Unpacking Nigeria’s Same-sex Marriage (Prohibition) Act

Introduction

In 2013, Nigeria made headlines with the passage of the Same-Sex Marriage (Prohibition) Act, a legislation that not only reinforced traditional notions of marriage but also criminalized same-sex relationships.

This Act has stirred significant debate, not only within Nigeria but also on the international stage, raising questions about the intersection of marriage, tradition, and human rights.

This article aims to delve into the specifics of Nigeria’s Same-Sex Marriage (Prohibition) Act, examining its legal provisions and exploring its impact on both marriage dynamics and the LGBTQ+ community.

By unpacking the complexities of this legislation, we seek to understand the practical implications it has had on individuals and society at large. Join me as I navigate through the legal and social landscape shaped by this controversial law, aiming to shed light on its implications for marriage and LGBTQ+ rights in Nigeria.

What is Marriage?

Marriage according to the Black’s Law Dictionary is the civil status of one man and one woman United in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex.

Another legal definition of marriage was given in landmark case of Hyde v. Hyde,[1] which was heard 20th March 1866 before Lord Penzance and this established the common law definition of marriage.

In this case, John Hyde, an English mormon who had been ordained to the priesthood of the Church of Lord Jesus Christ of Latter Day saints (LDS Church), brought an action for divorce of his wife, Lavinia on the grounds of adultery. He had left the LDS church and begun to make and publish anti-norman material which caused him to be excommunicated from the LDS church. His wife then left him and remarried in Utah territory, which was the basis of his divorce suit. The court denied his petition on the grounds that the relationship he had entered into did not constitute a marriage under the laws of England.

Lord Penzance found out that polygamy and concubinage do not constitute a marriage recognized by English law and neither could the custom and tradition unknown to the court, form the basis for the court’s judgement. Thus, the court dismissed his claim on Lord Penzance pronounced;

“I conceive that marriage as understood in Christendom may for this purpose be defined as the voluntary union for life of one man and one woman to the exclusion of all others”

The significance of this is that the union between people of same gender or sex is prohibited and not regarded as marriage, as the right definition involves one man and one woman. It has also been used as an influential consideration in reaching the decisions in recent landmark cases.

However with recent development and the enactment of the Marriage (Same-Sex Couples) Act[2] in the UK which allows same-sex marriage in England and Wales, the definition has become debatable, irrelevant and unenforceable in the United Kingdom.

A monogamous marriage is defined in Nigeria as a marriage which is recognized by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage. [3]

Prohibition of Same-sex Relations in Nigeria Prior to the Same Sex Marriage (Prohibition) Act

In 2013, the Nigerian National Assembly passed a law which made same-sex marriage illegal. However, before the passing of this law, consensual sex and sexual relations between persons of same-sex were prohibited in Nigeria under anti-sodomy laws enacted in the Colonial era, and same-sex marriages were not legally recognized. Also, same-sex relations were criticized and prohibited on religious, customs and traditional grounds.

Several people had condemned homosexuality before the passage of the Act. On March 8, 2004, on the issue of gay marriage, the Daily Champion wrote that is “assaults the basic values of humans and human societies…that there is everything repugnant and profane in this development“.[4] The prevailing view in Nigeria is one that regards homosexuality as an “abuse of traditional values” and work of occultism. Contemporary Nigerian society has had a long standing intolerance of homosexuality, particularly amongst religions communities while calling the act of homosexuality the move of “satanic attack on the Church of God”.

Within the Hausa Communities, male homosexual prostitutes known as Dan Dauda[5] are common among the elite classes and are frequent in hotels in major northern cities. [6]

Under the Shariah Law, Judge Alkali Dahiru Muhammad Gusau of Higher Shariah Court in Kanwuri Gusau, cited a provision of Section 131 of the Penal Code when he sentenced Abdullahim Abubakar Barkeji in February 2002 to a hundred (100) strokes of cane and 1-year imprisonment for committing sodomy with a man.[7] In another case, one Jibrin Babaji was sentenced to death by stoning for sodomy in Bauchi State. [8]

Furthermore, the Criminal Code Act already illegitimized and criminalized homosexual relations in Nigeria.Section 214 of the Criminal Codewhich talks about unnatural offences, provides thus;

Any person who‐  

(1) has carnal knowledge of any person against the order of nature; or  

(2) has carnal knowledge of an animal; or  

(3) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.  

 Section 215 then goes further to say that any person who attempts to carry out any of the acts mentioned in Section 214 of the Act [9] is punishable upon conviction by seven years imprisonment. Also, Section 217 of the Criminal Code Act provides thus;

“Any male person who, whether in a public or private domain, commits any act of gross indecency with another male person, or suborns another male person to commit an act of gross indecency with him, or attempts to instruct any other male person to suborn any such act, be it with himself or with a third male person, whether publicly or privately, shall be guilty of a felony and shall be punished with three years’ imprisonment”.

It should be noted that lesbianism was not included in the Criminal Code and there was no legislation that criminalized sexual relations amongst women.

An Overveiw of the Same sex Marriage (Prohibitions) Act, 2013

The law passed by the National Assembly which prohibits same-sex marriage is the Same-Sex Marriage (Prohibition) Act 2013 [10]. This act was a controversial bill that was first put before the National Assembly by Justice Bayo Ojo on Jan 18, 2006, but it was not passed during the first reading.

The bill was later approved by the Federal Executive Council on Jan 18, 2007 and re-sent it for the National Assembly. However, it received condemnation form human rights organizations and possibly placing Nigeria at odds with several international agreements to which the country is signatory. Thus, the bill was not passed by either house.

The proposed bill included a 5-year imprisonment for anyone who performs, witnesses, aids or abets a same-sex marriage and prohibits the display of same-sex amorous relationship as well as the adoption of children by gays or lesbians. Also stated in the bill is a 5-year sentence for involvement or support of lesbian or gay people rights. The bill’s purpose was to ban all gay-related activities in the country.

In February and March of 2013, the United States State Department and sixteen (16) international organizations condemned the bill stating that it was an infringement of people’s rights to freedom of expression and association provided for by the Nigerian Constitution and the African Charter on Human and People’s Rights, and also a barrier to the struggle against the spread of HIV/AIDS in Nigeria. The passage of the bill was however praised by the Mass Resistance which stated that Nigeria is taking a bold step in fighting back attempts to corrupt public morality.

Despite international pressure, the bill was passed into law and signed by President Goodluck Jonathan on Jan 7, 2014. Thus, the Same-Sex Marriage Prohibition Act 2013, became enforceable in Nigeria. The United States Secretary of State, John Kerry stated that the US is “deeply concerned” by the laws that “dangerously restrict freedom of assembly, association and expression for all Nigerians”.[11]

The explanatory memorandum [12] provides that the Act prohibits a marriage contract or civil union entered into between persons of same sex, and provides penalties for the solemnization and witnessing of same thereof.Section 1provides thus;

• A marriage contract or civil union entered into between persons of same sex:
• (a) is prohibited in Nigeria; and
• (b) shall not be recognized as entitled to the benefits of a valid marriage.
•  A marriage contract or civil union entered into between persons of same sex by virtue of a certificate issued by a foreign country is void in Nigeria, and any benefit accruing there-from by virtue of the certificate shall not be enforced by any court of law.

Section 3 of The Act further states that only a marriage contracted between a man and a woman shall be recognized as valid in Nigeria. Hence, the definition of marriage as a legal union entered into between persons of opposite sex in accordance with the Marriage Act, Islamic Law or Customary is the definition of marriage.

Section 4 of the Act provides that the registration of gay clubs, societies and organizations with the meetings and processions as well as the public show of same-sex amorous relationship is prohibited in Nigeria. That is, gay clubs, societies and organizations, their sustenance, processions and meetings is prohibited. To even display or show of the same sex amorous relationship directly or indirectly is also prohibited.

In all, the things stated above are offences and these offences have attendant penalties. A term of 14 years’ imprisonment awaits any same-sex group of persons who marry, contract or engage in civil union.[13]  A person who registers, operates, participates in gay clubs, societies and organizations either directly or indirectly and makes public show of same sex amorous relationship is liable to a term of 10 years’ imprisonment.[14]  A person or group of persons who also aid or abet the solemnization of such same sex marriage is also guilty of a term of 10 years’ imprisonment. [15]

Effect of the Same-Sex Marriage (Prohibition) Act 2013

From the foregoing, this Act criminalized the LGBTQ+ (lesbian, gay, bisexual, transgender, queer, plus) Community. It was discovered that although same-sex activities between men were criminalized, the passage of the bill into law worsened the situation and increased initial attacks to members of the LGBTQ Community.

The law encouraged the violation of the human rights to dignity of human persons provided for in Section 34 of the Constitution of the Federal Republic of Nigeria 1999 [16] and Article 5 of the African Charter on Human and Peoples Rights 1986. [17] The media reported that a high level of violence, mob attacks, extortion, aggression, arbitrary detention and harassment were carried out on the community and their supporters. 

Although there has been no evidence as to the prosecution of individuals under this act, the heated public debate and heightened interest of social media in the issue of homosexuality has made it more obvious and the members of the LGBTQ+ Community more vulnerable. Interviewees and human rights organizations said that the law was an avenue for people to act out their homophobia with brutality without fear of legal consequences.

