designated venues, each step mandated by the Act must be
strictly followed.
Failure to adhere to these legal requirements can render a
statutory marriage null and void, with potential consequences
for the marital rights and obligations of the parties involved.
Therefore, it is imperative for couples intending to enter into a
statutory marriage to have a thorough understanding of the
within three (3) months, counting from the day the notice was applicable laws and seek legal guidance where necessary.
given.
The Act stipulates that the marriage may be contracted by the References
parties before the registrar, in the presence of two witnesses, in
the registrar's office, with open doors between the hours of 10 1. Hyde v Hyde (1860) L.R.I PD.130
a.m. and 4 p.m.12 2. Ibid.
3. Benedette Basset, 'Overview of Statutory Marriage in
The Act also provides that the marriage may be celebrated in a Nigeria' (16 September 2020) <https://www.mondaq.com/
licensed place of worship. A marriage can be solemnized in any nigeria/family-law/985124/overview-of-statutory-marriage-
licensed place of worship by a recognized minister of the in-nigeria> accessed 22 May 2024.
Church, denomination, or body to which such place of worship 4. Section 7, Marriage Act, CAP. M6 L.F.N. 2004
belongs, following the rites and usages of marriage observed by 5. Section 10, Ibid.
that Church, denomination, or body, provided it is with open 6. Section 11(1)(a)-(d), Ibid.
doors between the hours of 8 a.m. and 6 p.m. in the presence 7. Ibid.
of two or more witnesses besides the officiating minister. 13 8. Section 14(1), Ibid.
9. Section 16, Ibid.
10. Section 12, Ibid.
Legal Effects of Statutory Marriage 11. Ibid.
Statutory marriage is a distinct class that contrasts with other 12. Section 27, Ibid.
types of marriage. A valid statutory marriage has some effects, 13. Section 21, Ibid.
particularly on the rights of the spouses. The Criminal Code 14. Section 10, Criminal Code Act, CAP. C38 L.F.N. 2004
applicable in the southern states of Nigeria provides some 15. Section 33, Ibid.
exceptions regarding the wife and husband of a Christian 16. Section 34, Ibid.
marriage. The Interpretation section of the Criminal Code
defines a Christian marriage as a marriage recognized by the
law of the place where it is contracted as the voluntary union
for life of one man and one woman to the exclusion of all
others.
The Criminal Code stipulates that anyone who receives or
assists another person, knowing that the person is guilty of an
offense, becomes an accessory after the fact to that offense. 14
However, the section further provides that the above provision
does not apply to a husband and wife of a Christian marriage.
The Criminal Code also states that a wife in a Christian marriage
is not criminally responsible for doing or omitting to do an act Obadiah Rosemary Mamman
which she is actually compelled by her husband to do or omit to Legal Intern
do in his presence.15 This exception does not apply to an act or Shibany Attorneys, Jos.
omission constituting an offense punishable by death or an act obadiahsplendid@gmail.com
causing grievous harm. Additionally, the Criminal Code excludes
a husband and wife of a Christian marriage from criminal Obadiah Rosemary Mamman is a dedicated law
responsibility for a conspiracy between themselves alone. 16 The student committed to exploring various aspects of
Criminal Code is silent on exceptions for a wife and husband of Nigerian legal frameworks and their practical
a customary and Islamic marriage regarding the exceptions implications.
made for a husband and wife of a Christian marriage.

