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Ibrahim Imam

University of Ilorin, Public Law, Faculty Member

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I am modest, but hard working and I consistently sets firm goals for myself. Then, once I've defined the benchmarks, I take the necessary steps to achieve those milestones. I do like to be judged by individual performance and be rewarded for my efforts. I am confident in my abilities to produce and while I prepare for the worst."

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Kristina Trykhlib

Yaroslav Mudryi National Law University

Christine Carpenter

University of Pennsylvania School of Law

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Nicolaus Copernicus University

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Papers by Ibrahim Imam

Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

International and Comparative Law Review, Jun 1, 2015

Authoritarian governments are by their very nature unconstitutional. Such government thinks of th... more Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people's sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. Th is paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. Th e paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. Th e paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

Religious freedom and rule of law as panacea for human flourishing in Nigeria

Law, Religion and Human Flourishing in Africa, 2019

For over a decade now, Nigeria, and indeed the world, has witnessed conspicuous abuse of individu... more For over a decade now, Nigeria, and indeed the world, has witnessed conspicuous abuse of individual and collective rights to religious freedom. Muslims, in particular, have had to bear the brunt of this discrimination, which is not limited to worship or free expression of opinions, but even the public appearance by Muslim women in the Islamically prescribed mode of dress. 3 In many places, such as Borno, Yobe and Adamawa in the North Eastern states of Nigeria, 4 and especially in developed economies, the threats to religious freedom are calamitous. Nigerian Muslims and Christians confronting Boko Haram, Christians in Egypt and Syria, Baha'is in Iran, Shiite Muslims in Indonesia, and Sunni Muslims in Thailand and Burma-all face serious threats to their viability and even survival. This deepening abuse is closely associated with, and likely contributes to, instability, extremism, violence, poverty and underdevelopment. Astonishingly, however, opinion shapers and policy makers in the academy, secular media outlets, governments and human rights organisations continue to assign religious persecution a far lower priority than its sheer scale warrants. Nevertheless, the nature and manifestation of freedom of religion and human flourishing are an important focus for many academic disciplines today, 5 all the more so in light of the increase in claims for the

Exploring Shariah Measures for Curbing Judicial Corruption in Northern Nigeria

Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from t... more Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from this phenomenon. Corruption is so well established in the country that all efforts towards fighting corruption seem unworkable. The Nigerian government is constitutionally organized as three branches: the Legislature, Executive and the Judiciary, all under the doctrine of separation of powers. These three arms of government are expected to work under a symbiotic relationship in addressing corruption. However, the third body, which is saddled with the responsibility of interpreting the laws and determining dispute, is also affected by the menace of corruption. Thus, this study attempts to explore the Islamic perspectives on judicial corruption and its relevance to the Nigerian situation. We found that corruption within the judicial system undermined development and fighting against it under the conventional laws is unworkable. Thus, attempts should be made to employ Islamic principles to r...

An Overview of the Concept of Legislative Assembly's Immunity in Nigeria

This paper examines Legislative immunity in practice in the Nigerian democracy with reference to ... more This paper examines Legislative immunity in practice in the Nigerian democracy with reference to other jurisdiction in the world, especially the lack of standards of ethical behaviour by legislators and clear parameters for prosecution of elected officials that are greater indicator of the abuse of immunity, than the legal scope of the immunity. The meaning, historical, types of the parliamentary immunities, the waiver of the immunity, possible shortcomings and institutional approaches to limiting immunity abuse, especially as it relates to corruption. From the onset is apposite like in study of concept to examine the meaning immunity and privilege.