Many members of the community interviewed on social media stated that the general public was against homosexuality on the grounds of religious and cultural beliefs, but now that it has been enacted into law, many people saw it as an avenue to vent out their anger and annoyance for their choice of sexual identity. For instance, in February 2014, in a village in Abuja, a group of about 50 people armed with cutlasses, clubs and so on, dragged at least 14 men from their houses and beat them up. They were heard saying they were doing the work of President Goodluck Jonathan and were cleansing the community of gay.[18]

The passage of the bill into law also encouraged police extortion and extra judicial and unlawful arrests and detention. For instance, shortly after the passage of the Act, policemen raided an HIV awareness meeting and arrested 12 people on suspicious of “promoting homosexuality”. They were detained in police custody without charge for a period of three weeks and were finally released after paying a bribe of N100,000 (one hundred thousand naira).[19] Another set of interviewees said that prior to the passage of the law, they were not detained.

At a birthday party at Ibadan, 21 men were arrested at a birthday party after a member of the public had called and invited policemen, claiming that homosexual activities were being carried out. [20] The police arrived and found a bag of condoms belonging to the HIV peer educator. They were detained for 4 days and only released after paying bribes ranging from 10,000 naira to 25,000 naira.

Policemen now see the law as a tool for the violation of human rights by acts of torture, sexual violence, extortion and whatnot towards people of the community, and increased mob violence have been carried out against persons based in their real or perceived sexual identity. LGBTQ+ victims of crime said that the law prevented them from reporting to the authorities due to fear of exposure and arrest which again means that they cannot be guaranteed their rights to fair hearing as provided for inSection 36 of The Constitution and Article 7 of the Charter.[21]

Also, the enactment of this law initiated and encouraged violation of human rights to freedom from discrimination as contained inSection 42 of The Constitution and Article 2 of the Charter.

In November 2015, the African Commission on Human and People’s Rights urged the Nigerian government to review the Act as there were increasing acts of violence, and discrimination on people based on their sexual orientation and gender identity and ensure adequate care for the LGBTQ Community.[22]

Also, other human rights organizations have imposed obligations on the Nigerian government to ensure equal rights before and protection of the law, respect and protect of rights to freedom of expression, association, privacy and freedom from discrimination and dignity of human persons. It has also called for prevention of arbitrary arrest, torture and cruel treatment towards people of LGBTQ Community.

Weaknesses of the Same-Sex Marriage (Prohibition) Act 2013

Whilst the Act is fighting against marriage entered into between people of the same sex, it is of great knowledge that same sex relations and marriage also exist amongst women. However, the Act is silent on this.

The act of a woman being in an amorous relationship is known as and called lesbianism as opposed to their male counterparts referred to as gay. There abound in European countries of the world marriages celebrated between two women. This is not mentioned in the Act.

This may be interpreted as non-inclusion of women in the definition, as the word ‘gay’ was specifically mentioned as opposed to ‘lesbian’. If the interpretation of the literal rule of construction of this Act is taken into consideration, it could defeat the very essence of the creation of the Act.

Further, the Act states that the registration of gay clubs, societies and organizations are prohibited but is silent of the creation of lesbian organizations, societies and clubs. Also, the registration of lesbians into these clubs and organizations are not stated as the Act makes regards to gay people which translates to homosexuals.

Also, there is no evidence of punishment of homosexuality under criminal law. Many people who have been arrested and unlawfully detained on ground of homosexuality were not charged. This is because there has been no concrete evidence worthy of charging one with homosexuality.

Thus, the fact that there has been no civil action or prosecution of real or “suspected” homosexuals just further emphasizes the irrelevance and redundancy of the Act. As seen from the above cases of unlawful arrests and detention by the policemen on “perceived and suspected” homosexuals, they were not charged with the crime of homosexuality because there was no material evidence to corroborate their actions of detention and were released only through bribes which further police extortion since the passage of the law.

What should be done to avoid this is the amendment of the Act. That is, when an opportunity for the amendment of the Act presents itself, the Act should include sexual relations amongst women and expressly prohibit sexual relations, civil union, amorous relationship, registration of lesbian clubs and organizations between women so that any loop holes will be adequately covered by the Act. Also, the act should ensure the protection of suspected homosexuals from angry and annoyed citizens due to their choice of sexuality and sexual orientation.

Conclusion

In essence, the institution of marriage has long been defined by legal frameworks and societal norms, often reflecting cultural, religious, and historical perspectives.

In the eyes of the law, marriage traditionally entails a union between one man and one woman, with rights and responsibilities delineated by legal statutes. This understanding, rooted in centuries-old legal precedents, has shaped the legal landscape surrounding marriage, particularly in jurisdictions like Nigeria where traditional values hold sway.

However, the landscape of marriage and human rights underwent significant upheaval with the advent of the Same-Sex Marriage (Prohibition) Act of 2013 in Nigeria. This landmark legislation not only codified the traditional definition of marriage but also criminalized same-sex relationships and advocacy for LGBTQ+ rights. The Act, while reflecting prevailing societal attitudes towards homosexuality, drew criticism from international human rights organizations for its infringement on fundamental rights to freedom of expression, association, and privacy.

The enforcement of the Same-Sex Marriage (Prohibition) Act has had profound implications for the LGBTQ+ community in Nigeria. Reports of violence, discrimination, and arbitrary arrests underscore the challenges faced by individuals whose sexual orientation deviates from societal norms. Moreover, the Act’s silence on lesbian relationships and its ambiguity regarding enforcement have raised questions about its effectiveness and fairness.

In light of these concerns, calls for the review and amendment of the Same-Sex Marriage (Prohibition) Act have grown louder. Advocates argue for a more inclusive legal framework that respects the rights and dignity of all individuals, regardless of sexual orientation or gender identity. Such amendments would not only address existing gaps in the law but also mitigate the harm inflicted on marginalized communities.

Moving forward, the path to progress lies in fostering dialogue, understanding, and empathy. By acknowledging the inherent dignity and worth of every individual, irrespective of sexual orientation, Nigeria can pave the way for a more just and inclusive society. Through legislative reform, education, and advocacy, the country can uphold its commitment to human rights and equality for all its citizens, ensuring that no one is left behind in the pursuit of justice and dignity.

---

[1] (1866) 1 P & D 130.

[2] Marriage (Same-Sex Couples) Act 2013 (c. 30).

[3] The Interpretation Act Cap 17 Laws of the Federation of Nigeria, 2004.

[4] Editorial, ‘Gay Marriage’ Daily Champion (Lagos, 8 March 2004).

[5] Meaning “men who are wives of men”.

[6] Sunday Times 9 Nov. 2003.

[7]  Isha Ibrahim Maru, ‘Nigeria: Man Gets 100 Strokes, One-Year Jail for Sodomy’ THIS DAY (Gusau, 28 February 2008) https://allafrica.com/stories/200202280042.html accessed 27 February 2024.

[8] Tashikalmah Hallah, ‘Nigeria: Sodomy: Sharia Court Sentences Man to Death By Stoning’ DAILY TRUST (Bauchi, 25 September) https://allafrica.com/stories/200309250804.html accessed 27 February 2024.

[9] The Criminal Code Act

[10] Hereinafter referred to as ‘The Act’.

[11] Editorial, ‘Nigeria signs harsh anti-gay bill into law’ AL JAZEERA (Nigeria, 13 January 2014) http://america.aljazeera.com/articles/2014/1/13/nigeria-signs-harshantigaybillintolaw.html accessed 26 February 2024.

[12] Of The Act.

[13] Section 5(1) of The Act.

[14] Section 5(2) of The Act.

[15] Section 5(3) of The Act.

[16] Hereinafter referred to as The Constitution.

[17] Hereinafter referred to as The Charter.

[18] Adam Nossiter, ‘Mob Attacks More Than a Dozen Gay Men in Nigeria’s Capital’ THE NEW YORK TIMES (New York, 15 February 2014) https://www.nytimes.com/2014/02/16/world/africa/mob-attacks-gay-men-in-nigerias-capital.html accessed 27 February 2024.

[19]Human Rights Watch,  ‘ “Tell Me Where I Can Be Safe” The Impact of Nigeria’s Same Sex Marriage (Prohibition) Act’ https://www.hrw.org/report/2016/10/20/tell-me-where-i-can-be-safe/impact-nigerias-same-sex-marriage-prohibition-act accessed 29 February 2024.

[20] Seyi Peters, ‘Police Arrest 21 Men With 122 Condoms In Ibadan For Allegedly Belonging To A Gay Cult’ THE TRENT (Lagos, 18 May 2015) https://www.thetrentonline.com/police-arrest-21-men-age-25-allegedly-belonging-gay-cult/ accessed 29 February 2024.

[21] African Charter on Human and People’s Rights 1986.

[22] (n 21).

---

About Author

The Impact Of Artificial Intelligence On Employment Law And Worker Protections In India

Abstract

In the past few years, artificial intelligence (AI) has become a major force that is changing businesses all over the world. AI technologies have spread to many areas, promising more efficiency, productivity, and new ideas. They can do everything from automating boring chores to letting you make predictions and decisions. But as AI continues to spread through economies, its effects on employment law and worker rights have been looked at more closely, especially in places like India where things change quickly.

When AI and employment law meet, they create a complicated and varied area that needs a close look. India’s employment rules are very important because they protect workers’ rights, make sure that businesses are fair, and promote social justice. Laws like the Industrial Disputes Act of 1947, the Minimum Wages Act of 1948, and the Factories Act of 1948 set the rules for job relationships by regulating wages, working conditions, and how to settle disagreements.

