Sylvanus Barnabas | Nile University of Nigeria (original) (raw)

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Papers by Sylvanus Barnabas

Research paper thumbnail of The Interface Between National and International Law in Africa: Nigeria and Kenya in Comparative Perspective

Africa Journal of Comparative Constitutional Law, 2021

This paper examines the interface between national and international law in Africa, with a specia... more This paper examines the interface between national and international law in Africa, with a special focus on Nigeria and Kenya, by comparatively examining both states. The choice of Kenya as a comparator is because, like Nigeria, Kenya is anglophone. Kenya has embarked on fairly recent constitutional reforms in relation to the position of international law in its legal system. The choice of Nigeria is because as an Anglophone African state, it represents the traditional attitude towards international law practised in Anglophone Africa. The purpose of the comparative analysis is to investigate whether there are lessons that Nigeria and other Anglophone African states may glean from Kenya’s constitutional law reforms. In addition to the comparative approach, the methodology is also doctrinal. It will be suggested that Anglophone African countries like Nigeria should adopt the current approach that Kenya has adopted towards engaging with international law at its national level.

Research paper thumbnail of The role of international law in determining land rights of indigenous peoples : the case study of Abuja Nigeria and a comparative analysis with Kenya

In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Ni... more In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Nigeria without payment of compensation or resettlement. This is legitimised under Nigerian State laws. Indigenous peoples (IPs) suffer from injustices in relation to land globally. The purpose of this thesis is to find answers to the research questions emanating from this case study. One avenue explored herein in addressing dispossession of IPs’ lands in Africa, is through considering the relevance of international law on their rights. However, there is no universally agreed definition of IPs. In the determination of whether international law provides solutions to the challenges of protecting land rights of Abuja peoples, the existing description of IPs is challenged. The second avenue explored herein, is through a comparative approach to understanding how Kenya has resolved these challenges and how Nigeria should respond to similar challenges. The case study is used to illustrate the nee...

Research paper thumbnail of Protecting Land Rights of Indigenous Peoples in Africa: The Land Rights of Abuja Peoples of Nigeria and Ogiek Peoples of Kenya in Comparative Perspective

African Journal of Legal Studies, 2021

This paper examines the treatment of customary land rights of indigenous peoples by State law in ... more This paper examines the treatment of customary land rights of indigenous peoples by State law in Nigeria and Kenya. Nigeria is chosen as a case study and Kenya has on-going legal reforms in relation to customary land rights. Both Kenya and Nigeria have plural legal systems. The objective is to demonstrate how Kenya has responded to the challenges of protecting customary land rights and how other African States, like Nigeria, should respond to similar challenges.

Research paper thumbnail of The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria and Kenya: A Comparative Perspective

Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe, Sep 11, 2019

This chapter explains the role of international law in protecting land rights of indigenous peopl... more This chapter explains the role of international law in protecting land rights of indigenous peoples (IPs) in Africa. It examines selected decisions of the United Nations Human Rights Committee and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination and Committee on Economic Social and Cultural Rights on land rights of IPs. It uses the case study of Abuja, Nigeria and a comparative approach to developments in relation to IPs' land rights in Kenya in the context of some concluding observations of the human rights treaties Monitoring Bodies, the African Commission on Human and Peoples' Rights as well as the decision of African Court on Human and Peoples' Rights to illustrate the significance of international human rights treaties and the African Charter on Human and Peoples' Rights in protecting land rights of IPs in Africa. The research method is largely doctrinal, it uses a case study method and it is comparative in its approach to Nigeria and Kenya in the context of how both countries engage with international law as well as the observations and decisions of relevant international human rights bodies on both countries discussed in this chapter.

Research paper thumbnail of The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law

International Human Rights Law Review, 2017

This article explores the legal status or effect of the United Nations Declaration on the Rights ... more This article explores the legal status or effect of the United Nations Declaration on the Rights of Indigenous Peoples (undrip) in contemporary international human rights law. As a United Nations General Assembly (unga) resolution, the legal significance of undrip may appear uncertain on the surface. However, several unga resolutions do carry some legal weight with far-reaching legal implications in international law. For example, the Universal Declaration of Human Rights 1948 (udhr) has been widely accepted, at least in part, as forming part of customary international law. Through a critical examination of relevant literature and some decisions of international, regional and national courts, this article examines whether the undrip, in whole or in part, reflects customary international law. It also considers the relationship of the undrip with other international human rights instruments, and whether it should be applied as part of general principles of law on issues that are essen...

Research paper thumbnail of Abuja Peoples of Nigeria as Indigenous Peoples in International Law

International Journal on Minority and Group Rights, 2018

There is no agreed definition of indigenous peoples (IPs) as the international community has not ... more There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.