Prince Fater Audu examines the concept of fair
dealing in Nigerian copyright law and how it is
applied to balance the rights of copyright holders
with the public's need to access and use creative
works.
T he profundity of copyright infringements in recent years Nigeria, it is pertinent to first of all understand what the
has led to a widespread misconception that any use of concept entails.
another person’s intellectual property is automatically an WHAT IS FAIR DEALING?
infringement. This common misconception has driven a
significant amount of debate, particularly across social media In a strictly legal sense, fair dealing is a principle of copyright
platforms, where the discourse on copyright issues is often law that allows for the limited use of copyrighted material
marked by divergent views that constitute gross ignorance and without the need for permission or payment of royalties. Just
indifference towards the principle of fair dealing. Hence, as it is in Nigeria, this principle is fundamental in various
circumscribing the scope of copyright infringements which are jurisdictions, including Canada, the UK, and Australia, where it
breaches of the legally protected, assignable right given to the serves as a user’s right to access and utilise copyrighted works
owner of a creative work for a defined period, to produce, within defined boundaries. In the US, the principle of fair
reproduce and distribute or display his work, has posed a dealing is known as fair use. Lending an elaborate definition,
challenge to the public. This situation is due to the thin line LexisNexis describes the principle of fair dealing as an
between fair and unfair use, which can be difficult to ordinarily exemption within copyright law that permits the use of
ascertain, especially for individuals who are not well-versed in copyrighted material for specific purposes such as research,
copyright law. private study, education, parody, satire, criticism, review, or
news reporting, provided that the usage is considered ‘fair’ in
In light of this manifest difficulty, the concept of fair dealing has the context of the circumstances. Within Nigerian copyright
been incorporated into the framework of Nigerian copyright law framework, fair dealing is not given a definite definition,
law to balance the rights of copyright holders with the public’s hence, the uncertainty surrounding the contextual conception
need to access and use creative works. Incorporated within the of “fairness”.
provisions of the Nigerian Copyright Act 2023, the principle of
fair dealing consists of different purposes, the usage for which In order to obviate the subjective conception of what is fair,
does not amount to copyright infringement. Be that as it may, the courts have developed guiding principles to objectively
there remains a lack of clarity around the scope and application determine fair dealing on a case-by-case basis. These principles
of this exception as the Nigerian Copyright Act does not provide used to enhance the objective application of fair dealing are
a precise definition of fair dealing. Hence, in search of a purpose and character of usage, nature of the work, amount
vantage position to begin the navigation of fair dealing in and substantiality of the portion used in relation to the work as

a whole, and effect of the use upon the potential market or artists to build upon existing works while respecting the rights
value of the work. These objective principles inform the of the original creators.
interpretation of all the usages that have been categorised as
Non-Commercial Research and Private Study
acts of fair dealing in the provisions of the Nigerian Copyright
Act 2023. Non-commercial research and private study are additional
purposes that constitute fair dealing in Nigeria. These purposes
It is however imperative to note that the application of fair
include academic research, personal study, and other non-
dealing within Nigeria is peculiar to its jurisdiction. This is
commercial uses of copyrighted works. The use of copyrighted
because the principle of fair hearing is conceived with slight
works for these purposes is considered fair dealing as long as it
variations in different countries, subject to their distinct criteria
is for personal or educational purposes and does not involve
and considerations. Therefore, it behoves one to understand
commercial gain. This exception promotes education and
these variations essential in ensuring compliance with the
research by allowing individuals to access and use copyrighted
regulations established by the provisions of the Nigerian
works without infringing on the rights of the copyright owner.
Copyright Act 2023.
Criticism, Review, or Reporting of Current Events
APPLICATION OF FAIR DEALING IN NIGERIA
Criticism, review, or reporting of current events are the final
The concept of fair dealing is provided for in Nigeria by the
purposes that constitute fair dealing in Nigeria. These purposes
Nigerian Copyright Act 2023. According to Section 20(1) of the
include the use of copyrighted works for the purpose of
Nigerian Copyright Act 2023, a copyrighted work can be used
reviewing or critiquing a work, reporting on current events, or
for certain purposes without amounting to an infringement.
providing news and information to the public. The use of
These purposes are private use; parody, satire, pastiche, or
copyrighted works for these purposes must be accompanied by
caricature; non-commercial research and private study; and
an acknowledgement of the title of the work and its author,
criticism, review or the reporting of current events.
save for instances where such work is included in a broadcast.
Private Use This condition ensures transparency and avoids undermining
the rights of the copyright owner. This exception promotes the
Private use is one of the purposes that constitute fair dealing.
public’s right to information and the importance of news and
This includes personal and non-commercial uses of copyrighted
criticism in a democratic society.
works, such as listening to music for personal enjoyment or
reading a book for personal development. The private use It is important to note that these exceptional purposes are
exception is essential for individuals to engage with applicable to all forms of copyrighted works unconditionally,
copyrighted works without infringing on the rights of the except for the purposes of criticism, review or reporting of
copyright owner. This exception also promotes the cultural and current events which be accompanied by an acknowledgement
educational benefits of copyrighted works, as individuals can of the title of the work and its author save for instances where
use them for personal enrichment without the need for such a work is included in a broadcast. The essence of this
permission. condition is to ensure that the use of copyrighted works for
these purposes is transparent and does not undermine the
Parody, Satire, Pastiche, or Caricature
rights of the copyright owner
These forms of creative expression often use copyrighted works
Despite making provision for different purposes that constitute
as a basis for their own creative endeavours. The use of
fair dealing in Nigeria, the act fails to provide an explicit
copyrighted works in these contexts is considered fair dealing
definition of fair dealing, hence, The justification for this
as long as it does not undermine the original work or its author.
situation is present in the words of Lord Denning M.R. in the
This exception promotes creativity and innovation by allowing
case of Hubbard v. Vosper (1972) 2 Q.B. 84, where the erudite