AI technologies are becoming more popular in India in many fields, from manufacturing and IT to healthcare and finance. These technologies offer both possibilities and challenges for the workforce. Automation, data analytics, and machine learning are just a few of the ways that AI is changing things. These changes will help businesses be more efficient and successful. There are, however, worries about job loss, changes in the way jobs are organized, and the loss of standard worker rights that come with these benefits.

In this situation, it is important to look into how AI affects India’s current employment rules and what that means for protecting workers. How does automation powered by AI change the way people work and the connections they have with their employers? What problems does it bring up with the way jobs are protected, paid, and terms of work? Furthermore, what plans and rules are needed to lower the possible dangers and make sure that AI improves worker health instead of deteriorating it?

Through this paper I would like to answer these important questions and show how AI and job law in India are changing over time in this paper. I would want to show how to make the future of work more fair and open to everyone in the age of AI by looking at the problems, chances, and government solutions.

Overview of Employment Laws in India

India has a wide range of employment rules that are meant to protect workers’ rights and interests and promote fair labour practices and social justice. (Leglobal, 2022) Here, we go into more detail about the main parts of Indian employment rules and how important they are:

1. Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947, is one of the most important laws in India that governs the relationship between employers and employees and how to settle disagreements. It sets up ways to stop and settle workplace disagreements, such as through conciliation, arbitration, and adjudication. The Act controls firings, laying off workers, and closing businesses. It makes sure that the process is fair and protects workers’ rights if they are fired. It also forbids unfair labour practices and lets fired workers come back to work in some situations, which makes the job market more stable and protects workers’ rights. (Kaul, 2022)

2. Minimum Wages Act, 1948

The Minimum Wages Act of 1948 makes sure that workers get paid enough for the type of work they do and the state of the economy at the time. It gives the national government and state governments the power to set and change the minimum wage rates for different types of jobs, based on things like skill level, location, and cost of living. The Act requires workers to be paid a minimum wage, no matter if they work directly for an employer or through contractors. This is to protect workers from being exploited and to make sure they have a good standard of living. (Bose, 2024)

3. Factories Act, 1948

The Factories Act of 1948 sets rules for how factories should work to protect the health, safety, and comfort of the people who work there. It includes rules about the factory’s layout, lighting, ventilation, cleanliness, and sanitation, all of which are meant to make the workplace healthy and efficient. As a way to keep workers from getting too tired and make sure they get enough rest, the Act also sets rules for workers’ hours, overtime, and breaks. It also requires services like canteens, restrooms, and first aid kits to be provided, which is good for worker health and safety. (Shriney, 2022)

4. Payment of Wages Act, 1936

It is required by the Payment of Wages Act, 1936, that workers in certain types of businesses get paid on time. It sets rules for how and how often wages should be paid, making sure that workers get their money on time and without any charges that aren’t allowed. The Act also says that fines or deductions from wages can’t be used for reasons other than those listed in the law. This protects workers from unfair deductions and companies taking advantage of their money. (Kaur, 2022)

5. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, sets up a social security system for Indian workers by requiring both companies and employees to put money into pension plans, insurance plans, and provident funds. Its goal is to protect workers’ finances and provide retirement benefits to them and their families, making sure they are taken care of after they stop working. In addition, the Act sets up the Employees’ Provident Fund Organization (EPFO) as the governing body in charge of provident fund plans and other worker welfare programs. (Aiswariya.R, 2019)

Collectively, these employment laws are what India’s labor laws are based on. They are based on fairness, equality, and social justice. They are very important for protecting workers’ rights, making sure they have good working conditions, and making sure that workers and bosses get along. In general, this is good for everyone. Modernizing and reforming labor rules is also being done to deal with new problems and encourage growth that benefits everyone in the labor market as it changes.

The Rise of Artificial Intelligence in Indian Workplaces

In recent years, India’s workplaces have become much more open to artificial intelligence (AI). This is due to improvements in technology, globalization, and the desire to be more efficient and come up with new ideas. (Saha, 2020) Here, we go into more detail about the different things that have led to the rise of AI in Indian settings and how it has changed many areas:

1. Technological Advancements and Digital Transformation

Advances in AI, machine learning, and data analytics have made it possible for many Indian businesses to use AI solutions all the time. AI is being used by businesses in all fields to handle tasks, gain insights from data, and make better decisions now that powerful computers, cloud infrastructure, and big data analytics tools are available. The push for digital transformation has sped up the process of incorporating AI technologies into core business functions. This helps companies stay competitive in a market that is changing quickly.

2. Increased Access to AI Tools and Resources

AI tools and resources are now more open to everyone, which means that businesses of all kinds in India can use them. It’s easier for startups, small businesses, and big companies to try out AI-driven innovations now that there are open-source AI frameworks, pre-built AI models, and cloud-based AI platforms available. It has also been made easier for AI to be used in Indian workplaces by the fact that trained AI professionals are available through academic institutions, training programs, and partnerships between businesses.

3. Government Initiatives and Policy Support

Government programs and policies have been very important in getting people to use AI and creating an environment that encourages innovation at work in India. The National AI Strategy, Startup India, and Digital India are some of the programs that have helped to boost AI-driven study and business by offering financial incentives, regulatory support, and the building of new infrastructure. Collaborations between government agencies, universities, and business people have also made it easier for people to share knowledge, move technology, and learn new AI skills, which has led to its widespread use in many fields.

4. Industry-Specific Applications and Use Cases

India’s workplaces use AI technologies in a wide range of fields to solve specific business problems and open up new growth possibilities. Robotics and automation powered by AI are improving product quality, lowering downtime, and making production processes more efficient. Diagnostic tools driven by AI, telemedicine platforms, and predictive analytics are changing the way patients are cared for, diseases are diagnosed, and medical research is done. In the same way, AI systems are being used in finance to find fraud, evaluate risk, and make personalized loans, providing better customer service will make operations run more smoothly and make customers happier.

5. Cultural Acceptance and Readiness for Innovation

There is a mindset of innovation and entrepreneurship in Indian workplaces, where people are open to new technologies and trying out new ways to solve problems. Indian companies are becoming more aware of how important AI is for driving business growth, staying ahead of the competition, and meeting changing customer needs. This is because Indian workers are young and active. Also, workers are becoming more digitally literate and aware, which has made it easier for them to use AI technologies in their daily work. This means they can use AI-powered tools and platforms to be more productive and work together better.

This concludes that the increase in artificial intelligence in Indian companies shows a big change toward automation, making decisions based on data, and going digital. Indian companies can find new ways to be innovative, efficient, and competitive in a globalized economy by using AI technologies. They can also help solve social problems and promote sustainable development in this way. To fully utilize AI in shaping the future of work in India, however, issues like data protection, ethical concerns, and reskilling the workforce must still be addressed.

Challenges Posed by AI to Employment Laws and Worker Protections in the Age of AI

The use of artificial intelligence (AI) in the workplace creates many problems for current employment rules and worker protections. To deal with the changing nature of the labor market, we need a comprehensive approach. (Upadhyay) When it comes to employment rules and worker protections, AI presents a number of problems that are linked to each other. These are:

1. Job Displacement and Reskilling Needs

AI-driven automation could change standard job roles and workflows, which could force people to leave their jobs and cause structural changes in the way people work. This problem has big effects on current employment rules, which might not be able to handle problems like job insecurity, unemployment, and the need for programs to reskill and upskill workers. Worker rights need to be improved so that displaced workers can get the training and education they need to move into new jobs or industries. This will help everyone and reduce social and economic gaps.

2. Erosion of Traditional Employment Relationships

As platforms for the gig economy and flexible work arrangements become more popular, they put traditional employment relationships governed by labor rules to the test. People who do freelance or contract work may not know if they are employed or if they are protected by benefits and safeguards. In the gig economy, worker classification, rights, and benefits need to change. This is to make sure that all workers, no matter what kind of job they have, have the right to fair treatment, social security benefits, and safeguards at work.

3. Bias and Discrimination in AI Systems

AI programs and decision-making systems may unintentionally reinforce biases and discrimination, which could lead to workers being treated differently because of their gender, race, or socioeconomic status. This problem creates moral and legal issues for employment rules and worker protections, as they might not be able to fix the biases that are built into AI systems. (Cheng, 2023) Regulatory frameworks need to be updated to require openness, responsibility, and fairness in decision-making processes that are powered by AI. This will protect workers from discrimination and unfair treatment at work.

4. Privacy and Data Protection Concerns

A lot of personal and sensitive data is collected from workers for AI technologies to work. This raises privacy and data security concerns. Employment laws need to make it clear how AI systems can collect, store, and use personal information about workers. This will make sure that data security laws are followed and protect against misuse and unauthorized access. Workers should be able to see and change their own data, and they should know how their employers or third-party AI vendors are using it. This would make data policies more open and accountable.

5. Ethical and Moral Dilemmas

Artificial intelligence (AI) creates moral and ethical problems that test current laws and social norms. Employment laws need to address problems like the morality of using AI to keep an eye on employees, grade their work, and make decisions. Oversight by regulators is needed to make sure that AI systems follow moral guidelines, protect workers’ rights and honor, and lower the risks and harms that might happen. Policymakers, ethicists, and technologists need to work together to come up with ethical rules and standards for the responsible use of AI at work.

To sum up, dealing with the connected problems that AI causes for job laws and worker protections needs a complete and multifaceted approach that puts fairness, openness, accountability, and inclusion first. Societies can use AI to change things while protecting workers’ rights, well-being, and dignity in the digital age. To do this, they need to update their law systems, make regulatory oversight stronger, and encourage dialogue between stakeholders.

Legal and Regulatory Responses to AI Challenges in the Workplace

Using artificial intelligence (AI) in the workplace brings up a lot of difficult legal and moral issues. Because of this, lawmakers and regulators need to come up with strong legal and regulatory responses. (Rajat Sethi, 2023) Here, we look at the most important legal and regulatory ways to deal with AI problems at work:

1. Updating Employment Laws

Lawmakers need to look over and update current employment rules to make sure they are still useful and relevant in a world changing quickly because of AI. To do this, laws like the Industrial Disputes Act of 1947 and the Minimum Wages Act of 1948 might need to be changed to deal with problems like job loss, worker classification, and protecting the rights of gig workers. It’s also possible that new laws will be needed to control how AI is used in areas like computer bias, data privacy, and spying on workers.

2. Establishing Ethical Guidelines

Governments and regulatory groups can come up with moral guidelines and principles for using AI at work. This will encourage responsible AI use and make sure that it fits with society’s values. Some of the things that these standards might cover are AI systems’ fairness, transparency, accountability, and reducing bias. Regulators can help companies, AI developers, and other interested parties understand how to use AI technologies responsibly at work by setting clear ethical standards.

3. Enhancing Data Protection Regulations

To protect worker privacy and make sure that personal data is used responsibly in AI-driven workplaces, data protection laws need to be made stronger. To control how AI systems collect, store, and process workers’ data, regulators can either enforce current laws like the General Data Protection Regulation (GDPR) or make new laws. Employees should be able to see and change their own data and know how it is being used. There should also be protections in place to stop anyone else from accessing or misusing the data without permission.

4. Promoting Transparency and Accountability

AI systems used in the workplace can be held accountable and transparent by regulators. This makes sure that decision-making processes can be explained and checked. This could mean making employers explain AI-based choices that affect their employees and setting up ways for people to get help when algorithms are biased or discriminate against them. Regulators can boost trust in AI technologies among workers and companies by encouraging openness and responsibility.

5. Facilitating Stakeholder Engagement

Employers, workers, AI developers, and civil society groups are just some of the groups that policymakers and regulators should talk to in order to learn about their worries and ideas about using AI in the workplace. This way of working together can help make good laws and rules that protect everyone’s rights and deal with the complicated problems AI causes. Additionally, regulators can set up advisory boards or expert committees to offer advice and information on AI-related problems.

6. Investing in Monitoring and Enforcement

Monitoring and police efforts should be given enough resources to make sure that AI-related laws and rules are followed in the workplace. Regulators can check if people are following data security rules, ethical guidelines, and other rules by doing audits, inspections, and investigations. Enforcement actions, such as fines for not following the rules, can stop people from breaking the law and encourage companies to follow the moral and legal rules when using AI.

To sum up, legal and regulatory responses are very important for dealing with the problems AI causes at work and encouraging responsible AI usage. Regulators can make a regulatory framework that protects worker rights, builds trust in AI technologies, and supports inclusive and sustainable workplaces in the digital age by updating laws, setting ethical guidelines, improving data protection rules, encouraging transparency and accountability, making it easier for stakeholders to get involved, and spending money on monitoring and enforcement.

Case Studies

Case studies and examples of legal and regulatory responses to AI challenges in the workplace provides valuable insights into effective approaches and best practices. Here are some illustrative examples:

1. GDPR Compliance in AI Deployment

• Case Study: A global company uses an AI-powered system to keep an eye on its employees and keep track of their performance and productivity. There are worries about the gathering and using of workers’ private data, like biometric data and trends of behavior.
• Legal and Regulatory Response: The company needs to make sure it follows the General Data Protection Regulation (GDPR) by getting workers’ clear permission before collecting data, putting in place data protection measures, and being open about the reason for and use of AI-driven tracking. Regulators do checks to make sure people are following the rules and punish people who aren’t.

2. Algorithmic Bias Mitigation in Hiring Practices:

• Case Study: A tech startup is making an AI-powered hiring tool to make the process of hiring faster and easier. But because of flaws in the algorithm, candidates from underrepresented groups are rejected more often than candidates from other groups.
• Legal and Regulatory Response: Regulators work with the company to do bias audits, find algorithmic biases, and fix the problem by using techniques like data diversification, bias mitigation, and algorithmic transparency. There are rules put out to make sure that hiring methods that use AI are fair and don’t discriminate.

3. Worker Protections in the Gig Economy:

• Case Study: A ride-hailing company hires gig workers through an AI-powered platform, which raises questions about how to classify workers, their rights, and their perks.
• Legal and Regulatory Response: Regulators set standards for how workers are classified and make sure that gig workers get minimum pay, social security benefits, and protections at work. Changes are made to the law that give gig workers more working rights, such as the right to health care, insurance, and the ability to join a union.

4. Ethical Guidelines for AI Surveillance Systems:

• Case Study: A store chain uses AI-powered surveillance cameras in its shops to keep an eye on what customers are doing and stop theft. Concerns are raised by privacy supporters about how intrusive the surveillance system is and how it might affect the privacy of employees.
• Legal and Regulatory Response: Privacy experts, civil liberties groups, and people with a stake in the business work with regulators to come up with moral guidelines for AI surveillance systems. These rules cover things like keeping data as small as possible, only using it for certain things, being open about what’s going on, and getting permission from employees. They make sure that spying is done in a responsible and moral way.

5. Training and Certification Programs for AI Professionals:

• Case Study: A school starts a training program in AI ethics and responsible AI development to give professionals the information and skills they need to deal with ethical problems that come up when AI is used.
• Legal and Regulatory Response: The government backs the training program and works with the school to create guidelines for AI professionals’ certification. Employers should make it a priority to hire certified AI workers who show they care about ethics and responsible AI practices.

In conclusion, case studies and examples show the wide range of legal and regulatory responses to AI problems in the workplace. These include safeguarding data, reducing algorithmic bias, protecting workers in the gig economy, setting moral standards for AI surveillance, and offering training and certification programs for AI professionals. Policymakers and lawmakers can make good plans to encourage responsible AI use and protect workers’ rights in the digital age by studying real-life examples and the best ways to do things.

Conclusion

Employers, workers, lawmakers, and regulators all face both opportunities and challenges when artificial intelligence (AI) technologies are used in the workplace. As AI continues to change the future of work, it is important to deal with the complicated legal, moral, and social effects in a responsible and all-around way.

In this situation, it’s clear that how the law and regulations are applied have a big impact on how AI is used responsibly at work. Regulators can make a framework that protects worker rights, builds trust in AI technologies, and supports inclusive and sustainable workplaces in the digital age by updating employment laws, setting ethical guidelines, improving data protection rules, encouraging openness and accountability, making it easier for stakeholders to get involved, and spending money on monitoring and enforcement.

Case studies and examples also show the different legal and regulatory reactions that have been used to deal with AI problems in the workplace. This gives readers useful information about the best ways to use AI and what works and what doesn’t. Policymakers and regulators can handle the difficulties of AI usage while protecting workers’ rights and encouraging moral AI use by studying what has worked in the real world and using new ideas.

In conclusion, governments, business groups, civil society groups, and academics all need to work together to make sure that AI is used responsibly in the workplace. We can use AI to change things while protecting workers’ rights, dignity, and well-being in the digital age if we all work together to create flexible law frameworks, moral guidelines, and regulatory systems. This kind of coordinated action is the only way to build a world where AI helps everyone grow, be prosperous, and become happy.

References

Aiswariya.R. (2019, October 24). The Employee Provident Funds, 1952 : A guide. Retrieved from iPleaders: https://blog.ipleaders.in/the-employee-provident-funds-1952/

Bose, A. (2024, February 9). Minimum Wages Act, 1948. Retrieved from iPleaders: https://blog.ipleaders.in/minimum-wages-act-1948-2/

Cheng, Z. (2023, September 13). Ethics and discrimination in artificial intelligence-enabled recruitment practices. Retrieved from Nature.com: https://www.nature.com/articles/s41599-023-02079-x

Kaul, K. (2022, May 26). Industrial Disputes Act, 1947. Retrieved from iPleaders: https://blog.ipleaders.in/industrial-disputes/

Kaur, S. (2022, October 1). Payment of Wages Act, 1936. Retrieved from iPleaders: https://blog.ipleaders.in/payment-of-wages-act-1936-2/

Leglobal. (2022, July 19). Employment Law Overview India. Retrieved from leglobal.law: https://leglobal.law/countries/india/employment-law/employment-law-overview-india/

Rajat Sethi, D. B. (2023, July 5). Regulating Artificial Intelligence in India: Challenges and Considerations. Retrieved from Chambers.com: https://chambers.com/articles/regulating-artificial-intelligence-in-india-challenges-and-considerations

Saha, N. (2020, December 28). Rise of AI in the Indian Economy. Retrieved from Indiaai.gov.in: https://indiaai.gov.in/article/rise-of-ai-in-the-indian-economy

Shriney, M. (2022, November 8). Factories Act, 1948. Retrieved from iPleaders: https://blog.ipleaders.in/factories-act/

Upadhyay, U. (n.d.). The Impact Of Artificial Intelligence On Employment Law And Worker Protections In India. Retrieved from theamikusqriae: https://theamikusqriae.com/the-impact-of-artificial-intelligence-on-employment-law-and-worker-protections-in-india/

---

About Author

Fundamentals of Appeal

Meaning

Court of Appeal per Abdullahi, J.C.A in Anyanwu v UNIJOS¹ defined an Appeal according to the Black’s Law Dictionary, 7th edition at page 94 as a proceeding undertaken to have a decision reviewed by bringing it to a higher authority.

Also, in Ortom v Jime & Ors², the Appellate Court described an Appeal in the following words; “It is trite law that an Appeal is an invitation to a higher Court to review the decision of the lower Court in order to find out whether on a proper consideration of facts placed before it and the applicable law, the lower Court arrived at the right decision.”

Stemming from the judicial pronouncements on the meaning of Appeal, it is therefore submitted that an Appeal is the judicial reaffirmation of a judgement, verdict, ruling or decision of the court below.

Worthy of note is that some courts are statutorily clothed with the judicial garment of reviewing the decision of the lower court. Such courts include the Appeal Court and the Supreme Court.³)

When Is An Appeal Allowed?

A Court above is said to have allowed an appeal when it hears the decision of the court below and reviews same; and in the process discovered that the court below is wanting in any form with respect to its decision. In this case, the court above is bound to set aside the decision of the lower court.

According to the Supreme Court of Nigeria in Adebayo v A.G Ogun State⁴ , an Appeal could only be allowed where, inter alia, a case has been made out to show that there was a fundamental breach of the applicable law or procedural law or that an essential ingredient against an appellant was not established.

In Nigeria Bottling Co. Plc v Olarewaju⁵) , the Court held that as a principle, the error of the lower Court will not result in an appeal being allowed unless it is substantial and miscarriage of justice is occasioned thereby.

From the foregoing, it can be seen that the aim of an appeal is to correct substantial errors of the lower Court which leads to miscarriage of Justice.

Hence, at any point where an appeal is lodged before a higher Court, the sole duty of the Court is to look for possible errors and the lacuna paved by the lower Court which are substantial and capable of robbing justice off his value; and in the same time fill in those gaps and correct the errors which the Court below has occasioned.

The hallmark is to see that justice takes its pride of place. It is pertinent to also note that an appeal when allowed is usually in favour of the appellant as against the respondent.

When Is An Appeal Dismissed?

An Appeal is said to be dismissed when the Court above hears and reviews an appeal and at the end finds out that the decision of the lower Court is valid and that there is no breach of fundamental/procedural laws and so declares it. Worthy of note is that a dismissed appeal is in the favour of the respondent as against the appellant.

What is a Right of Appeal?

Right of Appeal has been described as the right available to a party to appeal the decision of the Court below. It is expedient to point out here that the right of Appeal is not available on its own. It is at the instance of the party who has the legal right to appeal. Simply put, it is only when a party has the legal right to appeal that he can apply the leave of the Court to review the decision of the lower Court. In other words, the right of Appeal can only be exercised when there is a right to that effect. Therefore, right of Appeal is the right a party/litigant has to invoke the higher Court to review the decision of the lower Court.

Who can exercise a right of Appeal?

Court of Appeal has held in Benue State Urban Development Boards & Ors v Asuako & Anor⁶ citing section 243⁷) that a right of Appeal to the Court of Appeal can only be exercised by a party to a proceeding, or with the leave of the Court or an interested person.

The Court further held that in both categories, the person who can exercise the right of Appeal must be a person who is aggrieved by the decision of the lower Court or trial Court. According to the Court, although section 243(1)(a) of the Constitution of Nigeria, 1999 (as amended) provides that the right of Appeal to the Court of Appeal shall be exercisable in the case of civil proceedings at the instance of a party thereto, yet the provision can also be invoked or engaged by a party to the proceedings against whom a decision is made affecting his legal right.

According to the Court, a party who has been exonerated by the decision of the lower Court cannot appeal against it as he is not aggrieved by it. The court further held that a party to proceedings cannot appeal a decision arrived thereat which does not wrongfully deprive him of an entitlement or something which he had right to demand. Unless there is such a grievance, he cannot appeal against a judgement which has not affected him since the whole exercise may turn out to be academic. Under no circumstance can it be argued that a party to proceedings who has not been affected by a decision may nevertheless appeal against it merely as a party.

See also: Overview of the International Court of Justice

From the above judicial pronouncements, salient points are noted as to who is to exercise a right of appeal. From the holdings of the Court, it can be seen that basically, there are two categories of persons who can exercise the right of appeal to wit; (a). Parties to the suit who has been adversely affected by the decision of the lower Court or who is aggrieved with the decision of the lower Court; and (b). An interested party. Who is then an interested party? An interested party is that party who has a legally recognized interest in the subject matter of proceedings in the lower Court and whom the decision of the trial Court may adversely affect.

Therefore, a person who is not a party to an original suit in the lower Court but has a genuine interest in the suit can also exercise the right of appeal.

Cases Where a Right of Appeal Does not Arise?

Before delving in, it is worthy to note that the right of appeal is a creation of the Constitution, the fons et origo of our laws and other Statutes. It therefore behooves to state that it is not in all cases that a party/litigant has a right of appeal. For instance, in Matrimonial Causes, there is no right of appeal immediately there is a Decree absolute – three (3) months after the High Court made an order of Decree Nisi, it becomes absolute.

When it becomes absolute, it is deemed that marriage has been dissolved and in such instance, no right of appeal shall arise.⁸) A litigant has no right of appeal in an unconditional leave to defend an action.⁹)

Appeal As of Right

More often than not, law students and legal practitioners are seen juxtaposing “right of appeal” and “appeal as of right”. Let it be made distinctly clear that the duo are different concepts standing separately on their own.

First, one has to know that there exists what is called right of appeal and this right can be exercised either “as of right” or with “the leave of the Court.” For the seek of clarity, right of appeal is the right an aggrieved party to a proceeding has to seek for the review of the judgement of the lower Court. While the appeal as of right or as of leave could be said to mean the modes in which this right can be exercised.

What is appeal as of right?

Appeal as of right is where an aggrieved party can exercise his right of appeal without seeking permission either from the lower Court or higher Court. Appeal as of right is in instances provided by law where leave need not be sought.¹⁰

The Constitution of Nigeria provides battalion of instances where a right of appeal will be exercised as of right.¹¹) Note more importantly that under section 241(a)¹²) , final decisions of the court – be it High Court of a State or Federal High Court sitting at first instance in any civil or criminal proceeding shall lie as of right.

See also: The Impact of the Moot Court on Advocacy in Nigeria

What this means is that any matter wherein the court has given its final verdict, decision or judgement, an aggrieve is statutorily clothed with the right to appeal such final decision without seeking the leave of the court regardless of the ground of such appeal – whether purely of law, facts or mixed law and facts.

The Court of Appeal approved this position in Moussallati & Ors v. Knight Frank Real Estate Agency¹³ when it held that to appeal against any final decisions, no leave is required for any ground of appeal and the appellant can so appeal as of right within the stipulated three (3) months from the date of decision appealed against.

Appeal as of Leave

Just as the name suggests, appeal as of Leave is the right of appeal which cannot be exercised except with the permission or leave of the Court that gives that judgement which a party is seeking to appeal or with the permission of a higher Court – i.e. Appellate Court or Supreme Court as the case may be.

Appeal as of leave is not without constitutional approval. For instance, section 242(1) provides;¹⁴) “that subject to section 241 of this Constitution, an appeal shall lie from the decision of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or that High Court or Court of Appeal.”

Subsection (2) went further to state that “the Court of Appeal may dispose of any application for leave to appeal from any decision of the Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.”

It is expedient to note that since Appeal as of right is based on ground of law alone or where the court has given its final judgement or verdict; an appeal as of leave is that which hinges on question of facts or mixed law and facts in which an interlocutory decision/judgement and not final decision/judgement was given.

What this means is that where the law provides for an appeal as of leave, such appeal shall be exerciseable when the question for determination borders on facts or mixed facts and law. Hence, it was the position of the Appellate Court in Armaford Nigeria Ltd & Ors v NDIC¹⁵ that the leave of the court is required to appeal against interlocutory decision which is not final decision.

It is therefore in this case that the law becomes trite that for an appeal on grounds of facts or mixed law and facts to be entertained by the Appellate Court, the appellant must seek and obtain the leave of the Court.¹⁶ The effect therefore is that failure to obtain the required consent renders the appeal incompetent and bound to be quashed from the court record.¹⁷

Also, worthy of note is that appeal as of leave can also arise once the time stipulated for to appeal as of right has elapsed. A party in this circumstance, can only appeal such case with the leave of the Court regardless of the fact that such appeal was of right in the first instance.¹⁸

Note with utmost importance that consent judgement can be appealed with the leave of the court.¹⁹)

Notice of Appeal

Notice of Appeal is simply the mode of commencement of an appeal – that is the manner which the law requires an appellant to bring in his appeal.

An appeal can be brought either by originating summon or originating application but never can an appellant use a writ of summon to initiate his appeal. There is no gainsaying the fact that notice of appeal remains an integral part of the appeal. Notice of appeal is the pedestal upon which every appellant drives his appeal.

This is because it is the notice of appeal that informs both the court and the respondent of the part of decisions of the lower Court that appellant is challenging.

It informs the Court and the respondent (s) if the appellant wants to appeal against the whole decision of the lower Court or some parts of the lower Court’s decision.

Court of Appeal Rules, 2016²⁰) provides that all appeals shall be by way of rehearing and shall be brought by notice (hereinafter called “the notice of appeal”) to be filed in the registry of the court below which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the court below is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal, which shall be accompanied by a sufficient number of copies for on such parties.²¹

Where a ground of appeal alleges misdirection or error in Law, the particulars and the nature of the misdirection or error shall be clearly stated. The notice of appeal shall set forth concisely and under distinct heads the grounds upon which the Appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

The notice of appeal shall be signed by the Appellant or himself or his legal representative. Rule 2 is to the effect that the court will not permit any appeal that is vague or general in terms which fails to disclose any reasonable ground of appeal. Rule 5 gives the court the power to strike out an incompetent appeal.

Ground of Appeal

This is an integral part of appeal. Ground of appeal is the complaints, the issues, the rulings and the decisions which the appellant is not satisfied with at the lower Court. Worthy of mention is that ground of appeal is partitioned into three (3) parts to wit;

1. Appeal based on the ground of law
2. Appeal based on the ground of fact and
3. Ground of mixed law and fact.

Ground of Law

This is when the appellant challenges the decision of the lower Court based on law alone. It is the ground that the court reached its decision on the misunderstanding of law, or that the court misapplied the law in reaching its decision.

The Court of Appeal in Ene v Asikpo & Anor²² gave three distinctive meaning of appeal on ground of law to wit; (a). a question which the Court is bound to answer in accordance with the rule of law.

In the process of answering this question, the court has no power to exercise its discretion in whatever manner; it is a question predetermined and authoritatively answered by law; (b). the second question is as to what the law is; an appeal in which the question for argument or determination is what is the true rule of law on a certain matter.

According to the Court, this question arises out of the uncertainty of the law; and (c). the third meaning according to the Court is in respect of those questions which are committed to and answered by an authority usually a judge – that is, those questions within the province of the judge to answer. Lastly, it is important to note that on ground of law, there is a question of whether or not the lower court erred in law.

Ground of Fact

This is when the appellant challenges the decision of the court below based on facts. Here, what the appellant is questioning or challenging is exclusively how the lower court evaluated the evidence tendered before it at the trial.²³

Appeal on the ground of fact is often used when evaluating evidence; the appellant challenges the decision of the court on the ground that it overweighed or evaluated a particular evidence more than it supposed to.

In a bid to explain Appeal on the ground of fact, the Appeal Court in Ene v Asikpo & Anor (Supra) stated that Appeal on ground of fact does not have one meaning as it could mean any of the following to wit; (i). a question which is not determined by rule of law (ii). any question except the question as to what the law is (iii). and any question that is to be answered by a jury and not a judge is a question of fact. Lastly on the ground of fact, there is usually a question of whether or not the lower court misdirected itself.

Mixed Law and Fact

This is when the ground of appeal involves issues of fact and law. It is a mixed law and fact if the ground complains of the manner in which court evaluated the facts presented to it before applying the law.²⁴

Hence, it has been held that when the court is invited to investigate the existence or otherwise of facts upon which an award of damages was based, such is a mixed law and fact.²⁵)

It is also pertinent to restate that when the ground of appeal is a mixture of law and facts wherein an interlocutory judgement and not final judgement was given by the court, the leave of higher court or lower court must be sought. It is a condition precedent to filing such appeal.²⁶

The implication is that when the leave of the court is not sought, it robs the court off its jurisdiction to entertain such appeal.

What this means is that both the Supreme and the Court of Appeal cannot entertain an appeal that is filed against an interlocutory judgment without the leave of the court first sought and obtained.²⁷

Cross Appeal

As pointed earlier, an appeal is lodged by a party who is adversely affected by the judgement of the lower court. It is also established that a party who is not affected by the judgement of the lower court cannot file an appeal.

Therefore, cross appeal which is akin to counter claim is where the party who has the judgement of the trial court in his favour appeals against some decisions of the Court which are detrimental to him regardless of the fact the substantial decision of the court is in his favour.

For instance, Mr “A” contested an election and lost to Mr “B”, then Mr. “A” aggrieved with the result of the election approached the Election Petition Tribunal and the tribunal affirmed the election of Mr “B”. In this case, Mr “A” who may be vexed with the judgement of the lower court may appeal against it. Then, Mr “B” who, even though the totality of judgement is in his favour may be equally vexed with a particular ruling in that judgement and may as well appeal against it. This kind of appeal is what is referred to as “Cross Appeal.”

For better understanding, the case of Kano State Governorship legal battle is illustrative. After the tribunal nullified the election of Abba Yusuf as the Govenor of Kano State, the embattled governor who was aggrieved alongside his party (NNPP) with the verdict of the tribunal appealed against it at the Court of Appeal wherein the appellate court upheld the decision of the tribunal. Abba Yusuf still not satisfied with the judgement of the Court of Appeal lodged an appeal at the apex court – Supreme Court challenging the decision of the court below.

On the other hand, APC in whose favour the judgement was given also filed a cross appeal challenging the lower court for refusing to hold that Yusuf submitted a forged certificate to the Independent National Electoral Commission (INEC).²⁸

From the foregoing, it should now be crystal clear that it is only the successful party that can file a cross appeal.

The court has in litany of cases maintained that a cross appeal by its very nature is a separate appeal existing independently outside the main appeal with the sole aim of allowing the respondent in the main appeal to appeal against the same judgement or part thereof that he (the respondent is aggrieved).²⁹ The implication of the above is that the dismissal of the substantive – i.e. the main appeal does not affect the cross appeal. What this simply means is that a cross appeal does not become functus officio by the reason of the fact that the main/substantive appeal has been dismissed by the appellate court.

It is as well important to note the well settled principle of law that if the grounds for cross appealing a particular judgement are already contained in the main appeal, it is needless to cross appeal. All that the respondent should simply do is to argue those grounds in his brief even when the appellant failed to argue them.³⁰ This does not however negate the trite law that cross appeal cannot be based on the same grounds as the main appeal.

---

About Author

1. (2014) C.A LPELR, pp. 18-19, para. G-A [↩]
2. (2019) C.A LPELR, [↩]
3. Please, see sections 233(1), 240 CFRN, 1999 (as amended [↩]
4. (2008) LPELR SCN [↩]
5. (2007) ALL FWLR (pt. 364) at 370 para D – E (CA [↩]
6. (2019) LPELR – CA/J/68A/2009 [↩]
7. Constitution of the Federal Republic of Nigeria, 1999 (as amended [↩]
8. See section 241(2)(b) of the CFRN, 1999 (as amended [↩]
9. See also section 241(2)(a) (supra [↩]
10. Civil Week 16: Appeals, “https://isochukwu.com/2018/01/22/civil-week-16-appeals/” <accessed November, 18 2023> [↩]
11. See generally, sections 233(2), 241(1), 246(1) of the CFRN, 1999 (as amended [↩]
12. CFRN (supra [↩]
13. (2017) LPELR – CA/L/376/2010 [↩]
14. Ibid. Please, see also section 233(3) & (4 [↩]
15. (2014) LPELR-CA/L/926/2011 [↩]
16. Ibid [↩]
17. Please, see NDIC v Jackson Devos Ltd (2014) LPELR-CA/C/77/2011 [↩]
18. The right to appeal is not eternal. There is a specified period of time in which a party can appeal the decision of the Court below. For an interlocutory judgement, the time frame is 14 days after the delivery of the judgement while the time frame to appeal the final decision of the Court below is three (3) months from the date of delivery of such judgement. In criminal matter, the time frame to bring an appeal is 90 days from the date of delivery of the judgement. See particularly section 24(2)(a)(b) of the Court of Appeal Act. See also Order 6, Rule 11 of the Court of Appeal Rules, 2016, [↩]
19. Check section 241(2)(c [↩]
20. Order 7, Rule 2(1)(2)(3)(4 [↩]
21. See Uzoechina & Ors v. Unokah & Ors (2014) LPELR -CA/B/83/2012 [↩]
22. (2009) LPELR-CA/C/136/2006 [↩]
23. Maigoro v Garba (1999) 10 NWLR (Pt.624) 555 [↩]
24. Kwara State Water Corporation v. AIC Nigeria Ltd. (2008) LPELR-CA/IL/14/2007 [↩]
25. Please, see Ene v Asikpo & Anor (supra [↩]
26. Check section 14 of the Court of Appeal Rules, 2004 [↩]
27. Section 233(3) of the CFRN, see also Nikagbate V. Opaye & Anor (2018) LPELR-43704(SC)”. PER U.M.A.AJI, J.S.C [↩]
28. See Bolanle Olabimtan, “Kano guber: APC files cross-appeal, insists Abba Yusuf submitted ‘forged certificate’ to INEC.” https://www.thecable.ng/kano-guber-apc-files-cross-appeal-insists-abba-yusuf-submitted-forged-certificate-to-inec/amp<accessed December 7, 2023> [↩]
29. Karaye v Wike & Ors (2019) LPELR-SC.312/2009; Akpan v Bob & Ors (2010) 4 – 7 SC (Pt. II) 57 [↩]
30. FENTON KEYNES FINANCE LTD & ANOR V. TRANSPLY NIG. LTD (2010) LPELR-CA/L/510/05 [↩]

Where Lies the Fate of Sustainable Development Amidst a People Striving for Survival?

