Department of Public Law

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    Human Trafficking In West Africa: an assessment Of the implementation of international and regional normative standards
    (The Age of Human Rights Journal, 2022-12-19) Idowu, Oladimeji
    It is now over 20 years since the Palermo Protocol was adopted as a global mobilisation tool to combat human trafficking. Although the Palermo Protocol has been widely ratified by all 15 states in West Africa, the implementation of the instrument in the sub-region remains unclear. Also, beyond the Palermo Protocol, a systematic assessment of other anti-trafficking mechanisms available in West Africa is non-existent. Thus, this study has two core objectives: the first is to chronicle the key anti-trafficking instruments and their relevance in West Africa, while the second aspect engages with the manner in which those norms are translated at the domestic level in three West African countries namely, Ghana, Nigeria and Senegal. The study finds that human trafficking has remained resilient both at sub-regional and domestic levels despite the legal efforts to end it. Relevant trends and implementation deficits are identified across the three states, while recommendations are offered for effective anti-trafficking governance.
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    The Supreme Court of Nigeria and the Stains of Justice by Technicalities: why APC v Machina is wrong
    (Redeemer’s University Nigeria, Journal of Jurisprudence & International Law (RUNJJIL), 2023) Idowu, Oladimeji
    This study appraises the case of APC v Machina which was decided by the Supreme Court of Nigeria on Monday 6th February 2023 on grounds of technicalities. In this case, the court seems to have exhumed the corpse of age-long Blackstone and clung to the medieval practice of forms rather than the substance. Many questions and controversies with conflicting thoughts and opinions have since greeted the said decision. Regrettably, the imbroglio generated has cast doubts on the judiciary as the last hope of the common man and has questioned its stance on the interest of justice. This study, therefore, examines the apex court’s decision in a bid to amplify the correct application of the principles of technical and substantial justice in the dispensation of justice in the Nigerian legal system. The study adopts the doctrinal research method of examining several documents, including law reports, statutes, law texts, and journals articles. The central argument is that technical justice is no justice at all as there can be no true justice unless the substance of a matter is examined.
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    The EU-ACP Economic Partnership Agreements (EPAs): key challenges and development opportunities for Nigeria
    (Redeemer's University Law Journal. (RUNLAWJ ), 2018) Idowu, Oladimeji
    This paper presents findings of a study on trade relationship between the African, Caribbean and Pacific (ACP) group of countries' and EuropeanUnion (EU). The analysis focuses on the challenges and opportunities for the Nigerian economy should the country decides to lead other members of the ECOWAS bloc2 to ratify and implement the Economic Partnership Agreement (EPA)which seeks to alter the long standing non reciprocal arrangements that have existed between the two trading partners under the initial Lome Convention. The paper seeks to increase the understanding of the main issues at stake in the negotiations in order to enablepolicy-makers and government representatives make informed decisions whennegotiating the EPAs. The ultimate aim of this paper is to articulate those principles and strategies that should guide Nigeria in leading other ECOWAS countries in the negotiation process to secure a development-focused EPA. The paper is structured into six sections: the first section provides a historical development of the emergence of EPAs; the second section analyzes the basic principles in EPA negotiations; the third section appraises the Legal framework for EPAs; the fourth section focuses on the implications of the EPA for Nigeria; the Key Challenges are examined in section five. In section six, the paper discusses the possible opportunities while section seven recommends strategies for ensuring a development-oriented EPA.
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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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    An Examination of Issues, Challenges in Electronic Commerce and Consumers Protection in Nigeria
    (Obafemi Awolowo University Law Journal, 2019) Idowu, Oladimeji
    The growth in the Information and Communications Technology (ICT) sector has led to radical departure from orthodox system of transacting business which often requires the physical presence of buyers and sellers as provided for in the Sale of Goods Act 1893, a Statue of General Application in Nigeria. This aspect of commerce is well protected unlike the emerging e-commerce with no sufficient legal and institutional frameworks as obtainable in developed countries. There is no adequate protection for e-consumers from various hazards encountered in the course of business transactions. This study therefore examines the Consumer Protection Council Act (CPC) which is the major legislation that directly protects consumers in business transaction. The research reveals the inadequacies of existing laws in the protection of consumers transacting businesses online or digitally. Thus, the study further examines the Federal Competition and Consumers Protection Act 2019 (FCCPA). It prospects and gap. The study concludes and recommends ways in which the Government, policy makers, online traders and buyers can adopt and apply international best practices in electronic commerce transactions.