Lord Denning enthused thus: it is impossible to define what fair
dealing. It must be a question of degree. You must consider first
the number and extent of the quotations and extracts. This
case highlights the difficulty in defining fair dealing and the
need for a case-by-case approach as adopted within the
framework of the Nigerian legal system.
CONCLUSION
It is clear that not every usage of a copyrighted work gives rise
to an infringement. The exception of fair dealing has not just
availed people the opportunity to use the works of others for
other purposes, but it has also reduced unnecessary legal
actions. Despite the lack of a precise definition of fair dealing in
the Nigerian Copyright Act 2023, the doctrine is essential in Prince Fater Audu
balancing the rights of copyright holders with the public’s need LLB Part V
to access and use creative works. The guiding principles of fair Ahmadu Bello University, Zaria.
dealing, which are the purpose and character of usage, nature pfateraudu@gmail.com
of the work, amount and substantiality of the portion used, and Prince Fater Audu, a 500 level law student at Ahmadu
effect of the use upon the potential market or value of the
Bello University, balances academics with researching
work, inform the interpretation of all the usages that have been
categorized as acts of fair dealing. Leaning on these guiding and writing on pressing African political issues and
principles, the application of fair dealing in Nigeria is peculiar to legal matters, with publications reaching international
its jurisdiction and is influenced by the distinct criteria and audiences in multiple languages.
considerations of the Nigerian legal system. The courts having
developed a case-by-case approach to determine fair dealing,
emphasize the importance of considering the specific
circumstances of each case to avoid injustice in the
interpretation of matters concerning copyright infringement in
Nigeria.