Judicial Activism and Intervention in the Doctrine of Political Questions in Nigeria: An Analytical Exposition

Judicial activism is today one of the most misused constitutional terms. Nigeria practices consti... more Judicial activism is today one of the most misused constitutional terms. Nigeria practices constitutional democracy with emphasis on constitutionalism. This comes with it to high rates of political activities with misuse of political powers granted in the Constitution by the political actors. Naturally, the court is called upon to wear its active posture and interpret the Constitution as it affects the political class. However, each decision of the courts interpreting the constitution against the political class is met with cries of "judicial activism" from one side of the political spectrum or the other. The other cry seems to be that the courts are encroaching into the domain of the political class thereby violating the doctrine of political questions which is essentially a function of separation of powers. The paper sees these terms as being misused and makes an analytical exposition of the term and judicial intervention into political questions in Nigeria. It contends ...

Rethinking Judicial Activism Ideology: the Nigerian Experience of the Extent and Limits of Legislative-Judicial Interactions

Authoritarian governments are by their very nature unconstitutional. Such government thinks of th... more Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly , judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates...

Impact of the judiciary on the Nigerian social and economic development

There is universal agreement that judiciary has and is playing a role in realm of social and econ... more There is universal agreement that judiciary has and is playing a role in realm of social and economic development as an independent arbiter particularly in the enforcement of rights. Consequently, creating accountable and impartial court systems that will be responsive to public needs is not enough but must also be efficient and accurate to ensure government is responsive to its constitutional obligations, secure property rights, reduce uncertainty, and promote social and economic development. Incidentally, in this new democracy, Nigeria has extends the areas of economic and social development to creative applications of the law. This is because economic and social development depends on an effective legislation and judicial system. Against this background, this article attempts to discuss linkage and impact of judicial experience in economic development. Keywords: Judiciary, Democracy, Arbiter, Right, Socio-economic, Rule of Law

Using JavaTM to Design Forensically Resistant Applications

Over the years, Java TM has become a popular language for standalone as well as web based applica... more Over the years, Java TM has become a popular language for standalone as well as web based applications. Portability and security are the major reasons for Java TM 's success and increased level of adoption in various application domains. When evaluating security, Forensics is another area with continuous increasing interest. With research progress of the previous years efficient tools for reconstructing data from improperly deleted documents are available and opened the door for a whole new set of concerns to look at to insure security. In this paper we are describing our work in progress that is related to establishing a Java TM framework that evaluates the traces left by Java TM applications in order to then be able to design forensics resistant Java TM applications.

Exploring Shariah Measures for Curbing Judicial Corruption in Northern Nigeria

Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from t... more Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from this phenomenon. Corruption is so well established in the country that all efforts towards fighting corruption seem unworkable. The Nigerian government is constitutionally organized as three branches: the Legislature, Executive and the Judiciary, all under the doctrine of separation of powers. These three arms of government are expected to work under a symbiotic relationship in addressing corruption. However, the third body, which is saddled with the responsibility of interpreting the laws and determining dispute, is also affected by the menace of corruption. Thus, this study attempts to explore the Islamic perspectives on judicial corruption and its relevance to the Nigerian situation. We found that corruption within the judicial system undermined development and fighting against it under the conventional laws is unworkable. Thus, attempts should be made to employ Islamic principles to r...

Comparative Exposition of Judicial Interventionism in the Enforcement of the Healthcare Right in Nigeria and India

Comparative and International Law Journal of Southern Africa

The significance of health to national life has made successive governments in Nigeria and India ... more The significance of health to national life has made successive governments in Nigeria and India design certain fundamental policies to regulate, control and guide healthcare service delivery. Since the incorporation of fundamental human rights into the two countries’ constitutions, the healthcare right has appeared as one of the fundamental objectives and directive principles of state policy. This requires governments to put in place policies geared towards implementing these obligations. However, regarding economic and social rights, the Nigerian judiciary has generally played a restrictive or a rather passive role in their enforcement. In contrast, Indian courts have employed a much more pragmatic approach to implementing economic and social rights. The problem with these rights is that judicial intervention resulting from a violation of the healthcare right remains a challenge because section 6(6)(c) and article 35 of the Nigerian and Indian constitutions, respectively, make eco...

