Department of Private and Property Law

Permanent URI for this collection

https://repository.run.edu.ng/handle/123456789/54

Browse

Browsing Department of Private and Property Law by Issue Date

Filter results by year or month
Now showing 1 - 20 of 106
  • Thumbnail Image
    Item
    Sovereign National Conference: The Legal Questions
    (Journal of Nigerian Government and Politics, (JNGP) Institute of Continuing Education Programme (ICEP), Imo State University, Owerri, (IMSU) Imo State, Nigeria,, 2005) Akinola, Omoniyi Bukola
  • Thumbnail Image
    Item
    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
  • Thumbnail Image
    Item
    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
  • No Thumbnail Available
    Item
    Rudiments of Nigerian Law
    (NOLCO PUBLISHING HOUSE, 2008) Olayinka, Olaniyi Felix
  • Thumbnail Image
    Item
    Public Acquisition of Land and Issues in Compensation: A view
    (Nigerian Journal of Petroleum, Natural Resources and Environmental Law (NJPNREL), 2009) Akinola, Omoniyi Bukola
  • Thumbnail Image
    Item
    Nigerian Sectoral Economic Reforms in the Absence of Competition Law: A Critique
    (Nigeria Legal Information Institute, 2009-03) Akinola, Omoniyi Bukola
    Antitrust Laws are statutes which promote competition among market forces and players in an economy. In essence, Competition is part of life, both for individuals and corporate personalities, when healthy, it stimulates growth. Antitrust Laws are otherwise known as Competition Law in various jurisdictions. Free and open economy benefits consumers by ensuring lower prices, new and better products and services. As of the time of writing this paper, Nigeria lacks this vital legal regime. The paper advocates the enactment the enactment of this vital legal regime by the National Assembly.
  • Thumbnail Image
    Item
    The Role of Competition Law in the Nigerian Petroleum Sector
    (Nigerian Journal of Petroleum, Natural Resources and Environmental Law (NJPNREL),, 2010) Akinola, Omoniyi Bukola
  • Thumbnail Image
    Item
    Taking the Doctrine of Corporate Personality beyond International Law Realm: An overview
    (Confluence Journal of Jurisprudence and International Law. (CJJIL) Department of Jurisprudence and International Law, Faculty of Law, Kogi State University, Anyigba, Kogi State, 2010) Akinola, Omoniyi Bukola
  • No Thumbnail Available
    Item
    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.
  • Thumbnail Image
    Item
    The Consumer and the Benefits of Competition Law in Nigerian Sectoral Economic Reforms
    (Consumer Awareness Initiative, 2011) Akinola, Omoniyi Bukola
  • Thumbnail Image
    Item
    Judging the Judge: Lessons from Nigeria and Selected Jurisdictions
    (Essays in Honour of Hon. Justice Iche N. Ndu, Former Chief Judge, Rivers State, 2012) Akinola, Omoniyi Bukola
    One of the unique provisions of the 1999 Constitution is the creation by statute of the National Judicial Council. This paper explores the importance of the National Judicial Council in a democratic dispensation, the powers of the Council and their limitations. In Canada, the Canadian Judicial Council appoints and sanctions Judges of Federal Superior Courts. In South Africa and Botswana, the Judicial Service Commission appoints, disciplines and sanctions Judges in partnership with the President and the Parliament. Over the years, the Federal Judicial Service Commission regulates appointment and discipline of judicial officers in Nigeria at the Federal level. However, the poser is, how far has the regulatory institution been able to judge the Judge across these identified jurisdictions? This paper reviews the role of the National Judicial Council vis-a-vis its powers and limits under the 1999 Constitution. It also compares the Nigerian standard with some selected jurisdictions and posits that although much could be achieved through the National Judicial Council in the bid to sanitise the Judiciary, much could also be learned from certain jurisdictions.
  • Thumbnail Image
    Item
    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.
  • Thumbnail Image
    Item
    Section 12 of the Legal Practitioners Act Examined
    (Nigerian Law and Practice Journal., 2013) Akinola, Omoniyi Bukola
