Browsing by Author "Adepoju, Adebiyi Anthony"

Now showing 1 - 17 of 17
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    An Analysis of Compensation in Medical Negligence in Nigeria
    (2020) Adepoju, Adebiyi Anthony
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    Appraisal of Widows' Rights of Inheritance under the Nigerian Legal System
    (Journal of the Department of Private and Property Law, Faculty of Law, Redeemer's University, Ede, Nigeria, 2022) Adepoju, Adebiyi Anthony
    Basically, inheritance is the inalienable right of all members of the human family. It is linked to the enjoyment of all categories of rights because the wealth acquired by members of one generation usually assists the incoming generation to lay a solid foundation, build and improve upon it before handing over the baton to another set of people. Denial of inheritance rights impoverishes widows and make widows less economically secured. This paper examines widows' right of inheritance under the various laws, that is, customary, Islamic and general laws. The paper discusses different rights of widows and how those rights are exercised.
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    The Concept of Sovereignty
    (Department of Political Science and Public Administration, Redeemer's University, Ede, Osun State, Nigeria, 2018) Adepoju, Adebiyi Anthony
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    Definition of Rape and Overview of Surgical Castration as a Punitive Measure for Reducing the Menace in Nigeria
    (Nnamdi Azikwe University, Awka Journal of Commercial and Property Law, 2021) Adepoju, Adebiyi Anthony
    The rate at which rape is increasing in Nigeria is alarming. The Nigerian Penal and Criminal Codes define rape as penetration of virginal by the penis. This implies that only men are capable of committing rape. The punishment for rape varies from one jurisdiction to the other ranging from life imprisonment to death penalty. In Nigeria, the punishment for rape offence is life imprisonment. However, despite the punishment for rape, it has not deterred the perpetrators to decline from the heinous act, rather it keeps increasing. There is a need to introduce a stiffer punishment to curb the incessant menace of rape in our society. This paper examines the definition of rape, the Nigerian legal frame work on rape, surgical castration as an option to curb rape menace and related issues associated with surgical castration on rape. This article adopts doctrinal method of research with the use ofprimary and secondary materials such as the Statutes, decided cases, online journals, textbooks, conference papers, published articles and newspaper. This paper concludes that surgical operation should be adopted as the punishment for rape offence especially for serial rapists but at the same time, adequate measures should be put in place to protect innocent persons who were wrongly alleged. This paper recommends that, the definition and punishment of rape under the Nigerian laws be reviewed to introduce surgical castration as a punishment for rapist and also broadens the definition of rape.
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    An Examination of Admiralty Jurisdiction and Enforcement of Maritime Claims in Nigeria
    (Rhema University Journal of Management and Social Sciences, 2019-03) Adepoju, Adebiyi Anthony
    Many goods in admiralty actions have lost in time past, this is as a result in failure to take the right steps by the parties involved, for instance, failure to arrest a ship or cargo or freight (as a pre-trial and pre-judgement security for a successful action in enforcement of maritime claims because of ignorance on the part or the failure of counsel to realize the essence, implications and the roles of an action in 'Rem' in maritime claims and the difference between an action in 'Rem' and an action in Personam' or generally, enforcing the claims of litigants in admiralty matters, thus in Anchor Ltd. V. The Owners of the Ship Eleni, (1907-1979) INSC 42. The procedure taken out for the arrest of a ship was held not to be open to the plaintiff since the action proceeded in 'personam' and judgement was obtained against the defendant personally. However, this paper trace the history and origin of admiralty jurisdiction, classes of claims, distinguishes proprietary maritime claims from general maritime claims, actionable claims in maritime business, impact of Section 1 (i) (g) of Admiralty Jurisdiction Act 1991, Section 230, 1979 Constitution and Sections 249 — 252, 270 — 272 of Constitution of the Federal Republic of Nigeria 1999 (As amended) and Courts with jurisdiction in admiralty matters. The paper concludes with improvements which the concerned authorities need to make on admiralty business in Nigeria and recommends to the appropriate authority ways in which maritime business through court intervention can move to higher level
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    An Examination of Child's Rights and the Principles of Corporal Punishment
    (Redeemer's University Law Journal, 2019) Adepoju, Adebiyi Anthony
    In different entities across the nations, parents, and others apply corporal punishment on children for wrongdoing. Corporal punishment is a system of discipline mechanism in which supervising adult deliberately inflicts pain upon a child in response to a child's unacceptable behavior. Africans cherish certain culturalized ways of training children among which is to spank, whip, swat or paddle children to punish them for their wrongdoing. The Holy Bible commands parents not to withhold correction from the child, because if beaten him with the rod, such shall not die. Following this biblical injunction, punishing children by an adult as reiterated in the same chapter of the bible encourages supervising adults or parents to spank, because such shall deliver a child's soul from hell. The motive behind all these correcting mechanisms has been argued to be in the best interest of the child. If beating, spanking, and other corrective mechanisms are in the best interest of the child, to what extent should a parent or guardian beat a child to train them as prescribed by culture and religious mandate? Were the law to permits beating a child, it is needful to ascertain what level of beating is acceptable under the law to prevent the commission of another offense. These are what this paper has attempted to answer. The paper concludes on a strong notion that parents, teachers, and guardians need not to necessarily beat up a child before giving such a child best training.
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    Freight Safety in Freight Forwarding Business in Nigeria: The Challenges and Preventive Measure
    (Current Journal of Applied Science and Technology, 2019) Adepoju, Adebiyi Anthony
    Over the years, water transportation has been a major way of carrying over 90 percent of the physical carriage of Nigeria's external trade . "The reason behind this overwhelming dominance of water transportation, compared with others can be seen in over congestion of most of our sea ports in Nigeria, even in other countries of the world, can be seen in the over congestion of most of our sea ports in Nigeria." However, the issue of safety and security in the maritime industry is a serious and complex one. The economic losses arising from security lapse in most of our ports in Nigeria have become unacceptable in today's commercial climate. The most noticeable distruptions in our present day commercial climate are in the form of kidnapping, terrorism, theft of valuable cargoes, politically motivated crimes. In maritime business world, the undisputed facts are that, loss prevention mechanism which include security, safety, fire and risk management are top priority concerns. This paper has however attempted to analyze the contributing factors to insecurity in most of our seaports in Nigeria. And how insecurity in Nigeria sea can be curtailed or eradicated with the enabling laws governing the usage, management and control of the Nigeria sea ports
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    Hate Speech, Freedom of Expression and State Security Laws in Nigeria
    (Redeemer's University Law Journal. (RUNLAWJ ), 2018) Adepoju, Adebiyi Anthony
    Hate speech has generated much controversies in recent times in Nigeria to the extent that some had harped on the need or otherwise for a special law against it. The phenomenon has polarized the elites, particularly the political class, who obviously are the most responsible for hate speech. As a result, it was suggested that government should declare hate speeches as terror acts in view of troubling activities and misinformation capable of jeopardizing the unity of the country.Stakeholders, particularly security agencies have come out to urge the government to take steps to curb it considering the damage to the national life that it could cause should government fail to tackle it on time. Top government officials warned of the possibility of introducing fresh proactive steps to whip certain elements in line over utterances believed to constitute hate speeches
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    Land Tax and Land Taxation in Nigeria
    (Journal of the Department of Private and Property Law, Faculty of Law, Redeemer's University, Ede, Nigeria, 2023) Adepoju, Adebiyi Anthony
    As modern economists put it, land is a free gift of nature but rated the most valuable factor in determining the growth of economy of any Nation. Generally, land contains any ground, soil or earth whdtsoever which includes fields, pastures, woods, moors, waters, minerals and rock. It has length and breadth with its volume extends upwards to infinity and downwards to the Centre of the earth.Apart from being the most important factor of production, land is a source of revenue generation to the government at all levels. Its contribution to the growth of any economy cannot be over-emphasized till extend that legislation has to be made for its proper management. This paper has examined land taxation and its advantages in Nigeria, also analysed its contribution towards the development of economic growth to all tiers of government in Nigeria
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    Law of Succession: Towards a Single System of Law in Western Nigerian
    (European Journal of Law and Political Sciences, 2022) Adepoju, Adebiyi Anthony
    The law of succession basically deals with methods of distributing property left behind by the deceased person. When a man dies, the devolution of his self-acquired property depends upon whether he has a will or not. If he has made a will, the property devolves according to the dictate of his mind through the will. If no Will exists, that is, under the condition of intestacy, his property devolves according to the customary law applicable to the deceased. The situation becomes complex where deceased who during his life time was a religious person and practice Islamic religion. Islamic law of succession is not a law made by legislators hence, its operation is not regulated by any human endeavor. Islamic law of succession is a divine law and it has to be applied as contained in Holy Quran and Sunnah of Prophet Muhammad (SAW). Problem about the applicable choice of law is more pronounced and common under intestacy. Conflict and choice of law thus, exist in the methods of distribution under various customary laws. Uncertainties associated with applicable choice of law allow some to inherit while others do not. These practices in respect of property inheritance under customary law particularly in the six states of the Western Nigeria manifest in different forms and shapes but eliminating these conflicts between succession laws in Western Nigeria shall be the focus of this research
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    Legal Appraisal of Maritime Liens in Admiralty Business: Practice and Procedure in Nigeria
    (West African Journal of Business and Management Sciences, 2018) Adepoju, Adebiyi Anthony
    Sometime, when a maritime lien arises from the claim and the owner(s) of the ship or the ship itself or both of them need to be held responsible for the deed of their ship, the appropriate parties to be included in an actions at times often missed and thereby create an irreparable vacuum and rendered the judgment unenforceable or too difficult to enforce. This is as a result of misunderstanding of or confusion as to the kind of cause of action that can ground an admiralty action in rem warranting the arrest of the ship or there ("a thing") or the kind of maritime claim to ground an action in 'personam'. Ex parte orders of arrests of the ship or other maritime 'res' have usually been set aside and the arrested ship or maritime 'res' released because the person who would be liable in an action in 'person am' was not the beneficial owner of the vessel as it was stated in the case of M.V.S. Araz v. LPG Shippings A. (1993 — 1995) 5 NSC 298. The court among other things held that such indiscriminate arrest of ship on insufficient grounds or without good cause, occasion undue delay and colossal loss and expense to ship owners or charterers or owners of the 'res' arrested and are goods basis for application to court by defendants for compensation
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    Mergers and Acquisitions: Appraisal of Regulatory Framework in Nigerian Banking Sector
    (Journal of the Department of Private and Property Law, Faculty of Law, Redeemer's University, Ede, Nigeria, 2022) Adepoju, Adebiyi Anthony
    Due to the ever-changing process of life and nature, one event giving way and one thing for another, most changes in life's activities are owed to providence. The need to reconstruct becomes more glaring when all other remedies have been applied and it has defied solutions. Mergers and acquisitions are contemporary developments in the Nigerian Banking Industry and under Nigerian Law; Today, banks in Nigeria are saddled with the task of reconstructing by means of mergers and acquisitions for a number of reasons, ranging from inadequacy of working capital, lack of focus, underutilization of resources, inadequate equipment, foreign exchange decline, high cost of production, et cetera. This research work broadly examines the concept of mergers and acquisitions in the Nigerian banking industry from a legal perspective; it examines the challenges that accompany it and provides appropriate recommendations
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    Regulating the Medical Profession in Nigeria: The Medical and Dental Practitioners Council in Perspective
    (AIPGG Journal of Humanities and Peace Studies, 2021) Adepoju, Adebiyi Anthony
    The medical personnel are bound by the provisions of law guiding the operations and practice of the Medical profession in Nigeria to ensure strict adherence to the medical code of conduct. Using the legal approach, this paper interrogates the institutional mechanism for enforcing these regulations by studying the Medical and Dental Practitioner Council of Nigeria's activities. It also explores the Medical Doctor's patient’s relationship to ascertain the extent to which the regulatory body has sanctioned erring doctors who violated the code of conduct/ethics of the medical profession in Nigeria. The article argues that the absence of a regulatory framework breeds indiscipline. It concludes that the Medical and Dental Practitioner Council of Nigeria should rise to their responsibility to restore confidence in a would-be patient that may likely seek medical advice or solution to their problems.
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    Resolving Dilemma of Legal Pluralism in Western States' Laws of Succession
    (Carnelian Journal of Law & Politics, 2022) Adepoju, Adebiyi Anthony
    In recent time, researches have shown the need to have one single law in respect of succession matters in Western Nigeria. This is as a result of conflicts attributed to the existing succession laws in the region. Multiplicity of laws of succession have occasioned miscarriage of justice. Often time, lawyers, litigants, even courts do express their dissatisfaction about proliferation of laws in respect of succession matters. The paper has however, examined what can be done to eliminate the conflicts and the problems associated with these proliferations of laws. Findings revealed that Nigeria has not adopted appropriate approach to harmonize different intestate laws. Due to the proliferation of laws of succession in the region, conflicts has been occasioned and as such it has led to the miscarriage of justices and denial of inheritance rights to some set of the people. The paper concluded that lack of one single system of law of succession in the region and Nigeria at large has largely responsible for the conflict which litigants, counsels and even the courts are experiencing today. Unification of intestate succession laws in Nigeria is however, been suggested as the only solution to the problem of pluralism of laws in the area of succession in Nigeria, and it can be achieved by integrating all the existing laws of succession with the support of legislation. Doing these will give all parties in inheritance matters equal opportunity and thereby forbid rancor which this present sharing system has brought.
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    Succession and the Rights of Female Children and Widows against Male Counterparts under Customary Law in Southern Nigeria
    (Ife Juris Review, 2017) Adepoju, Adebiyi Anthony
    The patterns of inheritance and succession, particularly under intestate estate under customary law in Nigeria, have almost as many variations as there are ethnic groups in the country, and many of the variations are discriminatory in practice. The law of succession and inheritance reflects Nigeria's plural legal system. Indigenous customary law developed rules of inheritance for intestacy through the traditional canon.of descent, as adapted over the years to changes in the society and the rule of natural justice as applied by the courts. Rather than trying to cover all the patterns of succession, this paper examine a few of the succession patterns, with particular reference to the discriminatory aspects under customary law. The study concluded that even though customary laws differ from place to place, some principles of customary Law seem to repeat themselves in the different cultures. Intrinsic in almost all customary laws is the principle that men are superior to women and as such women are subject to men. Following this notion, women are viewed as belonging first to their fathers and subsequently to their husbands. Therefore, women are denied many rights including the right to inherit property and others from their fathers and husbands, the right to own property since they are themselves chattels to be inherited. Finally the study concluded that this is contrary to the principle of non discrimination as enshrined in section 42 of the 1999 Constitution which provides that no person should be discriminated against only on ground of sex, race, religion etc.
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