unfairness. The very foundation of the justice system, the
presumption of innocence and the right to a fair trial can also
be compromised by plea bargaining. If innocent defendants are
pressured into pleading guilty to avoid lengthy trials or the risk
of harsher sentences, the system fails to deliver true justice.
The Path Forward: Safeguarding Justice
For plea bargaining to become a truly valuable tool in Nigeria,
significant reforms are necessary. First and foremost,
establishing a clear legal framework governing the process is
crucial. This framework should outline the steps involved in
plea bargaining, mandate safeguards against coercion, and
ensure transparency throughout the process. Secondly, raising
public awareness through educational campaigns is essential.
Both the public and legal professionals need a clear
T he Nigerian criminal justice system grapples with a understanding of plea bargaining to ensure its fair
significant backlog of cases. Plea bargaining, a practice implementation. Finally, strengthening oversight mechanisms
where defendants plead guilty to lesser charges or receive is paramount to prevent corruption and ensure that judges
reduced sentences in exchange for cooperation with prosecutors, thoroughly scrutinize plea agreements for fairness.
has emerged as a potential solution to expedite trials and reduce Learning from Others
court congestion. However, this practice ignites a fierce debate,
raising concerns about its potential to compromise fairness and Nigeria can also benefit from examining how other countries
transparency within the system. have implemented plea bargaining. The UK model, for instance,
prioritizes the defendant's right to a fair trial. Prosecutors have
Efficiency and Cost Savings limited power to offer reduced sentences, thereby minimizing
Proponents of plea bargaining highlight its capacity to streamline the risk of coercion. India's approach provides another valuable
the judicial process. Lengthy trials overburden the court system, example. India has a codified system with well-defined
leading to delays in case resolutions. Plea bargains offer an limitations. Serious offences are excluded from plea bargaining,
alternative path, allowing defendants to forgo trials and plead and court approval is mandatory for all agreements, ensuring a
guilty to lesser offences. This swift resolution frees up valuable degree of fairness and oversight.
court resources, enabling them to address new cases more Conclusion
promptly. Additionally, plea bargains can be cost-effective. Trials
involve significant expenditure for both the government and the Plea bargaining offers a potential solution to the backlog of
defendants. By circumventing lengthy proceedings, plea bargains cases plaguing the Nigerian justice system. However, its
can translate into substantial cost savings for all parties involved. implementation must be approached with caution. Only
through comprehensive reforms that prioritize transparency,
Restorative Potential fairness, and robust oversight can plea bargaining evolve into a
In some instances, plea bargaining can even serve the principles of tool that truly serves the cause of justice in Nigeria. The path
restorative justice. When a plea bargain incorporates an element forward requires a delicate balancing act, ensuring efficiency
of compensation from the defendant to the victim, it can foster without sacrificing the core principles of a fair and just legal
healing and a sense of accountability. This restorative aspect can system.
be particularly valuable in cases where the harm inflicted is
quantifiable.
Threats to Fairness
Despite its apparent benefits, plea bargaining in Nigeria faces
substantial criticism centred on its potential to undermine core
principles of justice. A critical concern lies in the lack of
transparency and robust oversight within the current system. The
absence of clear guidelines can create situations where
defendants are pressured into pleading guilty, even if they are
innocent, simply to avoid the risk of harsher sentences at trial.
Furthermore, a lack of oversight can open doors for corruption.
Unscrupulous actors within the system may coerce defendants Rabiu Aliyu
into bribes or deny them the opportunity to negotiate fair plea LLB Part III
deals. Ahmadu Bello University, Zaria.
raliyu12@gmail.com
Inconsistency and Erosion of Fairness
Another significant concern is the potential for plea bargaining to Rabi'u Aliyu is a law student actively engaged in student
lead to inconsistencies in sentencing. In a system lacking clear leadership roles with a demonstrated commitment to
standards, defendants with better negotiation skills or greater personal and professional growth.
resources may be able to secure lighter sentences compared to
those who lack such advantages. This inconsistency can erode
public trust in the justice system and create a perception of
We are still accepting submissions for publication in our Weekly Herald, Newsletter and Journal
• Must be of good quality, and of topical interest to ABU Law Clinic,
• Be in DOCX format and sent to abulawclinic@gmail.com and franklinechisom.ebere@gmail.com
• Include a brief bio, a headshot and contact information,
• The submission deadline for the Newsletter and Journal is August 25, 2024,
• Publication in the Herald is on a rolling basis, hence there is no deadline.
For further information, suggestions or contributions, please contact the Editor-in-Chief.

