Afolasade Abidemi Adewumi

This research responds to the debates over who should own Benin objects returned to Nigeria and the news about the Oba of Benin commenting, prior to 2023, that the Benin objects to be returned to Nigeria should be returned to him and not the federal government. This article uncovers the perceptions of the members of the Igun community, many of whom are the descendants of the Igun guild that produced the Benin objects that were carted away from Benin Kingdom during the 1897 Expedition. Using a survey questionnaire and in-depth interviews, the article examines the perceptions of the Igun community about the Benin objects and the effect of the expedition on Benin art and heritage. The findings reveal that many believe the Benin objects should be returned to the Oba, who is the custodian of Benin culture and heritage. The respondents are also in agreement that the expedition, although brutal, nonetheless brought Benin art and heritage into the limelight. The article also carries out a critique of the Executive Order Notice No. 25, Order No. 1 of 2023, and concludes by stating that though the executive order is invalid, its invalidity is inconsequential with respect to the dictates of customary law, human rights law, and international law.

Globalisation and social transformation have impinged upon Intangible Cultural Heritage (ICH) which is the foundation on which a nation’s identity and knowledge is built. Safeguarding and protecting it, therefore, is beneficial to understanding the present and charting the way forward for the future identities and development. Traditional Cultural Expressions (TCE) have over time suffered from misappropriation by the actions of people outside a traditional community. The development of technology has greatly enhanced this misappropriation on a world-wide scale with no benefits accruing to the traditional communities that originally own the expressions. With COVID 19 lockdown and social distancing, several sectors of the society have moved on to the use of technology to ensure that they remain relevant as technological advancement through scientific progress is a way of expressing the right to cultural life. This article appraised ICH, the problems of protection and focussed on Nigeria using traditional craftmanship as a case study. The article proffered modalities for safeguarding, most especially in this era of technological advancement amidst COVID-19 pandemic.

Over the years, our perspective on cultural heritage has undergone changes. The field has become more diverse, requiring solution-focused approaches to address the underlying problems associated with cultural heritage. One significant challenge is the issue of restitution, which is considered a major failure of international cultural heritage law. How can international cultural heritage law completely heal historical wounds instead of merely offering empty hopes to those who have suffered? Simply acknowledging past wrongs by offending states is insufficient, and it does not align with the fundamental legal principle that where there is a wrong, there should be a remedy (ubi jus ibi remedium). Despite the considerable growth in the jurisprudence of international cultural heritage law, there remains a pressing need to consolidate the legal framework to facilitate the restitution of stolen or looted cultural objects. This article argues that the prohibition of plunder and pillage of cultural property constitutes a jus cogens rule of international law. Its violation therefore gives rise to an unconditional obligation to restitute such property.

The quest for the restitution of cultural property has not been an easy endeavour. Despite the availability of multiple legal regimes securing various channels for the restitution of cultural property, improvement has been quite sluggish. This article argues that the debacle to the restitution process lies in the simultaneous operation of two diametrically opposed conceptions of cultural property- the nationalist and internationalist schools of thought. The 1954 Hague Convention sees cultural property as the cultural heritage of all mankind whilst the 1970 Convention takes the view that it is the cultural heritage designated by each country. These two approaches have been used to characterise nations theoretically in the international arena into source nations with nationalistic interests and market nations with international concerns. The conflict between both conceptions of cultural property becomes evident where the nationalists seek to employ legal and extra-legal means to protect their cultural heritage and facilitate their return and restitution; whereas, internationalists sabotage these efforts on the ground that cultural heritage is the common heritage of mankind thereby contradicting the notion of return. This article finds that although both schools of thought have divergent propositions, they nonetheless share a common theoretical underpinning- utilitarianism, which validates their respective ideologies. Since utilitarianism supports the maximisation of the overall happiness of a collective group, nationalists can predicate the protection of their cultural heritage on the need to secure this happiness just like the internationalists. This article, therefore, seeks to examine if the common theoretical foundation which both schools of thought share can serve as a reconciliatory tool that bridges the gap between them towards the promotion of the interest of the international community in protecting cultural heritage.