Prohibition of Stay of Proceedings in Criminal Litigations under ACJA/EFCC Acts and Speedy Dispensation of Justice: Olisah Metuh V FRN (2017) 5–7 MJSC 83

African Journal of Legal Studies

Considering the reality that criminal proceedings suffer unwarranted delay due to spatial of anti... more Considering the reality that criminal proceedings suffer unwarranted delay due to spatial of antics habitually utilized by litigants to delay proceedings, this paper explores the judgment of the Supreme Court in Methu v FRN to determine whether, or not, exclusion of stay of proceedings is constitutional. The authors employed mainly doctrinal method, thus library based. It is established that antics and technicalities often employ by litigants/counsel in corruption cases constitute impediment to speedy trial of indicted individual in courts. The judgment under review validates the constitutionality of proscription of stay of proceedings and remedied the unwholesome attitude of litigants/counsel to deliberately delay/frustrate criminal proceedings. Similarly, the risk of denying the state of its synergy to fight corruption vide delay in securing expeditious hearing and trial of cases is extinguished and constitutional right of the accused, the victim of crime and the state to fair hea...

Shariah and Human Rights Perspectives on Interfaith Marriage : Challenges Impeding Its Practice in Nigeria

Islam and Civilisational Renewal

Rethinking Judicial Activism Ideology: the Nigerian Experience of the Extent and Limits of Legislative-Judicial Interactions

International Journal of African and Asian Studies, 2014

Authoritarian governments are by their very nature unconstitutional. Such government thinks of th... more Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people's sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

An Overview of the Concept of Legislative Assembly's Immunity in Nigeria

This paper examines Legislative immunity in practice in the Nigerian democracy with reference to ... more This paper examines Legislative immunity in practice in the Nigerian democracy with reference to other jurisdiction in the world, especially the lack of standards of ethical behaviour by legislators and clear parameters for prosecution of elected officials that are greater indicator of the abuse of immunity, than the legal scope of the immunity. The meaning, historical, types of the parliamentary immunities, the waiver of the immunity, possible shortcomings and institutional approaches to limiting immunity abuse, especially as it relates to corruption. From the onset is apposite like in study of concept to examine the meaning immunity and privilege.

Rights of People with Disability in Nigeria: Attitude and Commitment

African Journal of International and Comparative Law, 2016

Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

International and Comparative Law Review, Jun 1, 2015

Authoritarian governments are by their very nature unconstitutional. Such government thinks of th... more Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people's sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. Th is paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. Th e paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. Th e paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

Religious freedom and rule of law as panacea for human flourishing in Nigeria

Law, Religion and Human Flourishing in Africa, 2019

For over a decade now, Nigeria, and indeed the world, has witnessed conspicuous abuse of individu... more For over a decade now, Nigeria, and indeed the world, has witnessed conspicuous abuse of individual and collective rights to religious freedom. Muslims, in particular, have had to bear the brunt of this discrimination, which is not limited to worship or free expression of opinions, but even the public appearance by Muslim women in the Islamically prescribed mode of dress. 3 In many places, such as Borno, Yobe and Adamawa in the North Eastern states of Nigeria, 4 and especially in developed economies, the threats to religious freedom are calamitous. Nigerian Muslims and Christians confronting Boko Haram, Christians in Egypt and Syria, Baha'is in Iran, Shiite Muslims in Indonesia, and Sunni Muslims in Thailand and Burma-all face serious threats to their viability and even survival. This deepening abuse is closely associated with, and likely contributes to, instability, extremism, violence, poverty and underdevelopment. Astonishingly, however, opinion shapers and policy makers in the academy, secular media outlets, governments and human rights organisations continue to assign religious persecution a far lower priority than its sheer scale warrants. Nevertheless, the nature and manifestation of freedom of religion and human flourishing are an important focus for many academic disciplines today, 5 all the more so in light of the increase in claims for the

