Department of Private and Property Law

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    Rudiments of Nigerian Law
    (NOLCO PUBLISHING HOUSE, 2008) Olayinka, Olaniyi Felix
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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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    The Impact of the Supreme Court of Nigeria’s Judgment in Garba & Others v University of Maiduguri & others on the Disciplinary Powers of Nigerian Universities
    (Faculty of Law Rivers State University of Science and Technology, Port Harcourt, Nigeria,, 2016) Olayinka, Olaniyi Felix
    In Garba v University of Maiduguri, the Nigerian Supreme Court was invited to interpret the provisions of section 33(1)(4) of the 1979 Nigerian Constitution. Therein the court established the principle of law to the effect that domestic tribunal of a university lacks the jurisdiction to enforce discipline on its campus where such an act of misconduct has criminal elements in it. The paper argues that this decision robs the universities of their deserved disciplinary autonomy and has the tendency of hampering the universities’ autonomy relevant to realise their teaching and research objectives. The paper observes that some other courts consequently adopted principles of interpretation such as the residual, the liberal, and the pragmatic rules of interpretation of the Constitution in a bid to restore disciplinary autonomy of the universities. This article submits that the application of rules of interpretation other than the literal rule, which the Court applied in Garba, assures of the desired disciplinary autonomy, which also assures the realisation of the objectives of the universities.
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    ‘The COVID-19 Pandemic and Education during a State of Emergency ’:
    (Southern African Public Law, 2022) Olayinka, Olaniyi Felix
    The COVID-19 outbreak necessitated UNESCO’s declaration of a state of emergency regarding education. The physical and social distancing approach to curb the spread of the virus made way for the adoption of distance learning, which was meant to be inclusive. This article examines conceptual and historical perspectives to determine whether distance education was adequate towards acting in the best interests of the child with disabilities. The needs of disabled children may vary and ‘a one size fits all’ approach cannot always satisfy these, especially not in an environment where social barriers exist. During the state of emergency, it was expected that the Nigerian government would provide an environment where children with disabilities received the desired support. The article also seeks to establish whether children with disabilities had access to digital and mass communication devices to connect them to distance education and also if the state of infrastructure was satisfactory in coping with the obligations of the government towards inclusive education before and after the pandemic, especially under COVID-19 distance education. Furthermore, the article will focus on the level of tolerance and co-existence between able-bodied children and those with disabilities, comparing the pre- and post-COVID-19 eras. It investigates whether inclusive education and peaceful co-existence could be achieved by adopting indigenous languages in schools and having recourse to African legal tradition.