Department of Public Law
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Browsing Department of Public Law by Author "Adeyeye, Joel"
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- ItemAdjudication of Tenancy Matters: An Unending Debate of the Jurisdiction of the Federal High Court of Nigeria(Redeemer's University Law Journal, 202) Adeyeye, JoelThere seems to be no end to the controversy surrounding the jurisdiction of the Federal High Court under the provision of the S. 251 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Decree 107 of 1993. The more the Courts interpret these provisions, the more cases come before the court. This work therefore takes a deep reflection of the purport of these provisions of Nigerian ground norm and interrogates the continuous misinterpretation and misapplication of the extant provision of our laws with regards to the case of Abdul Raheem v Oduleye decided in 2019. It is settled law that the jurisdiction of a court is determined by the statute that created the court, (in this case the constitution of the Federal Republic of Nigeria 1999 as amended) that is section 251 (1) (a) to (s), plaintiff's claim as endorsed in the writ of summons and the statement of claim. It is clearly not the rules of court that vest jurisdiction in the court; rather it is the statute creating the court. This work will therefore interrogate statutes, claims of parties and investigate why the jurisdiction of the Federal High Court is now extended to tenancy matter as decided in the above named case and will make recommendations thereafter
- ItemAfrican Union and Peacekeeping Operations: Legal and Institutional Framework(Indian Society of International Law Year Book of International Humanitarian and Refugee Law, 2021-07) Adeyeye, JoelThis article takes a critical look at the legal and institutional framework of the African Union (AU) in peacekeeping operation in Africa. The article notes that in contradistinction of what were obtainable under the Organization of African Unity (OAU), the AU went a step further to concretize her hold on peacekeeping operations. The paper discussed the legal regimes relate as a cornerstone to legitimize the various actions by land, sea or air to checkmate belligerent nations or a non-State actor in disturbing the peace in Africa. Concrete suggestions are then made to strengthen these institutions that are created by the AU in peacekeeping, peaceenforcement and peace building
- ItemAn Analysis of Municipal and International Taxation of Nigeria Entertainers and Sportsmen(Nigerian Bar Association, Ilorin Branch, 2019) Adeyeye, Joel
- ItemArbitration Clause and Submission Agreement(Confluence Journal of Jurispendence and International Law, 2008) Adeyeye, Joel
- ItemA Comparative Analysis of the Charter of the Organization of African Unity (OAU) and the Constitutive Act of the African Union (AU)(Groningen Journal of International Law, 2018) Adeyeye, JoelThis article takes a critical look at comparative analysis of the Charter of the Organization of African Unity (OAU) and the Constitutive Act of the African Union (AU). In doing so, the article will compare the organs and institutions of both the OAU and the AU. It will also access the achievements and failures of the two bodies and in doing this, the article will argue that if OAU has been performing as expected, there will be no need for the AU. It will in addition go further to list some provisions in the Constitutive Act of the AU that were not included in the Charter of the OAU. It will also argue that in modeling the AU like the European Union (EU), there has been no linkage in the achievements of this continental body that can make it comparable to the EU. Also, in accessing the AU, this paper will proffer answer to the question, whether there has been any significant change since AU come on board, or if it was just a name change. Finally, the article will conclude by making recommendations and suggestions for better performance of the continental body before it clocks twenty (20) years.
- ItemThe Desirability or Otherwise of State Police in Nigeria — The Legal Framework(Lead City University Law Journal, 2016) Adeyeye, JoelThis article examines the desirability or otherwise of state police in Nigeria. It traces the history of the Nigerian Police Force from the period of colonial rule. It takes a critical look of what is meant by _federalism and the attributes of federating units. It examines the argument of those that are against the creation of state police without compromising the interest of those that are for its creation. It also takes a cursory look at examples of what applies in other countries of the world where federalism is being practiced. It also looks at the content of the exclusive and concurrent legislative list as contained in the constitution of Nigeria. This paper then recommends the way to achieving a common ground for the opposing opinions.
