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International Law
and Development
in the Global South
Edited by
Emeka Duruigbo · Remigius Chibueze ·
Sunday Gozie Ogbodo
International Law and Development in the Global
South
Emeka Duruigbo · Remigius Chibueze ·
Sunday Gozie Ogbodo
Editors
International Law
and Development
in the Global South
Foreword by Chima Centus Nweze
Editors
Emeka Duruigbo Remigius Chibueze
Rosenberg, TX, USA San Francisco, CA, USA
Sunday Gozie Ogbodo

Enugu, Enugu State, Nigeria
ISBN 978-3-031-13740-2 ISBN 978-3-031-13741-9 (eBook)

https://doi.org/10.1007/978-3-031-13741-9
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
Nature Switzerland AG 2023
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc.
in this publication does not imply, even in the absence of a specific statement, that such
names are exempt from the relevant protective laws and regulations and therefore free for
general use.
The publisher, the authors, and the editors are safe to assume that the advice and informa-
tion in this book are believed to be true and accurate at the date of publication. Neither
the publisher nor the authors or the editors give a warranty, expressed or implied, with
respect to the material contained herein or for any errors or omissions that may have been
made. The publisher remains neutral with regard to jurisdictional claims in published maps
and institutional affiliations.
This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
This book is dedicated to Professor Christian N. Okeke. The contributors of
this work have been impacted in one way or the other by Prof. Okeke.
Foreword
Professor Dr. Christian Nwachukwu Okeke commenced his teaching

career at the Faculty of Law, University of Nigeria, Enugu Campus.
Subsequently, he became the pioneer Dean, Faculty of Law, Anambra
State University of Science and Technology, Awka. He was, also, the
pioneer Dean, Faculty of Law, Enugu State University of Science and
Technology. He was, equally, the Deputy Vice Chancellor, Enugu State
University of Science and Technology, Enugu.
In addition to the above first positions, he is the pioneer Pro-
Chancellor and Chairman of The Governing Council, Godfrey Okoye
University, Ugwuomu, Nike, Enugu. He is, currently, the Director of
LL. M and SJD Programs and Director, Sompong Sucharitkul Center for
Advanced International Legal Studies, Golden Gate University School of
Law, San Francisco, California, United States of America.
A multi-juridical scholar, Prof. Christian Nwachukwu Okeke has taught
International and Comparative Law in, almost, all the Continents of
the world. He is an academic who is at home with the dynamics of
Contemporary International and Comparative Law.
He is a polemicist and polyglot whose works on public international
law; comparative law and international economic law are compulsory
reading for undergraduate and graduate students across the globe. He
has, as such, carved a niche for himself on that great pantheon where
world-renown publicists and polemicists trade law.
vii
viii FOREWORD
Against the above background, this new book, a collection of essays

titled International Law and Development in the Global South is a great
tribute to Professor Christian Okeke’s perseverance; versatility; diligence
and nonpareil accomplishments in the academe. Edited by Professors
Remigius Chibueze; Emeka Duruigbo and Gozie Ogbodo, the book
boasts a vast collection of contributors on, almost, every conceivable
aspect of International and Comparative Law.
This Book of Essays is, therefore, in honour of Professor Dr. Christian
Nwachukwu Okeke as part of the celebration of his eightieth birthday and
over five decades of teaching and legal scholarship works. The contribu-
tors to this book are friends and colleagues of Professor Okeke. Most of
them are some of his former students, who are making their own marks
in the judiciary, universities, legal practice, government institutions and
other areas of the legal profession across the world.
The essays are as diverse as Professor Christian Nwachukwu Okeke’s
illustrious academic career. They provide the reader with informative and
reasoned arguments on the topics covered. True, indeed, they are remark-
able for their breadth; the lucidity of prose; the disarmingly felicitous
style; their range and diversity. As a former student of Professor Okeke, I
am delighted to have been invited to write this ‘Foreword’ for this book.
The honoree, Professor Okeke, is a tireless advocate of the teaching,
promotion and application of law for the advancement of the society.
He believes in the grooming of future leaders and educators of the law,
which he considers a sine qua non for a better world. He is a cham-
pion of the teaching and promotion of international law generally, but
specifically in Africa. He exemplifies the selfless and dedicated teacher
who derives immense satisfaction from the success of his students and
colleagues. He has maintained close relationship with his former students
and colleagues, including myself. It is therefore not a surprise that they
have deemed it worthy to commemorate his eightieth birthday with a
work of scholarship, which is a staple of his distinguished career having
authored numerous scholarly writings over the years.
For this same reason, in 2009, I pioneered a Liber Amicorum titled
Contemporary Issues on Public International and Comparative Law—
Essays in Honour of Professor Dr. Christian Nwachukwu Okeke. This new
book is, therefore, a sequel to that initial work honouring this distin-
guished scholar. It attests to the earlier conviction that informed the
first work that Professor Okeke is, exceptionally, unique. He, therefore,
deserves this honour as his contributions to legal scholarship continue
FOREWORD ix
to grow in appreciation and circulation. He continues to exemplify his

unique set of skills and humanity that led me to describe him as an
intellectual troubadour.
Upon my intimate perusal of this breathtaking work, I, strongly and
unreservedly, commend it to one and all—in particular, to all superior
court Justices and Judges all over the world; Professors of Law; other
law teachers and their students; Queen’s Counsel and Learned Senior
Advocates of Nigeria; Prosecutors; Law and Policy Makers and to anyone
interested in International Law and Development in the global South.
Chima Centus Nweze, Ph.D.

Life Bencher; FCIArb, Justice
Nigeria Supreme Court
Abuja, Nigeria
Reflections
The Continuing Relevance and Importance

of Pacta Sunt Servanda in Contemporary
International Law: A Re-Appraisal
International law has expanded to cover new subjects1 and new fields,
such as the present dangerous global pandemic of the coronavirus that
the world is experiencing. With a view to combating this pandemic
and protecting the world’s citizens, the World Health Organisation
(WHO), the European Commission and France designed COVAX-19,
bringing together governments, global health organisations, manufac-
turers, scientists, private sector, civil society and philanthropy, with the
aim of providing innovative and equitable access to COVID-19 diagnos-
tics, treatments and vaccines, particularly the latter. Furthermore, COVAX
is aimed at ensuring that every state and people will get access to the
COVID-19 vaccines, once they are available, regardless of their wealth.
COVAX is coordinated by the (WHO), Gavi, the Vaccine Alliance, the
Coalition for Epidemic Preparedness Innovations (CEPI), guaranteeing
that every state secure doses of the vaccines. Higher-income countries
could join as ‘self-financing participants.’ To do so, they could sign a
standard legal agreement with Gavi, the legal administrator of COVAX
1 C.N. Okeke, Controversial subjects of international law: An examination of new

subjects of international law and their treaty-making capacity, 1974.
xi
xii REFLECTIONS
with the intention that, in the first phase of distribution, all countries
participating in COVAX will receive doses for up to 20% of their popula-
tion, with the option for self-financing parties to secure more afterwards.
For lower-income funded nations, COVAX quite literally provides a life-
line and in some cases the only viable way in which their citizens will get
access to COVID-19 vaccines to protect their citizens.
As Gavi signs only a single agreement with each pharmaceutical
company, this would prevent states from outbidding each other to get
better deals, guaranteeing a standard price for everyone as well as faster
deliveries. Accordingly, COVAX is designed to serve the interest of both
the high-income as well as lower-income funded nations. The role of
international law can be seen in this global, multilateral approach in
combating the pandemic.
International law has also extended its competence to include the
important issue of climate change or global warming, which has been
wreaking havoc in terms of natural disasters—floods, wildfires, etc. in the
various regions of the globe—a type of climate pandemic.
This issue was negotiated and concluded within the United Nations
Framework Convention on Climate Change (UNFCC), according to
which the 197 Parties that adopted the Agreement and the 191 that have
signed it and the 74 states and the European Union (as of 7 October
2016) that have ratified, accepted or undertook the obligation to miti-
gate climate change, and to limit the emission of greenhouse gas into the
atmosphere.
As stated earlier, the rule of pacta sunt servanda is about the fulfil-
ment of legal obligations by states: it is a fundamental, some would
say, a foundational principle, of international law. Many of the princi-
ples of the Charter of the United Nations—the sovereign equality of
states, the non-use of force by states in their international relations, the
peaceful settlement of international disputes, are predicated on the prin-
ciple, as indeed the Charter itself. The rule applies when these principles
are embodied in an international treaty and the parties to such treaty are
required to comply with or carry out their legal obligations in good faith.
The rule is recognised as part of customary international law. It is also
present in the different legal systems of the world recognised as general
principles of international law in terms of the Statute of the International
Court of Justice. Articles 26 and 27 of the Vienna Convention on the
Law of Treaties (VCLT) proceeded to codify it. According to Article 26:
‘Every treaty in force is binding upon the parties to it and must be
REFLECTIONS xiii
performed in good faith.’ This is not to suggest that every provision in a

treaty creates a legal obligation. Whether an obligation is legally binding
depends on whether the parties intended it to be so, and according to
the language in which the provision of the treaty is expressed. Where
the verb ‘shall’ is used in a provision, it will be interpreted as creating a
legal obligation; where ‘should’ or ‘encourage’ is used, the provision will
be treated as a recommendation. The use of ‘may,’ may be considered a
licence or permission and where ‘should’ is used as in ‘support should be
provided for developing countries,’ it cannot be interpreted as creating a
binding legal obligation, perhaps as a political commitment.
The conclusion to be drawn from the above is that pacta sunt servanda
remains the rule. Legal obligations, compared to political or moral obliga-
tions, are legally binding on parties to the treaty and must be observed or
implemented. This is irrespective of the character of the treaty whether
bilateral or multilateral. The purpose of the rule is to guarantee the
stability of the international legal order and to prevent behaviour not
in conformity with the treaty obligations or with international law. This
is important when it is realised that relations between states can only
be conducted on the basis of good faith with the expectation that legal
obligations undertaken will be fulfilled or observed.
In spite of the clarity of the rule, some states have occasionally rolled
back from their legal obligations under a treaty, including the Charter
of the United Nations. For example, the 2003 war in Iraq. Furthermore,
and recently, a minister speaking on behalf of the British government in its
effort to withdraw its membership from the European Union stated the
United Kingdom was prepared to break its treaty obligations ‘in a very
specific and limited way.’ Similar declarations or measures have been taken
by other states, which are considered in breach of their legal obligations.
Such declarations, actions or measures not only put into question the
validity and effectiveness of the rule but undermines the stability of the
international legal order and relations between states.
The intention of this contribution is not to censure but to underscore
that to breach a legal obligation whether in a ‘limited and specific way’
cannot serve as a justification for a party not to carry out its legal commit-
ments entered into in good faith and is a breach of international law.
Questions regarding derogation, impossibility of performance, necessity,
fundamental change of circumstance (rebus sic stantibus ) or force majeure
are to be considered in the context of the Vienna Convention on the Law
of Treaties and in conformity with the treaty. In other words, pacta sunt
xiv REFLECTIONS
servanda remains the rule as reflected in Articles 26 and 27 of the Law of

Treaties. Article 27 stipulates that a party to a treaty is to ensure that its
domestic obligations do not override its international legal obligations.
In the light of the foregoing, the following conclusions can be drawn:
the principle of pacta sunt servanda remains a fundamental principle of
international law today as in the past. It serves a useful purpose in estab-
lishing and regulating the legal relationship between states. It contributes
immensely to the strengthening of the existing legal order, thereby
precluding arbitrary behaviour in the international system. Finally, it must
be noted that a breach of an international legal obligation constitutes a
ground for invoking state responsibility.
No other individual epitomises the rule at a personal level than the
scholar whose 80th birthday this Liber Amicorum is honouring.
The Hague, The Netherlands A. G. Koroma

