Nigeria has ratified several international instruments that protect the rights of, and guarantee freedom from discrimination of persons with disabilities (PWD). Despite the above, the country is yet to fully implement the appropriate measures required to achieve the objective of protecting PWD. Successive administrations since the return to civil administration in the country in 1999 have not fulfilled the mandate in the 1999 Constitution of the Federal Republic of Nigeria (as amended) dealing with disability rights. While the passing into law in January 2019 of the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 is commendable, it only reflects the pressure on the Federal Government of Nigeria by disability rights advocates and PWD. This article aims to, among others, highlight the plight of PWD in Nigeria, the need to protect their rights and guarantee their freedom from discriminatory practices. To achieve this aim, a review of international and domestic instruments, as well as literature on the subject, is undertaken. The article proposes that the Nigerian government should aim towards inclusivity and accommodation of PWD. For example, instead of merely establishing special schools for PWD, there should be a design to allow for the training of teachers to meet the needs of special children in regular schools.
The Abrahamic faiths and received colonial law have been identified as the driving force behind the criminalisation of homosexual activity in most of the Commonwealth States of Africa. This article, therefore, seeks to question the role of criminal law in proscribing sexual activities amongst consenting adults of the same gender in Commonwealth African states. A recurring question in the paper is the propriety of criminalising a consensual conduct amongst consenting adults in private when no harm or injury is done to other citizens or the state in line with JS Mill’s principle of harm. The article finds that the misconception that the main aim of criminal law is to legislate the moral values of the majority, forms support for the view that homosexuality can be learned and unlearned and if this is the case, a paternalistic approach by the state would help mould citizens’ behaviour. A comparative and case study approach was adopted for the discussion in the article. Four Commonwealth African states, namely, Ghana, Kenya, Nigeria and Uganda were selected as case studies. The article recommends a much more robust approach for the support of sexual minorities in the Commonwealth.
1 January 2018 in European Procurement & Public Private Partnership Law Review
Sub-Saharan Africa (SSA) is the lowest income region of the world with a considerable number of low-income countries. The region is challenged by a massive infrastructure deficit. In recent years, the governments of the countries in the region have expressed the desire to bridge the huge gap in infrastructure assets through a partnership with the private sector using the public-private partnership model. However, the advent of the Coronavirus (COVID-19) pandemic which has resulted in unplanned public sector expenditure poses a new kind of hurdle to climb for states in the region. As such, there is a need for governments in SSA to create and sustain efficient opportunities for private sector investment in infrastructure procurement and maintenance. This article adopted the doctrinal legal research method as well as review of literature in the examination of the role of law in creating a healthy and sustainable business environment for private sector participation in infrastructure financing and operation in a post-COVID-19 era in the SSA region. The article recommends among others, the enactment of legislation to create an enabling environment for raising domestic capital for the purposes of private sector–led public infrastructure procurement as well as the implementation of strategies suited for developing economies to attain successful outcomes in private sector backed infrastructure procurement.