Department of Private and Property Law

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Access to University Education in Africa under the COVID-19 Pandemic:
(Novena University Law Journal, 2024) Olayinka, Olaniyi Felix
The COVID 19 was a contagious disease without any endorsed vaccine, at the initial stages, but exigencies compelled the introduction of preventive measures to curtail escalation, and such measures later got recognition as the „new normal way‟ of doing things. The paper as such investigates the directives of the United Nations and other regulatory bodies as they conceived policies particularly that while the lock down directives were on, schooling and education should go on by distance arrangement. The paper observes that if education had to run while students studied from home, the role of Information communication technology and learning devices on networking, collaboration and interaction among students and academic staff cannot be overemphasised. The paper notes that the pre-COVID-19 university access was not impressive on account of inadequate teaching infrastructure and learning environment. It argues that infrastructural deficit rather hindered most states in Africa taking full benefit of information communication technology and the internet for learning. The paper examines the issue of development and links it with good governance, investigating if successive governments‟ financial commitments to education in Nigeria had been adequate. It notes that if states have not done well in terms of giving the right infrastructure to grow a nation, university education‟s prospects of contributing to human capital enhancement cannot be realised. It observes that the high rate of patronage will not be justified with a declining standard of university education owing to public sector corruption and inadequate funding. The situation is not made better by the COVID-19 global pandemic and the inability to explore as appropriate, the online learning facilities. The hitherto inadequate access has been further compounded. The paper adopts doctrinal model of investigation just as it recommends good governance to effect development. It concludes that non access to teaching facilities during COVID-19 has further given a boost to the out-of school children population.
The Corporate Affairs Commission and the Challenge of Economic Transformation in Nigeria
(2017) Olayinka, Olaniyi Felix
Economic transformation in Nigeria will entail a transition from the mono-source oil economy to a diversified and competitive economy that is heavy on manufacturing and exportation of goods and services. The Corporate Affairs Commission regulates and supervises the formation, incorporation, registration, management, and winding up of companies. The responsibility also extends to registration of business names, limited and unlimited liability companies, incorporated trustees (communal, religious and charitable associations). The discharge of these functions has however not stopped the relocation of manufacturing companies from Nigeria to neighbouring West African countries. The reliance on market forces, for the purposes of driving economic transformation has not worked in Nigeria as the required infrastructure is either in deplorable state or out rightly non-existent. The article explores Nigeria's challenge with economic transformation and the role of the Corporate Affairs Commission in the Ease of Doing Business in the country
Economic Development, Democratisation and the Rule of Law in Ghana and Nigeria
(Palgrave Macmillan Springer Nature, Switzerland, 2022) Olayinka, Olaniyi Felix
Democracy is a system of government in which the people rule themselves either directly or through chosen representatives.1 It is often called a game of numbers, since the majority rule in a constituency while the minority make their presence felt, all the same. The electorates choose leaders at periodic elections to represent them, and these elections assume that representatives and electorates have settled on the manner of human and national development that the elected representatives should effect. Active participation of the electorates is thus seen in terms of emergence
Economic Development, Democratisation and the Rule of Law in Ghana and Nigeria
(Springer, 2022) Olayinka, Olaniyi Felix
Human Resources and Development: Insights from Nigeria
(SVDES Book Series, New Delhi,, 2021) Olayinka, Olaniyi Felix
Professional managers are key constituents of the human resources in a country. Human resources have the distinct skills to combine every other factor of production in a way that turns around a nation’s status of under-development to that of development. The state contributes by establishing institutions such as the Institute of Management to manage and apply factors of production in the most fruitful path to development. To ensure professional managers and human resources have integrity to promote transparency in the corporate world, Institutes of Management requires both academic and good character qualifications of professional managers. The work, however, establishes that notwithstanding the positive contributions of professional managers and human resources to development, Nigeria is not visible in the development chart on account of absence of enabling environment, ease of doing business and eventual membership of the Group of Twenty.
