Department of Jurisprudence and International Law

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The Challenge of Domesticating Children's Rights Treaties in Nigeria and Alternative Legal Avenues for Protecting Children
(Cambridge University Press, 2018-10-02) Ogunniyi, Daniel
The domestication of child-related treaties is not a straightforward process in Nigeria. Unlike treaties with another thematic focus, the majority of constituent states must give their full consent before any child-related instrument may be domesticated at the federal level and subsequently re-enacted in the domestic states. In many ways, the plural legal orders in the country and the differing perceptions of childhood make consensus difficult to achieve in terms of child rights legislation. In this regard, even though the UN Convention on the Rights of the Child has been domesticated (through a contestable procedure), 11 of Nigeria's 36 constituent states have failed to re-enact the domesticating instrument. This study elaborates on this problem, and then examines some instruments that are not affected by the domestication challenges and may offer useful protection to children with regard to certain sectoral aspects, especially child labour and child trafficking.
Child Labour and a Search for Conceptual Clarity: Congruence or Contradiction in Children's Rights Treaty Law?
(Carnelian Journal of Law and Politics, 2021-12-12) Ogunniyi, Daniel
Child labour is among the indeterminate, but widely overlooked, concepts in children's rights law. In many ways, relevant child labour studies are field-oriented, focusing mainly on eradication in local contexts, with little clarification of the concept itself and its legal ramifications. As such, the social rendering of the term often depicts it in a legally confusing manner-to cover benign and exploitative works simultaneously. Although the prohibition of child labour features prominently in treaty law, the definition of the term itself is not contained in any instrument. An implicit assumption about work and its psychosocial ills has probably informed this CC gap as well as the uncritical approach to the subject in the literature. The identification of a legal meaning is, however, important, serving as a Copyright:© 2021 foundation for more coherent normative standards. Using the doctrinal
Indian Legal Profession and the Sexual Harassment of Women at Workplace Act
(Sexuality and Culture, 2019-08-06) Aina-Pelemo, Adetutu
Sexual harassment in professional fields can hinder economic development globally. The epidemic of sexual harassment within the law profession has created a hidden barrier, predominantly for females. This study seeks to examine the effect of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 (In.) (SHWWPPRA) among the legal professionals in India to determine whether sexual harassment affects the profession and whether sexual harassment is gender-biased. Empirical and descriptive research methods were adopted by administering questionnaires to three hundred and forty-seven (347) legal professionals. The results revealed that 57.1% of the total respondents did not think that the SHWWPPRA is significantly enforced, and 71.6% of 204 male and 83.2% of 143 female respondents viewed sexual harassment as a hindrance to the growth of the Indian legal profession. Based on these, it was recommended that The Advocates Act 1961 (In.) (AA) be revamped to include sexual harassment in the list of professional misconduct.
Natural Law Theory and Biblical Precepts in Evolution of Ethical Systems: An Examination of the Nigerian Moral Conscience
(Redeemer's University Nigeria, Journal of Jurisprudence & International Law (RUNJJIL), 2022) Ijiwoye, Oridamilola Adaba
The paper examined the natural law position that man's heart is branded with the divine law and that the divine law informs his conscience and reason. It critically appraised the position that the intersection at which biblical precepts and the natural law theory meet is a position that has often inspired human societies to make laws that seek to preserve ethical systems. The article engaged the question of whether natural law and biblical precepts influenced the ethical evolution of the Nigerian society through the normative doctrinal analysis, using content analysis to examine primary and secondary sources. It was argued in the article that although the Bible and the natural law school of thought have both contributed to the development of human-made laws by their impacts through their significant realization in the meta-narrative of human history, the Nigerian state has failed to engage its ethical system in accordance to the guidance of its moral conscience. The paper concluded that the Nigerian state had incurred a bad image from its ethical crisis. For its image to be redeemed, the moral conscience of the state and society must be the point of reference in political, legal, and social matters.
Nigerian Girl-Child: The Socio-Legal Landscape of Paedophilic Activity
(Nnamdi Azikiwe University Journal of Commercial and Property Law, 2021) Aina-Pelemo, Adetutu
Sexual abuse or molestation of children has been on the increase in Nigeria in recent times, even in regions where it was less prevalent. This review seeks to explore the socio-cultural processes surrounding the recent happenings of sexual abuse of the girl-child by much older male members of the Nigerian society. The study involves a discussion of the likely factors that aid the occurrence of such disorder and how it can be checkmated proactively and reactively. The diverse recent paedophilic acts reported by various Nigerian news and published articles through exploratory research methods were accessed, case laws, and other research databases were explored as methods of data source for the study. The paper finds that the trend of sexual abuse of children has moved from being perpetrated by total strangers or neighbours and relatives to parents. Also, the patterns of paedophilic activities that were highly concentrated in the Northern regions have now spread across the country, including South-West regions. Parental education on effective child-care strategies is recommended as a potential solution to the ongoing challenge.
