Department of Public Law

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Now showing 1 - 20 of 69
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    Addressing the Rising Cases of Domestic Violence in 2017 and 2018 in Lagos State, Nigeria viz-a-viz The Rights of Members of a House Hold: A Wake Up Call on Stake Holders
    (University of Jos Law Journal, 2019) Nwaechefu, Hilary
    The trend of domestic violenceis as old as humanity, and it has persisted in Nigeria for reasons not well addressed by the society. However the trend has assumed alarming dimensions in recent time in Lagos of Nigeria leading to the passage several legislative instruments. The law against domestic violencehas come on board to curb the ugly trend with little or minimal success. The legislation against domestic violenceis meant to save lives and properties in the family arena. In Nigeria there are various laws against Domestic violence applicable in the states of the federation. The primary objective of this paper is therefore to identify the reasons why domestic violencehas been on the rise in Lagos state notwithstanding legislations. This paper also identifieswhat constitutes domestic violence, instances of domestic violence in Lagos state of Nigeriaand make recommendations towards checking and minimizingthese animalistic behaviours of humans against fellow human beings. 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, impatience, uncontrolled temper and incompatibilities among couples cum the wicked inclinations of humans lead to domestic violence. This paper makes recommendations towards stemming the tide
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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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    African Union and Peacekeeping Operations: Legal and Institutional Framework
    (Indian Society of International Law Year Book of International Humanitarian and Refugee Law, 2021-07) Adeyeye, Joel
    This article takes a critical look at the legal and institutional framework of the African Union (AU) in peacekeeping operation in Africa. The article notes that in contradistinction of what were obtainable under the Organization of African Unity (OAU), the AU went a step further to concretize her hold on peacekeeping operations. The paper discussed the legal regimes relate as a cornerstone to legitimize the various actions by land, sea or air to checkmate belligerent nations or a non-State actor in disturbing the peace in Africa. Concrete suggestions are then made to strengthen these institutions that are created by the AU in peacekeeping, peaceenforcement and peace building
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    An Analysis of Municipal and International Taxation of Nigeria Entertainers and Sportsmen
    (Nigerian Bar Association, Ilorin Branch, 2019) Adeyeye, Joel
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    An Appraisal of the Powers of the Attorney-General of the Federation to Prosecute the Violators of the Presidential Order Suspending the Operations of Twitter in Nigeria.
    (Nnamdi Azikwe University Journal of Commercial and Property Law, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2021-09-29) Koni, Ifeolu John
    The directive reportedly given to the Director of Public Prosecutions of the Federation (DPPF) to commence the process of prosecuting those who violate the Federal Government’s order suspending the operations of Twitter in Nigeria has brought to the fore again the scope of the powers of the Attorney-General of the Federation (AGF) to control criminal prosecutions in Nigeria. This article examines the legality of this directive in the context of the relevant laws embodying the prosecutorial powers of the Attorney-General. Adopting the doctrinal research approach, the paper takes a look at the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Administration of Criminal Justice Act 2015, and the Police Act 2020 dealing with the control of criminal proceedings by the Attorney-General. The paper finds that while the prosecutorial powers of the AGF are well preserved under section 174 of the 1999 Constitution they can only be validly exercised by him directly or through an officer in his department or any other person or authority when an offence known to law has been committed. It further finds that the Government’s order suspending the operations of Twitter in Nigeria cannot qualify for a written law within the meaning of section 36(12) of the 1999 Constitution. The paper recommends the insulation of the office of the Attorney-General from partisan politics to prevent abuse of powers by an incumbent Attorney-General. To achieve this, the paper suggests the insertion of a clause in the Constitution that will grant security of tenure to the Attorney-General in the same way as judicial officers are shielded under section 291 of the 1999 Constitution from arbitrary removal.
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    An Appraisal of the Role of Small Arms and Light Weapons in the Escalation of Insecurity in Nigeria
    (AIPGG, 2020-10-01) Idowu, Oladimeji
    Nigeria is today increasingly being defined by widespread insecurity. This is not a surprise as senseless killings have become almost a daily affair in the country. All manners of criminal activities such as terror attacks, banditry, kidnapping, armed robbery, etc. are perpetrated with reckless abandon, and more often than not, small arms and light weapons are the weapons of choice for the criminals. This study, therefore, examined the relationship between insecurity and illegal circulation of small arms and light weapons in the country. The study found that small arms and light weapons do not necessarily cause insecurity in Nigeria, but they facilitate crimes, instigate and intensify assault. The study recommended that the three arms of government in Nigeria should work together to revamp the legal framework for combating the illegal circulation of small arms and light weapons and, also adopt policy and orientation shifts that are capable of reversing the deteriorating general standard of living of the people in terms of access to food, education, health care, housing, security, and high life expectancy; provide gainful employment, educational facilities, medical care, good roads, electricity, and other basic amenities all across the country as these efforts will reduce drastically the drive for criminal activities which would mean a reduction in the demand for small arms and light weapons.
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    Arbitration Clause and Submission Agreement
    (Confluence Journal of Jurispendence and International Law, 2008) Adeyeye, Joel
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    The Child Right Act 2003 and the Challenges in the Nigerian Society, any Hopes for the Nigeria Child?
    (Port Harcourt Journal of Business Law, 2021-04) Nwaechefu, Hilary
    The hue and cry of child abuse in Nigeria is an age-long phenomenon. The ugly trend has persisted for reasons not well addressed by successive governments. The Nigeria constitution 1999 and the Child Right Act 2003 recognised the right to dignity of the human person. The Child Right Act recognises the rights of a child to survival, care, love, education, dignity to the human person, etc. and these rights are enforceable against whoever tramples upon them. The primary objectives of this paper will, therefore, be to identify the rights of the child, identify whether these rights are often respected or abused by adult members of the society and make recommendations towards reducing the incidence of abuse to the barest minimum or stamp out the abuses completely. This paper approaches the concept of the rights of the child by reference to the law textbooks, Law reports, Internet sources, Newspaper publications, statute books and the Nigeria constitution. The findings in this paper are that Nigeria law enforcement agents are not committed to protecting and enforcing the rights of the Nigerian child. Many cases of abuse of the rights of the child are swept under the carpet and so it goes on in our society unnoticed, uninvestigated and unprosecuted. This paper brings to the bare a few cases and instances the Internet and the Nigeria newspapers have exposed child labour and other forms of abuses.
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    A Comparative Analysis of Legal Protection for Females against Sexual Assault in Nigeria and Uganda.
    (East African Journal of Peace & Human Rights (EAJPHR)., 2021-06) Koni, Ifeolu John
    Women and girls constitute a large segment of human beings often referred to as more vulnerable members of the society who deserve special protection of the law, especially against all form of sexual abuse or assault. This article undertakes a comparative analysis of the legal frameworks of Uganda and Nigeria on sexual crimes with a view to determining the measure of protection their females enjoy under the relevant laws. The goal of this comparison is to bring out the lessons that the two countries, the latter representing West Africa and the former representing East Africa, can learn from each other in the attempt to develop the jurisprudence on rape and other variants of sexual assault in Africa. The article adopts the doctrinal research model and relies on both primary and secondary sources of information like the Constitutions of the two countries, the main statutes embodying their criminal law, judicial decisions (primary sources), books, journal articles, periodicals and the internet (secondary sources). The article observes that neither of the two countries has a composite law on sexual offences as a result of which the rules under which women and girls can seek protection are scattered in different statutes. However, Uganda has taken a remarkable step towards developing its jurisprudence in this area through the Sexual Offences Bill currently before the Parliament. As the Bill contains innovative provisions capable of granting the females better protection against sexual offences, this article recommends a speedy passage of the document and advises Nigeria to follow suit by initiating a separate law under which all females can obtain adequate safeguards against sexual violence and exploitation.
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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.
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    Confusion in the Field of Locus Standi Case of Governor of Ekiti State V. Fakiyesi
    (Redeemer's University Law Journal. (RUNLAWJ ), 2019) Nwaechefu, Hilary
    It is settled law that a plaintiff will have locus standi in a matter only if he has a special interest or if he can show that he has sufficient interest in the performance of the duty sought to be enforced or where his interest is adversely affected. In the Nigerian parlance, the celebrated case of Abraham .A. Adesanya .v. The President of the Federal Republic of Nigeria appears to have set the standard by which locus standi of litigants in Nigerian will be measured, especially in constitutional matters. Several cases have been decided after that upholding the precedent in Adesanya's case. Despite this precedent, it is rather• unfortunate that in applying Adesanya's case in some decisions, the Court of Appeal, with the greatest respec, ends up applying the same out of context. This was the case in Governor of Ekiti State .v. Fakiyesi which this paper is set to appraise critically. This paper concludes by stating that the choice to access the law courts, to voice views when a plaintiff believes that there has been an infraction of any of the provisions of our constitution is a Constitutional right and should not be sacrificed on the altar of lack of locus standi.
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    Corruption Offences and Penalties in Nigeria: A Critical and Comparative Analysis of the Criminal and Penal Codes Provisions
    (UNIMAID Journal of Private and Property Law, 2020) Idowu, Oladimeji
    This study presents a critical evaluation of the anti-corruption law in Nigeria; turning specifically to a comparative discussion of the Criminal and Penal Codes provisions on corruption offences. In Nigeria, the law reports are replete with numerous cases where corruption offences litigations are lost due to confusion occasioned by wrong interpretations given to certain provisions on corruption offences. This study, therefore, analyses corruption offences in Nigeria, with a view to drawing useful in sights in order to provide better guidance to the courts, lawyers and laymen in understanding the distinguishing features of some of the corruption offences. The study adopted the doctrinal methodology, and thus focused on the lex lata (the law as it exists) of the offences of corruption as opposed to the lex ferenda (what the law should be) and identifies bribery and fraud as major among corruption offences created under the two codes. The legal elements of the offences discussed are clearly spelt out. The study found certain provisions to be obsolete, ambiguous, and non-responsive to advancement in the society and new trends of corrupt practices. Drawing from the analyses provided, the study arrived at a set of recommendations, including that the two codes should be imbued with legal mechanism capable of preventing commission of corruption offences and provisions for restitution and forfeiture.
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    Corruption, Plea Bargain and Nigerian Criminal Justice System
    (Ife Juris Review, 2016) Nwaechefu, Hilary
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    A Critical Appraisal of Presidential Powers under the 1999 Constitution of the Federal Republic of Nigeria
    (UNIMAID Journal of Private and Property Law, 2020) Idowu, Oladimeji
    On daily basis, the actions and inactions of the person serving as the President of the Federal Republic of Nigeria directly affect the overall wellbeing of the peoplein the country. This study, therefore, examines the powers of the President, with a view to resolving the question, whether or not the nature and extent of the executive powers enshrined in the 1999 Constitutionare beneficial to the people as envisaged. In addressing the subject matter, the studyadopted the doctrinal methodologyto inquire into how executive presidency evolved in Nigeria; the nature and extent of the executive powers of the President; the state of security and welfare of the people; and the real reasons why executive presidency appears to be failing in addressing the problems facing the country. The study contends that the President who is saddled with too numerous functions, many of which should ordinarily be performed by various federating units, is overburdened and, therefore, incapable of performing those functions diligently. Finally, the paper makes the case that' Nigeria should be restructured in such a way that the President would be able to concentrate on external issues, such as foreign policy, defence, immigration, customs and excise, etc., while the federating units control internal affairs, such as, security, constructions of roads, primary health care, education, etc.
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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 Duties and Rights Of Taxpayers in Nigeria
    (Salem University, 2018) Adeyeye, Joel