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- ItemAccess to University Education in Africa under the COVID-19 Pandemic:(Novena University Law Journal, 2024) Olayinka, Olaniyi FelixThe COVID 19 was a contagious disease without any endorsed vaccine, at the initial stages, but exigencies compelled the introduction of preventive measures to curtail escalation, and such measures later got recognition as the „new normal way‟ of doing things. The paper as such investigates the directives of the United Nations and other regulatory bodies as they conceived policies particularly that while the lock down directives were on, schooling and education should go on by distance arrangement. The paper observes that if education had to run while students studied from home, the role of Information communication technology and learning devices on networking, collaboration and interaction among students and academic staff cannot be overemphasised. The paper notes that the pre-COVID-19 university access was not impressive on account of inadequate teaching infrastructure and learning environment. It argues that infrastructural deficit rather hindered most states in Africa taking full benefit of information communication technology and the internet for learning. The paper examines the issue of development and links it with good governance, investigating if successive governments‟ financial commitments to education in Nigeria had been adequate. It notes that if states have not done well in terms of giving the right infrastructure to grow a nation, university education‟s prospects of contributing to human capital enhancement cannot be realised. It observes that the high rate of patronage will not be justified with a declining standard of university education owing to public sector corruption and inadequate funding. The situation is not made better by the COVID-19 global pandemic and the inability to explore as appropriate, the online learning facilities. The hitherto inadequate access has been further compounded. The paper adopts doctrinal model of investigation just as it recommends good governance to effect development. It concludes that non access to teaching facilities during COVID-19 has further given a boost to the out-of school children population.
- ItemAchieving Good Corporate Governance in Public Companies through Directors’ Liabilities: A Multi-Jurisdictional Discourse(Carnelian Journal of LAW & POLITICS. Babcock University, Ilisan Remo, Ogun State, Nigeria, 2021) Adebayo, Bamidele OlasehindeGlobally, several legislations make provisions for directors’ duties and liabilities. These range from Asia, to America, to Europe and Africa. For example, the English Companies Act (CA) 2006 codifies the general duties of directors, replacing previous common law and equity principles concerning directors’ duties to the Company. The Nigerian Companies and Allied Matters Act (CAMA), 2020 also specify the roles of directors and make provisions that enhance good corporate governance; and the Kenyan Code of Corporate Governance made similar provisions regarding corporate governance. The quest to achieve good corporate governance in public companies is indispensable judging from corporate failures in other jurisdictions, such as the collapse of corporate giants like Enron and Worldcom, among others. Many stakeholders are interested in how public companies are governed, and this requires that officers, especially directors entrusted with the responsibility of managing them must be above board and would, therefore, be liable for their negligence, omission, commissions, or acts that are inimical towards achieving good corporate governance in those companies. This paper, through the use of comparative, doctrinal, and non doctrinal approaches, discusses the types of liabilities that directors of public companies can incur and the circumstances under which those liabilities are incurred. The article calls for stiffer sanctions to curb directors’ excesses in managing public companies in Nigeria. It recommends robust allowances and adequate prerequisites of office to motivate directors and to discourage fraudulent practices. It concludes that the Company’s overall interests must be paramount in all decisions and actions of directors so that the corporate goal can be achieved.
- ItemAddressing 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, HilaryThe 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
- ItemAdjudication of Tenancy Matters: An Unending Debate of the Jurisdiction of the Federal High Court of Nigeria(Redeemer's University Law Journal, 202) Adeyeye, JoelThere 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
- ItemAdvancing Management Practice without Compromising Discipline:(Journal of Current Law and Arbitration Practice,, 2023) Olanyinka, Olaniyi FelixThe Nigerian Institute of Management (NIM) through the NIM Act set out to regulate and control the practice of Management in Nigeria with a view of complementing in the building of requisite human resources towards nation’s development. The Council and Members in General Meeting constitute the two organs through which the objectives of the Institute are realized. The organs are expected to co-exist in a manner that guarantees active participation of professional managers in General Meeting in the running of the Institute. The paper considers whether the total members attending the Annual General Meeting and the fact of meeting once in a year gives the organ effective platform to review all year round possible power abuse of the Council. The Council has the discretion to withdraw an approval given in respect of a course, qualification or institution upon violation of the Institute’s rules and regulations. The paper interrogates if the discretion is such that may be exercised judiciously in view of the requirement of the law for in - house disciplinary proceedings, and or trial before the law court, by way of judicial review. The protection of professional managers’ right to fair trial has the substantive and the procedural approaches and the question determined here is, if human resources and management practice can be promoted without affording erring management practitioners fair trial. The paper adopts a critical analysis of concepts
- ItemAfrican Union and Peacekeeping Operations: Legal and Institutional Framework(Indian Society of International Law Year Book of International Humanitarian and Refugee Law, 2021-07) Adeyeye, JoelThis 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
- ItemAmendment of the Rules of Professional Conduct in the Legal Profession in Nigeria: Are there Romantic Powers between the General Council of the Bar and the Attorney – General of the Federation?(ELIZADE UNIVERSITY LAW JOURNAL, 2019-02) Akinola, Omoniyi BukolaThe preamble to the Rules of Professional Conduct for Legal Practitioners 2007 contains personalized wordings seemingly vesting the power of amendment of the Rules of Professional Conduct for Legal Practitioners 2007 on the Chairman of the General Council of the Bar. This paper will examine whether or not it is the Chairman of the General Council of the Bar or the General Council of the Bar itself as a body that has the power to issue, make or amend the Rules of Professional Conduct for Legal Practitioners. Where it is the former who makes and amend the rules, what are the implications for the legal profession being an appointee of the President of the Federal Republic of Nigeria. The paper made recommendations in line with global practices taking cue from other jurisdictions.
- ItemAnalysis of Adherence to Hippocratic Oath in Practice vis-a-vis Strike Action by Medical Practitioners in Nigeria(Maiduguri Law Journal, 2020) Adebayo, Bamidele OlasehindeStrike by medical practitioners is a global challenge, potentially having a negative impact on human lives. Striking doctors have a moral and legal dilemma between adherence to the Hippocratic Oaths of their profession and their constitutional right to embark on strikes when necessary, like other employees. However, the right to life is an omnibus right that encompasses other basic rights, but the Nigerian judiciary has not made a pronouncement on this, such as making right to health care a component of the right to life. Mostly, the contradiction is that the exercise of one right (such as the right to strike) may have a direct negative impact on the attainment of another (such as the right to life). The right to life is supreme, paramount, sacrosanct, and indispensable. Therefore, any other right which is inconsistent with the right to life should be declared null and void to the extent of the inconsistency. The writer adopts the doctrinal (conceptual/library-based) research method in this paper by extensively consulting statutes, treaties, case law, journals, books, international agreements, the internet, and so on. The paper argues that as much as medical practitioners are legally entitled to embark on strike to press home their demands, this right should be abrogated concerning them because of the essential and peculiar nature of their job. To compensate doctors for this 'denial' of their right to strike, the paper suggests that the government must ensure that all necessary conditions that will make the health sector attractive to them arc in place, and thereafter, outrightly ban strike by medical doctors. In other words, because of the essential nature of their job, just like the Police and Army, medical doctors should be incapable of embarking on strike action. The paper concludes that the improved condition of service of medical practitioners will prevent strike action and discourage brain drain, by which the government would be seen to have performed their primary duty of protecting the constitutionally guaranteed right to life of the citizens.
- ItemAn Analysis of Compensation in Medical Negligence in Nigeria(2020) Adepoju, Adebiyi Anthony
- ItemAn Analysis of Municipal and International Taxation of Nigeria Entertainers and Sportsmen(Nigerian Bar Association, Ilorin Branch, 2019) Adeyeye, Joel
- ItemThe 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
- ItemAn Appraisal of the Investigatory Powers of the Legislative Houses under the 1999 Constitution(Malaysian Current Law Journal, 2017-01) Akinola, Omoniyi BukolaNigeria practices bicameral legislature and unicameral legislature at the Federal and state levels respectively. Since the return of democratic government in all tiers of the Nigerian government, the military has been in the barracks and the legislative arm of government has been rejuvenated again. Over a decade, there have been more than 50 probe panels constituted by the legislature in the past decade. The legislature has been performing their oversight functions. The question is whether the style of such performance is in conformity with the spirit and letters of the Constitution. This paper reviews the various powers the constitution vests on the legislative arm of government in Nigeria. The paper also observed some lapses in the exercise of these oversight functions. The paper however suggested ways in which this legislative oversight can be strengthened for better policy formulation and legislation to enhance good governance for development.
- ItemAn 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
- ItemAn 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 JohnThe 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.
- ItemAn Appraisal of the Role of Law Clinics in the Nigerian Justice Sector Reforms(Niger Delta University Law Journal, Faculty of Law, Niger Delta University Wilberforce, Bayelsa State, 2018-02) Akinola, Omoniyi Bukola
- ItemAn Appraisal of the Role of Small Arms and Light Weapons in the Escalation of Insecurity in Nigeria(AIPGG, 2020-10-01) Idowu, OladimejiNigeria 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.
- ItemAppraisal of Widows' Rights of Inheritance under the Nigerian Legal System(Journal of the Department of Private and Property Law, Faculty of Law, Redeemer's University, Ede, Nigeria, 2022) Adepoju, Adebiyi AnthonyBasically, inheritance is the inalienable right of all members of the human family. It is linked to the enjoyment of all categories of rights because the wealth acquired by members of one generation usually assists the incoming generation to lay a solid foundation, build and improve upon it before handing over the baton to another set of people. Denial of inheritance rights impoverishes widows and make widows less economically secured. This paper examines widows' right of inheritance under the various laws, that is, customary, Islamic and general laws. The paper discusses different rights of widows and how those rights are exercised.