- ItemThe Duties and Rights Of Taxpayers in Nigeria(Salem University, 2018) Adeyeye, Joel
- ItemHandover of Bakassi to The Republic of Cameroon: Matters Arising(Confluence Journal of Jurispendence and International Law, 2008) Adeyeye, Joel
- ItemImplications of National Security on Rule of Law in Nigeria(KWASULJ, 2020) Adeyeye, Joel
- ItemIndigene/Settler Question in National Politics(Faculty of Law, University of Llorin, Nigeria., 2015) Adeyeye, JoelThis article examines indigene/settler question in national politics. Contestation over citizenship rights has become a major source of political conflicts in post-independence Nigeria. It argues that the problem of citizenship in Nigerians today largely stems from discrimination and exclusion meted out to Nigerians on the basis of ethnic, regional, religious and gender identities. Essentially those who see themselves as "natives/indigenes" exclude those considered as "stranger/settlers" from enjoying certain rights and benefits which they ought to enjoy as Nigerians upon the fulfillment of certain civil duties such as payment of tax. It further argues that the crisis of citizenship in Nigeria especially the one associated with the distinction between "national" citizenship on the one hand and "local" citizenship on the other draws attention to the inadequacies in the post-colonial constitutions of Nigeria. It is also the argument of this paper that the question of who owns the land is central to indigenes and settlers and how the contestation between them impact on the constitution and citizenship rights and privileges in Nigeria. This paper however concludes that it is not only the amendment of the constitution that can solve this problem, but the need fora reorientation of Nigerians on how to handle this fragile and thorny issue.
- ItemInternational Law and State Sovereignty: a Focus on the Constitutive Act of the African Union(NIGERIAN JOURNAL OF INTERNATIONAL LAW, 2019) Adeyeye, JoelThis article takes a critical look at the topic, International Law and State Sovereignty with a focus on the Constitutive Act of the African Union. With the rise of modem State and the emancipation of international relations, the doctrine of sovereignty emerged. Sovereignty in government is that public authority which directs or orders what is to be done by each Member State associated in relation to the end of the association. It is the supreme power by which any citizen is governed and is the person or body of persons in the State to whom there is politically no superior. International law encapsulates the intercourse between and among nations. The Constitutive Act of African Union (AU), in some of its provisions, tramples upon the sovereignty of States. In the light of the foregoing, this article sets to point out the various ways in which the Constitutive Act of the AU has impugned on the sovereign independence of States in Africa. The article also makes recommendation as to how States are expected to enjoy sovereign immunity.
- ItemLegal and Political Aspect of Debt Cancellation(NIGERIAN BAR ASSOCIATION, 2006-04) Adeyeye, JoelAgainst the recent total cancellation of about $50 billion debts of Africa's most poorest countries by the Western Creditors and the cancellation of 60% per cent debt which amounted to $18 billion owed by Nigeria by the Parish Club of creditors and the Resolution of the House of Representative in 2005 that Nigeria should no longer pay her foreign debts, because according to the House, Nigeria has paid more than double the debts. The huge debts owned by Nigeria and otherAfrican nations is as a result of long years of misrule by her past leaders, and it has being hanging as a Sword of Damocles over the heads of these nations for so long. The aim of this paper therefore is to trace the structure of the external debt, the sources of the debt, causes of the external debt, the external debt management and proper solutions for economic management for the country.
- ItemLiability for Negligence of Professionals in the Course of their Duties(Nigerian Journal of Food, Drug and Health Law, 2009) Adeyeye, Joel
- ItemMorocco’s Attempt at Joining the Economic Community of West African States (ECOWAS): Legal and Political Considerations(IRLJ, 2019) Adeyeye, JoelSince about 2003, the fifteen member nation of the Economic Community of West African States (ECOWAS) has enjoined relative peace, the rule of law, functioning state institutions and relative good governance has also been established. Democracy has also stated to take root in this economic block to the extent that in Ghana, Senegal, Benin Republic Cote d’ Ivorie, Burkina Faso, Togo, Nigeria, among others have had peaceful transition of government, and in some cases the incumbent government losing election and transiting or handling over power to the opposition. It is against this background that this article now considers the reason(s) why, Morocco, a North African country would desire to join ECOWAS. This article will also look at the effect of Morocco's intention to either join or be disallowed from joining ECOWAS in line with the 1975 Treaty and the Revised Treaty of ECOWAS of 1993. It will go further to consider the achievement and challenges facing ECOWAS. It will then conclude by looking at the prospects of ECOWAS as a sub-regional body
- ItemAn Overview and Comparative Analysis of Fundamental Rights Enforcement Procedure Rules of 1980 and 2009*(Confluence Journal of Jurispendence and International Law, 2011) Adeyeye, JoelIt looks at the role of courts enforcing an individual's right when trampled upon by the government or other authority. If we accept the intrinsic worth of every human being, then justice becomes the minimum debt we owe him, for if we deny him justice we have declared him worthless. The article further argues that courts despite the critical condition in which some of them operate have been able to do justice to the oppressed even under military dictatorship. It will also look at the impetus given by the international community to the issue of the enforcement of human rights. It concludes by making suggestions on the ways forward for better methods to be used in enforcing these rights.
- ItemAn Overview of Kwara State High Court (Civil Procedures) Rules 2005(Journal of Law and International Security, 2007) Adeyeye, Joel
- ItemProperty Tax as a Virile Solution to State Governments' Poor Revenue Generation Profile in Nigeria(Hybrid Consult & College of Law, Kwara State University., 2017) Adeyeye, Joel
- ItemReligious Beliefs of Parents: Implication for the Child Rights Act, 2003 in Nigeria(UDUS LAW JOURNAL,, 2020) Adeyeye, JoelThis article undertakes a critical study of the religious beliefs of parents as it affects the rights of the child. Every human being, be it an adult, male or female has rights that are domiciled in him/her as a creator of God. Children for being what they are cannot on their own enforce these rights. Right from the Universal Declaration of Human Rights (UDHR) and other international legal instruments, to the Regional legal instruments like the African Charter on Human and Peoples' Rights; the sub regional legal instrument like the Economic Community of West African States (ECOWAS), to the domestic law of each country; for example, the Constitution of the Federal Republic of Nigeria, 1999 (as amended); The child's Rights Act, 2003 and which various States of the Federation has domesticate these Law. This article therefore seeks to interrogate these laws as a result of the recent decision of the Supreme Court of Nigeria's decision in the case Esabunory Fayewa[2019] 7 NWLR (pt 1671) 316. It is recommended that the government should review the aspect of age disparity in our Laws with a view to making a particular age workable for the purpose of implementing the Child Rights Act.In interrogating these Laws, judicial pronouncements from other jurisdictions other than Nigeria shall also be considered.
- ItemRemedies For Wrongful Termination of Contract of Employment(BEN OKETOLA PUBLICATIONS, 2011) Adeyeye, Joel
- ItemThe Search for a Lasting Solution to the Perennial Border Conflicts in Africa(KIULJ, 2018-07) Adeyeye, JoelIn Africa, there are no Berlin walls to separate one country from another. The boundaries, artificial lines drawn by the Scramblers for Africa, do not separate these countries in a physical sense. In the great scramble, no thought was given to the African people as the Europeans went to work on the 'sumptuous African cake'. Their interest was in real estate and it did not matter that the `knife' cutting the African soil was also separating families, separating fathers from their children and setting a brother against another. The negative impact of colonialism in political terms was quite dramatic and devastating. African states lost their powers, independence and meaning irrespective of whether they were big empires or small entities. And what is more, most if not all the African countries have not fully and truly recovered from the attendant effects of colonialism that resulted from the border crisis. In the light of the above, the article seeks to identify the effects of border or boundary crisis in Africa. It also traces some emerging issues and proffers solutions to the lingering border problems on the continent.