Rita Ngwoke - Academia.edu (original) (raw)
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Papers by Rita Ngwoke
Studia Iuridica Lublinensia, 2021
Agitacja na rzecz kontroli zasobów w delcie Nigru. Rozumienie zasad dotyczących własności rzeczy ... more Agitacja na rzecz kontroli zasobów w delcie Nigru. Rozumienie zasad dotyczących własności rzeczy na gruncie common law w zakresie zarządzania i kontroli zasobami ropy naftowej w Nigerii
SSRN Electronic Journal, 2012
The sword is not so piercing as the nature of an Oath! The swearer although he seems to live is a... more The sword is not so piercing as the nature of an Oath! The swearer although he seems to live is already dead, and has received the fatal blow. John Chrysostom To every subject in this land, no matter how powerful, I would use Thomas Fuller's words over 300 years ago, "Be you never so high the law is above you". ** The security of the Prince and the stability of the State constituted an end which justified all means for its attainment.
Journal of Programming Languages, 2020
Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic o... more Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.
Journal of Law, Policy and Globalization, 2020
Locus Standi is a vital rule that allows for the courts or tribunals to determine who the aggriev... more Locus Standi is a vital rule that allows for the courts or tribunals to determine who the aggrieved party is and who is an interloper. Its application to the issue of climate change in Nigeria is very strict as compared to other jurisdictions of the world. This paper examined the application of the concept in climate change litigation by Nigeria. It observed that the jurisprudence of Nigerian courts on this issue has remained overly rigid to allow for a robust legal redress for injuries caused by activities arising from majorly the oil industry, which is the prime culprit of environmental damage and greenhouse gas emissions. The paper concludes that the courts in Nigeria should adopt the liberal approach to locus standi in climate change litigation by giving premium to concerns about the impact deleterious activities on the environment and people rather than upholding rules of legal technicalities. Keywords: locus standi, jurisdiction, climate change, litigation, pollution, greenhou...
Studia Iuridica Lublinensia, 2021
Agitacja na rzecz kontroli zasobów w delcie Nigru. Rozumienie zasad dotyczących własności rzeczy ... more Agitacja na rzecz kontroli zasobów w delcie Nigru. Rozumienie zasad dotyczących własności rzeczy na gruncie common law w zakresie zarządzania i kontroli zasobami ropy naftowej w Nigerii
SSRN Electronic Journal, 2012
The sword is not so piercing as the nature of an Oath! The swearer although he seems to live is a... more The sword is not so piercing as the nature of an Oath! The swearer although he seems to live is already dead, and has received the fatal blow. John Chrysostom To every subject in this land, no matter how powerful, I would use Thomas Fuller's words over 300 years ago, "Be you never so high the law is above you". ** The security of the Prince and the stability of the State constituted an end which justified all means for its attainment.
Journal of Programming Languages, 2020
Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic o... more Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.
Journal of Law, Policy and Globalization, 2020
Locus Standi is a vital rule that allows for the courts or tribunals to determine who the aggriev... more Locus Standi is a vital rule that allows for the courts or tribunals to determine who the aggrieved party is and who is an interloper. Its application to the issue of climate change in Nigeria is very strict as compared to other jurisdictions of the world. This paper examined the application of the concept in climate change litigation by Nigeria. It observed that the jurisprudence of Nigerian courts on this issue has remained overly rigid to allow for a robust legal redress for injuries caused by activities arising from majorly the oil industry, which is the prime culprit of environmental damage and greenhouse gas emissions. The paper concludes that the courts in Nigeria should adopt the liberal approach to locus standi in climate change litigation by giving premium to concerns about the impact deleterious activities on the environment and people rather than upholding rules of legal technicalities. Keywords: locus standi, jurisdiction, climate change, litigation, pollution, greenhou...