The Impact of Parties’ Internal Democracy on Nigeria’s Development
(Akungba Law Journal, 2016) Olayinka, Olaniyi Felix
The paper examines the authority of members of political parties to elect or recall party leadership and to vote candidates for elective offices. It argues that the Nigerian democratic dispensation is one, which encourages holding public office as a platform to amass wealth rather than service to humanity. This explains the desperation of politicians to secure one elective position or the other. In this process, there is always manipulation and abuse of party’s internal democracy. In the ensuing manipulation, names of validly elected candidates that had already been submitted to INEC are often withdrawn and replaced with another. The paper also examines the financial requirements for entry into electoral competitions and that elected officials become more accountable to those who finance their campaigns than to their constituents. The paper submits that much damage had been done to the democratic governance in the country as it has been running without the desired human and national development. The paper examines the relevant laws on the issue and posits that to achieve true democracy the availability of independent judiciary is essential.
Implementing the Socio-Economic and Cultural Rights in Nigeria And South Africa: Justiciability Of Economic Rights
(Edinburgh University Press, 2019) Olayinka, Olaniyi Felix
Interrogating the environmental rights of the Indigenous Peoples of the Niger Delta: how to safeguard the right of non-discrimination in pursuit of environmental sustainability in Nigeria
(Taylor & Francis Group, 2024) Olayinka, Olaniyi Felix
Land is a major factor in the production of goods. In the case of traditional communal land, as in the Niger Delta region of Nigeria, it was originally kept and used for the benefit of the community without compromising on the quality of the environment to devise for the next generation. The United Nations Environmental Protection and Conference Declaration on the Human Envi ronment (Stockholm Declaration, 1972) as such resolved that land has to be managed in a way that its resources would meet the needs of the present generation without prejudice to future generation’s needs. 1 Indigenous peoples in Africa thrived during the pre-colonial days as the cultural values of communalism and brotherly love ensured that none was in a disadvantaged position on account of another person’s use of a parcel of land entrusted to him. During the colonial administration and beyond, Indigenous peoples of the Niger Delta lost communal access to their ancestral land to more dominant corporations. Multinational companies consequently extract crude oil in a way that damages the environment and particularly destroys the agricultural businesses which eventually explains the poverty situation of Indigenous peoples of the Niger Delta.
Judicial Review of Ouster Clause Provisions in the 1999 Constitution: Lessons for Nigeria
(NAUJILJ, 2018) Olayinka, Olaniyi Felix
Ouster clause provisions rob the courts of jurisdiction, and ouster in Nigeria is observed under the classification of human right into the Fundamental Objective and Directive Principles of State Policy and the Fundamental Human Rights. The provisions of section 6(6) (c) of the Constitution of the Federal Republic of Nigeria, 1999 as such ousts the jurisdiction of the law courts in the enforcement of Directive Principles. The paper considers whether the unification approach adopted in the Preamble to the African Charter, the Constitution of the Republic of South Africa and that of India, is not a better option for Nigeria in the enforcement of matters under the Directive Principles. It investigates whether the ouster of jurisdiction of the courts on pre-election matters and impeachment of the executive do constitute an absolute bar on the courts’ jurisdiction. The paper recommends that the courts should adopt judicial activism as they review ouster of their jurisdiction, with a view of protecting human right and forestalling arbitrariness in governance. A court should then hesitate to unduly deny itself of jurisdiction on the provision that restriction should be strictly for the promotion of the interest of the state.
Non-Pharmaceutical Management of Covid-19 Pandemic:
(Journal of University of Dar es Salaam, Tanzania,, 2021-06) Olayinka, Olaniyi Felix
When Science was yet to find a cure for the COVID - 19 pandemic, one of the non-pharmaceutical measures adopted was avoidance of mass gathering and where desirable social and physical distancing. The UNESCO directed that schools should be closed and as such recommended the deployment of the Information Communication Technology (ICT) and the internet to run e-learning education. COVID - 19 pandemic and the e-learning expose the inadequate infrastructure in Africa, in terms of electricity and the internet, which existed pre-COVID-19 and which development does not adequately support e-learning. The wide disparity in socio-economic positions in countries of Africa, in part explains the un-equal access of individuals to the ICT and to the internet which affect the success of e-learning. The paper as such recommends that states should take measures to eliminate discrimination, exclusion and general in-equality in access to the ICT and to education generally.
Policies to Prevent Corruption in Nigeria: Enforcement of the Right to Education
(2019) Olayinka, Olaniyi Felix
This paper investigates how well Nigeria conforms to international best practices on the right to education. The quality of education that is available to Nigerians is affected by inadequate budgetary allocation, which is compounded by mismanagement of scarce resources and generally by corrupt practices. Education at the level of the primary, secondary and tertiary levels suffers on account of corruption, despite government propaganda that the state provides adequate educational opportunities at the three tiers of education. Attempts to prosecute and punish acts of corruption have failed consistently. Nigeria is a signatory to international and regional instruments which have influenced it to enact national anti-corruption legislation. However, the political will of successive governments to fight corruption remains on the decrease, particularly when a government itself is a product of corrupt practices. Such a government appoints politicians to the councils of the universities as a reward for political patronage and with a view to recouping the huge sums expended on elections. Anti-corruption laws are sidelined, regulations are compromised and the anti-corruption crusade fails. This results in education being the responsibility of unqualified teaching staff working with poor quality teaching infrastructure. The enforcement of the right to education is undermined. In order to salvage the education sector, it is submitted that Nigeria’s anti-corruption crusade should emphasise preventive measures. A university should be autonomous in respect of its objectives and finances. When funds allocated to education are safe from misappropriation, the right to education may be enforced properly.
Property Ownership and Corruption: Effect on Sustainable Development of Africa
(Economics & Law ISSN 2682-972X DOI:10.37708/el.swu.v3i1.2 Volume: III, Issue: I, Year: 2021, pp. 18-37, 2021) Olayinka, Olaniyi Felix
Pre-colonial communities occupying the space now known as Africa reflected “paradise on earth” having men of integrity, selfless, with focus on community development. The bonding of man with land and the invocation of land - based - spiritual powers allowed for easy enforcement of good morals and conduct in communities. The partitioning of Africa, with the break of the existing social-cultural bonding and the consolidation under colonisation of communities in Africa made communal bonding un-sustainable. The African ubuntu concept gave way, turning an average African a potential drain on his community under a “winner takes all” syndrome, just as he grabs property indiscriminately. The western legal systems introduce private property ownership, but the legal systems in practice record huge breaches of the rule of law, truncation of justice and development. The paper precisely investigates whether development in Africa can be attained based on legal systems foreign to Africa, rather than through indigenous legal tradition.
The Right to Food in Nigeria: What is the Impact of University Education on Food Security?
((Ibadan University Press, Ibadan, Nigeria, 2017) Olayinka, Olaniyi Felix
Rudiments of Nigerian Law
(NOLCO PUBLISHING HOUSE, 2008) Olayinka, Olaniyi Felix
The Concept of Equality under the Indigenous and Western Legal Systems: issues and challenges on Sustainable Development of Africa
(Scholars International Journal of Law, Crime and Justice, 2022) Olayinka, Olaniyi Felix
Communities in Africa in the pre-colonial days lived with one another in a just and equitable manner, in love, on the principles of ubuntu. The way of life was further sustained by the communities’ perception and equation of the land with humanity, where everyone had equal access to the land as factor of production. The communal system which assured of equal treatment of everyone suffered a set-back, through centuries of slave trading and the colonization and the eventual imposition of western laws on indigenous peoples of Africa, these transformed the indigenous communities from their classlessness into stratified un-equal societies of those who have and those who do not have. Corruption evolves as a result of private property ownership and this further compounds in-equality, such that communal properties are unfairly taken over by few individuals, under non-transparent privatisation of public utilities. Access to factors of production and to justice in the post-colonial Africa is a myth on account of technicality and cost. The prospect of sustaining the precolonial equitable access to factors of production and to justice through oral tradition suffers a setback on account of the loss of cultural archives like the African traditional religion and the indigenous languages.
‘The COVID-19 Pandemic and Education during a State of Emergency ’:
(Southern African Public Law, 2022) Olayinka, Olaniyi Felix
The COVID-19 outbreak necessitated UNESCO’s declaration of a state of emergency regarding education. The physical and social distancing approach to curb the spread of the virus made way for the adoption of distance learning, which was meant to be inclusive. This article examines conceptual and historical perspectives to determine whether distance education was adequate towards acting in the best interests of the child with disabilities. The needs of disabled children may vary and ‘a one size fits all’ approach cannot always satisfy these, especially not in an environment where social barriers exist. During the state of emergency, it was expected that the Nigerian government would provide an environment where children with disabilities received the desired support. The article also seeks to establish whether children with disabilities had access to digital and mass communication devices to connect them to distance education and also if the state of infrastructure was satisfactory in coping with the obligations of the government towards inclusive education before and after the pandemic, especially under COVID-19 distance education. Furthermore, the article will focus on the level of tolerance and co-existence between able-bodied children and those with disabilities, comparing the pre- and post-COVID-19 eras. It investigates whether inclusive education and peaceful co-existence could be achieved by adopting indigenous languages in schools and having recourse to African legal tradition.