Former Judge, International
Court of Justice
Acknowledgements
The editors express their appreciation to Justice C.C. Nweze for accepting
to write the foreword to this book and to Judge Koroma for his reflections
on the continued relevance of the pacta sunt servanda principle. Addi-
tionally, the editors thank the contributors for taking time to respond to
the invitation to contribute a chapter to this book. To the publishers, we
thank you for your patience, understanding and cooperation throughout
the process of working with us to make this a reality.
xv
Contents
1 Introduction 1
Remigius Chibueze, Emeka Duruigbo,
and Sunday Gozie Ogbodo
2 The Case for Domestic Workers’ Bill of Rights
in Bangladesh: Preliminary Observations 5
Zakia Afrin
3 Causes and Implications of Worsening Insecurity
in Nigeria: Developing a Cure Through the Law 13
Nicholas O. Agbo
4 Restorative Justice and Non-Custodial Measures
as Panacea for Prison Decongestion in a Covid-19
Era: Nigeria in Perspective 33
Chinyere Comfort Ani
5 Principle of Responsibility to Protect: Implications
for Sovereignty 55
Eustace C. Azubuike
6 International Law and Frozen Conflicts in Eastern
Europe and the Caucasus 79
Oleksandr Biryukov
xvii
xviii CONTENTS
7 How U.S. Courts Handle GDPR in Discovery

Process: An Examination of a U.S. Patent
Infringement Case 99
Azam Zare Chahoki
8 International Criminal Jurisdiction of the African
Court of Justice and Human and Peoples’ Rights:
Promoting or Obstructing Accountability? 115
Remigius Chibueze
9 The Supremacy of Might Over Right
in the International Legal Order 139
Larry O. C. Chukwu and Patience N. Tochukwu
10 State Succession in International Law 155
Andrew Conteh
11 Local Regulation of Multinational Corporations 177
Emeka Duruigbo
12 Judicial Misconduct: Analyzing the Code of Conduct
for Judicial Officers in Nigeria 197
Ndubuisi J. Madubuike-Ekwe
13 Development of International Commercial
Arbitration in Virtual Reality During the COVID-19
Pandemic 215
Aileen Huang
14 Recovery from International Trade Crisis 233
Ramesh Bikram Karky
15 Surrogacy, Religious Culture, and the Imperatives
of the Law: Any Caveats for Law Makers? 251
Obiajulu Nnamuchi
16 A Case for the Application of Strict Liability in Oil
and Gas Pollution Cases in Nigeria 273
Sunday Gozie Ogbodo and A. Chinwe Umadia
17 Nganjiwa V Federal Republic of Nigeria—Judicial
Contrivance of Immunity for Judges? 301
Osita Nnamani Ogbu
CONTENTS xix
18 A Critique of the Nigeria National Security Strategy

2019 321
M. Ozonnia Ojielo
19 The American Judiciary and Judicial Institutions
on Trial 337
Ifeanyi Innocent Onwuazombe
20 The Unconformity of California’s Gender Quota Law
with the Contractual Theory of Corporate Law 355
Murat Can Pehlivanoğlu
21 The Role of the Judiciary in Development of an ISDS
Mechanism in Vietnam 373
Chau Huy Quang
22 In-Country Processing as a Solution
to the International Refugee Crisis: The Example
of the CAM Program 393
Giulia Rettagliati
Index 409
Notes on Contributors
Afrin Zakia Golden Gate University School of Law, San Francisco, CA,
USA
Agbo Nicholas O. Faculty of Law, University of Nigeria, Nsukka,
Nigeria
Ani Chinyere Comfort Enugu State High Court, Enugu State Judi-
ciary, Independence Layout, Nigeria
Azubuike Eustace C. Golden Gate University School of Law, San Fran-
cisco, CA, USA
Biryukov Oleksandr Institute of International Relations of Taras
Shevchenko National University of Kyiv, Kyiv, Ukraine;
Fulbright Scholar, New York University School of Law, New York City,
USA
Chahoki Azam Zare Golden Gate University School of Law, San Fran-
cisco, CA, USA
Chibueze Remigius Golden Gate University School of Law, San Fran-
cisco, CA, USA
Chukwu Larry O. C. Faculty of Law, University of Abuja, Abuja,
Nigeria
xxi
xxii NOTES ON CONTRIBUTORS
Conteh Andrew California State University Stanislaus, Stanislaus, CA,

USA
Duruigbo Emeka Thurgood Marshall School of Law, Texas Southern
University, Houston, Rosenberg, TX, USA
Huang Aileen Golden Gate University School of Law, San Francisco,
CA, USA
Gozie Ogbodo Sunday Enugu, Enugu State, Nigeria
Karky Ramesh Bikram School of Business, Conestoga College Institute
of Technology and Advanced Learning, Kitchener, ON, Canada;
School of Accounting and Finance, Adjunct Faculty at the University of
Waterloo, Waterloo, ON, Canada;
School of Law, Vrije Universiteit Brussel, Brussels, Belgium
Madubuike-Ekwe Ndubuisi J. Faculty of Law, Benson Idahosa Univer-
sity, Benin-City, Nigeria
Nnamuchi Obiajulu Faculty of Law, University of Nigeria, Enugu
Campus, Enugu, Nigeria
Ogbu Osita Nnamani Faculty of Law, Enugu State University of
Science and Technology (EUST), Agbani, Enugu State, Nigeria
Ojielo M. Ozonnia United Nations System, Bishkek, Kyrgyz Republic
Onwuazombe Ifeanyi Innocent Golden Gate University School of
Law, San Francisco, CA, USA
Pehlivanoğlu Murat Can İstanbul Kent University, Istanbul, Turkey
Quang Chau Huy Saigon Centre, Ho Chi Minh City, Vietnam
Rettagliati Giulia Law Offices of Marco Ambron, San Francisco, CA,
USA
Tochukwu Patience N. Faculty of Law, University of Abuja, Abuja,
Nigeria
Umadia A. Chinwe Faculty of Law, Godfrey Okoye University, Enugu,
Nigeria
Abbreviations
AAA-ICDR American Arbitration Association-International Centre for

Dispute Resolution
ACHPR African Court on Human and Peoples’ Rights
ACICA Australian Center for International Commercial Arbitration
ACJ Court of Justice of the African Union
ACJA Administration of Criminal Justice Act
ACJHR African Court of Justice and Human and Peoples’ Rights
ACJL Administration of Criminal Justice Law
ADR Alternative Disputes Resolution
AI Artificial Insemination
APC All Progressives Congress
ART Artificial Reproductive Technology
AU African Union
BNWLA Bangladesh National Women Lawyers’ Association
CAM Central American Minors
CAP Corporate Accountability Project
CBRNE Chemical, Biological, Radiological, Nuclear and Explosive
CIETAC China International Economic and Trade Arbitration Commis-
sion
CIS Commonwealth of Independent States
CJN Chief Justice of Nigeria
CNN Cable News Network
CPC Civil Procedure Code
CPV Communist Party of Vietnam
CSFR Czech and Slovak Federative Republic
DHS Department of Homeland Security
xxiii
xxiv ABBREVIATIONS
DOJ Department of Justice

DPR Department of Petroleum Resources
ECOWAS Economic Community of West African States
EFCC Economic and Financial Crimes Commission
EU European Union
FDI Foreign Direct Investment
FRY Federal Republic of Yugoslavia
GATS General Agreement on Trade in Services
GATT General Agreement on Tariffs and Trade
GCL General Corporation Law
GDPR General Data Protection Regulation
GDR German Democratic Republic
GPI Global Peace Index
HCDT Host Community Development Trust
HKIAC Hong Kong International Arbitration Centre
ICA India Council of Arbitration
ICC International Chamber of Commerce
ICC International Criminal Court
ICISS International Commission on Intervention and State Sovereignty
ICPC Independent Corrupt Practices & Other Related Offences
Commission
ICSID International Centre for Settlement of Investment Disputes
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for Yugoslavia
ILO International Labour Organization
IMT International Military Tribunal
IPOB Indigenous People of Biafra
ISDS Investor-State Dispute Settlement
ISTAC Istanbul Arbitration Centre
IUI Intrauterine Insemination
IVF In Vitro Fertilization
JCA Judge of the Court of Appeal
JSC Justice of the Supreme Court
LCIA London Court of International Arbitration
LNG Liquefied Natural Gas
MACBAN Miyetti Allah Cattle Breeders Association of Nigeria
MASSOB Movement for the Actualization of the Sovereign State of Biafra
MDG Millennium Development Goals
MFN Most-Favored-Nation Treatment
MNC Multinational Corporation
MOSOP Movement for the Survival of Ogoni People
NAF Nigerian Air force
NCSA Nigerian Correctional Services Act
ABBREVIATIONS xxv
NDPVF Niger Delta People’s Volunteer Force

NDV Niger Delta Vigilante
NESREA National Environmental Standards and Regulations Enforcement
Agency Act
NGO Non-Governmental Organization
NJC National Judicial Council
NNPC Nigerian National Petroleum Company
NOSDRA National Oil Spill Detection and Response Agency
NT National Treatment
OECD Organization for Economic Cooperation and Development
OSCE Organization for Security and Cooperation in Europe
PIA Petroleum Industry Act
SB Senate Bill
SCC Stockholm Chamber of Commerce
SDG Sustainable Development Goal
SFRY Socialist Federal Republic of Yugoslavia
SIAC Singapore International Arbitration Centre
SPC Supreme People’s Court
SRSG Special Representative of the Secretary General
SWG Secure Web Gateway
UGM Unknown Gun Men
UNCITRAL United Nations Commission on International Trade Law
UNCRC United Nations Convention on the Rights of the Child
UNDP United Nations Development Programme
UNFCC United Nations Framework Convention on Climate Change
UNHCR United Nations Refugee Agency
UNSC United Nations Security Council
USCIS United States Citizenship and Immigration Services
USSR Union of Soviet Socialist Republics
UWO Unexplained Wealth Order
VCLT Vienna Convention on the Law of Treaties
WHO World Health Organization
WTO World Trade Organization
CHAPTER 1
Introduction
Remigius Chibueze, Emeka Duruigbo,

and Sunday Gozie Ogbodo
This book deals with real problems that our world faces today. Some of
these problems may be peculiar to the Global South or assume a different
dimension in the area. Yet, some of the issues cut across geographical and
ideological boundaries. In all these cases, this work presents a refreshing
platform for tough conversations from the unique perspectives of voices
from the Global South.
As our manuscript was being edited, the conflict between Russia and
Ukraine entered into a more dangerous phase. Russia announced its
R. Chibueze
San Francisco, CA, USA
e-mail: [email protected]
E. Duruigbo (B)
Rosenberg, TX, USA
S. Gozie Ogbodo
Enugu, Enugu State, Nigeria
© The Author(s), under exclusive license to Springer Nature 1

