Department of Private and Property Law

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    A Critical Analysis of the Role of the Courts in Determining Breach of Duty of Care in the Law of Tort
    (2021) Chukwunye Augusta Ojeih
    To succeed in an action for negligence under the law of torts, a plaintiff must prove that the Defendant owed to the plaintiff a duty of care, that the Defendant had violated that duty of care, and that the plaintiff suffered some injury as a result of the breach of duty of care. Accordingly, before going into the question as to whether a breach of the duty has occurred, it is necessary to first resolve the issue as to existence or otherwise of a duty of care and the degree of such duty as well as standard of care. It is only after this that an examination into the actions of the defendant and as to whether a breach has occurred, would become necessary. This paper undertakes a critical look into involvement and attitude of the court over the years in resolving the question of breach of duty of care under the Law of Torts. Beginning with a cursory look at duty of care and the neighbor principle as enunciated in Donoghue v. Stevenson as well as the factors that determine existence or otherwise of duty, the paper proceeds for purposes of proving breach of duty, to determine the expected standard of care, the reasonable man’s test and the doctrine of Res Ipsa Loquitur. Then follows a consideration of what prevailing attitude of courts of law to (classes of defendants in cases relating to) breach of duty of care is, and a conclusion that acknowledges the continuing nature of discussions on breach of duty of care, especially in view of the wide and flexible nature of the subject and the fact it is more often than not, affected by numerous, sometimes unanticipated and unanticipatable circumstances.
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    Access to University Education in Africa under the COVID-19 Pandemic:
    (Novena University Law Journal, 2024) Olayinka, Olaniyi Felix
    The 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.
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    Achieving 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 Olasehinde
    Globally, 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.
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    Advancing Management Practice without Compromising Discipline:
    (Journal of Current Law and Arbitration Practice,, 2023) Olanyinka, Olaniyi Felix
    The 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
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    Amendment 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 Bukola
    The 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.
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    AN ANALYSIS OF THE LEGAL REGIMES FOR OZONE LAYER PROTECTION
    (coou African Journal of Environmental Research, 2024) Oluwatosin Kate Olanrewaju-Elufowoju
    This paper analysed the vital legal framework governing ozone layer protection, primarily, the Vienna Convention for the Protection of the Ozone Layer and the effective Montreal Protocol on Substances that Deplete the Ozone Layer. The analysis covered the historical context, cooperative arrangements, and the complex interplay of actors in addressing the global challenge of ozone depletion. The study carefully examined the roles of developing and developed nations in implementing these legal instruments by interrogating the Canadian, South African and Nigerian contexts. It provided nuanced insight into their diverse approaches and problems faced at the national level. The research revealed the significant stride of the Montreal Protocol in curbing ozone-depleting substances. However, persistent challenges and emerging environmental threats such as global warming and climate change underscore the need for continued global efforts. The paper emphasized the need for continued international cooperation to ensure that the ozone layer fully recovers. It concluded by acknowledging the strides already made towards international cooperation while emphasising the urgency of collective action to address emerging challenges and evolving environmental concerns for a healthier planet.
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    An Apprasial of Emerging Issues in the Law and Practice Relating to Bail, Bondspersons and Forfeiture of Recognizamnce in Nigeria
    (Law and Courts eJournal, 2021) Chukwunye Augusta Ojeih
    A basic constitutional right of a suspect who is being held in the custody or is arraigned in court on criminal charges, is the right to be admitted to bail, pending the final determination of the case against him. This right is founded on the accusatorial criminal justice system, and the constitutional principle that an accused person is presumed innocent until his guilt is proven beyond reasonable doubt in a court of law. In exceptional circumstances, bail may even be granted also to a person who has been found guilty of a criminal offence, pending the determination of his subsisting or proposed appeal. Bail is granted to the accused person either unconditionally or subject to some conditions usually referred to as the terms of bail, which may include production of surety, sureties or bondspersons, among other conditions. The terms or conditions of bail are considered necessary for purposes of guaranteeing the availability of the accused person to face his trial, or until the final determination of the charge against him. Where an accused person who has been granted bail upon production of sureties or bondspersons, thereafter jumps bail, there is an obligation on the part of the surety/bondsperson to produce the accused person; else, the surety may be liable to show cause why the surety should not be made to forfeit the recognizance the surety entered into as a condition for admitting the accused person to bail. A lot of controversies and confusions has arisen from the practice and use of sureties/bondspersons, the abscondment of accused persons, the practice of revocation of bail and forfeiture of recognizance in Nigeria. This paper is aimed to explain as well as to examine the law and practice as they relate to grant of bail to suspects in custody and persons charged to court on commission of criminal offences, the use of recognizance, sureties or bondspersons, jumping of bail and the concept of forfeiture of recognizance in Nigeria. The aim of the authors herein is two fold; to clarify the law and principles on these subjects, for the benefits of researchers, practitioners and stakeholders in criminal justice administration, to analyse the practical application of the law in these fields with a view to determining on the one hand, to what extant the practice in Nigeria is in tandem with extant law and principles of reasonableness, and on the other hand, the extent of conformity of the Nigerian law on same, to international best practices.