Built heritage has been and is being threatened by natural and man-made factors such as urbanisation, climate change, civil unrest, and activities of extractive industries among others. These factors have led to the destruction of built heritage culminating in a gap in the cultural history and identity of the people. Over the years, in every country, there have been different regimes that have regulated the preservation and sustainability of built heritage sites, ranging from the traditional pre-colonial era, the colonial era and the post-colonial era. This article from the perspective of law and history, examines the trajectory of the heritage management systems over the years in Nigeria to identify necessary areas of improvements that are needed to adequately manage and protect built heritage against the identified endangering factor of urban development. From its comprehensive analysis, this paper argues that in-order to adequately manage built heritage, it is important to adopt a holistic approach that will require the harmonisation of the various heritage management systems while taking steps to document indigenous conservation methods. On the other hand, harmonisation of all heritage laws with town planning laws is essential for sustainability.

This research responds to the recent destruction of cultural heritage in Nigeria during the protest against police brutality meted out on the populace by a unit of the Nigerian police force known as the Special Anti-Robbery Squad. This article uncovers issues implicated in the destruction of the Iga Idunganran, a national monument. Through a survey questionnaire, the article determines the perceptions of people about African traditional religion and the knowledge of people about the value and significance of heritage loss occasioned by the recent destruction of the palace. Findings reveal that many Nigerians are unaware of the value and significance of the palace as heritage that is essential to societal development. Many Nigerians are suffering from an identity crisis because of colonization. The Nigerian government has not fulfilled its role in protecting cultural heritage. The Nigerian government needs to put structures in place to implement its commitment at the national level.

The Council of Legal Education, which is the regulatory body for the legal profession in Nigeria, has made it clear over the years that the training of lawyers cannot be adequately carried out through correspondence or distance learning, which can be interpreted as online learning or remote learning. As a response to the COVID-19 pandemic lockdown, various online teaching and learning methods were adopted by educational institutions all over the world, to ensure the continuity of the learning process, truncated by the pandemic. This study, carried out through a multidisciplinary approach, is an assessment of the perception of students on the level of effectiveness of COVID-19-imposed online teaching and learning, especially, in comparison with the traditional classroom setting among legal education students in Nigeria. From the study, it was observed that students perceived the online learning method to be more effective than the traditional face-to-face method of delivery but were less focused during the online classes as compared to physical classes. Furthermore, many of the students opined that online classes should be discontinued after the lockdown. Despite students’ distractions during online learning, there is a need to recognize that online learning is a panacea for the crisis at hand (the COVID-19 pandemic), and for as long as it lasts, there may not be a complete return to the physical classroom setting. The study suggests ways of minimizing the challenges that students who do not find online learning effective face with its use, while also calling on the Council of Legal Education to revisit its stance towards the adoption of online learning as a suitable teaching method to be incorporated into legal education.

Globalisation and social transformation have impinged upon Intangible Cultural Heritage (ICH) which is the foundation on which a nation’s identity and knowledge is built. Safeguarding and protecting it, therefore, is beneficial to understanding the present and charting the way forward for the future identities and development. Traditional Cultural Expressions (TCE) have over time suffered from misappropriation by the actions of people outside a traditional community. The development of technology has greatly enhanced this misappropriation on a world-wide scale with no benefits accruing to the traditional communities that originally own the expressions. With COVID 19 lockdown and social distancing, several sectors of the society have moved on to the use of technology to ensure that they remain relevant as technological advancement through scientific progress is a way of expressing the right to cultural life. This article appraised ICH, the problems of protection and focussed on Nigeria using traditional craftmanship as a case study. The article proffered modalities for safeguarding, most especially in this era of technological advancement amidst COVID-19 pandemic.

Nigeria’s indigenous people, found in the Niger Delta area, have for many years experienced developmental challenges associated with oil exploration. The region has been perennially engulfed in various forms of agitation pertaining to self-government and resource control. Over the years, attempts to solve these problems have been merely palliative, basically due to local stakeholders’ perception that they are excluded from decision making about the issues that affect their existence. For many years, the Nigerian government has grappled unsuccessfully with the challenge of fostering broad-based participation and stakeholder engagement in the Niger Delta. This article contends that the problems which have arisen can be addressed through the ratification of the International Labour Organization (ILO) Convention 169 by the Nigerian government. Owing to a recent constitutional alteration in Nigeria, the ILO Convention 169 will not require domestication, arguably, making it a ready and viable toolkit for the progressive realization of participatory rights in the Niger Delta. Keywords: Niger Delta, ILO, constitution, human rights, pollution, participation.