Papers by Kalu Kingsley Anele
Criminal Law Forum, Jun 28, 2023
Journal of Korean Law, 2020
Comparative and International Law Journal of Southern Africa
Nigeria and South Africa are the biggest economies in Africa, and they engage in substantial ship... more Nigeria and South Africa are the biggest economies in Africa, and they engage in substantial shipping and international trade. Therefore, effective shipping and trade legislation is a requisite for the resolution of disputes that may arise, and ship arrest is an important mechanism to resolve such disputes. This article employs the doctrinal legal methodology to reach a comparative analysis of ship arrest procedures in Nigeria and South Africa, and argues that the South African legal framework regarding ship arrest is more liberal and friendly than that of Nigeria. Given the plethora of trade arrangements involving both countries, this article recommends that Nigeria adopts some of the unique provisions of the South African arrest regime through legislation. It is also suggested that Nigerian courts should interpret the admiralty jurisdiction legal instruments to align with the local needs of the country.
Journal of Corporate and Commercial Law & Practice, The
Class actions remain one of the most plausible mechanisms to aggregate and ventilate corporate gr... more Class actions remain one of the most plausible mechanisms to aggregate and ventilate corporate grievances in court effectively. Despite its advantages, including recurrent corporate malfeasance, the class action procedure in Nigeria is limited in scope. This article uses a comparative analysis methodology and the class action regime in the United States (US), which is general in nature under Rule 23, to interrogate the application of the procedure in Nigeria. It argues that Nigeria’s extant class action legal framework is limited in scope since it focuses only on intellectual property infringements. By comparatively analysing the application of Rule 23 in the US in bankruptcy, competition, securities, and human rights cases, the article submits that introducing a general class action framework is imperative in Nigeria. Consequently, this article suggests using legislation, courts, public enlightenment strategy, and guidelines for attorney fees to introduce, strengthen, and implement...
Journal of comparative law in Africa, 2022
International Journal of Cultural and Art Studies
This paper aims to fill the gap in the marketing of Batik and Adire. The methodology deployed is ... more This paper aims to fill the gap in the marketing of Batik and Adire. The methodology deployed is a comparative analysis of literature and legal instruments. The paper also uses data to comparatively analyze the impact of the marketing of Batik and Adire in the creative industries in Indonesia and Nigeria. The paper's findings show that both fabrics share some commonalities in making them, and their designs have sociocultural meanings. They contribute to sustainable socio-economic and cultural development of both countries. Moreover, both fabrics have cultural, aesthetic, artistic, and religious values. They play significant roles in tourism, art-craft, the creative industry, and the way of life of Indonesians and Nigerians. Both fabrics require similar measures to enhance their marketing strategies given their marketing limitations. Conclusively, common measures can be used to enhance the marketing of both fabrics in terms of the use of technology. Hence, both countries should p...
Indonesia Law Review
Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the ... more Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the availability of art-crafts, cultural heritage, and cultures but also coastal states that rely heavily on shipping for their economic development. The existence of art-crafts and cultural heritage also means that there are thriving tourism sectors and creative industries in both countries. Nonetheless, the spate of piratical attacks off the waters of Nigeria and Indonesia potentially threatens the economic and sociopolitical significance of art-craft, particularly in the exportation of art-craft items and the importation of materials for art-craft production, in both countries. Moreover, piracy threatens logistics in tourism in both countries, which depends on the art-craft industry for its sustenance. Also, piratical acts threaten the transportation of foreign tourists visiting tourist destinations in Nigeria and Indonesia. Thus, it becomes imperative to secure the transportation of people and art-craft items and materials through the sea to Nigeria and Indonesia. The paper argues that similar antipiracy measures can contribute to preventing piracy from affecting the art-craft industries in Nigeria and Indonesia, like strengthening piracy legal and institutional regime and cooperation among relevant stakeholders, especially neighboring countries, maritime organizations, and the shipping industry. The paper concludes by reiterating that though piratical attacks against vessels transporting art-craft items and materials have not been recorded, the incessant piratical acts off the waters of Nigeria and Indonesia suggest that attacks on vessels involved in the art-craft industry are imminent, and therefore, should be nipped in the bud.
나이지리아 영해는 유조선을 포함한 해상교통량의 증대로 해적활동의 주요 근거지가 되고 있다. 이러한 해상 불법행위는 해적행위를 근절시키겠다는 나이지리아 정부의 의지가 부족할뿐만... more 나이지리아 영해는 유조선을 포함한 해상교통량의 증대로 해적활동의 주요 근거지가 되고 있다. 이러한 해상 불법행위는 해적행위를 근절시키겠다는 나이지리아 정부의 의지가 부족할뿐만 아니라 보안요원, 정치인, 석유회사 및 정부간 결탁된 부패의 결과 근절되지 않고 계속되고 있다. 따라서 이 논문에서는 나이지리아 영해에서의 해적행위 대응을 위하여 항만국 통제의 활용을...
