This article critically analyses the reparations and asset forfeiture framework at the Extraordinary African Chambers and its application in the case against Hissène Habré. It identifies obstacles to implementing the reparations awarded and calls for states and international organizations to support their realization for the sake of Habré’s victims, without whose efforts the tribunal might not exist. It argues that international(ized) criminal tribunals should more readily utilize fines and forfeiture as penalties to alleviate the pressure on trust funds to implement reparations awards, particularly in cases where convicted persons possess substantial assets. Lastly, in light of the requirement that assets susceptible to forfeiture orders be derived directly or indirectly from the crime(s) of which a person is found guilty, the article questions the failure of the prosecutor to charge Habré with the war crime of pillage, despite its availability in the tribunal's statute and the finding that the suffering of many of Habré’s victims entitled to individual compensation resulted from pillage.

This article investigates and illustrates the role and importance of a rights-based approach to foreign agro-investment for the government of Cameroon when it is required to govern foreign agro-investment activities. In doing so, the article offers an analytical framework based on human rights norms, principles and standards emerging from relevant international and regional human rights instruments. It aims to provide clarity on how local communities’ rights could be respected, protected and fulfilled when and where foreign agro-investment occurs. Consequently, because a rights-based approach requires states to respect their minimum human rights obligations, its use in the foreign agro-investment context is crucially important to help compel the government of Cameroon to ensure the respect, protection and fulfilment of local communities’ rights.

The practice of cassation over cassation and its consequent rule of precedent have resulted in a legal quagmire. The impact is evident in the pecuniary disposition of a bigamous marriage with far-reaching legal ramifications for a valid marriage in Ethiopia. In fact, the pecuniary consequences of a bigamous marriage have remained a perplexing challenge in Ethiopia due to, inter alia, the debatable precedential practice of the Federal Supreme Court. Given the constitutionally guaranteed regional autonomy of the regional states to regulate family matters in Ethiopia, the practice has constitutional implications for the application of the Oromia Family Code. This article argues that the federal doctrine of precedent and its enabling legislation not only lack a concrete constitutional basis, but also encroach upon the constitutional autonomy of regional states and the constitutional rights of legitimate spouses. Exploring the constitutional dimensions of the practice and its legal ramifications, the article suggests possible options to change the practice at a regional level.

Private prosecutions have been part of the Nigerian legal system for a long time. In 2015, the Administration of Criminal Justice Act (ACJA) came into force. The ACJA provides for, inter alia, circumstances in which a person may institute a private prosecution. In this article, relying on jurisprudence emanating from Nigerian courts before the ACJA came into force, the author suggests ways in which Nigerian courts could approach the right to institute a private prosecution under the act. To achieve this objective, the author discusses: the right to institute a private prosecution; locus standi to institute a private prosecution; and measures to prevent abuse of the right to institute a private prosecution.

The common law doctrine of uberrimae fidei is pivotal to all contracts of insurance. It imposes a duty on the parties to act towards each other with utmost good faith by disclosing all material facts and not misrepresenting any fact, either before the contract is formed or while the contract subsists. This article examines the doctrine and its statutory reforms in Nigeria and the United Kingdom. It argues that, before the statutory interventions, the iniquitous doctrine was a potent weapon, most often used by insurers to defeat just and legitimate claims by an insured. Although the legislation has brought some measure of relief to the insured in these jurisdictions, the article concludes that there are still some grey areas in the Nigerian law that need to be addressed to further the cause of justice between the contracting parties.

A director may serve a company in more than one capacity. In his capacity as a shareholder, a director may hold voting rights in the company. One consideration regarding the removal of a director from office is their removal by shareholders in circumstances where the directors are themselves shareholders in the company and hold weighted votes. This article appraises whether, under the South African Companies Act 71 of 2008, a shareholding-director who holds shares with weighted votes would validly and lawfully be able to block his removal from office by the company's shareholders. This article makes suggestions regarding the use of weighted votes to block the removal of directors from office, and calls for an important amendment to the South African Companies Act 71 of 2008 to prevent weighted votes being used as a device to block the removal of directors from office.