Switzerland AG 2023
E. Duruigbo et al. (eds.), International Law and Development
in the Global South, https://doi.org/10.1007/978-3-031-13741-9_1
2 R. CHIBUEZE ET AL.
recognition of some separatist provinces in Ukraine and followed it with

the physical entry of Russian soldiers into Ukrainian territory. Two chap-
ters in the book dealing with state succession and frozen conflicts had
anticipated these developments and offered a resolution of the problems
through the intervention and application of the principles of international
law.
Various chapters involve incisive analysis that yields solutions or offers
pathways to resolution of intractable issues that demand answers if the
more peaceful and prosperous world of our dreams is to become a reality.
Contributors have engaged in the painstaking task of bringing to the fore-
front past and recurring challenges and desirable changes for the future.
Whether we are looking at prosecution of international crimes, manage-
ment of natural resources, prosecution of environmental pollution in the
oil and gas industry or protection of intellectual property, there is an
abundant display of penetrating insights and practical pointers for greater
societal benefit.
Contributors have not shied away from numerous other topics that
careful observers of global affairs expect to be handled in a book that
showcases viewpoints from the Global South. There are chapters on the
effect of the COVID-19 pandemic on global trade and international
commercial arbitration. The pandemic, undoubtedly, has reshaped trade,
investment, and dispute resolution in ways that may outlive the presence
of the disease and its health impact. Systems of administration, judicial
ethics, and disciplinary control over erring judicial officers receive atten-
tion. A strong case is made that non-custodial sentencing options that
have become the staple of penal systems outside Africa need to become
more familiar in jurisdictions within Africa.
Questions continue to arise as to the relationship between power and
law in international relations. More powerful nations tend to resort to
might when it is expedient, to the detriment of established rights and legal
obligations and moral principles of right and wrong. Some contributors
tackle these knotty issues in light of recent events in the Middle East and
elsewhere. A related issue is the inability or unwillingness of some states to
protect their citizens that gave birth to the concept of The Responsibility
to Protect, as closely discussed in the book.
Surrogacy is thoroughly examined within the contexts of law, ethics,
and religion, among others. The position of major religions, including
Christianity, Judaism, Islam, Hinduism, and Buddhism are discussed,
taking note of the fact effective regulatory action in this area will not
1 INTRODUCTION 3
materialize if it ignores the role that religion plays in shaping the beliefs
and behavior of people toward a particular practice.
There are chapters devoted to an examination of the security challenges
bedeviling various parts of Nigeria and posing serious risk to overall peace
and development of the country. Forging a realistic path forward requires
dedicated efforts from the government and the governed. Ultimately,
it will be in the greater national interest to anchor a national security
strategy on a framework of human security.
Recent developments in American democracy and jurisprudence are
sharply contrasted in one chapter with the acclaimed history and repu-
tation of the United States as a champion and promoter of democracy,
rule of law, good governance, human rights, and judicial independence
across the globe. Deftly managing the current crisis in public affairs is
essential to maintaining the image of the United States in these areas and
restoring the hopes of people in other countries that have been shaken as
they observed these attacks on venerable institutions and principles that
have stood the test of time.
Corporate governance is also incorporated in the exchange of ideas
through an x-ray and critical examination of California’s mandatory
gender quota statute. The role of the judiciary in developing mechanisms
for resolution of investor-state disputes in Vietnam is examined. The idea
is that the maintenance of a viable legal order is critical to attracting and
retaining foreign direct investment for greater economic development.
The limits of current refugee policy have not gone without notice,
prompting a proposal for a global solution to an international refugee
problem that will cater to the needs of vulnerable individuals who are
in life-threatening situations of immediate danger but are not able to
leave their countries due to such constraining factors as age or disability.
Modeled after the Central American Minors Program (“CAM”) of the
United States government for in-country refugees processing of minors
in Honduras, El Salvador, and Guatemala, this proposal will close a gap
in international refugee law that requires refugees to leave their countries
in order to be considered for immigration into a new country.
In the end, this book presents a rich compilation that assures of a great
intellectual feast to the reader. This is a deliberate effort for a project that
was inspired by a desire to honor a deserving international legal scholar
of great repute, Professor Christian Nwachukwu Okeke on the celebra-
tion of his 80th birthday. A small sample of proteges, mentees, former
students, friends, and colleagues of this giant of international law, who
4 R. CHIBUEZE ET AL.
have drawn inspiration or otherwise benefited over the years from his
remarkable intellect, boundless energy, and generous spirit have gathered
here to commemorate his life and achievements in the field he loves dearly.
It is our expectation that this collection of essays will meet present
needs in international law while promoting avenues for future intellec-
tual engagement by scholars, advocates, practitioners, policy makers, and
students on these burning issues.
CHAPTER 2
The Case for Domestic Workers’ Bill

of Rights in Bangladesh: Preliminary
Observations
Zakia Afrin
Happy was found with bruises all over her body crying inconsolably
roaming the streets of Dhaka after fleeing her abusive employers.
Discussing her ordeal, Salma Ali, a lawyer and president of the Bangladesh
National Women Lawyers’ Association (BNWLA), brought in compar-
isons with slavery, bonded labor and forced labor. In addition to merciless
beatings, Happy was locked inside the house at all times, forced to sleep
in the bathroom and was offered little leftovers from everyday meals. The
reason her case reached international news was the high profile of her
abusers. A rising cricket star and his wife was arrested in the following
days.1 While Happy’s incident is one of the most severe ones, lack of
legal and social frameworks to regulate informal labor in Bangladesh has
1 https://www.cnn.com/2015/12/10/asia/bangladesh-maid-abuse-child-labor.
Z. Afrin (B)
Golden Gate University School of Law, San Francisco, CA, USA

Switzerland AG 2023
6 Z. AFRIN
created loopholes that perpetuate domestic workers living undignified and

abuse-ridden lives.
In Bangladesh there are estimated 10.5 million domestic workers, out
of them 420,000 are children and 90% of all are females.2 They are
the most marginalized segment of society many ousted from homes by
climate change, economic hardship and travel to urban areas from rural
environment. During the COVID-19 pandemic, many of them have lost
jobs, have returned home only to fall victims to poverty and familial
violence. A study based on surveys from 500 domestic workers found 97%
of both live in and live out workers to be women, one-fourth children and
one-tenth reporting kin relationship with employers.3 The survey reveals
alarming trend in relation to the components of decent work, overwhelm-
ingly workers reported underpay, overwork without pay, lack of rest and
privacy at work.4
It is high time to legislate and execute a “Domestic Workers’ Bill
of Rights in Bangladesh”; a legislation that would offer prevention of
exploitation, protection of workers’ rights and prosecution for wrong-
doings. The Bangladeshi migrants traveling to other parts of the world
for domestic work share the grim reality as at home. That is another
mammoth area of legal study. For the purposes of this writing, I will
restrict my commentary to domestic workers serving within Bangladesh.
I will glance at existing framework supporting a comprehensive rights
regime for the largely marginalized informal workforce and put forth
humble recommendations to move toward steps to solving this.
Constitutional guarantees: The Constitution of Bangladesh came into
force on November 4, 1972, little less than a year of the country’s
independence. It had been a thematic departure from the Constitu-
tion of the Islamic Republic of Pakistan from which Bangladesh earned
her independence.5 The newly liberated Constitution instilled ideolog-
ical frameworks as preambles that fueled the demands for an independent
2 https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-jakarta/
documents/presentation/wcms_617648.pdf.
3 Report by RMMRU submitted to ILO Bangladesh Country Office, February
2019 Accessed Online at https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-ban
gkok/---ilo-dhaka/documents/publication/wcms_674540.pdf.
4 Id.
5 https://www.liberationwarmuseumbd.org/
2 THE CASE FOR DOMESTIC WORKERS’ BILL OF RIGHTS … 7
state.6 Socialism, one of the fundamental principles of the Constitution

interpreted as social justice for the disadvantaged is exactly what the
domestic workers’ rights would fulfil if and when it comes to fruition. It
lays down the expectations in no uncertain terms, “it shall be a funda-
mental aim of the State to realize through the democratic process a
socialist society, free from exploitation a society in which the rule of
law, fundamental human rights and freedom, equality and justice, polit-
ical, economic and social, will be secured for all citizens7 ”. The present
Constitution has been amended 15 times by democratic governments.
Moving on from the fundamental principles, support for domestic
workers’ rights can be found within fundamental policies of the govern-
ment and specific rights guaranteed for all citizens in Bangladesh.
Right to choose employment,8 equality before law9 and equal protec-
tion before law and prohibition on forced labor10 are the most relevant
ones worth mentioning in this relation.
International obligations: “Respect for international law and princi-
ples enunciated in the United Nations Charter”11 finds its place in the
constitutions. Bangladesh is a signatory of the Universal Declaration
of Human Rights12 and many of this persuasive document’s provisions
support comprehensive rights for domestic workers. “All human beings
are born free and equal in dignity in rights”,13 “Right to protection
against interference with privacy, family, home, correspondence, or attack
6 https://www.liberationwarmuseumbd.org/evolution-of-fundamental-principles-of-
1972/
7 The Constitution of Bangladesh, available at http://bdlaws.minlaw.gov.bd/act-367.
html.
8 Article 20 of the constitution of Bangladesh, accessed at http://bdlaws.minlaw.gov.
bd/act-367/section-24568.html.
11 Preamble of the Constitution of Bangladesh, id at 7.
12 The Universal Declaration of Human Rights was proclaimed by the UN General
Assembly on December 10, 1948 and seen as the most persuasive international statement
in advocating for human rights around the world. Bangladesh.
13 Article 1 of UDHR, accessed at https://www.un.org/en/about-us/universal-declar
ation-of-human-rights.
8 Z. AFRIN
against honor and reputation”,14 “right to work, free choice of employ-

ment, just and favorable conditions of work, right to just and favorable
remuneration to ensure dignified livelihood, right to join trade unions”,15
“right to rest and leisure including reasonable limitation of working hours
and holidays with pay”,16 right to a standard of living adequate for the
health and wellbeing of himself and of his family, special rights related to
motherhood17 and right to a social and international order conducive to
full realization of the rights become possible18 —these rights themselves
can offer a comprehensive framework to support a legislation offering
opportunities for domestic workers.
The international labor law has taken the most important step toward
securing domestic workers’ rights. The ILO Convention 18919 could ease
the Govt efforts in reinventing the wheel. Signing the Convention has
led to significant improvement for many of the 32 countries; one such
example is Argentine, where domestic workers are entitled to the same
rights as all other employees including paid vacation days, sick leave and
maternity protections, etc.20
The Convention addresses the urgent issues mentioned in the 2015
national policy; definition of domestic work and worker, age of workers,
working hours, decent work conditioning and leave policy. The point of
departure is clear as well. Contrary to the national policy, the Conven-
tion mandates a minimum age of workers or minimum wage that can be
offered to workers. It also requires signatories to work with organizations
representing workers in implementing the provisions and create frame-
work for monitoring of compliance with the rights, complaint procedures
and respect privacy of employers in situations of conflict.21 The govern-
ment perhaps realized the shortcomings of the current legal structure
14 Article 12 of UDHR, id at 13.

15 Article 23 of UDHR, Id at 13.
19 https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12
100_ILO_CODE:C189.
20 https://www.hrw.org/news/2021/06/16/celebrating-10-years-global-domestic-
workers-rights#.
21 Id at 18.
to allow such definitive measures to protect rights of domestic workers.

The national policy has mentioned step toward supporting ILO 189
regarding domestic work.22 Bangladesh must ratify this Convention and
move forward with the promise.
National Law: The Labor Code of 2006 (amended in 2013) consoli-
dates definitions, rights, duties, accountabilities and social security among
other things in relation to the workforce in Bangladesh.23 Unfortunately,
informal sector workers including domestic workers are not within the
purview of this legislation other than the age requirements.
The national effort to legislate is no small success. In 2015, Govt
promulgated the Domestic Workers’ Protection and Welfare Policy that
offers answers to certain structural concerns around this informal work-
force.24
Acknowledging that the child laboreres travel from distant villages to
the cities to provide for the need of housework help for the city dwellers,
it claims that numbers have gone down due to free education and avail-
able scholarship for girls without any references. Women travel from
poverty pockets for financial gains. The policy tries to find justification on
Preference given to women and girls for this type of employment without
getting into the socio-economic reasons, it lists expectation of obedience
toward the head of household and other members as primary motivators
and ignores the exploitation cycle of cheap and free labor that women
provide.
Few salient points mentioned in the policy are below25 :
Domestic work is defined broadly and includes cooking, cleaning,
taking care of the household, shopping, caring for children, elderly and
others and prohibits business-related tasks.
Domestic worker is defined as person who is employed verbally or
by written arrangement within a household, Mess, dormitory, etc. to
22 https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---travail/
documents/publication/wcms_161104.pdf.
23 Bangladesh Labor Code 2006, accessed at https://www.dpp.gov.bd/upload_file/gaz
ettes/14212_75510.pdf.
24 The policy is only available is Bangla, the national language of Bangladesh and
translated unofficially by the author. Policy accessed at: https://idwfed.org/en/upd
ates/bangladesh-cabinet-clears-draft-policy-to-protect-domestic-workers-rights/bangla
desh_dw_policy2015_adopteddoc.pdf.
25 Id.
10 Z. AFRIN
perform housework, full-time or part-time. Allowing for a verbal agree-