Quid Pro Quo Sexual Harassment: Comparative Study of its Occurrences in Selected Institutions in South-West, Nigeria
(Current Research on Behavioural Studies, 2021-02-20) Aina-Pelemo, Adetutu
Quid pro quo type of sexual harassment; an exchange of sex for benefits which could be career, economic, mon etary or academic marks in case of tertiary institutions and that diminishes students’ right and impedes on their educational achievements or productivity. Sex for mark has become an issue of discussion in the Nigerian tertiary institutions in recent time due to its repeated occurrence. This survey empirically examines the prevalent type of harassments in the Nigerian tertiary institutions, whether the awareness of sexual harassment varies by gender and whether the type of institution differs in the perception of respondents about quid pro quo type of sexual harassment. In sourcing for information, the empirical methodology was adopted, involving quantitative and qualitative methods of research. Three hundred and fifty five (355) respondents were selected from private and public owned tertiary institution for the survey and the result revealed that majority of the respondents in public institutions (42.4%) reported that sex-for-marks was common in the school, when compared with the private institutions where majority (39.9%) had no idea. The study recommends that the characteristics of victims of sexual harassment within tertiary institutions be investigated to avoid risk of such exploitation.
Sexual Harassment and the Law
(Jos University Press, 2020-11-03) Aina-Pelemo, Adetutu
This book, Sexual Harassment and the Law, covers a variety of issues on sexual harassment. This includes the nature, concept and dynamics of sexual harassment. The book provides insight about sexual harassment amidst legal practitioners, being a microcosm of the society, through the meticulous utilisation of qualitative, quantitative and doctrinal research methodologies. It discusses the legal and regulatory frameworks of sexual harassment in selected countries such as Nigeria, Canada, the United Kingdom, South Africa, Australia, India, and the United States of America, among others. Furthermore, the book enunciates templates policies and guidelines that may be put in place by employers of labour in the public and private sectors of the society to whittle down or prevent the occurrence of sexual harassment. The authors hope this book will not only serve as a resource material on the subject of sexual harassment but herald conscious and strategic reforms in Nigeria, as well as across the globe. This is what a prominent Professor of African Studies, King’s College London, United Kingdom has to say about the book: “…The book will also add to the body of serious scholarly writings that have taken a bold step to offer critical multi-dimensional perspective to the sexual harassment phenomenon. It is against all this background that I very warmly welcome and recommend Sexual Harassment and the Law, written by Dr. Adetutu D. Aina-Pelemo and Dr. Paul Adole Ejembi. It is urbanely written and carefully woven together and it will put us in their debt for quite a long time to come”.
Sexual Harassment in Educational Institutions in Delhi’ N.C.R. (India): Level of Awareness, Perception and Experience
(Sexuality and Culture, 2017-04-27) Aina-Pelemo, Adetutu
This study examined the level of awareness of sexual harassment in educational institutions in Delhi NCR (India). This paper grouped the results of all respondents into two categories, i.e. Private and State institutions, wherein a total number of 430 respondents were selected from ten private and state universities by simple random sampling from their respective law faculties. The statistical tools used in analyzing the data collected were frequency and chi square which revealed that the level of awareness of private or individually owned institutions is relatively high but lacks clarity, and boils down to a lower level of awareness as compared with state or government owned institutions. The findings also revealed that private universities experience sexual harassment just like state universities. Based on these results, the author recommends the augmentation of awareness programs in all universities, especially private ones. Compulsory sexual education courses for new intakes could be arranged, and final year students could also be re-oriented before they graduate.
Socio-Demographic Determinants of Children Home Learning Experiences During COVID 19 School Closure
(Elsevier, 2022-01-02) Ogunniyi, Daniel
There were concerns about the inclusivity of learning for children living in countries with limited technology facilities during the COVID 19 school closure. This study investigates the socio-demographic determinant of engagement in home learning and the type of activity engagement for school children across Nigeria during the COVID 19 school closure. Regression and descriptive analysis of 1121 respondents revealed that household size, school communication and perceived socioeconomic status of parents were related to engagement in home learning while household wealth was associated to all types of activity engagement. We conclude that school communication is important for home learning
Trade Secrets and Emerging Challenges in Nigeria: Post Covid-19 Scenario
(Raj K Kovid, Daleep Parimoo, and Santhi Narayana, 2022-01-01) Fatehinse, Ayodeji J.
This chapter focuses on how the Covid-19 pandemic affected the intellectual property rights of people in business and the enforcement of protection of these rights. The authors adopted the doctrinal research methodology, which involves the examination of cases, relevant legislation, statutes and online research materials. The study revealed that the pandemic had created new avenues for possible violations of intellectual property rights. One of these routes is the employees’ access to confidential information from the comfort of their homes, among others. The study recommended that virtual private networks be used instead of public networks, personal computers against the family desktops, and policies for working from home.

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