Department of Public Law

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Browsing Department of Public Law by Author "Idowu, Oladimeji"

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    An Appraisal of the Role of Small Arms and Light Weapons in the Escalation of Insecurity in Nigeria
    (AIPGG, 2020-10-01) Idowu, Oladimeji
    Nigeria is today increasingly being defined by widespread insecurity. This is not a surprise as senseless killings have become almost a daily affair in the country. All manners of criminal activities such as terror attacks, banditry, kidnapping, armed robbery, etc. are perpetrated with reckless abandon, and more often than not, small arms and light weapons are the weapons of choice for the criminals. This study, therefore, examined the relationship between insecurity and illegal circulation of small arms and light weapons in the country. The study found that small arms and light weapons do not necessarily cause insecurity in Nigeria, but they facilitate crimes, instigate and intensify assault. The study recommended that the three arms of government in Nigeria should work together to revamp the legal framework for combating the illegal circulation of small arms and light weapons and, also adopt policy and orientation shifts that are capable of reversing the deteriorating general standard of living of the people in terms of access to food, education, health care, housing, security, and high life expectancy; provide gainful employment, educational facilities, medical care, good roads, electricity, and other basic amenities all across the country as these efforts will reduce drastically the drive for criminal activities which would mean a reduction in the demand for small arms and light weapons.
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    Corruption Offences and Penalties in Nigeria: A Critical and Comparative Analysis of the Criminal and Penal Codes Provisions
    (UNIMAID Journal of Private and Property Law, 2020) Idowu, Oladimeji
    This study presents a critical evaluation of the anti-corruption law in Nigeria; turning specifically to a comparative discussion of the Criminal and Penal Codes provisions on corruption offences. In Nigeria, the law reports are replete with numerous cases where corruption offences litigations are lost due to confusion occasioned by wrong interpretations given to certain provisions on corruption offences. This study, therefore, analyses corruption offences in Nigeria, with a view to drawing useful in sights in order to provide better guidance to the courts, lawyers and laymen in understanding the distinguishing features of some of the corruption offences. The study adopted the doctrinal methodology, and thus focused on the lex lata (the law as it exists) of the offences of corruption as opposed to the lex ferenda (what the law should be) and identifies bribery and fraud as major among corruption offences created under the two codes. The legal elements of the offences discussed are clearly spelt out. The study found certain provisions to be obsolete, ambiguous, and non-responsive to advancement in the society and new trends of corrupt practices. Drawing from the analyses provided, the study arrived at a set of recommendations, including that the two codes should be imbued with legal mechanism capable of preventing commission of corruption offences and provisions for restitution and forfeiture.
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    A Critical Appraisal of Presidential Powers under the 1999 Constitution of the Federal Republic of Nigeria
    (UNIMAID Journal of Private and Property Law, 2020) Idowu, Oladimeji
    On daily basis, the actions and inactions of the person serving as the President of the Federal Republic of Nigeria directly affect the overall wellbeing of the peoplein the country. This study, therefore, examines the powers of the President, with a view to resolving the question, whether or not the nature and extent of the executive powers enshrined in the 1999 Constitutionare beneficial to the people as envisaged. In addressing the subject matter, the studyadopted the doctrinal methodologyto inquire into how executive presidency evolved in Nigeria; the nature and extent of the executive powers of the President; the state of security and welfare of the people; and the real reasons why executive presidency appears to be failing in addressing the problems facing the country. The study contends that the President who is saddled with too numerous functions, many of which should ordinarily be performed by various federating units, is overburdened and, therefore, incapable of performing those functions diligently. Finally, the paper makes the case that' Nigeria should be restructured in such a way that the President would be able to concentrate on external issues, such as foreign policy, defence, immigration, customs and excise, etc., while the federating units control internal affairs, such as, security, constructions of roads, primary health care, education, etc.
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    The EU-ACP Economic Partnership Agreements (EPAs): key challenges and development opportunities for Nigeria
    (Redeemer's University Law Journal. (RUNLAWJ ), 2018) Idowu, Oladimeji
    This paper presents findings of a study on trade relationship between the African, Caribbean and Pacific (ACP) group of countries' and EuropeanUnion (EU). The analysis focuses on the challenges and opportunities for the Nigerian economy should the country decides to lead other members of the ECOWAS bloc2 to ratify and implement the Economic Partnership Agreement (EPA)which seeks to alter the long standing non reciprocal arrangements that have existed between the two trading partners under the initial Lome Convention. The paper seeks to increase the understanding of the main issues at stake in the negotiations in order to enablepolicy-makers and government representatives make informed decisions whennegotiating the EPAs. The ultimate aim of this paper is to articulate those principles and strategies that should guide Nigeria in leading other ECOWAS countries in the negotiation process to secure a development-focused EPA. The paper is structured into six sections: the first section provides a historical development of the emergence of EPAs; the second section analyzes the basic principles in EPA negotiations; the third section appraises the Legal framework for EPAs; the fourth section focuses on the implications of the EPA for Nigeria; the Key Challenges are examined in section five. In section six, the paper discusses the possible opportunities while section seven recommends strategies for ensuring a development-oriented EPA.
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    An Examination of Issues, Challenges in Electronic Commerce and Consumers Protection in Nigeria
    (Obafemi Awolowo University Law Journal, 2019) Idowu, Oladimeji
    The growth in the Information and Communications Technology (ICT) sector has led to radical departure from orthodox system of transacting business which often requires the physical presence of buyers and sellers as provided for in the Sale of Goods Act 1893, a Statue of General Application in Nigeria. This aspect of commerce is well protected unlike the emerging e-commerce with no sufficient legal and institutional frameworks as obtainable in developed countries. There is no adequate protection for e-consumers from various hazards encountered in the course of business transactions. This study therefore examines the Consumer Protection Council Act (CPC) which is the major legislation that directly protects consumers in business transaction. The research reveals the inadequacies of existing laws in the protection of consumers transacting businesses online or digitally. Thus, the study further examines the Federal Competition and Consumers Protection Act 2019 (FCCPA). It prospects and gap. The study concludes and recommends ways in which the Government, policy makers, online traders and buyers can adopt and apply international best practices in electronic commerce transactions.
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    Human Trafficking In West Africa: an assessment Of the implementation of international and regional normative standards
    (The Age of Human Rights Journal, 2022-12-19) Idowu, Oladimeji
    It is now over 20 years since the Palermo Protocol was adopted as a global mobilisation tool to combat human trafficking. Although the Palermo Protocol has been widely ratified by all 15 states in West Africa, the implementation of the instrument in the sub-region remains unclear. Also, beyond the Palermo Protocol, a systematic assessment of other anti-trafficking mechanisms available in West Africa is non-existent. Thus, this study has two core objectives: the first is to chronicle the key anti-trafficking instruments and their relevance in West Africa, while the second aspect engages with the manner in which those norms are translated at the domestic level in three West African countries namely, Ghana, Nigeria and Senegal. The study finds that human trafficking has remained resilient both at sub-regional and domestic levels despite the legal efforts to end it. Relevant trends and implementation deficits are identified across the three states, while recommendations are offered for effective anti-trafficking governance.
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    Legal and Regulatory Challenges to Effective Implementation of the Firearms Act in Nigeria
    (2020-02-27) Idowu, Oladimeji
    This study analyses the legal and institutional impediments to effective implementation of the Firearms Act in Nigeria. It addresses the regulatory asymmetries between the government and the governed with respect to the production, import, export, possession, circulation, and misuse of firearms in the country. The discussion highlights how the impediments to effective implementation of the law hamper the constitutional aspirations of the security and welfare of Nigerian people. Particularly, as Nigerian security challenges have, over the years, been attributed to the proliferation and misuse of small arms and light weapons. The paper finds that lack of governmental will power and commitment to rid the country of illegal circulation of firearms is the main impediment to effective implementation of the Firearms Act. The paper advocates for a total overhauling of the Firearms Act, which was promulgated in 1959 and recommends the creation of a National Commission on small arms and light weapons.
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    Polygamy in Dramatic Texts: A Discussion around Postmodernism
    (2019-07-15) Idowu, Oladimeji
    This study looks at the representation of polygamous marriage in selected dramatic texts from Nigeria and juxtaposes it against global discussion on the acceptance of the" otherness" in society. It concludes that monogamy and polygamy (polygyny and polyandry) are systems of marriage practised in different cultures, most especially in sub-Saharan Africa. In the continent, marriage enjoys cultural, religious and constitutional backing. However, the focus of this paper is on polygamy in dramatic texts in relation to the social reality of the environment from which the texts emerged. The paper further narrows its interest down to three levels of contractual marriage in sub-Saharan Africa. It reveals that the traditional and religious marriage systems in sub-Saharan Africa embrace polygamy while state institutions or legal marriage system frowns at it. It is against
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    A Review of the Agreement Establishing the African Continental Free Trade Area (AFCFTA)
    (Redeemer's University Law Journal. (RUNLAWJ ), 2019) Idowu, Oladimeji
    On April 2019, the Agreement establishing the African Continental Free Trade Area (AfCFTA), which was launched in Kigali, Rwanda on 21' March 2018 successfully garnered the 22 ratifications required for it to enter force. To date, 20 of the 22 countries have deposited their instruments of ratification, meaning that only two more countries have to deposit their instruments of ratification to reach the threshold of 22 which is the required number for the AfCFTA to enter into force. The continental free trade area project, as a whole, is designed to remove tariffs on 90% of the goods traded between the state parties to the agreement, and gradually eliminate other non-tariff barriers to trade in goods and services. The free trade area is expected to include all the fifty-five African countries which have a population of over one billion people and, according to scholars, a combined gross domestic product (GDP) of more than US $3.4 trillion. In contemplation of what is next, this article examines and explores the AfCFTA Agreement to identify the prospects which the project offers and the challenges that should be tackled, as the continent brazes for trade integration which is expected to spur development and industrialisation in Africa. The article recommends that the negotiating parties should adopt a "development integration" approach to ensure that the outcome benefits all AU members and concludes that the AfCFTA is capable of making a lasting impact on the lives of ordinary people across the African continent if implemented justly and effectively.
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    The Supreme Court of Nigeria and the Stains of Justice by Technicalities: why APC v Machina is wrong
    (Redeemer’s University Nigeria, Journal of Jurisprudence & International Law (RUNJJIL), 2023) Idowu, Oladimeji
    This study appraises the case of APC v Machina which was decided by the Supreme Court of Nigeria on Monday 6th February 2023 on grounds of technicalities. In this case, the court seems to have exhumed the corpse of age-long Blackstone and clung to the medieval practice of forms rather than the substance. Many questions and controversies with conflicting thoughts and opinions have since greeted the said decision. Regrettably, the imbroglio generated has cast doubts on the judiciary as the last hope of the common man and has questioned its stance on the interest of justice. This study, therefore, examines the apex court’s decision in a bid to amplify the correct application of the principles of technical and substantial justice in the dispensation of justice in the Nigerian legal system. The study adopts the doctrinal research method of examining several documents, including law reports, statutes, law texts, and journals articles. The central argument is that technical justice is no justice at all as there can be no true justice unless the substance of a matter is examined.