Journal of Korean Traditional Costume, 2021
Journal of Korean Traditional Costume, 2019
Commonwealth Law Bulletin, 2019
Ocean Policy Research, 2015
The implementation and enforcement of international maritime security instruments is pivotal to t... more The implementation and enforcement of international maritime security instruments is pivotal to the suppression of piracy. Member states of the International Maritime Organisation are therefore expected to fulfill their treaty obligations in relation to securing the shipping industry. The International Maritime Organisation lacks the power to implement and enforce these security instruments which makes it difficult to monitor member states’ implementation of their treaty obligations. As a consequence, the regime of Voluntary IMO Member State Audit Scheme allows member states to voluntarily access their performance regarding the implementation and enforcement of mandatory International Maritime Organisation conventions and other related instruments, through a third party. The implementation of maritime security instruments is an integral part of the multifaceted approach towards suppressing global piracy. Considering the nature of piracy in Nigeria, this paper argues that the use of Voluntary IMO Member State Audit Scheme complements the fight against piracy in the country.
WMU Journal of Maritime Affairs, 2016
Piracy off the coast of Nigeria portends grave danger to the economic, security, and sociopolitic... more Piracy off the coast of Nigeria portends grave danger to the economic, security, and sociopolitical development of the country. It also threatens both international and regional trade as well as the stability of the West African sub-region. Despite Nigerian government's attempts to curb piracy caused by poverty, unemployment, including corrupt and weak maritime regulatory and security institutions, attacks by pirates have continued to occur off the country's coast. Consequent upon the adverse effects of piratical attacks on their day to day activities, seafarers can facilitate the suppression of piracy off the Nigerian coast. This paper uses statistics, provisions of international instruments and domestic legislations, the United Nations Security Council resolutions, soft laws, and opinions of researchers to examine the nature, causes, and effects of piracy on seafarers in Nigeria. The author argues that seafarers are necessary partners to curb piracy off the coast of Nigeria through enforcing maritime security conventions and other related instruments as well as testifying against pirates during trials. In conclusion, this paper contends that acts of piracy adversely affect crew members' life, health, family, job, and finance thereby providing an overwhelming motivation for seafarers to play a role in suppressing piracy off the Nigerian coast.
Journal of Navigation and Port Research, 2015
The rising spate of piracy in Nigeria's territorial waters has become a burden on the economic de... more The rising spate of piracy in Nigeria's territorial waters has become a burden on the economic development of the country. It has adversely affected the exportation of crude oil, which is the mainstay of the country's economy. Pirates target and hijack vessels carrying oil and gas, thus reducing the revenue accruable to the country from selling these resources. Piracy also affects the fishing industry which is another source of revenue to the country. Nigeria, as an import dependent country, relies on the importation of finished goods, and this is seriously affected by piracy. This study briefly examines the root causes of piracy in Nigeria. Further, the study interrogates the effects of piracy, identifies the challenges in the suppression of the crime and proffers suggestions toward suppressing the crime in the country. Against this backdrop, the study argues, among other things, that an expansive definition of piracy is key in the fight against this maritime crime in Nigeria, because the present legal regime is restrictive and limited in scope, thus, it does not reflect the modern piratical acts. More importantly, Nigeria must criminalise piracy in its domestic law in other to police its territorial waters, capture and prosecute pirates in its local courts.
European Journal of Comparative Law and Governance, 2019
Though Nigeria is inundated with human rights abuses, there is no procedure that could effectivel... more Though Nigeria is inundated with human rights abuses, there is no procedure that could effectively accommodate a large number of victims in one litigation beside class action. Class litigation is limited in scope in Nigeria; hence, it cannot be applied in human rights cases. This has culminated in a culture of impunity by corporations in the country. This paper uses the class action legal regime in the United States to argue that the statutory introduction of a general class litigation regime will adequately address human rights violations in Nigeria. The author submits that beyond the legislative introduction of a general class action legal framework in Nigeria; judges should exercise their wide discretion as envisaged by the Nigerian constitution in civil matters to adjudicate human rights class litigations. Also, there is need to enlighten Nigerians of their human rights and an efficient procedure to address their violations: class action procedure.
Lentera Hukum
Although impeachment as the outcome of constitutionalism is significant in good governance, narro... more Although impeachment as the outcome of constitutionalism is significant in good governance, narrow political affiliations, institutional corruption, and the absence of democratic tenets among politicians hamper its proper application in Nigeria and Indonesia. The impeachment in both countries reveals a weaponization of the process for parochial gains and there is a penchant for using the process to remove elected officials for personal and political reasons. This study comparatively analyzes the impeachment procedures in Nigeria and Indonesia to suggest measures to strengthen and safeguard the procedures from abuse. The methodology deployed in this study is essentially a desk review of both primary and secondary materials. Given the comparative analysis of the commonalities and variant impeachment procedures in Nigeria and Indonesia, the application of the constitutional provisions for impeachment in both countries remains fraught with neo-patrimonialism and narrow party considerati...
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Papers by Kalu Kingsley Anele