The article calls for the alteration of the present risk-benefit calculus of would-be coup plotters that may wish to subvert Nigeria's democracy, by arguing for the introduction of an ex ante risk of ex post prosecution for successful usurpations. The prosecution of those that subverted Nigeria's democracy on 31 December, 1983, will alter the present risk-benefit calculus, which is skewed in favour of coup plotting. Since such a prosecution will not succeed if the constitution imposed on Nigeria by its last military rulers continues to be accepted as valid, the article furnishes the legal basis for its judicial annulment and the consequent unearthing of the Constitution of 1979. By demonstrating that the Constitution of 1999 is a sham, it becomes evident that the judiciary has a duty under the Constitution of 1979 to pronounce this document as null and void.

Impeachment proceedings are a rarity in the African context. This is not surprising given the history of executive dictatorships, all-powerful one-party states and a subservient media. With the dramatic change in the constitutional landscape of the 1990s, attention should be focused on the adequacy of the presidential removal provisions in African constitutions. This article therefore undertakes a critical review of the relevant provisions in anglophonic African states. It argues that they are unsatisfactory in several respects and calls for them to be thoroughly revised.

This article looks at the essential features and the effects of the South African land reform initiatives launched in the mid-1990s. After examining the context in which these initiatives have taken place, it deals separately with the three subprogrammes of land reform, namely, land restitution, land redistribution and land tenure reform. It discusses two particular features of the programme: its provision of title to millions of South Africans and its adjustment of the correlative position between the landowner and the holder of a lesser possessory or occupational right.

This article examines the right to self-determination and the various constitutional mechanisms that can be used to accommodate cultural diversity. Using the South African and Ethiopian constitutions as case-studies, it concludes that it is possible to respect the principle of equality and the right to identity of "population groups" in a way which will pre-empt calls for external self-determination, and it suggests that the mechanisms used in these two countries may serve as a model elsewhere in Africa and beyond.

This article examines a recent attempt to promote sustainable forest management in Ghana through the Timber Resources Management Act, 1997. It places the Act in the context of massive deforestation and analyses its provisions imposing social and environmental conditions on the timber industry and giving a greater role to local communities. It warns that excessive government intervention may undermine the industry and the important part it plays in Ghana's economy.

Combatting the mismanagement of government funds by public officials remains a challenge in Kenya as well as in many African countries. Current mechanisms have not proved effective and need strengthening. This article argues that courts in Kenya should allow taxpayers standing to bring actions challenging allegedly improper government expenditure. Drawing upon the experience of courts in the United States, it demonstrates the potential effectiveness of such actions.

This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.

This article provides an overview of criminal justice policies adopted in Commonwealth Africa during the last 40 years. It shows that, far from attempting to devise policies appropriate to the needs of a developing contemporary African state, governments have pursued the same policies as their colonial predecessors, based on retribution and general deterrence. The criminal law has been used to secure social and economic objectives and concern about crime levels has led to an erosion of a defendant's rights and the introduction of increasingly harsh punishments. Prospects for the future are gloomy, particularly in states where definitions of criminality are contested.

This article provides a detailed analysis of the Insider Trading Act, 1998, of South Africa. While it welcomes those provisions designed to proscribe insider trading by creating offences and introducing severe sanctions, it criticizes the Act for doing little to promote the goals of corporate compensation and market efficiency. The article adopts a comparative approach and draws widely on legislative attempts in other jurisdictions to control insider trading.

The practice of the National Office for Technology Acquisition and Promotion has been to insist that in contracts for the transfer of technology involving Nigerian parties on the one hand and foreigners on the other, Nigerian lawmust be chosen as the law governing the obligation of the parties under the contract. This article critically examines the legality and relevance of this approach and considers in particular the relevant legislation, the doctrinal bases of choice of law and the practical implications of the choice of Nigerian law in the context of its legal development. The article concludes that the current position needs to be reviewed in that the current approach may ultimately prove harmful to foreign investment and technology in the country.

The laws of Cape Verde are unusual in that the islands were uninhabited prior to the arrival of the Portuguese and their legal system. The extent to which Capeverdean law is and is likely to be influenced by Portuguese law is considered. The article concludes that whilst some original legal solutions have been developed in Cape Verde, its limited legal resources and the continuing close ties with Portugal will remain but this should be seen as a strength rather than a weakness of the legal system.

The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. The section provides:

“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”

For Africa, the launch of the United Nations Decade for Human Rights Education represents an invaluable opportunity to help transform human rights ideals into reality. The article assesses the key characteristics of this strategy and its viability in the African context. It highlights current constraints on implementing the Plan of Action and suggests some solutions.

The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and useful lessons for states wishing to improve the quality of their reports.

Section 24 of the Constitution of the Republic of South Africa, Act 108 of 1996, provides:

“Everyone has the right

(a) to an environment that is not harmful to their health or well-being; and

(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that

(i) prevent pollution and ecological degradation;

(ii) promote conservation; and

(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”