Department of Private & Property Law

Permanent URI for this community

https://ir.unilag.edu.ng/handle/123456789/3403

Browse

Browsing Department of Private & Property Law by Author "Adekile, O.M"

Now showing 1 - 4 of 4
  • Item
    Open Access
    Adekile, O., (2020) “Palm Tree Justice in Joint Ownership of Assets on Divorce at Customary Law: Assessing the Case of Toyin Arajulu v James Monday”
    (Faculty of Law, Lagos State University, Ojo, Lagos State, 2020) Adekile, O.M
    The rights of women to property on divorce remains a vexed question in Nigeria. The sub set of this is whether a woman married under Yoruba customary law can enjoy any property rights in property vested exclusively in the husband after their divorce? What would be the basis of such interests? And how would the interests of children affect those of the parents in such circumstances? Against the backdrop of a dual legal system in Nigeria, one challenge of courts is how to bring concord between customary law principles and English law principles; these at times are diametrically opposed. In Toyin Arajulu v James Monday the judge used ‘palm tree justice’ in order to achieve a fair outcome where the wife claimed beneficial interests in property vested exclusively in the husband at the time they divorced. By examining above decision and reviewing the extant legal background, the goal of this paper is to determine whether under customary law it can be said that there is an emerging precedent for equal rights of spouses to property on divorce. Consequently, the paper examines the rights of divorced spouses to property vested on one of them at the time of divorce within the ‘palm tree justice’ stated. It finds that the justice of the case is not actually tilted in favour of women; rather there are core limitations to its much acclaimed justice for women. The ‘palm tree justice’ in the case gives a watery precedent that may not stand on appeal. The paper concludes that while the desire of the court is commendable, the acclaimed gender rights validation of the case is questionable in the light of the theoretical deficiency. It underscores the need for reassessment of our customary laws towards a more robust protection of property rights in marriage and divorce.
  • Item
    Open Access
    Appraisal of Access to University Education in Nigeria
    (2017) Adekile, O.M
    This paper identifies the challenges, significance and consequences of disparities in University education opportunities, investigates the attempts of Nigeria to expand access to university education and offer concrete recommendations for widening access to university education. It focuses on gauging the challenges in matriculating and convoking, the determinants of inequities, and analysis of equity promotion policies so far adopted in Nigeria. Accordingly it calls for examination of the determinants of access, the policy frameworks and codes of practice for widening participation for underrepresented groups in university education in Nigeria drawing analogy from jurisdictions like Ghana and Tanzania, countries which have become attractive to Nigerians in pursuit of higher education. Towards this objective, the work concretizes the significance and objective of university education, the expanded meaning of access to university education, the challenges of access and the modalities for surmounting them.
  • Item
    Open Access
    A CRITIQUE OF LAWS GOVERNING UNIVERSITIES IN NIGERIA
    (2017) Adekile, O.M
    Nigeria scores low in education being described as a country with education without learning at the launching of ‘Education for All’ and scoring poorly in the 2017 Global Human Development Report with a position of 11 out of 130. Against this backdrop, and coupled with the continuous debate on university autonomy, restricting and funding, among others, the paper appraised the laws governing universities in Nigeria and their values on the core issues of university education, in particular institutional autonomy and academic freedom. The extant laws establishing some public universities were critiqued to wit, the Universities (Miscellaneous Provisions) Act No. 11 1993 as amended in 2003 (Autonomy Act) and 2012 respectively, the Education (National Minimum Standards) (Establishment) Act 2004 as well as the JAMB Act 1989. It finds that the extant legal framework has promoted undue interference in University autonomy with dire consequences on the University model in Nigeria. The overbearing role of the NUC, the government policy of tuition free university education among others were evaluated. It was concluded that these laws need to be revisited.
  • Item
    Open Access
    Occupational Safety and Health in Nigeria: National and Global Dimensions
    (Faculty of Law, UNILAG, 2018) Adekile, O.M
    This work evaluates the global values for occupational safety and health which infuse a national preventative safety and health culture involving a national policy, national system, national programme and national profile. It also discusses the domestic legal framework under the Factories Act 2004 which it finds extremely deficient in both scope and enforcement. It recommends more engaging approach to make OSH a business concern of undertakings.