The success of the Ahmadu Bello University Law Clinic would not have been possible without the unwavering
support and contributions of numerous individuals and organizations. We are deeply grateful to all those who have
believed in our mission and have played a vital role in our journey towards promoting access to justice and legal
empowerment.
First and foremost, we extend our heartfelt gratitude to the Ahmadu Bello University administration and the faculty
of Law for their steadfast commitment to the establishment and growth of our clinic. Their vision, guidance, and
allocation of resources have been instrumental in creating this invaluable platform for practical legal education and
community service.
We are deeply indebted to our generous donors and sponsors whose financial contributions have enabled us to
provide free legal services to those in need. Their belief in our cause and their commitment to social justice have
been a driving force behind our ability to take on cases and advocate for the rights of the marginalized.
Our sincere appreciation goes to the dedicated volunteers who have selflessly donated their time and expertise to
support our clinic's initiatives. Their passion for justice and their willingness to contribute their skills have been
invaluable in expanding our reach and impact within the community.
We would also like to express our gratitude to the local organizations, NGOs, and community groups with whom we
have collaborated on various projects and outreach programs. Their partnerships have allowed us to leverage our
collective strengths, amplify our voices, and create a more comprehensive support system for those seeking legal
aid and assistance.
Furthermore, we extend our appreciation to the alumni of our Law Clinic, whose continued support and
mentorship have inspired and guided our current students. Their experiences and insights have enriched our
understanding of the legal profession and reinforced our commitment to upholding the highest standards of ethical
conduct and professionalism.
Finally, we acknowledge and thank our clients, whose trust in our services has been a driving force behind our
efforts. Their resilience and courage in the face of adversity have been a constant source of inspiration, motivating
us to strive for excellence in our pursuit of justice.
To all those who have contributed to the Ahmadu Bello University Law Clinic's success, we express our deepest
gratitude. Your support has been invaluable, and we look forward to continuing our collaborative efforts in creating
a more equitable and just society.
Shamsuddeen Ahmad Yola

Clinic Head

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ABU Law Clinic Newsletter | First Edition - Volume 1

Ahmadu Bello University

Frankline Chisom EBERE, MCIArb.

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EDITORIAL NOTE The Legal Framework for the

ABOUT ABU LAW CLINIC

Frankline Chisom EBERE analyses the

Obadiah Rosemary Mamman

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OUR SPAN OF SERVICES INCLUDE

We are just a call away.

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Faisal Mas’ud Alkasim Abubakar Zubair Musa Okikiola Maryam Ibrahim

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Munirat Aderewa Ahmed Abdullahi Khadijah Abubakar Sadiq Umar

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• 30• Legal Awareness Programs

• 800• Educational Materials Distributed

* All data are based on estimates and approximations

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I t has been a decade since I last laid eyes on my only son's

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ABU Law Clinic Newsletter | First Edition - Volume 1 11

A s affecting enforcement of the right to development, we

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I n addition to the moral recognition that religion and culture

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As originally published in Magashi, S. B. (2015). Education and

To access the original article, scan the QR Code below:

Accessibility is three-dimensional nondiscrimination, involving

References Dr. Salim Bashir Magashi is an esteemed academic

ABU Law Clinic Newsletter | First Edition - Volume 1 18

I n Nigeria, it is the office of the AGF that is basically in charge

ABU Law Clinic Newsletter | First Edition - Volume 1 19

ABU Law Clinic Newsletter | First Edition - Volume 1 20

Dr. Bashir Mohammed Chalawa Dr. Salim Bashir Magashi

ABU Law Clinic Newsletter | First Edition - Volume 1 21

T he idea of a unified criminal law in Nigeria has been

ABU Law Clinic Newsletter | First Edition - Volume 1 22

ABU Law Clinic Newsletter | First Edition - Volume 1 23

M arriage is a revered institution in Nigeria, deeply

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For further information, suggestions or contributions, please contact the Editor-in-Chief.

ABU Law Clinic Newsletter | First Edition - Volume 1 31

Shamsuddeen Ahmad Yola

ABU Law Clinic Newsletter | First Edition - Volume 1 32

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