    The Supreme Court recently reaffirmed its decision in Jide Aladejobi v. NBA by its ruling in Rotimi Williams Akintokun v. LPDC. The ruling of the court is to the effect that appeals from Legal Practitioners Disciplinary Committee (LPDC) lie to the Appeal Committee of the Body of Benchers. Prior to this period, the same court had ruled in Charles Okike v. LPDC (No. 1) that appeals from the decisions of the LPDC lie to Supreme Court without any amendment to the extant laws applicable to both cases. The court had in these two cases relied on the provisions of section 12 of the Legal Practitioners Act 1990 as amended. Section 11 of the Legal Practitioners (Amendment) Decree 1994 expressly repealed section 12 of the Legal Practitioners Act. This paper reconciled these seeming conflicting decisions of the apex court by suggesting an amendment of the section under examination. The paper critically examined all the tentacles of the repealed and amended portions of section 12 of the Legal Practitioners Act. The paper identifies two schools of thoughts in arriving at some seemingly safe recommendations. The paper further proposed the harmonization of the scattered provisions of the various amendments to the Legal Practitioners Act in a proposed Legal Practitioners (Consolidation) Act.
  • Thumbnail Image
    Item
    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
  • Thumbnail Image
    Item
    The Nigerian Minimum Wage Legislation and the Legal Questions
    (Journal of Public and Private Law, Nnamdi Azikiwe University, Awka., 2014) Akinola, Omoniyi Bukola
  • No Thumbnail Available
    Item
    Contemporary Issues in Town Planning Regulations in Nigeria:
    (Natural Resources and Environmental Law Journal (NJNREL), 2014) Akinola, Omoniyi Bukola
  • Thumbnail Image
    Item
    Enforcement of Corporate Governance Codes Through Voluntary Compliance or Legislation
    (Journal of Corporate Governance, 2015) Adebayo, Bamidele Olasehinde
    Corporate Governance principles and practices are being evolved by the board of corporations worldwide to serve as the guiding principles in the running of the affairs of an organisation on day-to-day basis. It embodies the integrity of the organization, as to what that entity stands for in the conduct of its business dealings, which directly mirrors the person of the individual members of the Board, as acts perceived or carried out by agents of the organization will be deemed to be acts of the board and that of its representatives. It is in such light that members shall be viewed as good or bad. Effective Corporate Governance anchors ultimately on 'meeting the demands' of all participating stakeholders in the fortune (or otherwise) of every corporate entity. The greatest of the stake contributors are the owner-shareholders who submit their governance authority to the Board of Directors (BOD) on behalf of the company. (See CAMA 1990, Sec. 244(1). The concern for good corporate governance apparently received the loudest of the clarion calls only at the beginning of this millennium. Today, it can safely be said that the need for directors to observe the notion of accountability, transparency and timely responsiveness to corporate issues started to receive the most attention since 2001 — the year that marked the fall of the world-renowned Enron and the WorldCom (both US-based energy and communication giants). These two celebrated events have re-written the entire global corporate history with, perhaps the most crucial chapter, "need for good Corporate Governance" receiving the most focus. A major fall-out of these unwanted events has put in place some regulatory responses in most advanced economies that cannot just wait and merely submit the corporate entity largely to the dictates of the BOD machinery. A notable instance is the enactment of the Sarbanes-Oxley Act of 2002 in the United States of America (USA). This singular Act now renders the Chief Executive Officer (CEO) of a corporate organization to be directly responsible for all its acts-thus further unveiling the mask of incorporation and narrowing the divide between the company and the managers ' responsibility towards it. This paper examines the issue of enforcement of Corporate Governance, both international and locally (Nigeria) and considered whether this should be by voluntary compliance or through legislation. The merits and set backs of each of the options were examined. In the end, this writer is of the view that there is no amount of legislation that can change peoples mind, as there are various devices to circumvent any legislation if those to comply are not really keen in doing so. In the end, the writer submits that enforcement of Corporate Governance should be by a combination of Voluntary Compliance and Legislation. This is borne out of the fact that each company, industry and of course, country differs in their legal and business structures and what is good for the geese in one country may not necessarily be good for the gander in another.
  • Thumbnail Image
    Item
    The Role of Shareholders’ Association in Corporate Governance in Nigeria
    (ABUAD Journal of Public and International Law (AJPL), 2015) Akinola, Omoniyi Bukola
  • Thumbnail Image
    Item
    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
  • Thumbnail Image
    Item
    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.