The Freedom of Information Act 2011: an unwieldy piece of legislation for the Nigerian courts?

Nigeria joined the trend present in other democratic nations by enacting the Freedom of Information Act (FOIA) in 2011. Now just five years old, the law intends to promote openness and transparency by making public records and information freely available to the people as part of a good governance regime. As the law provides for judicial review, torrents of applications are now before the courts. The paper analyses the FOIA against the backdrop of these decisions. In addition, this article argues that some sections of the law are clumsy and may prevent its effective use. The paper proposes law reforms to clear the ambiguity in the court cases and an amendment of the unwieldy sections. It recommends change in the internal culture of government to openness, acceptance by public institutions and willingness on the part of the judges to implement it as critical factors for FIOA success.     

Positive obligations under the African Charter on Human and Peoples’ Rights: the duty of the Nigerian Government to enact a Freedom of Information Act

Beginning with the Independence Constitution of 1960, the right to freedom of information and other civil and political rights have been guaranteed by successive Nigerian Constitutions as fundamental human rights. The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, which incorporated the provisions of the African Charter on Human and People’s Right into Nigerian law in 1983 consolidated these and a plethora of other social, economic and cultural rights and imposed a positive duty on the government to adopt legislative and other measures to give them effect. This article develops this potentially revolutionary principle of positive obligations, which amazingly remains unsung and unused more than a quarter of a century after it became an integral part of Nigerian law. The first part of the article proposes the principle as the most effective basis to compel the enactment of a Freedom of Information legislation, which successive governments have refused to enact despite overwhelming public support and sustained lobbying for a Freedom of Information Bill first introduced in the National Assembly in 1997. The second part critically analyses the latest (2007) version of the Bill. It concludes that its provisions are inadequate to give effect to the right to freedom of information in view of the legal and bureaucratic environment under which it will operate, and suggests remedial measures.     

The End of the Beginning? The Freedom of Information Bill 1999

With the publication of its plans for a Bill on Freedom of Information, the new Labour government has been accused of abandoning its promise of greater openness in the way government is conducted in this country and its proposals are seen as a departure from the highly applauded contents of the White Paper published in December 1997. The draft Bill has been pilloried by friend and foe alike. It is seen as a litmus test of Blair's government and where it really stands on the citizen/state relationship and how the future balance will lie between the executive and Parliament. The authors examine the events surrounding the publication of the Bill and its scrutiny by the pre-legislative select committees in the Commons and Lords. The Home Secretary has hinted at possible concessions in the light of fierce criticism. Is this a Bill worth saving and how can it be improved to capture a more appropriate balance between confidentiality, secrecy, and openness in the conduct of modern governance?     

The Housing and Planning Act 2016: Rewarding the Aspiration of Homeownership?

In May 2016 the Housing and Planning Act 2016 became law, the first purely Conservative government intervention on housing in England since the 1990s. This article examines the Act's key provisions pertaining to social housing and the government's stated aim of increasing rates of homeownership. The Act, through the Starter Homes Scheme, extension of the right to buy to housing association tenants and changes to security of tenure in the social sector, has been heralded as a ‘landmark’ piece of legislation. This article scrutinises these policy measures and assesses their effectiveness and likely impact. It is contended that the Act exposes the government's promotion of homeownership above all other housing tenures. The article further explores the deep moralisation at the heart of the homeownership narrative and the intensification in the residualisation of social housing in England which, it is argued, is the inevitable consequence of the reforms.     

Detection and analysis of DNA mixtures with the MiSeq FGx®

Recognizing and interpreting mixtures are challenges that occur frequently in forensic casework. Therefore, any new analysis methods that are implemented must handle the challenges of mixed forensic samples. Next generation sequencing offers advantages over capillary electrophoresis in amplicon multiplexing and degraded sample analysis; however, advantages with mixed samples rely heavily on the advancement of user-friendly analysis software. This research analyzed samples with the ForenSeq™ DNA Signature Prep Kit on the MiSeq FGx® and compared them with the GlobalFiler™ STR Kit for capillary electrophoresis. Metrics tested for both chemistries included concordance, limits of detection, and mixture analysis. Data analysis for mixture samples was completed with the MixtureAce™ plug-in and ArmedXpert™ software. Next generation sequencing offered distinct advantages in limits of detection and isoallele heterozygosity but suffered from increased variability in stutter and allele count ratios compared to capillary electrophoresis.     

