Department of Jurisprudence and International Law

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Admissibility of Electronically Generated Evidence in Nigeria: History, Challenges and Prospects
(Redeemer's University Law Journal, 2024) Yewande F. Oluwajobi
The admissibility of electronic evidence in Nigerian courts is fairly new and came with attendant challenges and prospects. The challenges are probably due to the total exclusion of its admissibility by the Evidence Act prior to 2011 and misunderstanding of the import of the rules. In 2011, the new Evidence Act was enacted and enabled the admissibility of electronically generated evidence. This study reviewed the history, challenges and the prospects of admissibility of electronic evidence in Nigerian courts. The study adopted doctrinal legal research approach with primary and secondary sources of law such as statutory authorities including the Evidence Act 2011.The study found out that the Evidence Act failed to address the vulnerability of electronic records and other challenges of modern technological usages. In addition, the study also discovered that while the Evidence Act had addressed some of the pertinent issues on admissibility of electronic evidence, there are still many unresolved issues on electronic evidence. The study concluded by recommending that there are needs for reforms of the laws governing electronic evidence in order to meet international best practices.
Biotechnology Regulatory Conundrum: Balancing Innovation and Oversight
(The Journal of Sustainable Development Law and Policy, 2024) Yewande F. OLuwajobi
The development and application of biotechnology in Nigeria have been significantly influenced by environmental factors, with the country's unique ecological context shaping the adoption and regulation of biotechnology. Nigeria's biodiversity hot spots, such as the Niger Delta and savannas, have driven the development of biotechnology solutions for the conversation and sustainable use of natural resources. Environmental concerns, including deforestation, soil degradation, and water pollution, have also spurred the adoption of biotechnology in areas like sustainable agriculture and bio remediation. Furthermore, the impact of climate change on Nigerian agriculture has led to increased investment in climate-resilient biotechnology research and development. As a result, Nigeria's burgeoning biotechnology sector faces a regulatory conundrum as the country strives to harness the technology's potential while ensuring public safety and environmental sustainability. In Nigeria, the National Biosafety Management Agency (NBMA), the National Environment Standards and Regulations Enforcement Agency (NESREA), and the National Agency for Food and Drug Administration and Control (NAFDAC) share regulatory oversight, but challenges persist. This paper examines the tension between innovation and oversight in Nigeria's biotechnology regulatory landscape, highlighting issues of institutional capacity, public engagement, and ethical considerations. A balanced approach is proposed, integrating stringent regulatory frameworks, robust public participation, and innovation-friendly policies to foster responsible biotechnology development in Nigeria. This paper employs an analytical and comparative approach, utilising the doctrinal legal research methodology, which involves scrutinising both primary and secondary sources to provide a comprehensive and insightful examination of the issue under consideration.
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
Gender Discrimination and the International Division of Labour: A Legal Appraisal
(Kampala Internatioanal University Law Journal, 2022) Yewande F. Oluwajobi
Access to employment and income opportunities for women is a fundamental right. Employment is a source of self-esteem, social standing and human dignity. Discrimination in the work place denies women of this fundamental right. Gender discrimination targeted mostly towards women is a violation of civil rights, and comes in the form of unequal access to education and health care, unequal pay, sexual harassment, pregnancy discrimination, glass ceiling, board room discrimination and such likes. The Nigerian Constitution provides for the protection of women in every stratum and the Labour Act covers labour conditions for women. Unfortunately, the provisions are scanty and grossly inadequate, just as the available provisions are scarcely enforced. At the International level, several treaties have been made to address gender-imbalance in the workplace, but developing countries still significantly lag behind in the provision of this fundamental right. This article seeks to analyse the effects of gender inequality in the workplace vis-a-vis the legal and institutional frameworks: access the effects of discrimination on women's output in the workplace; appraise gender discrimination in the workplace; analyse the national laws and international instruments that constitute the legal frameworks for the protection of women in the workplace and finally made recommendations for employers and policy makers on gender related issues.
Impacts of Green Technology on the Promotion of Renewable Energy in Nigeria: The Imperatives of Regulatory Mechanism
(The Journal of Sustainable Development Law and Policy, 2024) Yewande F. Oluwjobi
In an attempt to address the environmental challenges associated with the extraction and burning of fossil fuels in Nigeria and other nations, special attention must be paid to the issue of renewable energy, which has been neglected in the last few decades. The main objective of this paper is to evaluate the the impact of green technologies on the promotion of renewable energy in Nigeria and the need to have a legal framework for green energy in Nigeria. The paper examined the nexus between renewable energy and green technology; it also reviewed the mechanisms for promotion of green technologies as well as the role of law in the deployment of green technologies for sustainability purposes in Nigeria. This paper adopted the doctrinal approach in analysing the impacts of green energy on Nigeria's push for renewable energy that is sustainable and environmentally friendly. This paper found that green technologies evolved from the need to address environmental concerns over greenhouse gas emissions from 'dirty energy,' in addition to efficiency in the production and use of energy. The study recommended that laws and policies should be implemented to support green energy. Impacts, Green-Technology, Promotion, Renewable-Energy
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.
Legal Frameworks for the Sustainable Use of Outer Space for Energy Security, Equity and Prosperity for All States
(The Journal of Sustainable Development Law and Policy, 2024) Yewande F. Oluwajobi
The world energy crisis is real and this has been caused, among many reasons, by overpopulation, international wars and natural disasters. The energy shortfall and the demand for more energy options have raised worries among active players in the energy sector. The current trend is to explore renewable energy resources; however, the energy class from outer space has yet to be explored and offers a wide range of alternatives. It is crucial to note that abundant energy can be extracted from the sun, and solar energy has previously been employed on the terrestrial earth to address some energy restrictions. However, weather fluctuations significantly reduce the usefulness of solar power. One significant disadvantage of exploring and using renewable energy from outer space is the necessity for an appropriate legal and administrative framework to regulate energy-tapping activities. This research examines the factors militating against the effective use of energy from outer space. It sheds light on environmental and health laws and human considerations. It also examined the Space Treaties and other relevant Laws regulating the activities carried out in outer space. The research makes recommendations on how to tap into the use of renewable energy from outer space.
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.
Sharenting, Legal Aspect of Child's Privacy Rights in the Age of Internet: Nigerian Perspective
(Elizade University Law Journal, 2021) Yewande F. Oluwajobi
Sharenting as a norm is popular among social media users, especially amongst parents, even though many have not adverted their minds to legal implications of sharing online. Social media platforms afford its users many privileges as well as pose both legal and security challenges. The study examined the legal implications of sharenting for parents in the Nigerian context. The study adopted both primary and secondary sources of information. The work analysed also the provisions of Nigeria Data Protection Regulation 2019 and Chapter 4 of the 1999 Constitution (as amended) of the Federal Republic of Nigeria. In relation to the protection of the privacy of children online and identified loopholes that can make implementations of the laws difficult. The study found that whilst many parents use the social media platforms to post updates about their children, they sometimes inadvertently expose children to security risks. On the other hand, children have need for privacy that could clash with the parents' right to share thus creating clash of interest. The article examined the possibility of children employing legal means to enforce their right. Whilst there are no precedents on children suing their parents for unnecessary exposure on social media, global trends are moving in that direction. The paper calls for reforms in judicial attitude to interpretation of Section 37 of the Constitution and recommends sensitization of parents on the legal implications of sharenting.
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
The Legal Aspect of Digitalization of Privacy of Children Online
(Redeemer’s University Nigeria, Journal of Jurisprudence & International Law, 2024) Yewande F. Oluwajobi
The Digital world provides myriads of opportunities for people all over the world, and it is a great place for mothers to catch up and connect with their family, friends and loved ones. It has provided communities for many parents who find themselves grappling with motherhood challenges and has become an important platform for assistance and growth. However, sharing information about the child has ethical and legal consequences. This study examined the impact of digitalization on the young child and the legal consequences of the exposure. The study adopted a doctrinal approach using both primary and secondary sources of information. The study found out that most states lack comprehensive protection for children online and that the few protections in place did not take cognizance of the fact that parents do expose their children to dangers online despite the fact that that was not the intention of the parents involved. The study also recommended that new laws must be put in place to give children more protection from their parent’s actions online. The study concluded by recommending that sensitization must be done for parents on the legal implications of what they share online about their children.
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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