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    An Assessment of the International Legal Regime on Copyright Protecton
    (Department of Private and Property Law, Faculty of Law, Abia State University, Umuahia, 2024) Olanrewaju-Elufowoju Oluwatosin Kate
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    An Examination of Trans-Boder Crimes and National Security in Nigeria
    (Department of Private and Property Law, Faculty of Law, Redeemer's University, Ede Osun State, 2024-02) Oluwatosin Kate Olanrewaju-Elufowoju
    Examining the complex network of transnational criminal operations that seriously jeopardize national security, the article focused on Nigeria. The article carefully examined a wide range of criminal activity, including cyber and intellectual property crimes, terrorism, money laundering, drug trafficking and the far-reaching effects of environmental crime. It dissects the intricate dynamics of these criminal networks using a thorough doctrinal analysis, exposing their transnational reach and the difficulties they present to law enforcement. This analysis goes beyond standard discourse to establish a connection between the rise in transnational crimes and globalization. The argument put forth was that the swift interconnectedness enabled by globalization had unintentionally created the conditions for the growth of a worldwide criminal economy. Given this context, the article highlighted the imperative need for comprehensive and well-coordinated measures, calling on governments to reinforce their law enforcement efforts and promote global cooperation by means of public-private partnerships. In light of the ongoing difficulty that transnational crimes provide to societies, the article's conclusion highlighted the necessity of placing a high priority on national security while also posing relevant queries on the viability of totally eliminating criminality.
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    Analysis of Adherence to Hippocratic Oath in Practice vis-a-vis Strike Action by Medical Practitioners in Nigeria
    (Maiduguri Law Journal, 2020) Adebayo, Bamidele Olasehinde
    Strike 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.
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    An Analysis of Compensation in Medical Negligence in Nigeria
    (2020) Adepoju, Adebiyi Anthony
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    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
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    An Appraisal of the Investigatory Powers of the Legislative Houses under the 1999 Constitution
    (Malaysian Current Law Journal, 2017-01) Akinola, Omoniyi Bukola
    Nigeria 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.
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    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
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    An 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
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    Appraisal 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 Anthony
    Basically, 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.
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    Biodiversity Loss and Climate Change: Policy Measures and Adaptation Strategies in Nigeria
    (African Journal of Social Sciences, 2020) Gasu, Gideon
    Climate change which has become a global concern has occupied the centre stage of all human discussions today, can be traced back to the advent of massive industrialization in the late 19trh century and early 20th century during which enormous quantities of greenhouse gases were emitted into the atmosphere. This phenomenon has greatly affected the distribution and extinction of species of flora and fauna ecosystems as well as man and his environment. The earth surface is full of a diversity of plants and animals, currently estimated at about 1.8 million. Yet, it is greatly threatened by biodiversity loss, erosion and depletion of genes and the extinction of global species which constitute an important concern to national and international authorities. In this paper, we examined the rationale and regime for the conservation of biodiversity and adaptation strategies for Nigeria in particular and Africa general. The paper also had a deep reflection on the problem of climate change, the value and loss of biodiversity in a bid to proffering sustainable measures to curtail its menace on earth, which is, the only life sustaining planet.
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    Biotechnology Regulatory Conundrum: Balancin Innovation with oversight
    (The Journal of Sustainable Development Law and Policy, 2024) Chukwunye Augusta Ojeih
    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.
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    Building Artificial Reproductive Technology Rights within the Walls of Right to Privacy in Nigeria
    (Redeemer's University Law Journal, 2022) Akinola, Omoniyi Bukola
    Achieving reproduction through Artificial Reproductive Technology (ART) is phenomenal and a shift in the dynamics of medicine and biotechnology. All over the world ART has developed beyond leaps and bounds, thereby assisting parties who are having fertility challenges and are unable to procreate to embrace parenthood. In Nigeria, ART has been practiced over thirty years and still we do not have a legislation for its development and over these years, people have undergone several ART procedures, which was successful and some unsuccessful. Where there are liabilities of unethical procedures, most people have not been able to hold medical personnel responsible as the absence of a regulatory framework still poses as a great challenge. The research methodology adopted is doctrinal as the paper examined existing literature in this field of law. This paper while explaining ART, also considered the constitutional right to privacy for parties, as the choice of bringing to the limelight the identity of parties and their children who are born through ART should be the personal choice of the parties involved. More so, the paper analyzed the legal framework of some jurisdictions, so as to enable our legislature reflect a semblance of those laws in our own legislation for a better re-defined and regulated use of ART. The authors made some recommendations and which if put in practice, will help us in the growth and development of ART in Nigeria.