Finger in the Dyke or the Floodgates Stemmed? Sections 29–40 of the Employment Act 2002

This article considers Sections 29–40 of the Employment Act 2002 in the context of post-War developments in labour relations culminating in the National Industrial Relations Court. It considers the development of Employment Tribunal which rather than being the last resort intended by the legislators, has become the first resort of complainants, often for trivial matters by employees; or by employers taking an extremely broad view of Gross Misconduct by employees. Due to the volume of cases and the shortage of Chairs, cases are constantly delayed and postponed. The article posits that these are the principle reason behind the framing of Sections 29–40 of the Employment Act 2002 which introduced a new Section 9(1)(a) into the Employment Tribunals Act 1995. This has given the Chair of an Employment Tribunal the authority to strike out a weak case at a Pre-Hearing Review that will strike the case out once and for all at this juncture. The aim is to encourage employers to have proper procedures and for employees to follow them. This article suggests that in fact the reforms will have the opposite effect; that they have introduced another layer of legal complexity which will further increase the number of cases brought before the Employment Tribunal.     

Rights by Fortune or Fight? Reexamining the Addition of Sex to Title VII of the Civil Rights Act

It is widely believed that the extension of protection against employment discrimination to women through Title VII of the Civil Rights Act (CRA) was a fluke, the product of an attempted “killer amendment” by civil rights opponents gone awry. My analysis challenges this conventional wisdom, showing that the coalition of Republicans and southern Democrats in support of the sex amendment to Title VII was consistent with broader patterns of support for the Equal Rights Amendment (ERA) in the early to mid‐20th century. In other words, support appears to have been sincere, not sophisticated—proponents preferred a CRA with the sex amendment to one without. I proceed to show that concern about the direct impact on women, and not simply the instrumental impact on labor, played an important role in motivating this support. But, I also find reason for caution in interpreting support for workplace rights as evidence of broad support for women's rights at this time.     

Part One of the Employment Act 2008: 'Better' Dispute Resolution?

This article will analyse Part One of the Employment Act 2008on employment dispute resolution and in particular the repealof the statutory workplace dispute resolution procedures onlyfour years after Regulations implemented them. It will beginby considering the background of increasing tribunal caseloadthat led to their introduction in the first place. Later sectionswill examine the replacement of these statutory procedures withwhat Ministers described as the triple package of a new AdvisoryConciliation and Arbitration Service (‘ACAS’) helpline,increased ACAS conciliation and a revised ACAS Code. The languageof repeal and the Act's reintroduction of the Polkey line ofcases might suggest that dismissal law is merely reverting backto its pre October 2004 position. This article will, however,conclude that Part One does not just ‘simplify’dismissal law, or ‘return’ the law to September2004 or indeed to any other time frame. Instead, it weakenskey procedural protections for employees potentially by conflatingthe 2002 Act's different tests of ‘automatically’unfair and ‘ordinarily’ unfair dismissals, for example.Lowering standards of procedural justice is significant in itselfbut this takes added importance for dismissed employees as tribunalsrarely investigate the substantive fairness of dismissals.     

Inventing and patenting activities of scientists: in the expectation of money or reputation?

We propose that scientists use patents/invention disclosures as signals to gain reputation than financial benefits. Based on a newly created dataset on the commercial activities among 2,500 scientists affiliated with 67 institutes of the German Max Planck Society, we explore the relation between the expectations of scientists concerning the outcomes of commercial activities and the likelihood of their patenting and disclosure behaviors. We find that expectation of gaining financial benefits are not related with the patenting activities of scientists without industrial cooperation. Instead, their expectation to gain/increase reputation through commercial activities is correlated with their patenting and disclosures activities. This may in turn also increase the possibility to gain academic promotion, financial benefits through industrial collaboration etc., rather than the immediate personal financial gains.