Nigeria: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
Registration Of Data Controllers And Data Processors – A Legal Conundrum Clarified In The Case Of Emmanuel Haruna v. Nigeria Data Protection Commission
The Nigeria Data Protection Commission's controversial Guidance Notice requiring registration of Data Controllers and Processors of Major Importance sparked legal challenges and widespread debate over regulatory authority, privacy rights, and compliance obligations. A landmark Federal High Court ruling has now clarified the scope and validity of these registration requirements, establishing binding precedent on who must register and under what circumstances.
Nigeria Privacy
A
Alliance Law Firm
Article
Artificial Intelligence And The Right To Privacy Under Section 37 Of The Constitution Of The Federal Republic Of Nigeria, 1999 (As Amended).
Nigeria's adoption of AI-powered facial recognition at major airports and automated credit scoring by digital lenders raises urgent questions about constitutional privacy protections. With Section 37 of the 1999 Constitution drafted before modern biometric surveillance existed, can its guarantee of privacy extend to algorithmic profiling and mass data collection?
Nigeria Technology
A
Alliance Law Firm
Article
Is The Right To A Clean Environment A Fundamental Human Rights In Nigeria?
Nigeria's Constitution does not expressly guarantee a standalone right to a clean environment in its fundamental rights chapter, yet severe environmental pollution can engage protected rights to life and dignity. This analysis examines how Nigerian courts have navigated the intersection between environmental degradation and constitutional human rights, exploring landmark cases and pending legislative reforms that may reshape environmental justice.
Nigeria Environment
OA
Olisa Agbakoba Legal (OAL)
Article
Privacy After Death: Nigeria’s Jurisprudential Gap In Data Protection Law
Nigerian data protection law remains silent on what happens to personal data after death, creating a legal vacuum that has allowed the posthumous exposure of sensitive information belonging to prominent figures. This article examines whether privacy rights should extend beyond biological death, drawing on recent high-profile cases and proposing legislative reforms to protect the deceased and their surviving families.
Nigeria Privacy
A
Alliance Law Firm
Article
Why Lagos Can’t Build Enough Homes: The Land Use Act In Nigeria, Dead Capital And The Titling Crisis
Lagos faces a severe housing crisis with 3.4 million homes needed, but the solution is blocked not by lack of land or demand, but by Nigeria's Land Use Act of 1978. This legal framework has created a consent regime where fewer than 5% of land parcels are formally titled, leaving property owners in years-long battles to prove ownership and transforming land into "dead capital" that cannot be mortgaged or developed. The article examines how this constitutional bottleneck, combined with mortgage rates up to 28
Nigeria Real Estate
OA
Olisa Agbakoba Legal (OAL)
Article
A Review of the Code of Conduct Bureau and Tribunal Act: A Quest for Public Sector Accountability.
Nigeria's public sector accountability framework, anchored in the Constitution and the Code of Conduct Bureau and Tribunal Act, mandates asset declaration and ethical conduct for public officers. Despite robust legal provisions requiring disclosure of assets, the system faces critical challenges including inadequate verification capacity, weak enforcement mechanisms, and limited transparency. This comprehensive analysis examines the constitutional framework, identifies systemic weaknesses, and proposes prac
Nigeria Commercial
BC
Babalakin & Co.Legal Practitioners
Article
Prerogative Of Mercy During Pending Appeal: Reconsidering The Supreme Court’s Reasoning In Maryam Sanda v Cop
The Supreme Court's decision in Maryam Sanda v C.O.P has sparked renewed debate over a critical constitutional question: can the executive exercise its prerogative of mercy while a convict's appeal remains pending before the courts? This ancient power, preserved in Nigeria's Constitution as a humane corrective to the criminal justice system, now stands at the intersection of executive authority and judicial process. The case raises fundamental questions about the separation of powers and the proper timing o
Nigeria Government
SK
Streamsowers & Kohn
Article
Does Sharia Law In Nigeria Make Nigeria An Islamic State? What The Constitution Says
Does the adoption of Sharia law in twelve northern Nigerian states signal a transformation into an Islamic state, or does Nigeria's Constitution provide sufficient safeguards to maintain its secular, multi-religious foundation? This analysis examines the legal framework governing Sharia's application, exploring the constitutional boundaries that restrict its scope to Muslim citizens in personal and civil matters while preserving religious freedom for all Nigerians.
Nigeria Government
OA
Olisa Agbakoba Legal (OAL)
Article
How To Challenge And Set Aside An Arbitral Award In Nigeria: A Practical Guide
The Arbitration and Mediation Act 2023 establishes a carefully balanced framework for challenging arbitral awards in Nigeria, providing exhaustive statutory grounds while preserving the finality principle central to arbitration. This analysis examines the six specific grounds upon which courts may set aside awards, the strict three-month limitation period for applications, and the innovative procedural mechanism allowing tribunals to cure defects before judicial annulment.
Nigeria Litigation
Adeola Oyinlade & Co
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