Research paper thumbnail of The Interface Between National and International Law in Africa: Nigeria and Kenya in Comparative Perspective

Africa Journal of Comparative Constitutional Law, 2021

This paper examines the interface between national and international law in Africa, with a specia... more This paper examines the interface between national and international law in Africa, with a special focus on Nigeria and Kenya, by comparatively examining both states. The choice of Kenya as a comparator is because, like Nigeria, Kenya is anglophone. Kenya has embarked on fairly recent constitutional reforms in relation to the position of international law in its legal system. The choice of Nigeria is because as an Anglophone African state, it represents the traditional attitude towards international law practised in Anglophone Africa. The purpose of the comparative analysis is to investigate whether there are lessons that Nigeria and other Anglophone African states may glean from Kenya’s constitutional law reforms. In addition to the comparative approach, the methodology is also doctrinal. It will be suggested that Anglophone African countries like Nigeria should adopt the current approach that Kenya has adopted towards engaging with international law at its national level.

Research paper thumbnail of The role of international law in determining land rights of indigenous peoples : the case study of Abuja Nigeria and a comparative analysis with Kenya

In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Ni... more In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Nigeria without payment of compensation or resettlement. This is legitimised under Nigerian State laws. Indigenous peoples (IPs) suffer from injustices in relation to land globally. The purpose of this thesis is to find answers to the research questions emanating from this case study. One avenue explored herein in addressing dispossession of IPs’ lands in Africa, is through considering the relevance of international law on their rights. However, there is no universally agreed definition of IPs. In the determination of whether international law provides solutions to the challenges of protecting land rights of Abuja peoples, the existing description of IPs is challenged. The second avenue explored herein, is through a comparative approach to understanding how Kenya has resolved these challenges and how Nigeria should respond to similar challenges. The case study is used to illustrate the nee...

Research paper thumbnail of Protecting Land Rights of Indigenous Peoples in Africa: The Land Rights of Abuja Peoples of Nigeria and Ogiek Peoples of Kenya in Comparative Perspective

African Journal of Legal Studies, 2021

This paper examines the treatment of customary land rights of indigenous peoples by State law in ... more This paper examines the treatment of customary land rights of indigenous peoples by State law in Nigeria and Kenya. Nigeria is chosen as a case study and Kenya has on-going legal reforms in relation to customary land rights. Both Kenya and Nigeria have plural legal systems. The objective is to demonstrate how Kenya has responded to the challenges of protecting customary land rights and how other African States, like Nigeria, should respond to similar challenges.

Research paper thumbnail of The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria and Kenya: A Comparative Perspective

Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe, Sep 11, 2019

This chapter explains the role of international law in protecting land rights of indigenous peopl... more This chapter explains the role of international law in protecting land rights of indigenous peoples (IPs) in Africa. It examines selected decisions of the United Nations Human Rights Committee and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination and Committee on Economic Social and Cultural Rights on land rights of IPs. It uses the case study of Abuja, Nigeria and a comparative approach to developments in relation to IPs' land rights in Kenya in the context of some concluding observations of the human rights treaties Monitoring Bodies, the African Commission on Human and Peoples' Rights as well as the decision of African Court on Human and Peoples' Rights to illustrate the significance of international human rights treaties and the African Charter on Human and Peoples' Rights in protecting land rights of IPs in Africa. The research method is largely doctrinal, it uses a case study method and it is comparative in its approach to Nigeria and Kenya in the context of how both countries engage with international law as well as the observations and decisions of relevant international human rights bodies on both countries discussed in this chapter.

Research paper thumbnail of The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law

International Human Rights Law Review, 2017

This article explores the legal status or effect of the United Nations Declaration on the Rights ... more This article explores the legal status or effect of the United Nations Declaration on the Rights of Indigenous Peoples (undrip) in contemporary international human rights law. As a United Nations General Assembly (unga) resolution, the legal significance of undrip may appear uncertain on the surface. However, several unga resolutions do carry some legal weight with far-reaching legal implications in international law. For example, the Universal Declaration of Human Rights 1948 (udhr) has been widely accepted, at least in part, as forming part of customary international law. Through a critical examination of relevant literature and some decisions of international, regional and national courts, this article examines whether the undrip, in whole or in part, reflects customary international law. It also considers the relationship of the undrip with other international human rights instruments, and whether it should be applied as part of general principles of law on issues that are essen...

Research paper thumbnail of Abuja Peoples of Nigeria as Indigenous Peoples in International Law

International Journal on Minority and Group Rights, 2018

There is no agreed definition of indigenous peoples (IPs) as the international community has not ... more There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.