This book eulogises a personality that has constructed a formidable scholarly and personal legacy that future generations of legal practitioners and socio-legal scholars in Africa should look to for guidance and inspiration. Divided into three parts, the book deals with a longstanding legal practice and scholarship on the role of international law and institutions. Additionally, the book discussed roles of an African scholar and practitioner to advance socio-economic and cultural rights across the continent, through contextualised, progressive adjudication and from a gendered perspective. Finally, the book examined the importance of early-childhood education and legal education alike, the role of the courts in redressing these concerns and the need for greater inclusion of Afro and queer-sensitive pedagogies and perspectives. Contributors to the book address the role of schools in redressing systemic marginalisation―including stigmatisation based on disability―and efforts to translate their rights as prescribed in national constitutions and international legal instruments. The methodology encompasses a TWAIL approach and the call to revisit orthodox approaches to legal scholarship.
Author(s): Azubike Onuora-Oguno
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Pages: 353
City: Cham
Foreword
Contents
Notes on Contributors
Abbreviations
List of Figures
List of Tables
List of Cases
List of Treaty, Resolutions
1 Reflection on the Development of Jurisprudence Teaching and Practice in a Silver Era—Thoughts and Musing of Prof. Wahab Egbewole, SAN
2 ECOWAS Court and Emerging Community Legal Order in West Africa
Introduction
Legal Foundations
Jurisdiction and Competence
Access to Justice
Supplementary Protocol
Emerging Legal Order
Status of Decisions
Challenges and Prognosis
Conclusion
3 Making a Case for the Implementation of the African Union Model Law for the Implementation of the Kampala Convention in Nigeria
Introduction
Normative Contents of the Kampala Convention and the African Union Model Law
The Normative Contents and Standards of the Kampala Convention
Elaboration of the Normative Standards of the African Union Model Law
Review and Assessment of the FGN Humanitarian Responses to the Challenges and Problems of IDPs in Nigeria
The Advantages/Benefits of Adopting/Implementing the IDP Model Law in Nigeria
Conclusion
4 COVID-19 and the Implementation of Aspiration 1 of the African Union’s Agenda 2063: The Case of South Africa, Zimbabwe and Eswatini
Introduction
Agenda 2063: A Brief Overview
The Impact of COVID-19 on the Implementation of Aspiration 1: The Case of South Africa, Zimbabwe and Eswatini
South Africa
Zimbabwe
Eswatini
The Au’s Response to the Covid-19 Pandemic
Conclusion
5 “Bastions of Hope”: The Democratic Potential of a Willing Judiciary in Progressive Socio-Economic Rights Litigation in South Africa and Nigeria
Introduction
The Legal Framework of Socio-Economic Rights in South Africa and Nigeria
South Africa
Nigeria
Judicial Interpretation and Intervention in Socio-Economic Right Claims in South Africa and Nigeria
South Africa and the Development and Nature of the Test of Reasonableness
Nigeria and the Drive to Expand the Judicialization of Socio-Economic Rights
Examining the Limitations in the Approach of the Nigerian and South African Judiciaries to Adjudicating Socio-Economic Rights
Making the Case for a More Progressive Approach to Adjudicating Socio-Economic Rights
Conclusion
6 Gender Mainstreaming in Post-Conflict Reconstruction in North-East Nigeria
Introduction
Conceptual Clarification
Conflict
Peace
Peacebuilding
Gender
Gender Equality and Inclusion
Gender Mainstreaming
Peacebuilding Initiatives in North-East Nigeria
North-East Development Commission
Gender Equality/Inclusion in Peacebuilding Initiatives in North-East Nigeria
Gender Mainstreaming in Peacebuilding Initiatives in North-East Nigeria
Conclusion
7 Islamic Law Perspective on Emerging Issues from Legal Frameworks on Domestic Violence in Nigeria
Introduction
Nigerian Legal Frameworks on Domestic Violence
Constitution of Federal Republic of Nigeria
Matrimonial Causes Act 1970
Criminal Code and Penal Code
Violence Against Persons (Prohibition) Act 2015
State Control
Police Intervention
Principles of Criminal Law
Critique of the Criminalisation Approach
The Use of State Apparatus
The Complexity of the Domestic Relationship
Adversarial Justice System
Inadequate Alternative for the Victim
Islamic Legal Position on Domestic Violence
Domestic Violence and Wife Chastisement
Domestic Violence and Avoidance of Hurt as Maqasid As-Shariah
Islamic Legal Responses to the Emerging Issues from Vappa
Scope of Domestic Violence
VAPPA and Family Cohesion
Sadd al-dhara’i`, Criminal Approach and Islamic Penal Law on DV
The Case of Hurt Between Parent and Their Child
The Case of Hurt Between Spouses
Maintenance During Detention/Imprisonment
Conclusion and Recommendations
8 The Role of Nigeria Courts in Protecting Women and Children Against Harmful Traditional Practices
Introduction
Harmful Traditional Practices Against Women and Children
Harmful Traditional Practices as Human Rights Issues and The International Legal Regimes for Their Protection
Legal Regimes Against Harmful Traditional Practices in Nigeria
The Role of Nigeria Courts in Protecting Women and Children Against Harmful Traditional Practice
Findings
Conclusions and Recommendations
9 Protecting the Marginalised Child in Nigeria: Social Protection of Children with Albinism in Nigerian Schools Examined
Introduction
Legal and Policy Framework on Education in Nigeria
Education Law and Policy in Nigeria: How Safe Is the Child with Albinism?