ment, the arrangement could be difficult to enforce in case of any dispute.
The minimum age of a worker is set at 14 and light work is allowed for
12 yrs and above consistent with the Labor Code, 2006.
Bangladesh is a participant in ILO’s Decent Work initiative and thus
adheres to the definition prescribed by ILO, namely employment oppor-
tunity, rights at work, living wage that fosters wellbeing and social
protection.
The Policy promises decent workplace and honorable wages to live
comfortably with family, overall welfare, decent relationship between
employer and employee and also prescribes mechanism to resolve conflict.
The policy deals with fixing wages for labor provided in consultation
with both parties. Wages must be consistent with the living standard and
social status of the worker with his/her family. Food, lodging, clothing,
etc. will be regarded as extra wage.
For workers between the ages of 14 and 18 in heavy work and 12
yrs old for light work must be done with consultation with guardians.
Contracts can be oral if both parties agree to it in the presence of a
mutually agreed upon third party.
The contract will include: Type of appointment/Date of appoint-
ment/wages/time for breaks and vacation; Type of work/living arrange-
ment of the worker/grooming of worker and obedience of the worker.
Both parties must adhere to the contract if they do not violate existing
laws and policies of the country. To employ a worker who is 12, consider-
ation must be provided to the facts of his physical wellbeing and barriers
to education.
Domestic workers’ work schedule will be distributed as such to allow
adequate sleep, rest, entertainment and necessary time off. Safe and
healthy space must be provided for domestic workers’ rest and sleep. With
permission of employer, the domestic worker will be eligible to take paid
vacation.
Pregnant workers must be provided with 16 weeks of paid maternity
leave (4 weeks prior giving birth and 12 weeks after the childbirth or
as needed by the worker). The employer must ensure break from heavy
work and medical consultation with Govt hospital during the pregnancy.
Sick workers must be taken off work and the employer will bear the cost
of medical expenses. Workers must be provided the opportunity to prac-
tice his or her religion. And if a worker gets injured, the employer needs
to bear all expenses related to medical treatment, accident and other

damages resulting from the event.
The policy expressly prohibits verbal, mental and physical abuse of
any domestic worker by the employee. It provides for the remedy within
existing legal framework. Similar rights are provided to the employer and
family.
The domestic worker is under obligation to not abuse any household
members and adhere to requirements to provide notice before leaving
jobs.
This policy puts the Ministry of Labor and welfare in the driving seat to
implement this policy together with Ministry of Home Affairs, Ministry of
Women and Children, Ministry of Social Welfare and many layers of local
government bodies throughout districts, upazillas and cities. The imple-
mentation strategy is meant to include monitoring cell as well as outreach
through media outlets, in-person convenings, etc. for creating awareness
among the public and to facilitate helpline number for complaints. Unfor-
tunately, as of March 2021, there has been no movement in the direction
of time-bound implementation.
Together with full implementation of the policy, introducing legislation
defining domestic work in the broadest of terms, mandating minimum
wage and leave policy in no uncertain terms and requiring yearly review
of contractual obligations will go a long way. The task seems difficult yet
possible, and it may not solve all the problems but project a step towards
the right direction.
Will a comprehensive legislation prevent a child worker’s trauma like
Happy, the 11-year-old domestic worker suffered26 ? With implementation
of all the promises, yes. The existing resources are not negligible, and it
would only take political will to make the Bill of Rights for Domestic
Workers a reality. Together with legislation massive effort in educating
both the workers and the employers as well as public is a must. Bangladesh
has created an enviable economy almost from scratch and made strides in
women’s rights in general. A domestic workers’ bill of rights seems to be
an extension to that journey. I would argue that realizing the dream of an
ideologically unparallel socialist society manifested by such legislation, free
from exploitation is the worthy commemoration of the 50th anniversary
of Bangladeshi Independence.
26 Id., 1.
CHAPTER 3
Causes and Implications of Worsening

Insecurity in Nigeria: Developing a Cure
Through the Law
Nicholas O. Agbo
1 Introduction
The primary purpose of government is to ensure the security and welfare
of the governed. The Nigerian 1999 Constitution expressly stated in
Section 14(2)(b) thus: “the security and welfare of the people shall be
the primary purpose of government…”1 In the wake of various incidences
of insecurity across the nation, ranging from kidnapping of hundreds of
school children, kidnapping and killing of the kidnapped, even after the
ransom has been paid, in some case, to the recent killing of two soldiers
and abduction of one soldier from the safety of their barracks portends an
ominous sign that the state has failed in the discharge of its primary duty.
Events of recent years have shown that insecurity is a regional item in the
1 CFR1999, Section 14(2)(b).
N. O. Agbo (B)
Faculty of Law, University of Nigeria, Nsukka, Nigeria

Switzerland AG 2023
14 N. O. AGBO
menus of Nigerian national life. There is the Niger Delta crisis that began
in the 1990s reaching its crescendo with the extrajudicial killing of the
founder and leader of the Movement for the Survival of Ogoni People
(MOSOP) in the South-South geopolitical zone of Nigeria. In the North
East, North West and North Central geopolitical zones of the nation
the Boko Haram, Armed Bandits and Fulani Herdsmen are unleashing
havoc on the local populace, kidnapping, maiming and killing innocent
citizens. In the South East you have the Kidnappers and Unknown Gun
Men (UGM), while in the South West activities of the Bandits and Fulani
Herdsmen are very noticeable. The insecurity situation in the nation is
taking a bizarre status with an Islamic Scholar Ahmad Gummi maintaining
that Bandits should be allowed to carry AK47 and should not be declared
a terrorist organization. He gave as his reason the following:
NE is already and is still devastated by this madness for over 12 years. If

we allow, terror, to set in into these raw naïve unexposed bandits, NW will
be in ruins sooner than later. Already IPOB are destroying SE, and Igboho
has set the ball of confusion rolling in SW. For those who want to destroy
the NW, it’s a good recipe. Turn bandits into religious zealots. Tell me,
what then remains of Nigeria?”2
The Global terror index 2020 ranked Nigeria 3 out of the top
10 Terrorist nations citing Boko Haram as the terrorist organization
responsible for most of deaths.3
The 2021 Global Peace Index (GPI) has ranked Nigeria 146 among
163 independent nations and territories, according to its level of peace-
fulness. Nigeria moved one step from 147 in 2020, though it still ranked
eighth among the least peaceful countries in Africa after South Sudan,
Somalia, the Democratic Republic of the Congo, Libya, Central African
Republic, Sudan and Mali.4 On several occasion Nigerians living abroad
2 Mohamed Babangida, ‘Gumi Warns Buhari against declaring Bandits Terror-

ist’ Premium Time: https://www.premiumtimesng.com/news/headlines/491666-gumi-
warns-buhari-against-declaring-bandits-as-terrorists.html. Accessed November 6, 2021.
3 Top Ten Terrorist Countries, Terrorism index 2020 https://www.visionofhuma
nity.org/global-terrorism-index-2020-the-ten-countries-most-impacted-by-terrorism/.
Accessed November 5, 2021.
4 Tope Templer Olaiya, Nigeria ranks 146th on Global Peace Index, 8th least peaceful
in Africa. https://guardian.ng/news/nigeria/nigeria-ranks-146th-on-global-peace-index-
8th-least-peaceful-in-africa/.
3 CAUSES AND IMPLICATIONS OF WORSENING INSECURITY … 15
have been kidnapped, raped and sometime killed to the extent that some
of them have sworn never to return back to Nigeria, choosing even to be
buried in their respective countries of domicile, all to the nation’s shame.
The implication of these classifications is that Nigeria, being an unsafe
place, has the natural consequences that both nationals and foreigners
will be scared to invest in the economy of the nation. Corollary to the
foregoing is that Nigerian living in Diaspora who account for $34 billion5
remitted into the country annually, may lose faith in the future of the
nation and as a result decide to keep their money in the country of their
domiciles with its very negative effect on an already crumbling economy.
With the inflow of such a huge sum stopped, some unemployed youth,
restrained by the inflow from joining the deviant groups, may be pushed
into criminal activities, including violent crimes to make a living and to
take out their anger on a passive society, giving credence to the statement
of Onyegbula that “the standard of living and the deteriorating social
infrastructure like roads, refineries, hospitals and educational system have
all contributed to a nation of desperate people.”6
Every facet of Nigerian life has been adversely affected by the rising
insecurity in the nation, educationally, socially, politically and economi-
cally. Businessmen and women, both citizens and residents, are moving
their businesses out of Nigeria to a clime with better enabling environ-
ment for investment of selling military equipment to the insurgents who
destabilize the country. The goal of this paper is to examine the causes
and implications of rising insecurity of Nigeria, which reared its head in
the 90s but appears to be worsening in a frightening proportion, and to
critically look at how a solution could be achieved either through a law
in existence or through new legislations.
5 Kunle Aderinokun, ‘Diaspora Remittances Hit $34bn as Nigerian Migrant Workers

Top List’.
https://www.thisdaylive.com/index.php/2021/08/29/diaspora-remittances-hit-
34bn-as-nigerian-migrant-workers-top-list/. Accessed November 6, 2021.
6 Onyebgula, S. Democracy in Nigeria: A critical overview of the Journey sofa. CDD
News Quarterly Journal of the Center for Democracy and Development.
16 N. O. AGBO
2 Conceptual Analysis
A true definition of insecurity must be preceded by the knowledge of
what is security. Security is the state of being free from danger or threat.
Conversely insecurity is a state of being beset by danger and threat. Inse-
curity can be defined as a state of being insecure where insecure is defined
as: “not safe, liable to collapse, give way.”7
In the Nigerian context, the definitions offered by William appear very
apt as will be seen in the discussion of implications of rising insecurity
in the country. According to him, security is widely associated with miti-
gating the threat to cherished values which, particularly if left unchecked
in the near future, threatens the existence of a specific referent object.
Security of life and property is the essence of government as under-
girded by the social contract theory where the people to whom
sovereignty belong surrender some of their rights to the government
in exchange for protection as espoused by various theorist, especially
Hobbes, Locke and Montesquieu8 .
Several scholars have described insecurity in one way or the other but
Achumba, Ighomereho & Akpor-Robaro define insecurity in a way that
captures the reality of the current situation of Nigeria. According to them,
insecurity is a state of not knowing, a lack of control, and the inability to
take defensive action against forces that portend harm or danger to an
individual or group, or that make them vulnerable.
Insecurity has also been defined as “a state of fear, anxiety, restlessness,
uncertainty.”9 In order words a person will be in a state of insecurity
when he or she is in a “state of fear or anxiety stemming from a concrete
or alleged lack of protection.”10 Insecurity is lack of safety or existence of
7 New Webster’s Dictionary and Thesaurus of the English Language, lexicon publica-
tions Inc., Revised and updated 1992. Danbury, Ct.
8 Muyiwa, F. et al., ‘Social Contract Theories And Governance In Contemporary
Nigeria’ (2016). https://www.researchgate.net/publication/308477261_SOCIAL_CON
TRACT_THEORIES_AND_GOVERNANCE_IN_CONTEMPORARY_N.
9 Ndubuisi-Okolo P, ‘Insecurity in Nigeria: the implication for industrialization and
Sustainable Development’ (2019)5(6)7.
10 Beland, D. (2005). The Political Construction of Collective Insecurity: From Moral
Panic to Blame Avoidance and Organized Irresponsibility. Center for European Studies
Working Paper Series 126.
danger; hazard; uncertainty; lack of trust; doubtful; inadequately guarded

or protected; lack of stability; disturbed; lack of protection and unsafe.11
3 Causes of Insecurity in Nigeria

