MISTAKES OR OMISSIONS BY COURT OFFICIALS IN NIGERIAEFFECTS ON LITIGANTS AND EXCEPTIONS THERETO
PROF OBIARAERI, N. O., FACULTY OF LAW, IMO STATE UNIVERSITY, OWERRI, NIGERIA.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17657237 | Page 01 to 10
Abstract
The position of the law and exceptions to the effect of mistakes or omissions made by Court officials on litigants has continued to generate endless objections in Court leading to waste of precious time of the Court. Given the frequency of this objection in the adjudicatory ecosystem, this paper deployed the doctrinal research method to examine decisions of Courts on variants of mistakes made by Court officials and the judicial attitude towards them. The paper established that as a general rule, mistakes of officials of Court are treated as mere administrative lapses that do not count against litigants. This is however subject to the exception that a litigant will bear the brunt if it is shown that he occasioned the mistake or connived or had full knowledge, encouraged, instigated, condoned, approved the said action or act. In order to reduce the frequency of this type of objections by aggrieved parties, it was recommended that the Rules of Court should be amended to expressly state that mistakes by Court officials are mere administrative irregularities. Furthermore, the Rules of Court should also contain circumstances when the act of a litigant that led to inadvertence or mistake of the Court official will count against the litigant.
Keywords: administrative, Court, irregularity, mistake, registry.
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Rethinking Mediation as a Viable Alternative Dispute Resolution Mechanism in Effective Conflict Management
Amos Ojo Adedeji, Ph. D, Centre for Peace and Strategic Studies, University of Ilorin, Ilorin, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17638566 | Page 01 to 21
Abstract
The realm of Alternative Dispute Resolution has expanded dramatically due the setback court system brought to justice delivery across the globe. The study examined mediation as a viable alternative dispute resolution mechanism in effective conflict management. The work adopted a change management theory as its theoretical structure. A descriptive method of research was adopted to carry out the task of the paper. Hence, the data gathering is limited to secondary sources. The study found that mediation has become an efficient process of resolving dispute with almost maximum record of success due to its compassionate disposition, satisfactory decision, legitimacy, and cooperative tenet among others. Despite its overwhelming merits over litigation, a number of flaws among perception of favouritism, inadequate training, lack of precedent, and uncertainty outcome were identified by the work. The study concluded that reawaken of mediation process as a means of conflict resolution was to assist in identifying and healing the inadequate of court system. The study recommended general awareness of the principle of mediation to dispel perception of favouritism, effective and constant training of mediators, documentation of cases handled by mediation centre and binding mediation process. Greater publicity of the existence and activities of mediation process is also pivotal.
Keywords: Alternative Dispute Resolution, Conflict Resolution, Justice Delivery, Litigation, Mediation.
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CULPABILITY REVISITED: TRAJECTORIES AND DEBATES IN MODERN GERMAN DOCTRINE
Sebástian Borges de Albuquerque Mello, Universidade Federal da Bahia, Public Law Department.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17638251 | Page 01 to 30
Abstract
This paper aims to analyze the evolution of the concept of criminal responsibility, highlighting the transition from traditional systems that adopted collective punishment and objective liability toward a modern understanding that links responsibility to culpability, understood as the psychological and moral relationship between the individual and the unlawful act. Furthermore, the study seeks to examine the role of culpability as a principle, foundation, and limit of criminal intervention, emphasizing its relevance to the individualization of responsibility and the legitimacy of punishment. The methodology adopted consists of a theoretical approach grounded in a critical analysis of legal, philosophical, and criminological doctrines, as well as a historical examination of the development of the concept of culpability in criminal law, with emphasis on its origin, evolution, and practical application.
Keywords: culpability, criminal responsibility, individualization of punishment, legitimacy of punishment, historical evolution of criminal law
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Unveiling the Economic Potential of Universal Destination of Goods
Bruno Petrušić, The economy of Francesco Academy Split, Croatia.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17610299 | Page 01 to 17
Abstract
When Pope Francis sharply criticized the dominant economic model, he opened a wide public debate on justice, sustainability, and human dignity. This debate, though now more moderate, can help us recognize the narrative capital, as described by Luigino Bruni, that the Church offers to enrich economic thought. This narrative is the principle of the universal destination of goods, one of the key foundations of Catholic social teaching. This principle highlights that the legitimate right to private ownership is not absolute but always oriented toward the common good. Within this transcendent framework, ownership, private or collective, finds its true meaning and purpose in service to all. In recent decades, the economy itself has been seeking new, more just and sustainable structures. Among them, impact entrepreneurship and steward ownership can be understood, through the theology of the signs of the times, as concrete applications of the principle of the universal destination of goods. This article therefore outlines Pope Francis’s critique of contemporary capitalism, traces the continuity of Catholic social teaching, and explores how these emerging economic models embody its ethical insights. The purpose of the economy, ultimately, is not the accumulation of wealth but the fair and life-giving circulation of capital, goods, and services in the service of the common good.
Keywords: universal destination of goods, Catholic social teaching, economy, ownership, narrative capital.
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Diaspora Remittances and Sustainable Development in Nigeria: An Empirical Analysis, 2010-2024
Nduonofit Okon Isana Ph. D, Department of History and Diplomatic Studies, University of Abuja.
Success Ademeso Ph. D, Department of Public Administration, Faculty of Management Sciences, University of Abuja.
Bulus Maiyaki Ph. D, Department of Public Administration, Faculty of Management Sciences, University of Abuja.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17529254 | Page 01 to 18
Abstract
This study critically examines the role of diaspora remittances in promoting economic sustainability in Nigeria from 2010 to 2024. During this period, Nigeria emerged as one of the top remittance-receiving countries in Sub-Saharan Africa, with inflows from its global diaspora consistently surpassing Foreign Direct Investment (FDI) and Official Development Assistance (ODA). The research explores the magnitude, channels, and utilization of remittances, and evaluates their impact on macroeconomic stability, poverty alleviation, and long-term development. Key findings reveal that remittance inflows to Nigeria averaged over $20 billion annually during the period, peaking at $25 billion in 2018, accounting for approximately 6% of GDP. However, the study also identifies structural challenges that limit the transformative potential of remittances. These include high transaction costs, informal transfer channels, weak financial infrastructure, and limited integration of remittances into formal investment frameworks. Moreover, the study recommends the adoption of a coherent national diaspora policy and adequate data tracking mechanisms in order to effectively assess the contribution of diaspora remittances to economic sustainability in Nigeria. The study concludes that diaspora remittances were a vital component of Nigeria’s economy, contributing signif.icantly to economic sustainability.
Keywords: diaspora remittances, sustainable development, Nigeria, economic sustainability, poverty alleviation, housing development, COVID-19 pandemic.
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Women and Culture in Christian Worship: Examining Restrictions against Feminists' Liturgical Engagement in the Sacred Space
Matthew Voke E. Amuro, Baptist Theological Seminary, Eku, Delta State, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17529169 | Page 01 to 15
Abstract
This paper examines some constraints facing women in the sacred space regarding their liturgical engagements in Christian worship. It analyses how these perceptions continue to reshape understandings of the sacred space. Historically, patriarchal systems that determine religious authority or spiritual leadership, as well as cultural interpretations of Scripture, have limited women’s involvement in worship in many Christian traditions. However, recent surges of prayer ministries operated by women have introduced new ways of seeing their role in engaging prayer, praise, and liturgical expression as acts of spiritual resistance and renewal. In-depth studies of women’s prayer and praise practices, including historical, theological, and cultural aspects, show that they are more than devotional acts. Theological statements also support equality, inclusion, and the divine presence beyond gendered limits. This study examines how feminist viewpoints reinterpret religious sensitivities to recover women’s role in worship. It concludes that feminist liturgical engagement in the sacred space invites the church to rethink worship as a transformative encounter where spirituality and gender converge for holistic renewal of Christian faith and community.
Keywords: Women, Culture, Christian Worship, Feminism, Prayer, Praise, Sacred Space, Theology, Gender.
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Understanding the Nigerian Law of Defamation, the Inhibitions and Prospects for Nigerian Journalists
Obinna Johnkennedy Chukwu, Ph. D, BL, Department of Mass Communication, Edo State University, Iyamho, Edo State, Nigeria.
Daniel Edekin Evbotokhai, Department of Mass Communication, Edo State University, Iyamho, Edo State, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17528833 | Page 01 to 16
Abstract
This study predicated on Marketplace of Ideas Theory, seeks to understand the law of defamation, the inhibitions and the prospects for Nigerian journalists. The study also traversed the Nigerian law of defamation and the concomitant issues that might stiffen freedom of expression, as well as restrict journalists from functioning effectively in the field of journalism, amongst others. Findings indicate that enormous inhibitions exist, such as chilling effect on freedom of expression, high cost and lengthy legal process, as well as ambiguous legal standards, amongst others. The study concludes that all these have frightening effects on journalists’ ability to discharge its functions unfettered. However, the study recommends, amongst other things, legal reforms and strategic training for journalists on understanding and positive navigation of law of defamation.
Keywords: Understanding, Law of Defamation, Inhibition, Prospect, Journalists
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The Future Perfect Conditional of Being: Temporality, Modality, and the Ontology of the Unrealized
Euclides Barbosa Ramos de Souza, English Teacher in Speak Up English Course master’s in philosophy of Language.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17523495 | Page 01 to 21
Abstract
This paper explores the concept of the future perfect conditional of Being as both a grammatical phenomenon and a metaphysical thesis. We argue that this tense embodies the paradox of human existence: the self as always suspended between actuality and unrealized possibility. Drawing from continental philosophy (Augustine’s distentio animi, Heidegger’s existential temporality, Sartre’s nothingness, and Ricoeur’s narrative identity) and analytic philosophy (Lewis’s modal realism, Kripke’s rigid designators, Stalnaker’s nearest-world semantics, and Fine’s essence beyond modality), we construct a hybrid ontology of conditional existence. The paper proceeds in three movements: (1) analysis of temporality as incompleteness, (2) analysis of counterfactual modality as structural to identity, and (3) synthesis into an ontology of the unrealized. We then engage rival traditions, including Quine’s skepticism about modality, Derrida’s différance, and Deleuze’s virtuality, to defend the thesis against objections. Results demonstrate a fundamental convergence between continental and analytic approaches: both traditions reveal that existence is constituted not only by actuality but by unrealized conditional states. The analysis shows that the “would-have-been” functions as both a phenomenological structure of lived experience and a logical operator in modal semantics, establishing conditionality as an ontological principle rather than merely a grammatical curiosity. Finally, we sketch ethical, theological, and political implications of conditional Being, revealing how responsibility extends beyond actual deeds to encompass foreclosed possibilities, how divine foreknowledge operates through counterfactuals, and how political consciousness is structured by unrealized futures.
Keywords: temporality, modality, counterfactuals, conditional being, grammar
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