The Impact of the Supreme Court of Nigeria’s Judgment in Garba & Others v University of Maiduguri & others on the Disciplinary Powers of Nigerian Universities
(Faculty of Law Rivers State University of Science and Technology, Port Harcourt, Nigeria,, 2016) Olayinka, Olaniyi Felix
In Garba v University of Maiduguri, the Nigerian Supreme Court was invited to interpret the provisions of section 33(1)(4) of the 1979 Nigerian Constitution. Therein the court established the principle of law to the effect that domestic tribunal of a university lacks the jurisdiction to enforce discipline on its campus where such an act of misconduct has criminal elements in it. The paper argues that this decision robs the universities of their deserved disciplinary autonomy and has the tendency of hampering the universities’ autonomy relevant to realise their teaching and research objectives. The paper observes that some other courts consequently adopted principles of interpretation such as the residual, the liberal, and the pragmatic rules of interpretation of the Constitution in a bid to restore disciplinary autonomy of the universities. This article submits that the application of rules of interpretation other than the literal rule, which the Court applied in Garba, assures of the desired disciplinary autonomy, which also assures the realisation of the objectives of the universities.
The Nigerian Universities Commission:
(Journal of Private and Property Law Department, Faculty of Law, Redeemer's University, 2022) Olayinka, Olaniyi Felix
A state has to harness its natural, physical and human and capital and resources to attain economic development. Universities produce graduates with skills, taking into cognizance the fact that when citizens of a country develop, such a nation develops automatically. Well-educated people have a higher level of creativity and productivity, stimulating development. Research is an essential activity of the University as the nation's needs and ways of meeting them are discovered. Infrastructural dilapidation and the incessant industrial actions by the Academic Staff Union of University (ASUU); poor quality of graduates and un-employment are matters of national concern. The paper inquires if the identified problems are capable of being solved through findings, investigations and funding. Commission(NUC). It considers the link between universities loss of power to control their affairs and the expectations that universities will facilitate economic development of Nigeria. Can sound education which is a product of learning and good character be attained in the circumstance where a monitoring commission itself has to be monitored? The paper uses both primary and secondary data as it adopts doctrinal method of legal research.
The Scope of Law, Religion and Human Rights in Nigeria
(Journal of Law and Diplomacy, 2010) Olayinka, Olaniyi Felix
It is intended in this work to examine the provisions of the constitution of the Federal Republic of Nigeria, 1999 vis – a- viz the provisions of other relevant laws as they allow for the enjoyment of religious practices by individuals and by communities of faith .The clarity of language, the intendment of the law makers will also be highlighted with a view of seeing the impact of such provisions. The Social, cultural, economic and political milieu of the country will also be examined in order to assess the impact and practicability of the rights by citizens through observance of religious beliefs. An individual’s enjoyment of these rights is weighed against other interests such as public health, safety and welfare of society. The interplay of religion and areas of conflict suggestive of qualified or restricted enjoyment of rights will also be examined.
Towards the Sustenance of Democracy in Nigeria:
(Pretoria University Law Press, 2019) Olayinka, Olaniyi Felix
Democracy is a governance style which involves every citizen and which is run for the benefit of all, as the people’s representatives form the government, and they in turn work for the collective interests.1 Nigeria became an independent country within the Commonwealth on 1 October 1960. The operating Constitution from then to 30 September 1963 empowered the parliamentary federal legislature to make laws for the country on exclusive legislative matters. To the extent that the members of the legislature were elected by eligible voters in Nigeria, the country passed through democratic governance.2 Under the 1963 Constitution Nigeria continued its democratic experiences except that the Queen of England ceased to be the head of state in Nigeria.3 Taiwo captures the political transition from 1966 to 1979 as follows:4 The constitutional and political order introduced into the country at independence came to an abrupt end on 15 January 1966 following a military coup. The existing democratic structure was replaced by a military order, and this scenario prevailed until 1979 when the country returned to civil rule. In 1979, a new system of government, the presidential system, replaced the parliamentary system of governance that existed under the 1963 Republican Constitution.

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