Insecurity in Nigeria is a result of years of systemic failure in Nigeria
driven by distended corruption. Contributing factors to the insecurity
challenges in Nigeria include but are not limited to failed government,
corruption, Kleptocracy, absence of state police, un-remedied wrongs and
porous borders.
a. Failed Government:
The central responsibility of every government is the protection of the

governed. The Nigerian 1999 constitution, as amended, recognized this
prime duty and codified it in Section 14(b)12 but the trend of events
shows, very “point blankly” that the nation have failed in the delivery of
this responsibility which is the essence of government in the first place.
Right on the heels of the failure of government to protect the governed is
the fact that the nation is fast sliding into the status of a failed state. The
Governor of Benue State Mr. Samuel Orton lamented that the nation is
fast becoming a failed state.13 In the same vein, the Governor of Taraba
State, Mr. Darius Ishaku stated that even a blind man can see that the
nation is sliding into anarchy and state failure while recounting the killings
and reprisal killings between Tivs and Fulanis and calling for immediate
amendment of the 1999 constitution to provide for state police as the
federal police cannot be everywhere at all time to offer the much needed
security.14
11 I.C. Achumba et al., ‘Security challenges in Nigeria and the implications for Busi-
ness Activities and Sustainable Development’, Journal of Economics and Sustainable
Development, Vo. 4. No. 2.
12 CFRN 1999 Section 14(b).
13 Peter Duru, ‘Nigerian is fast becoming a failed state’ Vanguard News: https://
www.vanguardngr.com/2021/07/nigeria-fast-becoming-a-failed-state-under-apc-ortom/.
14 Sylvanus Viashima, ‘Nigeria is fast becoming a failed state’Sun Newspapers: https://
www.sunnewsonline.com/nigeria-fast-becoming-a-failed-state-governor-ishaku/. Accessed
November 6, 2021.
18 N. O. AGBO
It is becoming very obvious that the poorly trained ill-equipped secu-

rity officers are often overwhelmed by the superior firepower of Bandits,
Herdsmen, unknown Gunmen kidnappers, etc. Not too long ago, on
April 26, 2021, to be precise, more than 30 Nigerian soldiers were killed
in militant attack in Sokoto state.15 As if this was not shameful enough, on
July 18, 2021, bandits shot down a Nigerian Air Force (NAF) fighter Jet
in northern Nigeria on the border between Zamfara and Katsina states
confirming the superior firepower of the bandits over that of the state
defense unit.16
b. Corruption:
Corruption can be defined as dishonest or fraudulent conduct by those

in power, typically involving bribery. Transparency International defines
corruption simply as abuse of entrusted power for private gain17 but
continues to state as follows: “Corruption erodes trust, weakens democ-
racy, hampers economic development and further exacerbates inequality,
poverty, social division and the environmental crisis.”18 Flowing naturally
from the above is the fact that diversion of public funds for private inter-
ests, recruitment on mediocrity instead of excellence, manipulation of the
electoral system to elect people against the will of the electorates are all
products of corruption. As rightly stated by Onifade Comfort et al.,
A peek into the spectrum of national life reveals the incidence of distended
corruption and avarice as expressed by Nigerians in high and low places,
conflict and confusion in various communities and region, selfishness and
pervasive lawlessness in the conduct of daily life as the guiding principles
of human social interaction.19
15 More than 30 Nigerian Soldiers Killed in Militant Attack: https://www.voanews.

com/a/africa_sources-more-30-nigerian-soldiers-killed-militant-attack/6205065.html.
16 Chris Ewokor, ‘Nigerian military jet shot down by Bandits-Military’ (2021) BBC
News https://www.bbc.com/news/world-africa-57893662. Accessed November 7, 2021.
17 Transparency International, ‘What is Corruption? https://www.transparency.org/en/
what-is-corruption#.
18 Ibid.
19 Confort O. et al., ‘Addressing the Insecurity Challenge in Nigeria: The imperative
of Moral Values and Virtue Ethics’(2013) 2(13) Global Journal of Human Social Science
It is not uncommon to see a person who has never held any job
who has no means of livelihood but few months after being elected
or appointed into office he becomes a multimillionaire owning prop-
erties worth hundreds of millions all over the state and the nations in
general. The fact that such overnight wealth is never questioned shows
how distended and reeking the corruption in Nigeria is, so much that
aberration has now been elevated to the norm. This is as further corrob-
orated by the fact that Nigeria ranked 149 out of 180 countries in the
Corruption perception index of Transparency International.20
Section 14(3) of the Nigerian Constitution Expressly provides,
The composition of the Government of the Federation or any of its agen-

cies and the conduct of its affairs shall be carried out in such a manner as
to reflect the federal character of Nigeria and the need to promote national
unity, and also to command national loyalty, thereby ensuring that there
shall be no predominance of persons from a few State or from a few ethnic
or other sectional groups in that Government or in any of its agencies.21
But this is just in theory as in practice the reverse is the case. In essence
where the federal government makes appointment in such a way that the
heads of all the security agencies are drawn from one ethnic group that
act is actually corruption and a corruption from the top means a reeking
corruption in the entire fabric of the country.
c. Kleptocracy:
The best form of government the world over is democracy described

as government of the people, by the people and for the people and that
is what Nigeria is supposed to be practicing. Key element of democracy
includes but are not limited to:
Political Science. https://core.ac.uk/download/pdf/16701001.pdf. Accessed November

7, 2021.
20 Council on Foreign Relations, ‘Perception of Corruption in Nigeria remain high
according to NGO’ (2020). https://www.cfr.org/blog/perceptions-corruption-nigeria-
remain-high-according-ngo. Accessed November 6, 2021.
21 CFRN, 1999.
20 N. O. AGBO
● free and fair elections: regularly scheduled elections in which all

voters have an equal opportunity to participate and where final
results reflect honest vote totals.
● checks and balances: a system of separate branches of government
that ensures political power is not concentrated in the hands of a
single branch.
● minimal corruption: public trust that most elected leaders and civil
servants (e.g., police officers and judges) perform their jobs without
bribery or criminality.
● rule of law: no one is above the law, including government leaders;
transparency: information on how officials conduct the public busi-
ness and spend tax payers money is available and easily understood.
● independent judiciary: judges have freedom to decide cases impar-
tially, based on their interpretation of the law and the facts.22
The above essential elements of democracy are lacking in Nigeria’s

experiment with democracy. Elections are massively rigged so much that
the electorates have lost faith in the ballot box. The only free fair and
credible election Nigeria ever had was the June 12 1993 and those imme-
diately before that. Prof. Humphrey Nwosu who supervised that historic
election has this to say:
the conventional methods of direct closed/open primaries had proved to

be unsuitable for Nigeria given its present level of economic, social and
political development. On the other hand, we viewed the nonconventional
methods of selection as those indirect methods of selection that were more
appropriate to Nigeria’s level of political development…..Above all the
generality of the Nigerian public as well as international observers had
confidence in the process and the electoral outcome, until the shattering
news of annulment on June 23, 199323
The June 12 election and the election of governors, and state and
national assemblies before it, was a strong foundation laid for what would
22 Identifying essential elements of Democracy: https://int.nyt.com/data/docume

nthelper/476-identifying-essential-elements/fdb7620f42a7c76af5f2/optimized/full.pdf.
23 Humphrey Nwosu, ‘Laying the foundation for Nigeria’s Democracy: My Account of the
June 12, 1993 Presidential Election and its Annulment’ (2017) New York: Page Publishing
Inc. 240.
have been a strong democratic nation but with its annulment, the country
has tethered on the precipice of a very weak foundation at the danger of
total collapse. “Undoubtedly, the June 12, 1993, presidential election was
adjudged by both national and international observers as the freest, fairest
and most peaceful election in Nigeria History.”24
It remains a question to be answered why Nigeria will jettison a system
that produced the only free fair and credible election in her history.
Because of absence of credible election people get to power through
various corrupt and manipulated ways and as such are not interested in
serving the people but rather in serving their masters who got them there,
in the first place. The result is that what we have, in practice, is a form of
government known as Geriatric Kleptocracy. The same group of people
who have been in government since Independence is being recycled over
the years till date.
d. Absence of State Police:
In any true federalism there is always a state police that will be under
the command of the state Executive Governor who is the chief security
officer of the state. If all the 36 states have their own state police in addi-
tion to the federal police under the command of the federal government,
security breaches will be foiled as soon they arose preventing their several
repeat occurrence. Several well-meaning Nigerians, including the state
chief executives under the aegis of Nigerian Governors Forum (NGF)
have been calling for the state police as a means of containing the insecu-
rity challenges in the country as it is obvious that the entire police force is
so overwhelmed that, now and then, a huge number of military personnel
have to be deployed to perform police duties with its serious implications
on professionalism. In the words of the chairperson of Nigeria Governors’
Forum, Dr. Kayode Fayemi:
the call for state police is an extension of true federalism as each federating
unit is supposed to have control of its security apparatus. Each of the
federating units (which are the states) should have control over their own
security apparatus. That is not to say that we still won’t have a federal
police which responds to federal issues but I terms of wider knowledge of
what obtains in my locality, the best person to use is somebody from the
24 Id n8 at p. 23.
22 N. O. AGBO
locality who has a better much richer understanding and will be faster in
response to immediate needs of that environment.25
It is high time that Section 214 (1) of the 1999 Constitution26 , which
provides that “There shall be a police force for Nigeria, which shall be
known as the Nigeria Police Force, and subject to the provisions of this
section, no other police force shall be established for the Federation or
any part thereof”, was amended to give way for state police.
e. Un-Remedied Past Wrongs:
Section 15(2) of the Nigerian 1999 constitution provides that

“national integration shall be actively encouraged, whilst discrimination
on the grounds of place of origin, sex, religion, status, ethnic or linguistic
association or ties shall be prohibited”27 . Unfortunately, the above section
has been observed more in breach than in performance. It is obvious that
there is manifest discrimination against certain people because of their
race or ethnic group. For instance, the fact that not one single person
from the South East geopolitical zone is heading any of the security agen-
cies of the nation cannot be a coincidence. It must be a deliberate act
of discrimination, most likely in deference to President Buhari’s 5%/95%
principle. The sense of belonging and loyalty among all the people of the
Federation as is envisaged under Section 14(4) of the 1999 constitution
is definitely lacking.
When the Nigeria Biafran war ended in 1970 and no victor no
vanquished was declared it was supposed to be followed up with Rein-
tegration, Reconstruction and Reconciliation (3Rs). If the 3Rs had been
strictly implemented there may not have been MASSOB, or IPOB and
the rest of agitation groups within its progeny.
If the resource sharing formula had been equitably resolved there
would not have been Movement for the Emancipation of the Niger Delta
(Mend), Movement for the Survival of Ogoni People (MOSOP), Niger
Delta People’s Volunteer Force (NDPVF), Niger Delta Vigilante (NDV),
25 The case for State Police, Thisdayliveonline: https://www.thisdaylive.com/index.

php/2020/12/24/the-case-for-state-police/. Accessed November 7, 2021.
26 CFRN 1999.
27 CFRN 1999.
etc. Even with the extension and implementation of the Amnesty Program
the restiveness of the Niger Delta is still very much alive showing that only
the symptoms were treated while the main cause of the ailment remains
unaddressed. It is high time government sat down with all the discrim-
inated, injured and dissatisfied people and assuaged their grievances as
way of stemming future agitation before they snowball into irredeemable
centrifugal explosion.
f. Porous border:
One of the indispensable conditions of statehood is that the state must

have a well-defined border. Nigeria’s borders with its neighboring states
appear very porous and it should be a thing of concern. Writing under the
caption “Porous borders: Nigeria’s endless security dilemma”, Mr. Tunde
Ajala wrote:
The government’s inaction is even more disturbing because it’s been

proven that the porous borders have aided illegal arms proliferation, espe-
cially through the northern borders, while criminals from different parts
of the world stroll into the country, contributing immeasurably to the
frightening level of insecurity Nigeria is grappling with today.
The President, Major General Muhammadu Buhari (retd.), has repeat-
edly, since the inception of his regime in 2015, blamed the festering
insecurity in the country on the influx of illegal arms from Libya and
close associates of the country’s former leader, Muammar Gaddafi, who
was killed since 2011.28
The state of Nigerian borders cannot be better painted than the

foregoing. It explained vividly that the security challenges in Nigeria
are multidimensional, domestic and international. One bewildering
phenomenon of the Nigeria porous border is the seeming likelihood that
it was not actually by accident but by design. Not quite long ago, the
governor of Bauchi State was seen on National TV advocating that Nige-
rian borders should be left open for Fulanis from any other part of the
world to come in:
28 Tunde Ajala, ‘Nigerian Endless Security Challenges’ Punch Newspaper: https://

punchng.com/porous-borders-nigerias-endless-security-dilemma/. Accessed November 7,
2021.
24 N. O. AGBO
Fulani man is a global or African person. He moves from The Gambia to

