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Showing posts from April, 2023

The Criminalisation of Homosexuality and Secular African States

  The Criminalisation of Homosexuality and Secular African States ES Nwauche (Prof) Many liberal democratic African countries protect the dignity of their citizens but also criminalise homosexuality. This seeming paradox is plausible in many of these states where it is argued that homosexuality is an affront to African culture and Christianity. On these grounds, it may be argued that protecting public morals may be a good reason to treat their citizens undignifiedly. On the grounds of African culture, it is clear that such a nebulous term is too vague to justify such unconstitutional acts. Respect for all human dignity is a basic tenet of African culture. That respect recognises that people are different in identity matters, including sexual orientation. Respecting and recognising differences is a measure of tolerance rather than approval. At the least, tolerance requires Africans to respect the privacy of sexual relationships further. We are all at liberty to manage our contac...

EXPERTISE IN ADJUDICATING RELIGIOUS BUSINESS DISPUTES

  EXPERTISE IN ADJUDICATING RELIGIOUS BUSINESS DISPUTES   ES Nwauche (Professor ) Liberal democracies imagine and conceive their judicial officers as omniscient and, therefore, capable of adjudicating all manner of disputes. On the other hand, Judicial administration understands the importance of expertise and often reflects such skills and experience in appointment promotion and location. Courts are divided broadly into civil and criminal divisions just as specialist courts, especially of a commercial type, have become routine and populated by experts. In addition, experts are summoned by courts and also supplied by litigants to enable courts to appreciate the difficulties and nuance of some cases fully.   Religion is a domain that courts have regularly and successfully engaged in when in most cases, they are asked to rule on the rights of citizens who beseech courts to protect their beliefs and practice.   In some cases, courts have developed  ‘av...