Public Law-Scholarly Publications

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Browsing Public Law-Scholarly Publications by Author "Akintayo, A.E"

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    Open Access
    Constitutional limit of entrapment as a method of crime detection in Nigeria
    (Nigerian Institute of Advanced Legal Studies, Lagos, 2012) Akintayo, A.E
    A comparative analysis of the limits and constitutionality of entrapment as a method of investigation and detection of crime under the 1999 Constitution of Nigeria
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    Open Access
    Economic Diversification in the Context of a Constitutional Right to Happiness: Implications for Law and Policy Initiatives
    (UNILAG Journal of Humanities, 2017) Akintayo, A.E
    Nigeria’s oil resources have been more of a curse than a blessing. This has given rise to the need and current efforts to diversify the Nigerian economic base from over reliance on oil for a more stable and sustainable economic development. Diversification of the Nigerian economy is however a process that cannot but take place in contexts and one of the requisite contexts is the constitutional and the legal one. Nigeria’s constitutional and legal frameworks and economic initiatives and policies, however, present a contrast and a contradiction. While the economic policies and initiatives are neo-liberal in form and character, they are underpinned by a constitution with a social democratic orientation. One of the core norms of Nigeria’s social democratic oriented constitution is the constitutional right to happiness. This article highlights the contradiction inherent in Nigeria’s social democratic oriented constitutional framework vis-a-vis the economic policies and initiatives. It also interrogates the implications of a right to happiness as a core value of Nigeria’s social democratic oriented constitution on the economic diversification laws and policies of Nigeria. The clear articulation of the constitutional context(s) within which the diversification of the Nigerian economy is to take place has become important at this time because of the apparent disconnect between the vision of the Nigerian Constitution and the aims and objectives of current economic reforms. It is hoped that a clear exposition of the requisite constitutional context(s) will bring about the much needed focus and direction in the formulation and execution of people oriented and people focussed policies and laws for sustainable economic reforms.
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    Open Access
    A good thing from Nazareth? Stemming the tide of neo-liberalism against socio-economic rights: Lessons from the Nigerian case of Bamidele Aturu v Minister of Petroleum Resources and Others
    (Community Law Centre, University of Western Cape, 2014) Akintayo, A.E
    The paper examined the impact of the neo-liberal posture of the South African Constitutional Court on the realisation of socio-economic rights in South Africa and articulates the lessons South African courts can learn from a Nigerian High Court decision in the case of Bamidele Aturu v Minister of Petroleum Resources and Others in stemming the tide of neo-liberalism against socio-economic rights in the country.
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    Open Access
    LEGAL TREATMENT OF POLITICALLY EXPOSED PERSONS ORGANISED CRIME AND DRUG LORDS IN NIGERIA: STATUS QUO OR REFORM?
    (Department of Jurisprudence and International Law, Faculty of Law, University of Lagos, 2015) Akintayo, A.E
    The paper examines from a comparative perspective the law and procedure of civil forfeiture of assets approach to combatting serious crimes and corruption of politically exposed persons and the compatibility of such an approach with the Constitution of the Federal Republic of Nigeria, 1999 as amended and makes necessary recommendation for the operationalisation of the approach within Nigeria's constitutional framework.
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    Open Access
    Planning law versus the right of the poor to adequate housing: A progressive assessment of the Lagos State of Nigeria’s Urban and Regional Planning and Development Law of 2010
    (African Human Rights Law Journal, 2014) Akintayo, A.E
    The notion of the neutral application of law is the very foundation of liberal societies, in spite of the fact that this notion has been debunked as a myth by a large body of scholarship. This notion continues to pervade liberal societies, operates discriminately against the poor and less privileged members of society and impedes poverty reduction efforts. The article demonstrates the exclusionary and discriminatory operation and impact of the myth of the neutral application of law on the right of the poor to adequate housing through a progressive assessment of the Lagos State of Nigeria’s Urban and Regional Planning and Development Law, 2010, a supposedly neutral planning statute. It concludes that, for the fight against poverty to make any headway in Africa, poverty reduction must continually be mainstreamed. There must constantly be a pro-poor approach to laws and policies.
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    Open Access
    The right to work in the legal profession: An analysis of the Supreme Court of Nigeria decision in Senator Bello Sarakin and Another v Senator Atiku Abubakar Bagudu and Others
    (Department of Public Law, Faculty of Law, University of Lagos, 2016) Akintayo, A.E
    The article examines the compliance of Rule 10 of Legal Practitioners’ Rule of Professional Conduct and the jurisprudence interpreting it with the right to work in the Nigerian Constitution and the African Charter on Human and Peoples’ Rights
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    Open Access
    The rights to life, health and development: The Ebola virus and Nigeria
    (African Human Rights Law Journal, 2017) Akintayo, A.E
    The Ebola virus disease outbreak in West Africa which started in Guinea in December 2013, as confirmed by the World Health Organisation in March 2014, was reported to have killed approximately 11 310 people in Guinea, Liberia and Sierra Leone between December 2013 and March 2016. On 20 July 2014, the virus was imported into Nigeria through an infected Liberian-American citizen who had travelled from Liberia to Nigeria, arriving at the Murtala Mohammed International Airport in Lagos. The article examines the duty of the Nigerian government to protect Nigerian citizens from contracting and dying from Ebola by ensuring, in practical terms, that the right to life of every Nigerian, as enshrined in section 33 of the Constitution of the Federal Republic of Nigeria 1999, is protected. Furthermore, it is argued that the Nigerian government owes a duty of care to its citizens to a level that ultimately ought to enable each Nigerian to enjoy adequate medical services and infrastructural development in the healthcare sector. This duty of care can be traced to article 22 of the African Charter on Human and Peoples’ Rights which confers a legally-binding right to development on African peoples. The article examines the justiciability of these rights under domestic and international law and identifies the potential legal liability of the Nigerian government, as well as the possible remedies available to the relatives of victims of the virus in Nigeria in the event of such liability. More broadly, the authors use Ebola to explore the notion of ‘pragmatic development’ – and ask what this means (or ought to mean) in a contemporary African context, within Nigeria’s socio-economic rights framework, and the role that international human rights law can play in helping to solve Nigeria’s chronic healthcare services and infrastructural deficit.