Senegal and his nationality is Fulani….So, we cannot just close our borders
and say the Fulani man is not a Nigerian. In most cases, the crisis is precip-
itated by those outside Nigeria. When there is a reprisal, it is not the Fulani
man within Nigeria that causes it. It is that culture of getting revenge
which is embedded in the traditional Fulani man that attracts reprisal.29
The foregoing is very scary. It means that most of the mass killings
in the country may have been done by foreigner who took advantage of
Nigeria’s open border police to stroll in and leave carnage in their track.
The sooner our borders are fully secured to forestall the infiltration of
armed bandits from other countries, the easier it will be for the country
to tackle its domestic security challenges that are fast consuming her.
4 Implication of the Rising Insecurity

The implication of the rising insecurity in Nigeria is legion but may be
analyzed under 3 major headings, namely Economic implications, emer-
gence of more destabilizing multiple agitations and degeneration into
failed state.
a. Economic implication:
In northern Nigeria, the Boko Haram group, founded in 2002 by

Utaz Mohammed Yusuf, has made major cities in the northern region
of Nigeria cities of fear. Surprisingly, despite all the calls for the organi-
zation to be proscribed as a terrorist organization nothing has been done
to that effect even when many countries and non-governmental organiza-
tions have unequivocally declared it a terrorist organization. The executive
summary of United States Country Report of Human Rights practices on
Nigeria painted a vivid eerie picture of the activities of Boko Haram in
Nigeria.
The insurgency in the Northeast by the militant terrorist groups Boko

Haram and the Islamic State in West Africa continued. The groups
29 Citizenship Rights in Africa Initiative, ‘Nigeria: Bauchi State Governor on State-

less Fulani: https://citizenshiprightsafrica.org/nigeria-bauchi-governor-on-the-stateless-ful
ani/. Accessed November 7, 2021.
conducted numerous attacks on government and civilian targets, resulting

in thousands of deaths and injuries, widespread destruction, the internal
displacement of more than two million persons, and the external displace-
ment of somewhat more than an estimated 300,000 Nigerian refugees to
neighboring countries as of December 14.30
According to Nwagboso, between 2007 and 2011 the Boko Haram

group had carried out the following attacks in Nigeria:
i. The Boko Haram stormed Police station at Maiduguri in 2009 and

this resulted in deaths of hundreds of Nigerians.
ii. The group freed hundreds of prisoners in Maiduguri jail in
September 2010.
iii. In December 2010, the Boko Haram bombed the city of Jos and
this led to death of 80 Nigerians.
iv. Dozens of Nigerians have been killed from 2007 to 2011 largely
due to sporadic shootings in Maiduguri, the Borno State Capital
by Boko Haram group.
v. Bombed several states in the north after the May 2011 inauguration
of President Goodluck Jonathan.
vi. Bombed Police Headquarters, Abuja in June 2011.
vii. Bombing of churches in Kano, Kaduna, Niger, Bauchi, Adamawa,
Abuja in 2011.31
As aptly noted by Nwagboso, the natural consequences of the criminal

and unwholesome acts of the Boko Haram group “has not only made
Maiduguri, Abuja, Suleja, Damaturu, Minna, among others, cities of fear
but also made Nigeria unsafe for investors and tourists.” For instance,
between 2005 and 2008 Foreign Direct Investment (FDI) inflow to
Nigeria averaged $5:3 billion annually but from 2015–2019 the FDI flow
into Nigeria diminished to $3.3 billion annually owing to the heightened
30 Country Report on Human Rights Practices: Nigeria: https://www.state.gov/

