MASTERS IN CONSTITUTIONAL LAW AND CONSTITUTIONAL DEVELOPMENT (MCL)

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Programme Philosophy

Objective of the Programme

The under listed constitutes the core courses and elective courses relevant to the programme under consideration
i. Constitutional Development in Africa
ii. Law and Development in Africa
iii. Comparative Constitutional Law
iv. Advanced Constitutional Theory & Design
v. Regulation Law
vi. Comparative Legal Systems and Legal Pluralism
vii. Human Right Law
viii. Comparative Administrative Law
ix. Advanced Labour Law
x. Advanced Tax Law
xi. Dissertation

Courses Details
First Year

This course aims to expose students to various political activities towards constitutional Development in Nigeria and some African states. Specifically it will address the following: a. Pre-colonial rule in Africa: Pre-colonial rule in Nigeria and selected African States; the partition of Africa by European powers; the period immediately preceding direct colonial rule. b. Colonization of Africa: The pacification of pre-colonial empires/kingdoms/communities in present day Nigeria and selected parts of Africa; the era of f u l l -blown colonial rule. c. Colonial Rule and Constitutional Development in Africa: The era of consolidation of colonial administration; the indirect rule system of local administration in Nigeria and selected parts of Africa before World War II and during the war; the rise of nationalism in Nigeria and selected parts of Africa; the emergence of nationalist political associations. d. Decolonization and Constitutional Negotiations for African Independence: Anti-colonial struggle in Nigeria and selected parts of Africa; the constitutional conferences in lbadan, London and Lagos before Nigerian independence. e. ~ole ofh_.Latural Rulers in Contemporary African Government. The role of traditional rulers in Nigeria and selected parts of Africa; traditional rulers and customary arbitration; traditional rulers and land tenure system; traditional rulers and security of lives, property and public order; traditional rulers and politics in Nigeria and selected parts of Africa.

relevance of law towards influencing behavior of political agents towards national development. Specifically, the course will address the following: a. Nature of Law: Meaning of Law; Law as an instrument of regulation and its limitations; Law as an instrument of development. b. Concept of Development: Meaning of Development; nature and scope of development; instruments and strategies for development; development as a threelegged concept consisting of human development; socio-political development and economic development. c. The theory of the Developmental State: The Chinese model and its uses for Africa; the Ethiopian example. d. Theoretical relationship between Law and Development: Contributions of law and legal theory to development in Africa; comparative context of law and development in Africa; national, regional and international perspectives of law and development. e. Land, Property and Development: The land tenure system; security of land holding; secured property rights in Africa . f. Business/Entrepreneurship, Law and Development: Legal mechanisms to guarantee ease of doing business; certainty and legal enforcement of contracts.

This course aims to expose the students to constitutionalism with respect to structure, conduct and performance in different political regimes across the world namely the Presidential and Parliamentary. Specifically, the course will address the following: a. Comparative Constitutional Law: Meaning of Constitutional Law; nature and scope of Constitutional Law; nature-of comparative law and uses in Constitutional Law. b. Constitutionalism: Meaning of Constitutionalism; nature and effect of constitutional limitation on governmental powers.c. Constitution Making: Theories ofConstitution making; constitution makingprocess, bargains, negotiations and,. compromise in constitution making;constitutional autochthony andconstitutional allochthony.d. Forms of Governmente. Presidential Government: Origins andnature of Presidentialism; criticisms againstand merits of presidential government;adoption and practice of presidentialgovernment in Nigeria.f. Parliamentary/Cabinet Government: Originsand scope of Parliamentary/Cabinetgovernment; criticisms against and themerits of the government; adoption andpractice ofthe government in Nigeria.g. Constitutional Structureh. Federalism: Essential features of the federalsystem; nature and uses of comparativefederalism; meaning of normativefederalism; federalism in Nigeria and itsfuture.i. Unitarism: Nature, meaning and features ofthe unitary system.j. The Confederal System: Nature, meaningand features of the confederal system.k. Comparative overview of the federal,unitary and the confederal systems ofgovernment.I. Separation of Powers, and Checks andBalances: origin, meaning and nature ofseparation of powers; separation of powersin Nigeria; idea of checks and balances;constitutional mechanisms to guaranteechecks and balances in Nigeria.

students in order to be able to conduct legal research. Focus is on distinctive features of legal research relative to other forms research. Specifically, the course will address the following: a. Introduction to Advanced Legal Research b. Formulating Research Questions c. The Research Design d. Types of Legal Research e. Normative Research f. Doctrinal Research g. Empirical/Quantitative Legal Research h. Comparative Legal Research (analytical/critical studies) i. Tools of Legal Research

relevance of Administrative Law. Focus will be on the various institutions that are charged with the responsibility of administering the law. Specifically, the course will address the following: a. Historical development of the Common Law and the Civil Law; Public Law and Political Institutions in Common Law and Civil Law Systems. b. Administration: Terminology and meaning; scope and function of Administrative Law. c. Structure of Government; Central government; rationale for centralization; function of central government; decentralization of government and its rationale; policy of government and policy implementation; allocation of powers; administration and decision-making procedures; the Civil Service d. Legislative powers of the administration: Delegated and Subsidiary legislations and their rationale; classification, content and control of administrative rules and regulations. e. Judicial powers of the administration: Administrative tribunals, public inquiries, domestic tribunals, administrative panels, the Conseil d'Fiat.

This course aims to discuss intervening issues in the course of Constitutional development in African states. Particular attention will be given to military incursion and other insurgent activities as they affect political stability and responses of different states. Specifically, the course will address the following: a. Constitutional Development in Post-Colonial Africa: Constitutional development in Nigeria and selected parts of Africa after independence; democratic consolidation after independence; political instability after independence; consequences of political instability. b. Military/unconstitutional interventions and their impact on Constitutional Development in Africa: Origin of military intervention in Nigeria and selected parts of Afri ca; nature of military intervention; impact of milita ry rule on constitutional development in Nigeria and selected African states. c. Revival of Constitutional Government in Africa: Second and third wave of democracy in Nigeria and selected African states; the role of citizens' movement in democratization; the role of the press and civil society in democratic revival; the role of the judiciary and the international community d. Impact of Insurgency in African Constitutional Development: The problem of extremism in Nigeria and select~d parts of Africa; the challenges of insurgency and separatism; the role of religion and ethnicity in insurgency and separatists struggles in Africa. e. Future of Constitutional Government in Africa: The role of political institutions in the constitutional future of Nigeria and selected, countries in Africa; the impact of globalization; the developmental state as a guarantee for African constitutional stability.

This course aims to discuss the role of other variables in National development notably development partners, security, official corruption and government responses to tackling the challenges arising from the variables. Specifically, the course will address the following: a. Foreign Direct Investment and Development: Nature and scope of Foreign Direct Investment in the development of Africa; the relevance and impact of competition in the development of Africa. b. Constitutional Governance, Law and Development: Constitutional stability and the developmental agenda in Africa; democracy, democratization and development; control of extractive industries; and women economic empowerment. c. Rule of Law, Security and Development: Legal mechanisms to promote the rule of law; security of governance and development. d. Corruption, Economic Crimes and Development: Special/dedicated agencies for detection, investigation and prosecution of corruption and economic crimes; international efforts to stamp out corruption and economic crimes, and their impact in Africa. e. Judicial Process and Development: Nature of judicial process and its role in justice administration; development and quick dispensation of justice, alternative dispute resolution processes and their impact on development. f. MCL 807: Human Rights Law I g. This course aims to expose students to clarifications of concept of Human Rights and the practical challenges confronting concept in the process of constitutional development in Africa. Specifically, the course will address the following: h. Human Rights Ideology - Antecedents and Theoretical Bases. Page46 i. j. The notion of "Right" distinguished from "Privilege": Category of Rights. k. Generations of Rights. I. Limits and Derogations from Rights. m. Guarantees of Right in the Contemporary World: n. Universal Declaration of Rights. o. Human Rights Covenants and their Protocols. p. African Charter of Human and People's Rights. q. Other regional human rights instruments.

This course aims to examine the interrelationships and interdependence of the three tiers of government with respect to separation of powers and fusion of powers. Focus will be on how the interrelationships and interdependence have influenced democracy and democratic development. Specifically, the course will address the following:a. Legislature, Power of Appropriation and Legislative Oversight: The general structure and powers of the legislative body, unicameral and bicameral legislature; the appropriation process; legislative power of oversight and investigation; power of legislature to issue warrant of arrest; legislative privilege; control of the legislature; limits of legislative powers. b. Executive and the Public Service: the power of the president and governor; executive bodies and their role in government. c. Judicature, Judicial Review and Interpretation: composition and procedu~e of appointment of judicial officers; power of adjudication and judicial interpretation. d. Emergency Powers: Grounds for exercise of emergencies powers; scope of emergency powers and declaration of emergency. e. Constitutional Mechanism to Accommodate Ethnic/Sectional Diversities f. Federal Character Provisions g. Constitutional Alteration Provisions h. Minority Protection i. Plurality of parliamentary representation j. Electoral System: Meaning of electoral system, types of electoral system, the firstpast- the-post system, the plurality system etc; electoral districting; district magnitude and its relevance for democratic participation, redistricting and gerrymandering. k. Constitutional Mechanisms for Democratic Consolidation: The Rule of Law, public accountability, independence of the judiciary, constitutional protection of fundamental rights and minority rights, constitutional protection of opposition parties against majority party rule. I. Concept of Democratic Backsliding: Nature and meaning of Democratic Backsliding; features of democratic backsliding; mechanisms to avoid democratic backsliding.