Exploring Shariah Measures for Curbing Judicial Corruption in Northern Nigeria

Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from t... more Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from this phenomenon. Corruption is so well established in the country that all efforts towards fighting corruption seem unworkable. The Nigerian government is constitutionally organized as three branches: the Legislature, Executive and the Judiciary, all under the doctrine of separation of powers. These three arms of government are expected to work under a symbiotic relationship in addressing corruption. However, the third body, which is saddled with the responsibility of interpreting the laws and determining dispute, is also affected by the menace of corruption. Thus, this study attempts to explore the Islamic perspectives on judicial corruption and its relevance to the Nigerian situation. We found that corruption within the judicial system undermined development and fighting against it under the conventional laws is unworkable. Thus, attempts should be made to employ Islamic principles to r...

An Overview of the Concept of Legislative Assembly's Immunity in Nigeria

This paper examines Legislative immunity in practice in the Nigerian democracy with reference to ... more This paper examines Legislative immunity in practice in the Nigerian democracy with reference to other jurisdiction in the world, especially the lack of standards of ethical behaviour by legislators and clear parameters for prosecution of elected officials that are greater indicator of the abuse of immunity, than the legal scope of the immunity. The meaning, historical, types of the parliamentary immunities, the waiver of the immunity, possible shortcomings and institutional approaches to limiting immunity abuse, especially as it relates to corruption. From the onset is apposite like in study of concept to examine the meaning immunity and privilege.

Judicial Activism and Intervention in the Doctrine of Political Questions in Nigeria: An Analytical Exposition

Judicial activism is today one of the most misused constitutional terms. Nigeria practices consti... more Judicial activism is today one of the most misused constitutional terms. Nigeria practices constitutional democracy with emphasis on constitutionalism. This comes with it to high rates of political activities with misuse of political powers granted in the Constitution by the political actors. Naturally, the court is called upon to wear its active posture and interpret the Constitution as it affects the political class. However, each decision of the courts interpreting the constitution against the political class is met with cries of "judicial activism" from one side of the political spectrum or the other. The other cry seems to be that the courts are encroaching into the domain of the political class thereby violating the doctrine of political questions which is essentially a function of separation of powers. The paper sees these terms as being misused and makes an analytical exposition of the term and judicial intervention into political questions in Nigeria. It contends ...

Rethinking Judicial Activism Ideology: the Nigerian Experience of the Extent and Limits of Legislative-Judicial Interactions

Authoritarian governments are by their very nature unconstitutional. Such government thinks of th... more Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly , judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates...

Impact of the judiciary on the Nigerian social and economic development

There is universal agreement that judiciary has and is playing a role in realm of social and econ... more There is universal agreement that judiciary has and is playing a role in realm of social and economic development as an independent arbiter particularly in the enforcement of rights. Consequently, creating accountable and impartial court systems that will be responsive to public needs is not enough but must also be efficient and accurate to ensure government is responsive to its constitutional obligations, secure property rights, reduce uncertainty, and promote social and economic development. Incidentally, in this new democracy, Nigeria has extends the areas of economic and social development to creative applications of the law. This is because economic and social development depends on an effective legislation and judicial system. Against this background, this article attempts to discuss linkage and impact of judicial experience in economic development. Keywords: Judiciary, Democracy, Arbiter, Right, Socio-economic, Rule of Law

Using JavaTM to Design Forensically Resistant Applications

Over the years, Java TM has become a popular language for standalone as well as web based applica... more Over the years, Java TM has become a popular language for standalone as well as web based applications. Portability and security are the major reasons for Java TM 's success and increased level of adoption in various application domains. When evaluating security, Forensics is another area with continuous increasing interest. With research progress of the previous years efficient tools for reconstructing data from improperly deleted documents are available and opened the door for a whole new set of concerns to look at to insure security. In this paper we are describing our work in progress that is related to establishing a Java TM framework that evaluates the traces left by Java TM applications in order to then be able to design forensics resistant Java TM applications.