reports/2020-country-reports-on-human-rights-practices/nigeria/. Accessed November 7,
2021.
31 Chris I. Nwagboso, ‘Security Challenges and Economy of the Nigerian State (2007–
2011)’, American Journal of Contemporary Research, Vol. 2 No.6 2012.
Another random document with
no related content on Scribd:
VII.
The General heard of it the next morning, and it was even the
Archbishop brought him the news. The priest besought del Torre
to marry his ward, but he was obdurate; the crafty priest wrestled
with the soldier’s will all through that day, and neither conquered. But
the General’s face looked worn; he argued, only sadly, of the hot
blood of youth, of the hope in her love for the nephew, and of his
bravery. Then late in the day came the young officer, wounded, the
bandage on his breast half stanching the heart’s blood he had shed
for her, and besought the general not to give her to Don Ramon. Del
Torre stood as if at bay. “You love her too?” he cried.
“Ay, and would save her,” said the young man, faintly.
“You must protect her from this libertine,” then said the priest. For
he wished her to marry the one he thought she loved not.
“She loves him!” sighed the General.
“You must save her——”
“I will live with her, and guard her as my own——”
“You may not,” said the priest.
“I am her guardian——”
“You may not—you must marry her.”
“I am old and she is young——”
“The holy Church demands it!”
“I love her not—I——” the lie stuck in his lips.
Late in the afternoon del Torre went to see Dolores. She was at
vesper service, and he waited until she came back, pale. He began
to speak. “I have heard all,” she interrupted; “Jacinta told me.” And
again he saw her blush.
Del Torre groaned; he turned aside. Then he strode back to her,
his sabre clanking as he walked. “God forgive me if I err. Dolores,
you may not marry this man—you—you must—Señorita Condesa,
will you marry me?”
Dolores looked up; she had been red, she was now pale. So
blushes lie.
“Santissima Maria,” she said, below her breath.
“The Church—the Archbishop—demand it,” del Torre hurried on,
not looking at her, for he heard her exclamation. “I love you—well
enough—to wed you.” The soldier’s voice broke, too feeble now to
cry a charge. He never saw her look at him. God pardon him for
looking down.
“You love me—well enough to wed me——” She had turned red
again, and her voice was low. He looked, and saw it.
“I will keep you, and watch over you, Dolores, with my life. The
Church demands it—I am but a soldier—will you marry me?”
Her dark head was bowed, and the purple of her eyes he saw
not.
“Yes,” she said; but, oh, so gravely, so coldly!
He bowed ceremoniously, and touched her hand to his lips; then
he turned and left the stone-walled tropic garden. And as his sabre
clanked in the passage-way, she threw herself on the hammock in a
flood of tears.
And that is how they were affianced.
VIII.
The love of a man for a girl is perhaps different from any other
passion our souls on earth are tempered with. Daphnis and Chloe
are pretty, natural, charming to paint and write vers de société about;
but so simple as to be shallow, so natural as to be replaceable. To
Daphnis, we know that any other Chloe will be Chloe too. And they
are in reality selfish; they seek the consummation of their wishes: he
his, she hers. It may be the same human energy; but in the fierce,
almost blasphemous, self-abnegation of the man’s love, it seems as
different a manifestation as the earth-rending power of freezing
water from the swelling of a bud at spring. The man can renounce
his love; but he desires her well-being with a will to which murder is
an incident and the will divine but an obstacle to be overcome.
The Archbishop had told del Torre that his nephew had been
married already—secretly, but married—married to the woman who
came to seek him out at the camp. Against this wall del Torre’s will
had been beating in vain before his own betrothal to Dolores was
announced. If she could not marry Ramon, it might, indeed, be best
she married him. But it was with a fierce suspicion he received his
friends’ congratulations at his club and camp. Among his officers no
other look or accent mingled with an unaffected joy. But in the city,
he fancied—he was ever ready to fancy—among the young men, a
shade of irony in their congratulations on his happiness. Was he not
so old!
Don Ramon heard of it from Jacinta. Jacinta was on the side of
the younger man. She looked upon del Torre’s gray hairs with fierce
eyes. Ramon’s liquid voice and peachy lip had fascinated this supple
creature of the forest. Don Ramon heard; and his own answer was
characteristic.
“The old fool!”
Jacinta nodded impatiently. She asked him for a message back.
He took pen and paper and wrote:
“Señorita Condesa: Thou lovest me. On
the morning thou shalt wed Don Sebastian I kill
him.
“Ramon del Torre.”
He read it over; then he stopped and thought. His first impulse
was to boast; his second, to intrigue. He was not all tiger; something
of the serpent lay within the handsome youth.
“I will send it this evening,” he said to Jacinta. And in the evening
this is what he wrote:
“Señorita Condesa: The Archbishop is my
enemy and makes my uncle marry you. Have
you confessed to him? Surely, you have loved
me? On the day he marries you he shall kill
your
“Ramon.”
This letter he sent. So he played upon the poor girl’s conscience,
that as a child she had given him a smile; and bragged even to her
that he had had her heart. This was Thursday, March 19, 1812. The
marriage was set for the 26th. Ramon went to the club, the café
which served as club to the aristocracy of Carácas, and announced
publicly that his uncle was forcing his ward to marry him against his
will. The General, when this story was brought to him, winced, but
only replied: “My nephew knows I cannot fight him; I must leave my
honor to the kind opinion of my friends.” This speech was repeated
—“to the kindness of my friends;” and that night a dozen young
gentlemen called upon the marquis and asked to be permitted to
provoke Don Ramon. The General refused it to all, with one wave of
his hand. “I marry my ward for family reasons; my nephew must be
permitted to make what criticism he chooses.”
Don Ramon then announced his uncle a coward, and promised
to prevent the marriage by force. Del Torre took no notice. Jacinta
had taken the letter to Dolores, but Ramon got no reply. After his last
threat, however, he received a call from a Jesuit priest, who was sent
by the Archbishop and hinted of the Inquisition. Then the young man
was silent for two days, and in devouring his rage he produced this
letter to Dolores:
“Dolores: Hast thou
confessed? And why no answer to
me?
“For death (para la
muerte),
“Ramon.”
To this Jacinta brought back a line:
“I shall confess upon my
wedding-day. My answer to my
husband, with the message that
your Honour” (V., only, in Spanish)
“did not give.
“Dolores, Condesa de
Luna.”
For Ramon had never given the message that went with the rose.
All this was in Holy Week. Palm Sunday passed; the Wednesday
came; Holy Thursday was the day fixed for the wedding—by the
Archbishop’s special will.
Now, it must be remembered that in all this time del Torre had
spoken with Dolores face to face three times, and three times only.
Each time he had seen her he had mentioned his nephew’s name,
and each time she had changed color. He would have married her to
Don Ramon could he have done so; even now he had dared but for
Ramon’s own conduct. But all this time del Torre was in an agony of
doubt, through which even Ramon’s insults could not penetrate. He
would have sent Dolores to a convent, but the archbishop forbade it;
the priest feared not Don Ramon against Don Sebastian; perhaps,
however, he feared him at the convent doors. But all this time del
Torre had seen Dolores twice a day, at mass, where he went and
gazed upon her, dim through incense.
IX.
OnwithWednesday morning the Marquis del Torre had a last interview
his bride. She was to go to her last maidenly confession on
that day; and he called early in the morning, in his uniform as
General of the Liberal army. When he came upon her she was all in
white and girt about with pearls. Pearls were in her dark hair, pearls
in the folds of her white dress, pearls in her neck, no other color
about her save the magic amethystine in her eyes. Her face was
pale.
Del Torre bowed over her hand, then stood beside her. After the
greeting, he said:
“Señorita Dolores, I am still your guardian—I would only marry
you to make you happy. Do you think I can?” His lips were paler than
hers, and his voice sounded cold. She only answered:
“Quite sure, señor.”
“And the rose I saw you give my nephew—is it dead?”
Again the rush of color to her face; but, after a start, she
answered, “It is dead.” She stammered slightly, trying to say more; to
relieve her embarrassment he rose and left her. “Hasta mañaña!”
“Mañaña por la mañaña,” she answered, forcing brightness in her
voice. The marquis went out into the sunlight; he felt his heart as
cold as hers.
But again Dolores burst into tears; then, quickly drying them, she
wrote a letter and sealed it. Then she called Jacinta.
The Indian nurse came quickly, and as she stood looking at
Dolores a dog’s love was in her eyes. “This letter—the marquis must
have it in the morning,” said the countess.
“He shall have it—in the morning,” answered Jacinta. Then
Dolores went to her confessor. And Jacinta could not read the letter;
so she took it to Don Ramon first, and asked him what it was. And it
was Don Ramon read it, Jacinta looking on.
Then Ramon girt his sword about him, and went to mass.
X.
The soldiers in Carácas march to mass and the service is
performed at beat of drum. At the muffled tap of a march the
regiment files in to fill the nave, and kneels, ringing their bayonets
upon the stones; the people fill the sides, and stand behind the
columns on the aisles. The General was there, as usual, but he
could not see Dolores; she was kneeling at a shrine upon one side, a
shrine of Mary, Mother of Pity. All the pictures and gold images were
heavily draped in crape, for it was Holy Week. The brazen trumpets
of the military band sounded through the Kyrie Eleison; the church
was dark, for every woman was in black until Good Friday, and the
crape hangings shrouded close the walls. Del Torre stood erect in his
green uniform, but, save for his figure, the nave was a mass of red
and gold and glittering steel. He looked for her; he looked back to the
doors [Pg 178]which were thrown back inward; from the dark,
shrouded church he looked through into the empty square, blazing
with the zenith sun of the equinox. Again a muffled drumbeat, and
the regiment knelt, with a rattle of their bayonets, upon the stones; it
was the elevation of the host, and he, too, knelt and crossed himself.
When mass was over, the soldiers filed out first; as del Torre
followed, he met the wounded captain again, with bloodless cheeks.
“You are too pale to be out, sir,” said the General, almost lovingly, his
hand resting lightly on the other’s shoulder.
“Don Ramon is outside,” he answered.
“I have no fear—the youth is mad,” said del Torre.
It is the custom in Spanish America, now forgotten in old Spain,
to lead the holy images of the church about the streets, with a slow
processional, before Good Friday. As del Torre spoke, they found
themselves behind one of these. In this Church of Santa Teresia is a
famed old image of Christ bearing the Cross, brought two centuries
before from Spain. It is especially venerated by the merchants of
Carácas; large sums are subscribed by them each Easter time to
dress it up, thousands of dollars and doubloons. Behind this image
now they found themselves. Eight chanting priests, in mourning
black and lilac, bore it on either side, but the image was gay with
beaten gold, borne in a canopy of costly lace, a hundred tall wax
candles giving light. The priests move very slowly, scarce a step a
minute, making stations at each shrine, so that to bear these images
from one church to another may take half a day. Del Torre and the
wounded officer could not, of course, pass it; so that it was half an
hour when they reached the open air, and the square nearly emptied
of the worshippers; del Torre heard the distant band of the army
down the mountain slope.
As they came out into the heat, he felt a slight shudder, like a
quiver of the earth, and thought it was the shock of seeing his
nephew. Don Ramon del Torre spoke loudly, disregarding the
presence of the bystanders, pressing rudely by the sacred shrine,
and crying that the old man would not fight.
“There stands the old man that will wed my cousin.”
“Mention not her name,” said General del Torre——
“I would kill him first, but that his old blood dare not spill itself for
her.”
“Mention not her name,” said del Torre——. Then Ramon’s voice
hissed louder.
“My cousin Dolores de Luna that has been my mistress——”
That night a Jesuit priest, leaving the King’s House, where he
had confessed Dolores, ran hastily to the Archbishop’s. While he
was there, another frightened messenger brought the news that Don
Sebastian and his nephew had been fighting on Calvareo. But
Jacinta, crying, brought the news to the Countess earlier, how Don
Sebastian and Don Ramon at last had met, and how the nephew lay
full of wounds upon the Calvary, literally cut in pieces, killed at his
own uncle’s hands.
XI.
Dolores spent the night before the wedding kneeling in the little
chapel of her dwelling. So we read that Eastern Catholics “lay all
that night in the form of a cross.” She was praying for her husband
that had been to be—perhaps praying that he might be still, praying
for light to see if there were sin in it. Perhaps she had remorses of
her own. She had known the dead man he had killed as a boy, bold,
reckless, wild; I suppose she had looked at him once or twice. A
Southern maiden’s glances return to torture her when they have led
to blood; prudent maids of other climes are chary of them for
tradition of some such reason.
Dolores never wept, but knelt there, dry-eyed, praying. In
intervals she thought, “Would he be well enough to come?” as she
knew that he was gravely wounded; but somehow she felt sure he
would; and that if this marriage-bond were sin, he would venture it
for her sake. A woman’s conscience rules her heart, even in Spain;
but a man, even Roman Catholic, will risk his own perdition to save
her sorrow, or that no sin be hers. She must save him, she must be
the judge. And sunrise found her pale but decided. Then she called
Jacinta to her side, and asked her if she had carried to her husband
(so she called him) her note.
Jacinta looked at her fiercely; but at the word “Husband,” started.
Then she said she had torn it up.
At the Countess’s look she quailed, and lied again. She had it
still, she said. Dolores bade her give it to him as he came from early
mass.
Then Jacinta cried and told the truth. She admitted that she had
given it to Don Ramon.
Dolores heard this with the blood about her heart, but sat there
silent, while the Indian woman grovelled at her feet. It was her note,
then, that caused the duel.
Then mine, too, is the sin, she thought, not his alone; and this
thought gave her joy. But where was he? was he strong enough to
come? She took her writing-case and wrote an exact copy of her
other note; and this was what she had said, and Ramon had read,
and then had fought his uncle:
“Señor: The rose you asked of yesterday I
gave Don Ramon; but the message that went
with it was given him for you.
“Maria Joespha Dolores, Condesa De
Luna.”
As she finished writing, the General was announced. His face
was bloodless, but his wounds had been carefully dressed, so that
the bandages could not be seen. He knelt over her hand, though the
kneeling set them bleeding once again. But Dolores, timid only in her
love, still saw but remorse and duty in his eyes. With him he brought
his own priest, a priest from the Liberal army. “Pobra,” he said, “we
must be married early—early and privately.”
She sought his eyes timidly and tried to say it; to say what words
her note said in her hand. But she could not. She could only say, “I
know—I have heard,” and she clenched the letter closer in her hand.
She could not give it to him.
Del Torre’s face could not turn whiter. But he said: “Forgive me—
only your forgiveness I can ask. At noon, then?”
“At noon.” She saw him leave the house; then, then she turned
and cried to Jacinta: “Run, run, and give him this letter—at the
Cathedral.”
And again, upon her wedding-morning, Dolores went to pray. She
was interrupted by a visit from the Archbishop. Some presentiment
made her rise in apprehension; and as she stood erect, she saw,
through the priest, the man. And she saw that he, too, had her
secret; first the lover, then the priest, had found it out.
“This marriage must not be,” said he.
“Holy Father, I have confessed yesterday.”
“This marriage must not be. You loved Don Ramon.”
Dolores’s lips curled. “I confessed, yesterday. I see you have
been told.”
“Yesterday ’twas a duty—to-day it is a sin. Thou lovest Ramon.”
Then Dolores rose to her full height and her blue eyes flamed like
ice. “Sebastian, the Liberador, him I love, in this life and the next;
God knows it, and Ramon knows it, and now may you, and soon,
please God, shall he!”
All forewarned that he was, the priest started at her vehemence.
Fool that he had been!
“He has murdered his nephew—and thou art the cause.”
The Countess was silent. All Catholic that she was, she had
resolved to appeal from his judgment to God’s.
“Thou wilt not obey?” said the priest.
Her lips half formed the word no.
“Then on thee and on him, on thy house I pronounce the curse of
God. Thy family shall have cause to remember this day, this Holy
Thursday, until it and both thy names shall have vanished from the
earth.”
Scarcely had the Archbishop left the house when del Torre came.
She saw that he had not been to church. But she was married to him
without another word. “If he has not my note,” she thought, “he shall
have it soon.”
But before that night Jacinta, with the note in her hand, was
buried with ten thousand others behind the closed cathedral doors.
XII.
Onof this Thursday, March 26, 1812, while the services of the Hours
Agony were being celebrated in the great cathedral, in the
presence of ten thousand people, the mountains trembled and the
earth opened. The multitude pressed for the doors, but they opened
inward, and the thronging masses pressed them fast. At the second
shock the walls opened and the roof fell in. The Archbishop and
many priests were buried at the altar. Thirty thousand people are
said to have perished. Many were swallowed in the chasm that
opened on the mountain-side, like rents in a bulging sail bursted in a
gale. No stone houses in Carácas more than one-story high were
standing on that night—except the old Spanish castle where, in the
tower-room, Dolores sat watching for her husband.
Through all that night del Torre worked amid the ruins. At dawn
he was brought home insensible, fainting from his labors, bleeding at
his opened wounds. Dolores met him at the door, and led the
bearers to the room that should have been their bridal-room. There
he was laid, and lay delirious many weeks with fever. Dolores never
left his side.
The Archbishop was known to have been killed. Jacinta, the bride
knew, must have perished too. The priest that had married them
stayed with her; but Dolores, though brave enough to sin, was not
false to her faith. The over-wrought heart of the poor girl and great
noblewoman connected all that had happened with what she
deemed her sins—firstly, that she had caused her cousin’s death,
her husband’s crime, but chiefly that she had braved the Church,
and the curse its head, now dead, had launched upon her and upon
Carácas. That their house alone was standing seemed only to mark
them guilty.
Dolores was a noble heart, and did not falter in her course. She
had followed love, she had married him she loved; his wife she was,
his wife she would remain. But she sought no soothing palliation
from the friendly priest. She went to no confession; in all her life she
never would confess herself, seek absolution again.
Excommunicated she would live, that the curse might rest on her
and not on him.
But ah, how ardently she watched for Sebastian’s consciousness
to come! for his eyes to rest on hers again! She felt sure the
coldness in them now was gone. Delirious, he raved of her and of his
love; he that never called her but by titles in his life, now cried
Dolores, Dolores, and she held his hand and waited.
She bade the doctors tell her when his recovery was likely to
come. And then, when one evening his hands moved, and he closed
his eyes and slept, she sat there trembling, not daring to be beside
him, but her face turned away. That yearning cry—Dolores, Dolores,
had been stilled for hours; but the night passed and still he was
asleep. Then, when it was broad sunlight, she heard a sudden
movement by the nurse, and the priest began to pray in Latin, and
her heart stood still. He sat up; she retreated in the shadow, toward
the door. His voice spoke; but oh! how low, how weak—not as it had
been in his dreaming; alas! this was now his right mind. He saw not
her; his eyes looked sanely out the window, through the crowded
city. “It was a sin to marry her,” he said.
She was carried fainting to her room within the tower, and there
again she waited. “Has he asked for me?” she ventured to ask, at
night.
He had asked for my lady, and they told him she was ill. And the
next day again; and they had told him she was in her suite about the
tower. She dared not seek him now. And flowers came to her from
him, but no further speech. Thrice he sent his homage to her. He
could not walk yet, but he sent his homage to her. She asked to
know when he could walk; and they told her they would let her know.
So, one afternoon, they told her he might walk the next day; and all
that night she passed in prayer.
The next day she waited for his step upon the stone floor. It came
not; to her tears and prayers, it came not. Jacinta’s dead hand still
held close the note. She prayed—was it wrong to pray when so
unshrived?—to Maria Vergen de las Mercedes, but still it came not.
Her haughty Spanish breeding forbade her showing sorrow to her
servants, and they were cold and deferential to her. Jacinta? She
was dead—Dolores knew, but thought that she had given him her
letter. She had sinned, yes, but he was her husband.
The next day she asked the servant. The Señor General was
gone. Gone? without seeing her even? He had had to go to the
wars; he had not ventured to disturb my lady; he left a letter. A letter?
she tore it open, read it. It sent his respectful worship to “the
Marquesa;” it apologized for his illness; it prayed forgiveness from
her for having married her; it was done to save her name. It said no
word of love; and Sebastian Ruy del Torre was a gentleman: his love
appeared not in his letter. If she loved him not, he would not wound
her by showing his. It said no word of guilt. He would neither wound
her by requiring love nor by suggesting blame; but to Dolores’s
morbid fancy it had a sense of blame. It closed by speaking of his
duty at the wars; of his country’s freedom; perhaps, a hint of hers.
Dolores clasped the white paper to her breast, and, to immortal eyes
its color was of blood. She read it once again; and del Torre, had he
been there, could have seen her heart die in her eyes.
XIII.
WeTorre
must remember that Maria Josepha Dolores, Condesa del
y Luna, was a lonely young girl, educated but from books,
devoutedly believing in a faith we like to think superstitious.
Remember, please, also, that she loved, and braved her Church for
love, and had not, so she thought, won his. She deemed her soul
was damned; she knew her heart was broken. Not that there were
no days when she did dare hope; no days in which she tried to frame
a theory by which it still might seem he cared for her; but she
believed he was borne down by their great guilt. And she resolved
his soul, at least, would not be lost for hers. “My lady Marquesa
would have her apartments in all the house,” the letter said. “My lady
had but to command. A small room in the tower was enough for him
—he could but rarely be home from the wars. He trusted, if his
presence[Pg 193] was painful, she would not see him,” etc., etc. And,
after many months, when the General came back—his wife met him
not. The rooms of state were carefully prepared for him, and all his
suite; flowers, banquets were ready; all his retinue and hers, in their
joint blazonry, were in attendance. Only, strangely enough, just that
little tower-room was the one my lady Marchioness preferred. Would
he kindly yield it to her?
Of course, and the General sent her a rope of pearls. They
almost broke her resolution; but she met him not. The General only
sighed; this was all as he had known. The evil nephew, done to
death by his own hand, still had her heart. He sighed and his hair
grew whiter. One rending memory came over him, of the last time he
had seen her eyes.
He could not know, as he rode homeward up the street, after his
first state visits, straining his eyes up to that tower-window frowning
so blankly, how late her own had left it—those eyes of purple-gray
that every beggar in Carácas soon knew well, save only he. Before
the next return his glory blazed abroad, and Bolivar came back with
him. Bolivar, the Liberator. All thoughtful preparation, all courtly care,
all a Spanish grandee’s splendor was spread forth to receive him in
the Casa Rey; but the châtelaine was never seen. It was not
necessary to explain her absence; such things get quickly known; it
was, of course, thought she had loved the cousin. And the strange
Old-world Gothic pride made her bearing, the honor of the house, del
Torre’s silence, only too easily intelligible to them. So the Marquis del
Torre never saw his bride on his returning home.
But, had he known it, he never opened a door that she had not
vanished through it. He never touched a flower she had not placed
for him. He never looked in a mirror her gray eyes had not just left.
He never touched a wine-glass to his lips that her lips had not kissed
it. The very missal that he read from had been warmed within her
bosom.
O, ghosts, and mediums, and vulgar spirits of air! and stupid
tables, mirrors that are flattered with tales of second sight! Why did
you not hold a look of hers one moment longer? why did not the
roses keep a second longer her lips’ breath for him? Poor fables of
visions in the air, that could not draw the image of her eyes to his as
he rode up the street scarce a hundred mortal bodies’ breadths
away! But they never did; he never saw her, she saw him only as he
rode away upon his horse; and so for many—nay, not many (such
poor slight power has heaven)—not for many, years. And as his
horse bore him away, she came to the tower-window and watched
him go—and there she sat weeks, months, until the pennons flashed
or the trumpet’s note announced to her, waiting, that he was come
again. For he always came in such guise, announced with ceremony.
And he did not dream her eyes had been at the tower-window ever
since. For their eyes never met.
But the people knew, and so they called her “Our Lady of the
Tower.” And Nuestra Doña del Torre is she called there still. And thus
they lived there alone within that great house, each for pity of the
other in courage, each for awe of love in silence; each so loving, so
brave, so silent, that the other never knew.
XIV.
“Nuestra Doña del Torre”—by that title, I fancy, she is known in
heaven. For in that city all the good that was worked was hers;
after the earthquake, then through siege and civil war, her heart
directed her handmaidens, ladies loving her did her soft work. Her
own life was but a gentle message. For she never but for the
convent left her tower-room. Thither, however, poor old men,
children, troubled girls, would come to see her.
All this time Bolivar was battling with the might of Spain, and del
Torre (del Torre y Luna now he always called himself, liking, at least,
to link his name with hers; but she had dropped her own name and
called herself del Torre alone—Maria Dolores del Torre) was
Bolivar’s captain. Years the war lasted. Once our General was
captured in the city; he came to Carácas at a time of war, when it
was legal for the Governor to capture him; he had heard some rumor
that his wife was ill. He would have been shot but that he escaped
from gaol, and this so easily that the prison doors seemed to turn of
themselves. No youth, or woman, or child in all Carácas but would
have turned a traitor for our lady.
Del Torre’s face looked old—Dolores knew it not. She never saw
him—except, perhaps, a distant figure on a horse. When he was out,
she roamed the house; when he came back she shut herself within
her apartments. He never returned, from the shortest absences, a
walk or a mass, without making formal announcement. He wondered
only at the flowers; the perfections of his banquets, the splendor of
his household, were for his guest and as it should be. At first del
Torre had hoped to see at least a handkerchief fly from her window,
a greeting or a wave of the hand, on his return. But it was always
black and blank when he saw it. At first, this cost him tears: a
greeting seemed so little—only courtesy! But afterward he only
sighed; no man should repine that events fulfil his expectations
rather than his hopes.
Their money grew apace. With part of hers Dolores built a church
at Los Teques, a property that had been her mother’s, not far from
the city. Half her time she spent there; and it stands there still, and is
called after the Vergen de las Mercedes—Our Lady of Pity—to
whom alone Dolores dared to pray. But the Church took her treasure
and it kept her secret. Sometimes, in God’s providence, even pity is
withheld.
One’s heart beats quick to think what might have happened had
she ventured to confession—the priest who married them still was
with her, in the household, an honest priest, who loved del Torre, too.
But Rome, which knows how to be gentle as a mother, can also be
as cruel as the grave. So Dolores went on in building churches, and
Don Sebastian offered his brave heart wherever he saw a bullet fly
for liberty. The best work of the world is done by broken hearts.
One time that he came home, he found a medallion by his plate.
It was set with pearls, in tricolor enamel. He opened it, and it was a
miniature of her. Then once a rush of human blood bore all his
barriers of honor, duty, resolves of conduct, far away. He hastened
through the house to the tower, where she lived. He hastened—
crying Dolores, Dolores, as he had cried in his delirium. Her maid
opened—not Jacinta, but Jacinta’s daughter, now a woman. My Lady
Marquesa had gone to the convent at Los Teques for some weeks’
prayer.
XV.
After this, del Torre’s body grew broken, with his heart.
It was the last campaign of liberation. The final battle was fought
not far from Los Teques, where the convent was; and the wall of the
church of the Vergen de las Mercedes was scarred with balls. The
fight was over, the country was free. And the General at last was
killed.
Bolivar himself went with del Torre’s body to Carácas; our
General’s corps d’armée were his pall-bearers. The news, of course,
had been sent to the city; the Governor had fled; the General’s tri-
color now, the red-white-green of Colombia, was floating over the
Capitol. All the town was gay with banners, merry with song. It had
forgotten the earthquake, and was now rebuilt, though lower down.
The Casa Rey now stood at the head of the principal street, which
sloped from it down the mountain side. And as the regiment
escorting his body debouched into this avenue and turned upward
(as its dead leader had so often done before), and the town came in
view, there was a great hush upon the people. For lo! Now, at last,
the window of the tower was wide open and the house bore all no
black, but was festooned with laughing tri-color. And the window of
the tower was open, and there within stood our Lady Dolores, in her
white wedding laces, waving her hand.
She met them at the great door. Bolivar, and the officers who had
been with our General, started. For, as she stood there in her
slender satin gown, her eyes upon them, she was like a young girl.
And her girlish waist was bound about with pearls.
The fact was, she was seven-and-twenty. They placed his bier
first in the great room; but she would have it in hers, so in the tower-
room they placed it, with burning candles standing sentry now where
she had stood; and by its side were lilies—the flower of the Holy
Ghost—and then they left her. Then first, since her wedding-day, she
looked upon him, face to face, his eyes now dead to see. Their eyes
so met. And outside, from the city now again joyous, came the
carillon of freedom bells.

