Browsing by Author "Akinola, Omoniyi Bukola"

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    Amendment of the Rules of Professional Conduct in the Legal Profession in Nigeria: Are there Romantic Powers between the General Council of the Bar and the Attorney – General of the Federation?
    (ELIZADE UNIVERSITY LAW JOURNAL, 2019-02) Akinola, Omoniyi Bukola
    The preamble to the Rules of Professional Conduct for Legal Practitioners 2007 contains personalized wordings seemingly vesting the power of amendment of the Rules of Professional Conduct for Legal Practitioners 2007 on the Chairman of the General Council of the Bar. This paper will examine whether or not it is the Chairman of the General Council of the Bar or the General Council of the Bar itself as a body that has the power to issue, make or amend the Rules of Professional Conduct for Legal Practitioners. Where it is the former who makes and amend the rules, what are the implications for the legal profession being an appointee of the President of the Federal Republic of Nigeria. The paper made recommendations in line with global practices taking cue from other jurisdictions.
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    The Applicability of Immunity Clause to Contempt Charges: Myth or Reality?
    (Journal of Nigerian Government and Politics (JNGP), Institute of Continuing Education Programme (ICEP), Imo State University, Owerri, Imo State, Nigeria, 2007) Akinola, Omoniyi Bukola
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    An Appraisal of the Investigatory Powers of the Legislative Houses under the 1999 Constitution
    (Malaysian Current Law Journal, 2017-01) Akinola, Omoniyi Bukola
    Nigeria practices bicameral legislature and unicameral legislature at the Federal and state levels respectively. Since the return of democratic government in all tiers of the Nigerian government, the military has been in the barracks and the legislative arm of government has been rejuvenated again. Over a decade, there have been more than 50 probe panels constituted by the legislature in the past decade. The legislature has been performing their oversight functions. The question is whether the style of such performance is in conformity with the spirit and letters of the Constitution. This paper reviews the various powers the constitution vests on the legislative arm of government in Nigeria. The paper also observed some lapses in the exercise of these oversight functions. The paper however suggested ways in which this legislative oversight can be strengthened for better policy formulation and legislation to enhance good governance for development.
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    An Appraisal of the Jurisprudential Analysis of African Oath Taking. A View
    (Institute of Continuing Education Programme (ICEP), Imo State University, Owerri, Imo State, Nigeria, 2007) Akinola, Omoniyi Bukola
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    An Appraisal of the Role of Law Clinics in the Nigerian Justice Sector Reforms
    (Niger Delta University Law Journal, Faculty of Law, Niger Delta University Wilberforce, Bayelsa State, 2018-02) Akinola, Omoniyi Bukola
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    Building Artificial Reproductive Technology Rights within the Walls of Right to Privacy in Nigeria
    (Redeemer's University Law Journal, 2022) Akinola, Omoniyi Bukola
    Achieving reproduction through Artificial Reproductive Technology (ART) is phenomenal and a shift in the dynamics of medicine and biotechnology. All over the world ART has developed beyond leaps and bounds, thereby assisting parties who are having fertility challenges and are unable to procreate to embrace parenthood. In Nigeria, ART has been practiced over thirty years and still we do not have a legislation for its development and over these years, people have undergone several ART procedures, which was successful and some unsuccessful. Where there are liabilities of unethical procedures, most people have not been able to hold medical personnel responsible as the absence of a regulatory framework still poses as a great challenge. The research methodology adopted is doctrinal as the paper examined existing literature in this field of law. This paper while explaining ART, also considered the constitutional right to privacy for parties, as the choice of bringing to the limelight the identity of parties and their children who are born through ART should be the personal choice of the parties involved. More so, the paper analyzed the legal framework of some jurisdictions, so as to enable our legislature reflect a semblance of those laws in our own legislation for a better re-defined and regulated use of ART. The authors made some recommendations and which if put in practice, will help us in the growth and development of ART in Nigeria.
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    Building Peace Through Inclusive Community Governance: A Case Study of Isi – Uzo LG.A. Enugu State
    (ENBAR Law Journal, Nigerian Bar Association, Enugu Branch, 2019-02) Akinola, Omoniyi Bukola
    Nigeria as a nation has been yearning for peace owing to the increase in cases of unprovoked killings and attacks on villages and communities in the North East, North Central, Rivers and Enugu States of Nigeria only to mention a few. The killings have been heightened by the desire of the militia herdsmen to conquer territories for their cattle to graze. This paper brings to limelight the importance of peace in any society. The paper further reviews the steps being taken by Enugu state and more especially Isi – Uzo Local Government Area of the state towards promoting peace and warding off criminal elements in the area. The paper underscores the fact that peace is a catalyst for growth in any given environment. The paper ends with recommendations for sustainable growth and communal development.
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    Comparative Analysis of Competition Law in the U.S.A., South Africa and Nigerian Power Sectors
    (Ife Journal of International and Comparative Law, (IJICL) Department of International Law, Obafemi Awolowo University, Ile - Ife, Osun State, Nigeria, 2015) Akinola, Omoniyi Bukola
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    Comparative Perspective to Advertising by Lawyers in Nigeria
    (IJRDO-Journal of Business Management, 2017-09) Akinola, Omoniyi Bukola
    This paper analyzes the extent to which a legal practitioner can advertise his trade in view of global initiatives and contemporary challenges in the legal profession. Part E of the Rules of Professional Conduct for Legal Profession 2007 was critically examined in this paper vis a vis similar provisions in selected jurisdictions. The paper welcomes new innovations and possible amendments of the Rules of Professional for Conduct for Legal Practitioners 2007 in line with international best practices. The paper further makes comparative analysis of lawyer advertising in the USA, UK, Canada and South Africa. The paper makes recommendations on the need to improve legal marketing by Nigerian lawyers within the ambit of an amended Rules of Professional Conduct.
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    A Conceptual Analysis of the Discipline of Lawyers in Nigeria: Key to the Development of the Profession
    (Scholars Bulletin via http://scholarsbulletin.com/wp-content/uploads/2018/02/SB-42-191202-c.pdf ISSN 2412-897X (Online), “Scholars Middle East Publishers” Dubai, United Arab Emirates, 2018-02) Akinola, Omoniyi Bukola
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    Confronting Impunity in Nigeria: The Role of the Lawyer
    (Ebonyi State University Law Journal,, 2017) Akinola, Omoniyi Bukola
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    The Consumer and the Benefits of Competition Law in Nigerian Sectoral Economic Reforms
    (Consumer Awareness Initiative, 2011) Akinola, Omoniyi Bukola
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    Contemporary Issues in Town Planning Regulations in Nigeria:
    (Natural Resources and Environmental Law Journal (NJNREL), 2014) Akinola, Omoniyi Bukola
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    Costs, Legal Representation and Professional Responsibility
    (Department of Jurisprudence and International Law, University of Jos,, 2019-01) Akinola, Omoniyi Bukola
    A lawyer is a professional with skills and competences to represent a party in cases, without fear or favour in court or tribunal. Recently, the courts have awarded heavy cost to be personally paid by legal practitioners appearing in cases before them, in departure from previous practices and statutory provisions. The approach instigates the query on the propriety of such awards and whether this does not hamper the right of legal representation and the protection that a legal practitioner enjoys when acting for a party? The paper argues for a balance position to hold a legal practitioner to the honour of his calling, while enjoining the courts to award cost within the parameters of principles set in case law and statute; the paper also suggests measures for the protection of the legal practitioner in the discharge of his duty to represent his client.
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    Covid-19 and the Challenges of Access to Justice in Nigeria
    (Faculty of Law Redeemer's University, 2021-12) Akinola, Omoniyi Bukola
    There have been several complaints about the justice system's operations in Nigeria. However, the outbreak of Covid -19 in 2019 exacerbated the challenges of Access to Justice around the World and especially in Nigeria. Globally, states took several emergency measures to ensure that the impact of Covid-19 on their judicial system is alleviated. In Nigeria, the effects of Covid-19 adversely affected the justice system leading to diminished access to justice by both the litigants and lawyers due to the measures put in place to combat Covid 19 to reduce its spread, one of which was the lockdown for some months in the year 2020. The aim of this paper is therefore to investigate the challenges of Covid 19 on Access to Justice in Nigeria. In achieving the research objective(s), the doctrinal research methodology will be adopted, coupled with an analysis of the challenges of Covid 19 on the access to justice in Nigeria vis a vis other clime and the measures put in place to ensure Access to Justice despite the outbreak of Covid 19. This paper discovers that the judicial system in Nigeria is still unprepared to assuring Access to Justice and need to take a hint from other climes so as not to repeat the difficulty experienced in accessing justice.
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    A Critical Appraisal of the Doctrine of Corporate Personality under the Nigerian Company Law
    (Nigeria Legal Information Institute, 2012-02) Akinola, Omoniyi Bukola
    The purpose of this work is to examine the practical, statutory and judicial application of the unique doctrine of corporate personality under the Nigerian Company law, its varying legal implications on corporate governance, comparison with the English doctrine of Corporate personality, when the veil of incorporation will be pierced as well as dichotomization of the doctrine through the extraction of the doctrine of human personality acting as the mouthpiece of the Company's activities.
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    The Effects and Prospects of Competition Law in the Nigerian Power Sector Reforms
    (Confluence Journal of Jurisprudence and International Law . Kogi State University, Anyigba., 2014) Akinola, Omoniyi Bukola
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    Essentials of Good Governance in a Multilingual, Multiethnic and Multi-Religious Society: Developing an Effective Model for Nigeria
    (Legal Practice Discourse, 2021) Akinola, Omoniyi Bukola
    Good governance is the pillar upon which any good society stands and thrives. The aim of this paper is to examine the concept of good governance, the extent of its application in Nigeria and the need to develop an effective model for Nigeria considering its multilingual, multiethnic and multi-religious composition. The paper adopts the doctrinal approach in this research by examining current literature in this topic and making further recommendations for research while finding solutions in tolerance and adherence to the spirit and letters of a Constitution which is generally acceptable to all Nigerians both home and in diaspora
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    Expanding the Frontiers of Environmental Rights under the 1999 Constitution
    (Confluence Law Journal, Kogi State University, Anyigba, Kogi State, 2019-02) Akinola, Omoniyi Bukola
    Until the Constitution of the Federal Republic of Nigeria, (as amended) 1999 (the Nigerian Constitution) was enacted, Nigeria’s constitutions during the pre-independence and post-independence era, had no constitutional protection for environmental rights. One of the lacunae the 1999 Nigerian Constitution sought to fill therefore was the absence of a constitutionally protected environmental right. Environmental rights proponents believed that with such welcome addition to Nigeria’s supreme law, the herculean task of enforcing the right to a safe, harmless environment would be made much easier. Chapter II of the 1999 Constitution provides for Fundamental Objectives and Directive Principles of State Policy. Section 20 of the 1999 Constitution as amended provides for the environmental objectives. Environmental rights are not expressly provided for in Chapter IV of the constitution under Fundamental Rights. This paper will examine the scope of environmental rights under the constitution vis a vis recent developments across jurisdictions of the globe. The paper is a call for amendment of the relevant provisions of the 1999 constitution to expand the frontiers of environmental rights to the realm of fundamental rights.