Exploring Shariah Measures for Curbing Judicial Corruption in Northern Nigeria

Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from t... more Corruption is imbedded in every facet of the Nigeria polity. The judiciary is not exempted from this phenomenon. Corruption is so well established in the country that all efforts towards fighting corruption seem unworkable. The Nigerian government is constitutionally organized as three branches: the Legislature, Executive and the Judiciary, all under the doctrine of separation of powers. These three arms of government are expected to work under a symbiotic relationship in addressing corruption. However, the third body, which is saddled with the responsibility of interpreting the laws and determining dispute, is also affected by the menace of corruption. Thus, this study attempts to explore the Islamic perspectives on judicial corruption and its relevance to the Nigerian situation. We found that corruption within the judicial system undermined development and fighting against it under the conventional laws is unworkable. Thus, attempts should be made to employ Islamic principles to r...

Comparative Exposition of Judicial Interventionism in the Enforcement of the Healthcare Right in Nigeria and India

Comparative and International Law Journal of Southern Africa

The significance of health to national life has made successive governments in Nigeria and India ... more The significance of health to national life has made successive governments in Nigeria and India design certain fundamental policies to regulate, control and guide healthcare service delivery. Since the incorporation of fundamental human rights into the two countries’ constitutions, the healthcare right has appeared as one of the fundamental objectives and directive principles of state policy. This requires governments to put in place policies geared towards implementing these obligations. However, regarding economic and social rights, the Nigerian judiciary has generally played a restrictive or a rather passive role in their enforcement. In contrast, Indian courts have employed a much more pragmatic approach to implementing economic and social rights. The problem with these rights is that judicial intervention resulting from a violation of the healthcare right remains a challenge because section 6(6)(c) and article 35 of the Nigerian and Indian constitutions, respectively, make eco...

Prohibition of Stay of Proceedings in Criminal Litigations under ACJA/EFCC Acts and Speedy Dispensation of Justice: Olisah Metuh V FRN (2017) 5–7 MJSC 83

African Journal of Legal Studies

Considering the reality that criminal proceedings suffer unwarranted delay due to spatial of anti... more Considering the reality that criminal proceedings suffer unwarranted delay due to spatial of antics habitually utilized by litigants to delay proceedings, this paper explores the judgment of the Supreme Court in Methu v FRN to determine whether, or not, exclusion of stay of proceedings is constitutional. The authors employed mainly doctrinal method, thus library based. It is established that antics and technicalities often employ by litigants/counsel in corruption cases constitute impediment to speedy trial of indicted individual in courts. The judgment under review validates the constitutionality of proscription of stay of proceedings and remedied the unwholesome attitude of litigants/counsel to deliberately delay/frustrate criminal proceedings. Similarly, the risk of denying the state of its synergy to fight corruption vide delay in securing expeditious hearing and trial of cases is extinguished and constitutional right of the accused, the victim of crime and the state to fair hea...

Shariah and Human Rights Perspectives on Interfaith Marriage : Challenges Impeding Its Practice in Nigeria

Islam and Civilisational Renewal

Rethinking Judicial Activism Ideology: the Nigerian Experience of the Extent and Limits of Legislative-Judicial Interactions

International Journal of African and Asian Studies, 2014

Authoritarian governments are by their very nature unconstitutional. Such government thinks of th... more Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people's sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

An Overview of the Concept of Legislative Assembly's Immunity in Nigeria

This paper examines Legislative immunity in practice in the Nigerian democracy with reference to ... more This paper examines Legislative immunity in practice in the Nigerian democracy with reference to other jurisdiction in the world, especially the lack of standards of ethical behaviour by legislators and clear parameters for prosecution of elected officials that are greater indicator of the abuse of immunity, than the legal scope of the immunity. The meaning, historical, types of the parliamentary immunities, the waiver of the immunity, possible shortcomings and institutional approaches to limiting immunity abuse, especially as it relates to corruption. From the onset is apposite like in study of concept to examine the meaning immunity and privilege.

Rights of People with Disability in Nigeria: Attitude and Commitment

African Journal of International and Comparative Law, 2016