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<pubDate>Tue, 13 Oct 2026 10:58:19 GMT</pubDate>
<dc:date>2026-10-13T10:58:19Z</dc:date>
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<title>The Constitutional Paradox of the Attorney-General in Nigeria: Reconciling Political Accountability with Prosecutorial Independence</title>
<link>https://ir.nilds.gov.ng//handle/123456789/3660</link>
<description>The Constitutional Paradox of the Attorney-General in Nigeria: Reconciling Political Accountability with Prosecutorial Independence
Amali, Mohammed; Omoarebu, Nansat S.; Obot, Uduakobong J.
The office of the Attorney-General occupies a unique constitutional position in Nigeria, serving simultaneously as the chief law officer of the Federation or a State and a political appointee within the executive branch. This dual character has generated persistent tensions between the demands of political accountability and the imperative of prosecutorial independence, particularly in the exercise of the Attorney-General’s constitutional powers to institute, undertake, take over, and discontinue criminal proceedings. While political accountability ensures democratic oversight of executive action, the broad prosecutorial discretion vested in the Attorney-General raises concerns regarding selective prosecution, abuse of process, and executive interference in the administration of criminal justice. This chapter critically examines the constitutional and jurisprudential foundations of the Attorney-General’s office in Nigeria, interrogating the extent to which its current institutional design adequately safeguards the rule of law and the impartial administration of justice. Drawing on constitutional provisions, judicial decisions, comparative perspectives from selected common law jurisdictions, and established principles of prosecutorial independence, the chapter argues that the constitutional fusion of political and prosecutorial functions creates an inherent paradox that has undermined public confidence in the criminal justice system. It contends that while complete insulation of the Attorney- General from political oversight may neither be feasible nor constitutionally desirable, clearer legal safeguards and institutional reforms are necessary to reconcile democratic accountability with the independence required for fair and impartial prosecution. The chapter concludes by proposing reforms aimed at strengthening prosecutorial autonomy while preserving legitimate mechanisms of constitutional and democratic accountability, thereby promoting greater integrity, transparency, and public trust in Nigeria's criminal justice system.
Law, Ethics and Good Governance: Selected Essays in Honour of Chief Godwin Kanu Agabi, CON, SAN, FNIALS
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<pubDate>Thu, 01 Jan 2026 00:00:00 GMT</pubDate>
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<dc:date>2026-01-01T00:00:00Z</dc:date>
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<title>Enhancing Patient Autonomy through the Reform Of Informed Consent in Nigerian Healthcare</title>
<link>https://ir.nilds.gov.ng//handle/123456789/3659</link>
<description>Enhancing Patient Autonomy through the Reform Of Informed Consent in Nigerian Healthcare
Amali, Mohammed; Aaron, Doris Dakda
Informed consent is a fundamental principle of medical law and a critical mechanism for safeguarding patient autonomy. However, in Nigeria, its operation often remains more formal than substantive, with persistent gaps in disclosure standards, patient comprehension, and enforcement undermining meaningful autonomous decision-making. This paper examines the adequacy of Nigeria's legal and regulatory framework governing informed consent and argues that existing protections fall short of contemporary patient-centred standards. Adopting a conceptual and normative approach grounded in autonomy theory and a rights-based framework, the article interrogates informed consent both as a legal doctrine and as an expression of constitutional values, particularly the rights to dignity and privacy under the Constitution of Federal Republic of Nigeria, 1999. It analyses the doctrinal foundations of informed consent, assesses the strengths and limitations of Nigeria's existing regime, including the National Health Act 2014 and professional ethical regulations, and identifies structural and normative impediments to effective consent practices. Drawing on comparative lessons from two jurisdictions- the United Kingdom and the United States of America, the paper demonstrates the importance of patient-centred disclosure standards, statutory clarity, and stronger accountability mechanisms in strengthening informed consent. It argues that reforms should move beyond formal recognition of consent toward a framework that prioritises material risk disclosure, patient understanding, standardised consent procedures, and enforceable safeguards. The paper recommends that enhancing patient autonomy in Nigerian healthcare requires a reorientation of informed consent from a procedural requirement to a substantive legal right supported by coherent reform and effective implementation.