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International Law and Development in

the Global South Emeka Duruigbo

Deindustrialization, Distribution, and Development:

Theorising Urban Development From the Global South

Sovereignty, International Law, and the Princely States

Visual Politics in the Global South Anastasia Veneti

From Colonialism To International Aid: External Actors

Criminal Legalities and Minorities in the Global South

The Global Community: Yearbook of International Law and

The Battle for International Law: South-North

Sunday Gozie Ogbodo

ISBN 978-3-031-13740-2 ISBN 978-3-031-13741-9 (eBook)

Professor Dr. Christian Nwachukwu Okeke commenced his teaching

Against the above background, this new book, a collection of essays

to grow in appreciation and circulation. He continues to exemplify his

Chima Centus Nweze, Ph.D.

The Continuing Relevance and Importance

1 C.N. Okeke, Controversial subjects of international law: An examination of new

performed in good faith.’ This is not to suggest that every provision in a

servanda remains the rule as reflected in Articles 26 and 27 of the Law of

The Hague, The Netherlands A. G. Koroma

7 How U.S. Courts Handle GDPR in Discovery

18 A Critique of the Nigeria National Security Strategy

Conteh Andrew California State University Stanislaus, Stanislaus, CA,

AAA-ICDR American Arbitration Association-International Centre for

DOJ Department of Justice

NDPVF Niger Delta People’s Volunteer Force

Remigius Chibueze, Emeka Duruigbo,

© The Author(s), under exclusive license to Springer Nature 1

recognition of some separatist provinces in Ukraine and followed it with

The Case for Domestic Workers’ Bill

© The Author(s), under exclusive license to Springer Nature 5

created loopholes that perpetuate domestic workers living undignified and

state.6 Socialism, one of the fundamental principles of the Constitution

against honor and reputation”,14 “right to work, free choice of employ-

14 Article 12 of UDHR, id at 13.

to allow such definitive measures to protect rights of domestic workers.

perform housework, full-time or part-time. Allowing for a verbal agree-

to bear all expenses related to medical treatment, accident and other

Causes and Implications of Worsening

1 CFR1999, Section 14(2)(b).

© The Author(s), under exclusive license to Springer Nature 13

NE is already and is still devastated by this madness for over 12 years. If

2 Mohamed Babangida, ‘Gumi Warns Buhari against declaring Bandits Terror-

5 Kunle Aderinokun, ‘Diaspora Remittances Hit $34bn as Nigerian Migrant Workers

danger; hazard; uncertainty; lack of trust; doubtful; inadequately guarded

3 Causes of Insecurity in Nigeria

The central responsibility of every government is the protection of the

It is becoming very obvious that the poorly trained ill-equipped secu-

Corruption can be defined as dishonest or fraudulent conduct by those

15 More than 30 Nigerian Soldiers Killed in Militant Attack: https://www.voanews.

The composition of the Government of the Federation or any of its agen-

The best form of government the world over is democracy described

Political Science. https://core.ac.uk/download/pdf/16701001.pdf. Accessed November

● free and fair elections: regularly scheduled elections in which all

The above essential elements of democracy are lacking in Nigeria’s

the conventional methods of direct closed/open primaries had proved to

22 Identifying essential elements of Democracy: https://int.nyt.com/data/docume

d. Absence of State Police: