Department of Public Law

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    Adjudication of Tenancy Matters: An Unending Debate of the Jurisdiction of the Federal High Court of Nigeria
    (Redeemer's University Law Journal, 202) Adeyeye, Joel
    There 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
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    Legal and Political Aspect of Debt Cancellation
    (NIGERIAN BAR ASSOCIATION, 2006-04) Adeyeye, Joel
    Against 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.
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    An Overview of Kwara State High Court (Civil Procedures) Rules 2005
    (Journal of Law and International Security, 2007) Adeyeye, Joel
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    Arbitration Clause and Submission Agreement
    (Confluence Journal of Jurispendence and International Law, 2008) Adeyeye, Joel
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    Handover of Bakassi to The Republic of Cameroon: Matters Arising
    (Confluence Journal of Jurispendence and International Law, 2008) Adeyeye, Joel
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    Liability for Negligence of Professionals in the Course of their Duties
    (Nigerian Journal of Food, Drug and Health Law, 2009) Adeyeye, Joel
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    Remedies For Wrongful Termination of Contract of Employment
    (BEN OKETOLA PUBLICATIONS, 2011) Adeyeye, Joel
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    An Overview and Comparative Analysis of Fundamental Rights Enforcement Procedure Rules of 1980 and 2009*
    (Confluence Journal of Jurispendence and International Law, 2011) Adeyeye, Joel
    It 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.
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    Indigene/Settler Question in National Politics
    (Faculty of Law, University of Llorin, Nigeria., 2015) Adeyeye, Joel
    This 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.
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    The Search for Local Government Autonomy in Nigeria: Legal and Institutional Pathways to its Realisation.
    (The Institute for Oil, Gas, Energy and Sustainable Development, (OGESD), Afe Babalola University, Ado-Ekiti, Nigeria, in partnership with the University of Calgary, Canada., 2016) Koni, Ifeolu John
    This article examines the status of the local government under the tripartite governmental system in Nigeria that has been in operation since 1979. It reviews the various reforms that the administration of local government has gone through from the colonial era till 1999 when the extant Constitution of Nigeria came into force. The article finds that notwithstanding the provision of section 7 of the 1999 Constitution which provides for a system of local government by democratic means, many of the State Governments have continued to set up caretaker committees at this tier of government, thereby denying the grassroots population of the benefits of democratic rule. The creation of the infamous State Joint Local Government Account has rendered the Local Governments totally prostrate as they depend completely on the State Governments for funds needed for their development. The article recommends, inter alia, that section 165 of the 1999 Constitution should be amended with a view to abolishing the State Joint Local Government Account and making the Local Government Councils both politically and financially autonomous.
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    Issues in Customary Law Betrothal in Nigeria
    (Ife Juris Review, 2016) Nwaechefu, Hilary
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    The Place of Natural Law and Natural Rights in the Criminal Trial of an Accused Person in Nigeria
    (Lead City University Law Journal, 2016) Nwaechefu, Hilary
    There is no doubt that an accused person has constitutional safeguards in the course of his trial under the Nigerian criminal justice. These constitutional rights are enshrined in Section 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999. Such rights include, the right to be informed promptly in the language that he understands, the details and nature of offence of the accused, the fight to be given adequate time to prepare his defence, the right to defend himself in person or by legal practitioner of his own choice, the right to be presumed innocent until he is proved guilty and the right not to be charged for an unwritten offence. All these rights are aimed at ensuring that an accused person is not unjustly dealt with. Also, the relevant provisions in the Administration of Criminal Justice Act 2015 and the Child Right Act 2003 shed more light on the rights of an accused person in criminal trials. The paper is channeled towards making sure that Nigerians are fully informed/ aware of the place of natural law and natural right of the accused person in criminal proceeding and how it could be enforced. This paper will not seek to look at the rights, generally, but specifically the right of an accused person vis-a-vis the relevant statutory provisions. The paper concludes by pointing out lapses inherent in the Nigeria criminal jurisprudence.
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    The Desirability or Otherwise of State Police in Nigeria — The Legal Framework
    (Lead City University Law Journal, 2016) Adeyeye, Joel
    This 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.
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    The Effect of the Administration of Criminal Justice Act, 2015 on the Law Relating to Bail in Nigeria
    (Akungba Law Journal, 2016) Nwaechefu, Hilary
    The most recent adjectival legislation on criminal proceedings in Nigeria is the Administration of Criminal Justice Act, 2015. The Act introduces certain far-reaching innovations in the law relating to bail in Nigeria, aimed at reinforcing the legal essence of the bail provisions in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This paper appraised some of the strengths and weaknesses of the bail provisions of the Act. In achieving this objective, the paper primarily relied on the relevant provisions of the Act as well as relevant texts and articles on the subject-matter of bail. The ideas garnered from these sources were synthesized towards proffering some recommendations. The paper found that despite the seemingly comprehensive coverage of the Act in bail and other matters, there remained room for improvements in some aspects of the law of bail as entrenched in the Act. The paper recommends a country-wide application of the bail provisions of the Act.
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    Corruption, Plea Bargain and Nigerian Criminal Justice System
    (Ife Juris Review, 2016) Nwaechefu, Hilary
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    Legal, Public Health and Environmental Issues Arising from Mining Activities at Itangunmodi Community of Atakumosa West Local Government Area of Osun State
    (Ife Juris Review, 2017) Nwaechefu, Hilary
    Mining hazards caused by unregulated and unprofessional miners had plagued a community known as Itangunmodi, located at Atakumosa West Local Government Area of Osun State in Nigeria, spanning over three decades. Reporters and Journalists from different media platforms have been conducting investigations, seeking the views of experts and making necessary recommendations on the issues of mining hazards in this particular community of Itangunmodi amongst others. The primary objective of this paper is to identtb, mining hazards in this particular community and then make useful recommendations to address the identified challenges. This paper will approach the Itangunmodi community mining hazards by reference to Internet sources, Newspaper publications and text books. This paper finds, amongst others, that, despite legislations to regulate environmental hazards, the Nigeria government and other stakeholders have done little or nothing to address the hazardous challenges of mining activities to the communities where precious stones and other rich mineral deposits are found, such as the Itangunmodi community under review herein.
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    Property 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
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    The Rascality of Paedophiles in Lagos State Nigeria in 2017 and 2018: A Wake up Call on Stake Holders
    (Journal of Private Law, 2018) Nwaechefu, Hilary
    The years of 2017 and 2018 under review had recorded so many cases bordering on the rascal activities of Paedophiles on children by way of incestuous acts and defilements in Lagos. Some legislative instruments had been passed with the view to Stemming the tide and thus save the Nigeria child from the harrowing experience of defilements. Although defilement of children is classified as part of domestic violence, the criminal law and the law prohibiting domestic violence applicable in Lagos state appear not to be deterrent enough; hence the rising trend in the offence. While the incestuous acts committed on children (also defilement) involve persons with the same blood affinity, the offence of defilements generally involve persons with or without blood affinity. The primary objective of this paper is therefore to identify the reasons why there are so many incidence of defilements and incestuous acts in Lagos state notwithstanding legislations. This paper also identifies what constitutes defilements and incestuous act, instances of defilement of children in Lagos state of Nigeria and makes recommendations to check and minimize this serious offence in our society. This paper approaches the topic by reference to Statute books, Law text books, Law reports, Internet sources, Newspapers. The findings in this paper are that, lack of self control, quest for sudden wealth by those whouse human beings for money ritual, paedophiliac nature in some males coupled with corruption lead to defilement of minors. This paper makes recommendations towards stemming the tide.
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    A 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, Joel
    This 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.