Imagine a person living on a minimum wage of N30,000 per month in the present day Nigeria where the price of cooking gas is around N1, 400 per kilogramme. Between a gas stove and “Abacha stove”, which do you think s/he will use in cooking? It is glaring that s/he will opt for the latter even though the former is more sustainable.

Sadly, the preceding scenario emblematises the reality in many African nations where most people are driven by survival. Taking this situation into concern, this essay succinctly explores the fate of sustainable development in such nations like Nigeria amidst the poverty-stricken population.

Understanding the Concept of Sustainable Development

As the world navigates towards a green earth, “sustainability” underpins modern development hence the concept of sustainable development which means a “development that meets the needs of the present, without compromising the ability of future generations to meet their own needs.”[i]

While the concept is multidisciplinary as it encompasses environmental, technological, economic and governance issues,[ii] at its heart is the idea of eco-friendliness due to the dependence of human life on the environment hence human development must not lead to overexploitation, pollution, and degradation of the land, water, and air space.

Consequently, striving towards sustainable development  entails developing without degrading the environment, which must be protected and preserved as Ken Saro-Wiwa forewarned that “the environment is man’s first right, we should not allow it to suffer blight…”[iii]

To Survive or Sustain: The Dilemma of Pursuing Sustainable Development in a Developing Nation like Nigeria

Notwithstanding the realisation of the imperativeness of engaging in acts that will not harm the environment nor exacerbate environmental problems, it is worth noting that the concept of sustainable development is still treated like an outcast in many underdeveloped and developing nations in which people are grappling with lack of basic needs of life (water, food, shelter, and clothing).

With statistics showing that over 60% of people living in Nigeria are multidimensionally poor,[iv] it becomes almost a Sisyphean task to tackle unsustainable practices like open air defecation, deforestation, use of charcoal, plastic pollution, and use of fossil fuel amongst others.

This is simply because the bulk of the population cannot afford to live a sustainable life hence, they must cut their coat according to their  cloth. Consequently, the fate of  sustainable development in Nigeria and Africa at large, which is currently the world capital of poverty,[v] appears to be like the biblical account of the “seed that fell among thorns, and the thorns sprang up and choked them”.[vi]

Beyond the Gloom: Finding the Prospect for a Sustainable Future

Even though  what may seem to be the fate of sustainable development in Nigeria appears gloomy, it is in no way a fait accompli that sustainable development cannot be achieved.

Although Africa produces less greenhouse gas emissions, its vulnerability to climate change is high, and a prognostic estimation posits that adapting to climate change in the continent would cost a  yearly spending of $50 billion by 2050.[vii]

In fact, the heat is already felt through issues such as insecurity, incessant floodings, food shortage, and lack of sustainable drinking water and sanitation which are directly/indirectly ensuing effects of climate change.

 Consequent to the foregoing, it behooves humanity (poor and rich) to embrace sustainable development. Since doing so in a poverty-ridden place like Nigeria is not very prospective, there is need to beaver up efforts and take a holistic approach in addressing issues like poverty, access to education, and the other Sustainable Goals Development Goals (SDGs) which are all intrinsic to achieving sustainable development.  

More specific to the environment, addressing the issue of poverty is key because doing so requires addressing issues such as housing and urbanisation, water and sanitation, and waste management amongst others. Also, creating environmental awareness and financing sustainable environmental management will be instrumental in driving sustainable development.

Conclusion

If we really understand our place in society and that of nature, the dependence of humanity on the environment will erase any modicum of doubt surrounding the need to strive towards achieving sustainable development. Thus, expunging obstacles like poverty is a must as we all have a role to play in safeguarding the earth, our only abode.

---

[i] Brundtland Commission, available at < https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://sustainabledevelopment.un.org/content/documents/5987our-common-future.pdf&ved=2ahUKEwj-v9iby_GDAxUETEEAHbokAgcQFnoECEAQAQ&usg=AOvVaw293_rr5E8NxDhKDKPVja0e > accessed 23 January 2023

[ii] Paulinus Chukwudi Nweke, “Poverty and the Quest for Sustainable Development in Africa: Reality, Challenges, and Opportunities” (2018)

[iii] Laura Westra, “Development and Environmental Racism: The Case of Ken Saro-Wiwa and the Ogoni” (19

[iv] Ruth Olunrobi, “Nearly Two-Thirds of Nigerians Live on Less Than $2 a Day” (18 November 2022, Bloomberg) < https://www.bloomberg.com/news/articles/2022-11-18/nearly-two-thirds-of-nigerians-liveon-less-than-2-a-day > accessed 23 January 2024

[v] Paulinus Chukwudi Nweke, “Poverty and the Quest for Sustainable Development in Africa: Reality, Challenges, and Opportunities” (2018)

[vi] Mathew 13: 7

[vii] Africa Development Bank, “Climate Change in Africa” < https://www.afdb.org/en/cop25/climate-change-africa > accessed 23 January 2024

---

Image Credit: The Guardian Nigeria

---

About Author

Overview of the International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of United Nations (UN).

Alternatively referred to as a “peace court”, the ICJ has played active roles in maintaining peace on international level, by settling disputes brought before it by member States, in accordance with international law, as well as giving advisory opinions on legal questions referred to it by authorized United Nations organs.

It was established after World War II to advance the goal of getting countries to use laws and institutions to resolve their disputes instead of resorting to hostility and conflict.

History

The modern history of international arbitration as we have today, has travelled through series of evolution, flowing from the “Jay Treaty” of 1794, primarily between the United States of America and Great Britain down to the present UN’s ICJ.

However, the immediate origin of the ICJ is traceable to the Hague Peace Conferences and the Permanent Court of Arbitration (PCA); and the Permanent Court of International Justice (PCIJ).

The PCA was established in 1900 and began operating in 1902, following the Hague Peace Conference of 1899, convened with the main aim to discuss peace and disarmament. The convention was attended by mostly European, American and few Asian States, and saw to the creation of the permanent bureau, located at Hague in the Peace Palace, a gift by Andrew Carnegie.

Unfortunately, the PCA did not live beyond the disruptive effect of World War I. On the contrary, following the inception of a new international organisation, the League of Nations, there arose a need for the establishment of a Permanent Court of International Justice (PCIJ), which would be competent not only to hear and determine any dispute of an international character submitted to it by the parties to the dispute, but also to give an advisory opinion upon any dispute or question referred to it by the Council of the League of Nations.

Article 14 of the Covenant of the League of Nations empowered the League to establish the PCIJ, which subsequently came into force in 1921, upon adoption and ratification of the PCIJ Statute by the member States. However, it did not form an integral part of the League of Nations, just as the Statute of the PCIJ never formed part of the Covenant. The implication was that a member State of the League of Nations is not subject to the jurisdiction of the PCIJ, unless they have separately adopt and ratify it’s Statute.

Again, the outbreak of World War II in 1939 had a ripple effect on the influence and jurisdiction of the PCIJ, and also saw to a decline in it’s judicial activities. In consequence, the United States and United Kingdom declared intentions in 1942, for the establishment of a new international court of justice after the war.

A committee was set up for this purpose under the chairmanship of an English man, Sir William Malkin. Meanwhile, on 30 October 1943, China, the USSR, the United Kingdom and the United States all in a conference, recognized the necessity for the establishment of a general international organization (an international court of justice inclusive), based on the principle of the sovereign equality of all peace-loving States, and open to membership by all States, for the maintenance of international peace.

A committee of jurists representing 44 States was constituted, under the chairmanship of G. H. Hackworth (United States), and was entrusted with preparing a draft Statute for the future international court of justice. The draft Statute was not completely new but rather based on the PCIJ Statute, and was subsequently submitted to the San Francisco Conference slated to meet in April 1945 to draw up a Charter for United Nations.

Unlike the PCIJ, the conference decided on the creation of an entirely new court, which would be a principal organ of the United Nations, on the same footing as the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat, and whose statute would be annexed to the Charter, forming an integral part of it. In April 1946, the PCIJ was formally dissolved, and the International Court of Justice took it’s place, in the Peace Palace, at Hague.

The ICJ’s first elected President became Judge José Gustavo Guerrero (El Salvador), the last President of the PCIJ. In May 1947, the court heard its first proceeding, brought by the UK against Albania, concerning an incident in the Corfu Channel.

Composition of the ICJ

The ICJ is composed of 15 judges, who must be citizens of different nations, such that no two judges shall hail from the same country.

These judges are thus elected to nine-year terms by majority votes in the UN General Assembly and the Security Council. The judges, one-third of whom are elected every three years, are eligible for re-election, and must be of “high moral character”, possessing the qualifications required in their respective countries for appointment to the highest judicial office.

The judges elect their own president and vice president, each of whom serves a three-year term, and can appoint administrative personnel as necessary. Additionally, the court may also appoint ad hoc judges to hear proceedings, as was in the case by South Africa against Israel.

Jurisdiction of the ICJ

The International Court of Justice has jurisdiction in two types of cases:

I. Contentious Jurisdiction

Primarily, the ICJ has no true compulsory Jurisdiction, but can only maintain one on the basis of consent, in which the court may produce binding rulings between states that agree to submit to the jurisdiction of the court. Only Member States may be parties to a contentious case before the ICJ.