National Policy on Education and the Nigerian Constitution
Impact of Making the School an Unsafe Haven for Children with Albinism
A. Shortsightedness
B. PWA Learn More by Aural Perception
C. Salty Food Encourages Sores on the Body of PWA
Music as a Tool of Discrimination Against PWA
Excerpts of Songs of Satire on Albinos
Conclusions
Recommendations
10 Early Child Education and Care: A Cradle for Inclusion in Nigeria?
Introduction
ECCE in Africa: Consciousness-Raising
Understanding Early Child Care and Education
Early Childhood Care Education; an Essential Building Block for Inclusion
Approaching ECCE Through a Multi-Dimensional Approach
Conclusion and Recommendations
11 Inclusion of Disabilities-Related Courses in the Nigerian Law School’s Curriculum
Introduction
History of Legal Profession in Nigeria
History of Disabilities Studies
Diasbilities Courses and the Nigerian Law School Curriculum
Communication with Hearing Impairment
Introduction to Hearing Impairment
Introduction to the Education of the Visually Impaired
Deaf Culture and Its Community
Audiology and Speech Pathology
Physical Exceptionalities
Communication Options for Deaf or Hard of Hearing
Oral Method
Cued Speech Method
Manual Communication Methods
Understanding Intellectual Disabilities and Learning Difficulties
Spiritual, Cultural, and Scientific Perspectives on Mental Health Conditions
Inclusion and Participation of Disabled People in Education and Society (ISDS902)
Recommendations
Conclusion
12 Climate Change and the Realization of Human Rights in Africa
Introduction
Africa and Climate Change: The Science and Legal Responses to Adaptation
The AU Strategy on Climate Change and the African Common Position
The AU Constitutive Act of 2002 and the New Partnership for Africa’s Development Framework
The Revised African Convention on the Conservation of Nature and Natural Resources
The 2009 Convention for the Protection and Assistance of Internally Displaced Persons in Africa
The Legal and Institutional Frameworks of the Regional Economic Communities (RECs) Relating to Climate Change
Regional Human Rights Law in Africa with Reflections on Climate Change Adaptation
Responses to Adaptation and the Protection of Human Rights Norms Undermined by Climate Change in Africa
The Right of Self-Determination
Right to Adequate Standard of Living
The Rights to Life and Health
The Rights of Climate Refugees
Right to General Satisfactory Environment
Conclusion
References
13 The Role of the Courts in Mapping Out Inclusive Education
Introduction
The Courts and Inclusion in the Mainstream Education
The Courts and the Use of Special Schools for Inclusion
The Courts and Specific Criteria for Admission to Special Schools
Conclusion
14 Decolonising the Nigerian Law Classroom: Analytic Diary on Indigenous Storytelling at Niger Delta University, Nigeria
Introduction
The Link Between Coloniality, Homophobia and Homophobic Violence
Decolonising Through Law and Literature
An Overview of Responses to Queerness Across Nigerian Universities
Niger Delta University: Unconscious Shifts, Forgetting to Hate
The Causal Link Through Inclusive Legal Advancements, Decolonisation, Persuasion and Attitudes in Nigerian Law Classrooms
The Value of Indigenous Storytelling as Part of Legal Education in Nigerian Law Classrooms
Theoretical Framework
Research Method
Findings
Contributory Role of Storytelling in Attitudinal Congruence in the Focus Group Conversations Among the Research Participants
Contributory Role of Storytelling in the Unconscious Shift from Homophobic Hostility and Prejudice Among the Research Participants
The Unattended Vacuum that Nigerian Universities and Academics as human rights Stakeholders Have Left in Advancing Equality and Human Rights Standards Among Nigerian Students and Across the Broader Nigerian Society
Conclusion
15 Charting a New Course in Sexual Violence Prohibition and Protection in Nigeria: A Need to Reappraise Public Law Jurisprudence in Nigeria?
Introduction
Violence Against the Girl Child
Education as an Emancipation Tool
Legal Education at the Tertiary Level
Education as a Responsibility 2 Protect Option
Decision of Supra-National Judicial Bodies, Policy, and Practice of Select International Institutions
Change in Pedagogy Towards Ending Violence Against the Girl Child
Solidarity a Pathway to the New Pedagogy
Conclusions
Bibliography
Index