This course aims to develop students' capacity to appreciate the interdependence of other disciplines in the humanities in legal research. Specifically, the course will address the following: a. legal History b. Socio-legal Studies/law and Society c._ law and Economics d. legal Research in the Humanities e. Structure of Research Work and Citation models

This course aims to expose students to operationalization of Human Rights in various African states. Focus is on the cross country experiences from the various countries. Specifically, the course will address the following: a. Municipal Guarantee of Human Rights. b. Historical Antecedents: c. Human Rights under the Nigerian Constitution. d. Specific Human Rights Guaranteed by the Constitution. e. Comparative Overview of Human Rights Guarantee in Africa. f. Critique of Human Rights Guarantee.

concept of Public Administration. Focus is on various legal frameworks guiding public Administration. Specifically, the course will address the following : a. Control of Public Administration: Judicial review of administrative actions; Ultra Vires Doctrine; exclusion and restriction of judicial review. b. Other Control Mechanisms over Administrative Actions: Maladministration; ombudsman; select committees; parliamentary oversight; informal popular control; protests and public opinion c. Administrative Remedies: Certiorari and prohibition; mandamus; declaration and injunction; locus standi; common law actions in torts; remedies under the driot administrative. d. Public Corporations and their role in the administrative process. e. State/Public liability in torts, contract and civil law; liability and protection of public offices. f. Right to Public Information: The Freedom of Information Act; public safety and public order and the free access to public information and public records g. Public Accountability and Public Procurement law: Public Procurement Act of Nigeria and the current global legal system of public procurement.

Second Year

This course aims to expose students to legal frameworks with respect to Industrial Concerns. Specifically, the course will address the following: a. Nature of Regulation Law b. Rationale for Government Regulation c. Constitutional Perspective d. Economic Perspective e. Policy Perspective f. Development and Regulation of Industrial Concerns. g. Take-over of Management and Control of Industrial Concerns h. Licensing Policy and the Legal Process

This course aims to introduce students to different legal systems and their sources. Specifically, the course will address the following: a. Meaning, Nature and Scope of Legal System b. Meaning, Nature and Scope Comparative Law c. Uses of Comparative Law d. The Lim its of Comparative Law e. Types of Legal Traditions f. Common Law g. Civil Law h. Customary law i. Islamic Law j. International Law

This course aims to sharpen students' knowledge on legal issues on taxation. Focus is on the rights and privi leges of the tax payers and different authorities imposing the levies. Specifically, the course wi ll address the fol lowing: a. General nature and administration of Income Tax and capital gains tax in Nigeria; the residency ru les r-e lating to individuals and trustees for tax purposes b. Jurisdictional Issues in Taxation of Incomes; constitutiona l jurisdiction of federal and state governments over taxation of income in Nigeria. c. Definition, ascertainment and Computation of income for tax purpose in re lation to income from profession and vocation; employment income and deduction and allowances (excluding capital allowances and loss relief) d. Rules of Income Tax to Individuals, incomes from Trusts, states and residence e. Uniform Taxation and agencies for administration of uniformity - Joint Tax Board f. Definition, Ascertainment and computation of chargeable gains and losses for capital gains tax an.d the rules for applying capital to individuals. g. Taxation of income from Offices and Employment: What constitutes employment; income valuation and taxation of benefits in kinds; deductible expenditure; share option and incentives scheme; golden handshakes and exemption to charges; pensions/ pensioners and personal income taxation schemes; pension/pensioners and personal taxation provisions. h. Income from Government Securities: Annuities, interests, dividends and foreign incomes; remittance re lief for interest; overdrafts; other interests; nature of annual payments and taxation i. Taxation of Estates, Trusts and administrative tax: Limited interests in residue; absolute interest in residue; taxation of trustees and persona l representatives; capital transfer tax; liability of capital transfer tax; re lief; administrative tax.

This course aims to expose to different postulates for enforcing, amending and interpreting constitutional issues. Specifically, the course will address the following: a. Theories of Constitutional Enforcements b. Theories of Constitutional Amendment (Alteration) c. Theories of Constitutional Interpretation d. Theories of Revolutionary Legality e. Autocracy and Political Stability

framework guiding different economic activities in a country. Specifica lly, the course wi ll address the fo llowing:_ a. Regu lation of the Economy b. General Nature of State Regu lation of Import and Export c. International Regime for Regulation of Trade d. Foreign Trade Policy and Law relating to Customs e. Regulation of Public/ Private Partnership

This course aims to develop the understanding of students on legal traditions and cha llenges facing legal pluralism. Specifical ly, the course will address the fo llowing: Nature of Lega l Pluralism Types of Legal Tradit ions a. Common Law b. Civillaw c. Customary Law d. Islamic Law e. International Law Challenges and future of Legal Pluralism

A student shall carry out resea rch in any area of specialization in his/her discipline and submit an acceptable dissertation of 6 credit units.

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