In order words, individuals, corporations, parts of a federal state, NGOs, UN organs and self-determination groups are excluded from direct participation in cases, although the Court may receive information from public international organisations.

This does not however, preclude a state from bringing actions against another in a subject matter in which the former has no direct interest. Such instances include where a state brings an action on behalf of one of its nationals or corporations.

Article 36 outlines four bases on which the Court’s jurisdiction may be founded.

a. Special agreement

Article 36(1) of the UN Charter provides that parties may refer cases to the Court, founded on special agreement, where such States had consented to the jurisdiction of the ICJ. 

b. Compromissory Clause

Article 36(1) also gives the Court jurisdiction over matters specifically provided for in treaties and conventions, where such treaties contain a compromissory clause, providing for dispute resolution by the ICJ. For instance, Article 36(2) of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances provides that disputes may be referred to the ICJ.

c. Optional Clause Declarations

Article 36(2) allows states the discretion to make declarations accepting the Court’s jurisdiction as compulsory. For example, Australia accepts compulsory ICJ jurisdiction conditionally, whereas Brazil has not accepted compulsory ICJ jurisdiction, directly. However, Brazil has accepted the compulsory jurisdiction by becoming a Party to the Pact of Bogota

d. Succession from PCIJ

Finally, Article 36(5) provides for jurisdiction on the basis of declarations made under the Permanent Court of International Justice’s statute. Article 37 of the ICJ’s statute similarly transfers jurisdiction under any compromissory clause in a treaty that gave jurisdiction to the PCIJ.

II. Advisory Opinion

An advisory opinion is a function of the court open only to specified United Nations bodies and agencies. Here, the ICJ provides reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of the United Nations General Assembly.

Although it often does, it is not exclusive only to cases that concern controversies between States. The advisory opinions of the court are influential and widely respected interpretations of the law, but they are not authoritative, and they are inherently non-binding under the Statute of the Court.

Cases

Cases before the ICJ are resolved in one of three ways:

1. they can be settled by the parties at any time during the proceedings;
2. a state can discontinue the proceedings and withdraw at any point; or
3. the court can deliver a verdict.

The ICJ decides disputes in accordance with international law as reflected in international conventions, international custom, general principles of law recognized by civilized nations, judicial decisions, and writings of the most highly qualified experts on international law.

It’s decisions, estimated within the range of 70 from 1946 to 2000, are binding on the parties and have been concerned with issues such as land and maritime boundaries, territorial sovereignty, diplomatic relations, the right of asylum, nationality, and economic rights.

Notwithstanding, the court is challenged on the grounds of lack of enforcement, but according to article 94 of the Charter of the United Nations, a party may have recourse to the security council to recommend measure to be taken to give effect to the judgment.

Few state parties to a case before the ICJ, have however failed to carry out the court’s decisions. Two exceptions are Albania, which failed to pay £843,947 in damages to the United Kingdom in the Corfu Channel case (1949), and the United States, which refused to pay reparations to the Sandinista government of Nicaragua (1986).

The United States also withdrew its declaration of compulsory jurisdiction and blocked Nicaragua’s appeal to the UN Security Council. In general, however, enforcement is made possible because the court’s decisions, though few in number, are viewed as legitimate by the international community.

In rendering its decision in the South Africa v. Israel case, the ICJ made specific reference to the obligation of the parties to abide by the decisions of the court precisely to respond to this concern.

Conclusion

Conclusively, despite inherent jurisdictional conflicts, unpopular legitimacy and low enforcement of its decisions amongst member States, the establishment of the ICJ has impacted positively to the sustenance of peace in international level.

The decision of the court, nonetheless, possesses important weight shifting the understanding of those around the world about the legality or illegality of the actions taken by the states involved.

And even if the decisions are not formally enforced by the Security Council, they are often enforced in a more decentralized way, by shaping the way in which states respond to the parties involved in the dispute.

For example, the ICJ’s decision that Russia’s invasion of Ukraine was unlawful, likely played a role in many states’ willingness to provide unprecedented financial and military support to Ukraine in its defense against Russia. International law often has force in this way, by shaping how states respond to one another’s actions and even those states determined to ignore it.

---

About Author

Anticipatory Bail: Insights Under the Indian Laws

When discussing anticipatory bail, it is pertinent to understand what a bail is, as it serves as the foundation of anticipatory bail. A bail, in simplified terms, is a legal relief that a person may be entitled to in order to get temporary freedom until final judgment is passed. It is the temporary release of a suspect pending the determination of a court trial. Anticipatory bail, as the word anticipatory denotes, refers to a juridical provision that enables a person expecting arrest for a non-bailable offense to apply for bail beforehand. It is therefore a legal remedy in which an individual who is at risk of being arrested can apply for bail in advance of the arrest. The primary purpose of this article is to provide insights on the process of getting anticipatory bail, with citations from relevant case laws and statutory authorities.

What is Anticipatory Bail?

Under the Indian criminal laws, a person is provided with the avenue to get bail in anticipation of an arrest for committing a non-bailable offense. This type of bail is otherwise known as an anticipatory bail. Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. This type of bail is granted when an accused is anticipating an arrest.

Additionally, anticipatory bail is a critical legal tool that can protect individuals from wrongful or unlawful detention and ensure that they have access to due process. A person can apply for anticipatory bail after learning that a criminal complaint has been filed against him. However, the person needs to fulfill an eligibility criteria in order to apply for this type of bail.

Anticipatory bail is granted under Section 438 of the Criminal Procedure Code 1973, hereinafter referred to as CrPC, when a person has the apprehension of arrest in criminal cases. This section was included in the CrPC after the Law Commission of India recommended its incorporation. Law Commission of India in its 41st report recommended to incorporate this provision in procedure code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court.

According to the statutory provisions of Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same. It solely depends on the circumstances and the seriousness of the offence. Anticipatory bail can be granted for a non-bailable offence and will be valid only if the person has no direct connection or when the Court believes that the person is innocent.

The locus classicus case of Badresh Bipinbai Seth v. State of Gujarat establishes an anticipatory bail wherein the Supreme Courtheld inter alia that the provision of anticipatory bail enshrined in Section 438 of the CrPC is conceptualized under Article 21 of the Constitution which relates to personal liberty. Therefore, such a provision calls for liberal interpretation of Section 438 of the Code in light of Article 21 of the Constitution. The Code explains that an anticipatory bail is a pre-arrest legal process which directs that if the person in whose favor it is issued is thereafter arrested on the accusation in respect of which the direction is issued, he shall be released on bail.

Furthermore, In the case of Sushila Agarwal v. State of Delhi 2020 SCC Online SC 98, the Supreme Court held inter alia that the protection granted to a person under Section 438 Cr.PC should not invariably be limited to a fixed period; it should inure in favor of the accused without any restriction on time. The court also held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed but can continue till the end of the trial. Again, if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so.

Who Can Apply For Anticipatory Bail?

As earlier established, anticipatory bail empowers the accused to seek a reprieve from arrest. It can be only issued by the High Court of a state or Sessions Court. Therefore, any Indian citizen accused of a cognizable or non-cognizable offense and is expecting arrest can approach a Sessions Court or High Court of a state to get anticipatory bail. It is however important to note that people apply for anticipatory bail when they believe that they have been falsely implicated in a case or have been subject to trumped-up charges and might get arrested.

How To Apply For Anticipatory Bail?

The steps to apply for an anticipatory bail are stated in the following;

• Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail

It is advisable to engage a criminal lawyer once a criminal complaint has been lodged. Once engaged, a suitable course of action including application for pre-arrest notice, notice bail or anticipatory bail can be decided upon.

• Get the lawyer to draft an anticipatory bail mentioning your version of the facts

The Lawyer is empowered by the law to draft an application for anticipatory bail mentioning as to why the bail shall be granted while stating your version of the facts surrounding the matter.

• Apply at the appropriate district court or high court

Once the application for anticipatory bail is drafted, the Lawyer will then file the same at an appropriate Sessions Court or High Court of a state.

What are the criteria to be fulfilled before an anticipatory bail is granted?

• The offence against which the bail is sought should be a non-bailable offence.
• There should be a grave apprehension that the accused will be arrested by the police authorities for such a non-bailable offence

Conclusion

In order to successfully obtain anticipatory bail, it is essential to consult with an experienced criminal lawyer who is familiar with the processes involved.

Moreso, the party seeking anticipatory bail must demonstrate a strong need for such legal relief and provide evidence to support their case. The applicable statutes and case law governing anticipatory bail in the relevant jurisdiction must also be taken into view.

In addition, it may be necessary to provide bail security as a condition of release. All these factors must be carefully considered in order to obtain anticipatory bail.

References

• “Anticipatory Bail Application Format: How to apply for Anticipatory Bail” https://lawrato.com/indian-kanoon/criminal-law/anticipatory-bail-application-how-to-apply-for-anticipatory-bail-lawratocom-13
• Anticipatory bail: basic overview
• https://www.linkedin.com/pulse/anticipatory-bail-b-prachi-pratap?utm_source=share&utm_medium=member_android&utm_campaign=share_via
• “Anticipatory Bail: Meaning, Cost, Section, Conditions | UPSC” https://byjusexamprep.com/current-affairs/anticipatory-bail

---

Image Credit: ORIGIN26 LAW LABS

---

About Author