This research paper provides a comparative analysis of immunity clauses in Nigeria, the United St... more This research paper provides a comparative analysis of immunity clauses in Nigeria, the United State of America, and Australia. Immunity clauses are provisions in statutes or constitutions that exempt certain individuals or entities from legal liability. The paper examines the historical development, scope, and application of immunity clauses in each jurisdiction, highlighting the similarities and differences. The research reveals that while Nigeria's immunity clause for its potential to shield public officials from accountability, the US and Australia have more limited and nuanced approaches to immunity. It is a right peculiar to some individual or body, an exception from some general duty or burden, a personal benefit granted by law contrary to the general rule. It is recognized even by the International Court of Justice. Section 308 of the Constitution of Federal Republic of Nigeria 1999 (as amended) prohibits in clear terms, the commencement of civil and criminal proceedings against The President, Vice President, Governors and Deputy-Governors in their personal capacities; the Nigerian style of immunity is absolute in the sense that the beneficiaries of this constitutional immunity are excluded from both civil and criminal proceedings in personal capacities while in office. It is "Ratione Personnel". Immunity clause was accepted in the constitution for the purpose of protecting the dignity of the offices of those exempted, not the necessarily the individual office holder as such, so as to check a floodgate of law suits, some of which might be frivolous, that may impair government functions and cause unnecessary political distraction. It was meant to provide the incumbent a free hand and mind to perform the duties and responsibilities of his office without distractions from litigation. The "immunity Clause" has generated a serious national debate as to its retention or removal from our Constitution. This paper using the doctrinal approach, critiqued the provision of immunity clause in the Constitution, examines its pros and cons and recommends ways of curing the defect so as to promote the rule of law which is characterized by the doctrine of equality before the law under which every citizen of a country, no matter how highly placed is subject to the authority of the same law. It was recommended that the immunity clause should not be expunged from the Constitution but rather be qualified and retained. It should also not be extended to any other arm of government.
The paper reflects upon abuse of young children living in children"s homes. Beginning with a reco... more The paper reflects upon abuse of young children living in children"s homes. Beginning with a recognition of "individual abuse" it explores, first all, the reasons why children and young people are abused, including, (1) the status of children and young people in care; (2) the application of approved treatment methods; (3) the failure of managerial, organizational and inspection systems; and (4) the institutional critique and the popularity of preventive policies. Second by identifying common themes arising from these accounts, it is suggested the need to rethink the way abuse has been conceptualized over the years. Individual direct abuse, sanctioned abuse, organized systematic abuse and system outcome abuse are discussed. Finally the paper reviews recent changes in law, policy and practice, including the children"s act 2004, designed to prevent abuses. It is argued that challenges still remain in addressing structural inequalities, improving protection, balancing needs and rights, extending protection to different groups and in having a preventive vision for children"s homes
Purpose: This report considers gender diversity across a range of spaces and places, the core pur... more Purpose: This report considers gender diversity across a range of spaces and places, the core purpose of the study was to stretch as far as possible the emerging dynamics in the conception of the term gender. Methodology: The researchers adopted a desk review of related literature to interrogate theories, discussions and results to enable it reach its conclusions. Findings: The researcher notes that while the notion of gender has been troubled, there exist opportunities to trouble it further. The highlight is on the scholarship that has sought to deconstruct genders, and the binary framing of man/woman and male/female roles and relationships, through a detailed desk review, this research has sought to draw attention to the emergence of geographical bodies that force the academic world to recognize the need to pay more attention to its distinctiveness. The queering of sexuality has meant that geographers are now tracing the ways in which lesbian, gay, bisexual, transgender, intersex,...
This research paper provides a comparative analysis of immunity clauses in Nigeria, the United St... more This research paper provides a comparative analysis of immunity clauses in Nigeria, the United State of America, and Australia. Immunity clauses are provisions in statutes or constitutions that exempt certain individuals or entities from legal liability. The paper examines the historical development, scope, and application of immunity clauses in each jurisdiction, highlighting the similarities and differences. The research reveals that while Nigeria's immunity clause for its potential to shield public officials from accountability, the US and Australia have more limited and nuanced approaches to immunity. It is a right peculiar to some individual or body, an exception from some general duty or burden, a personal benefit granted by law contrary to the general rule. It is recognized even by the International Court of Justice. Section 308 of the Constitution of Federal Republic of Nigeria 1999 (as amended) prohibits in clear terms, the commencement of civil and criminal proceedings against The President, Vice President, Governors and Deputy-Governors in their personal capacities; the Nigerian style of immunity is absolute in the sense that the beneficiaries of this constitutional immunity are excluded from both civil and criminal proceedings in personal capacities while in office. It is "Ratione Personnel". Immunity clause was accepted in the constitution for the purpose of protecting the dignity of the offices of those exempted, not the necessarily the individual office holder as such, so as to check a floodgate of law suits, some of which might be frivolous, that may impair government functions and cause unnecessary political distraction. It was meant to provide the incumbent a free hand and mind to perform the duties and responsibilities of his office without distractions from litigation. The "immunity Clause" has generated a serious national debate as to its retention or removal from our Constitution. This paper using the doctrinal approach, critiqued the provision of immunity clause in the Constitution, examines its pros and cons and recommends ways of curing the defect so as to promote the rule of law which is characterized by the doctrine of equality before the law under which every citizen of a country, no matter how highly placed is subject to the authority of the same law. It was recommended that the immunity clause should not be expunged from the Constitution but rather be qualified and retained. It should also not be extended to any other arm of government.
The paper reflects upon abuse of young children living in children"s homes. Beginning with a reco... more The paper reflects upon abuse of young children living in children"s homes. Beginning with a recognition of "individual abuse" it explores, first all, the reasons why children and young people are abused, including, (1) the status of children and young people in care; (2) the application of approved treatment methods; (3) the failure of managerial, organizational and inspection systems; and (4) the institutional critique and the popularity of preventive policies. Second by identifying common themes arising from these accounts, it is suggested the need to rethink the way abuse has been conceptualized over the years. Individual direct abuse, sanctioned abuse, organized systematic abuse and system outcome abuse are discussed. Finally the paper reviews recent changes in law, policy and practice, including the children"s act 2004, designed to prevent abuses. It is argued that challenges still remain in addressing structural inequalities, improving protection, balancing needs and rights, extending protection to different groups and in having a preventive vision for children"s homes
Purpose: This report considers gender diversity across a range of spaces and places, the core pur... more Purpose: This report considers gender diversity across a range of spaces and places, the core purpose of the study was to stretch as far as possible the emerging dynamics in the conception of the term gender. Methodology: The researchers adopted a desk review of related literature to interrogate theories, discussions and results to enable it reach its conclusions. Findings: The researcher notes that while the notion of gender has been troubled, there exist opportunities to trouble it further. The highlight is on the scholarship that has sought to deconstruct genders, and the binary framing of man/woman and male/female roles and relationships, through a detailed desk review, this research has sought to draw attention to the emergence of geographical bodies that force the academic world to recognize the need to pay more attention to its distinctiveness. The queering of sexuality has meant that geographers are now tracing the ways in which lesbian, gay, bisexual, transgender, intersex,...
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Papers by Grace Dafiel