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<pubDate>Thu, 01 Jan 2026 00:00:00 GMT</pubDate>
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<dc:date>2026-01-01T00:00:00Z</dc:date>
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<title>Euthanasia and the Nigerian Legal Order: Between the Right to Life and Right to Human Dignity</title>
<link>https://ir.nilds.gov.ng//handle/123456789/3658</link>
<description>Euthanasia and the Nigerian Legal Order: Between the Right to Life and Right to Human Dignity
Amali, Mohammed; Oguche, Sam; Andemi, Shalom
Euthanasia remains one of the most contested issues in contemporary legal and bioethical discourse, raising fundamental questions about the sanctity of life, human dignity, and individual autonomy. This paper examined euthanasia within the Nigerian legal order, particularly the interplay between the constitutional protection of the right to life and emerging arguments grounded in dignity and self- determination in end-of-life decision-making. It interrogates the existing legal framework, particularly the provisions of the Constitution of the Federal Republic of Nigeria, 1999, the Criminal Code Act and the Penal Code, which collectively render euthanasia unlawful regardless of consent or compassionate motives. The paper explored the ethical and professional dimensions of end-of-life care, highlighting the role of the Medical and Dental Council of Nigeria in regulating medical practice and reinforcing the duty of healthcare practitioners to preserve life. It also examined the conceptual distinction between active and passive euthanasia, particularly in relation to withdrawal of treatment and patient refusal of medical intervention, areas which remain insufficiently regulated within Nigerian law. Through a doctrinal and comparative approach, the paper analyses selected jurisdictions where euthanasia or physician- assisted dying are legalised under strict safeguards, drawing lessons relevant to Nigeria. It argued that while active euthanasia remains incompatible with Nigeria's current legal, moral, and socio-cultural framework, significant gaps exist in the regulation of end-of-life medico/ decisions. The paper recommended that Nigeria must enact clear legislative and policy frameworks on palliative care, patient autonomy, and end-of-life decision-making to address the ethical, legal, and practical challenges arising from contemporary medical practice.
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<pubDate>Mon, 01 Jun 2026 00:00:00 GMT</pubDate>
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<dc:date>2026-06-01T00:00:00Z</dc:date>
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<title>Circadian Rhythm, Sleep Deprivation, and Criminal Responsibility in Nigeria: Emerging Jurisprudential Challenges</title>
<link>https://ir.nilds.gov.ng//handle/123456789/3657</link>
<description>Circadian Rhythm, Sleep Deprivation, and Criminal Responsibility in Nigeria: Emerging Jurisprudential Challenges
Amali, Mohammed; Kagu, Abubakar; Andemi, Shalom
Circadian rhythm disruption and sleep deprivation are increasingly recognised as factors that can impair judgment, impulse control, and conscious awareness, all capacities essential for criminal responsibility. In Nigeria, however, criminal law has yet to meaningfully engage with these biological realities, relying instead on classical notions of voluntariness. intent, and culpability. The article adopts a doctrinal and interdisciplinary approach, integrating legal analysis with insights from sleep neuroscience to assess the potential relevance of sleep-related impairments as mitigating or exculpatory factors in criminal adjudication. The article examines the emerging jurisprudential challenges posed by circadian and sleep-related impairments, arguing that existing doctrines such as automatism, insanity, diminished capacity, and sentencing discretion provide latent avenues for recognising circadian conditions within the Nigerian legal framework. A comparative analysis with the United States and the United Kingdom demonstrates how courts elsewhere have cautiously integrated sleep science to ensure proportionality and fairness while preserving doctrinal coherence. The article contends that the reluctance of Nigerian courts to integrate these factors represents a missed opportunity to align criminal responsibility with contemporary scientific understanding. The article advocates for a purposive judicial approach that incrementally accommodates circadian and sleep-related evidence without undermining legal certainty.
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<pubDate>Thu, 01 Jan 2026 00:00:00 GMT</pubDate>
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<dc:date>2026-01-01T00:00:00Z</dc:date>
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