Department of Public Law

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    Open Access
    (1997) “A Comparative Analysis of the African and European Systems for the Protection of Human Rights
    (Faculty of Law, Ogun State University, 1997) BELLO, AKEEM
    The paper undertook a comparative analysis of the scope of human rights and enforcement mechanisms under the African and European Systems for the protection of human rights. The paper revealed that the European System for the protection of Human rights affords a better platform for human rights protection compared to the African system and recommends the adoption of measures to strengthen the protection of human rights under the African System.
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    Open Access
    Public Law Perspectives on the Rights of Women in Nigeria
    (Fourth Dimension Publishers, 2002) Osipitan, T
    This book chapter examines some of the rights available to women under Nigerian law. The issues examined in the chapter reveal the existence of some gender sensitive constitutional and statutory provisions aimed at correcting institutional imbalances.
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    Open Access
    The Defence of Bona fide Claim of Right in Nigeria – An Appraisal
    (University of Ado Ekiti, NIgeria, 2003) BELLO, AKEEM
    The paper reviewed the defence of Bona Fide Claim of Right under section 23 of the Criminal Code. The paper identified some problems which have arisen in the interpretation and application of the provisions in some decided cases. The paper recommends an amendment to section 23 that incorporates references to other applicable provisions of the Code and places additional limitations on the exercise of the defence of claim of right.
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    Constitutional Entrenchment of the Land Use Act- An Argument for Excision
    (Department of Private And Property Law, Faculty of Law, University of Lagos, 2003) BELLO, AKEEM
    The paper interrogates the purpose of the Land Use Act, the justification for entrenching the Act and conferring on it a special status under the Constitution. The paper demonstrated the problems caused by the constitutional entrenchment of the Act and established the justifications for excising the Act from the Constitution.
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    Protecting the Interest of Nigerian Citizens in Cameroonian Territories After the Decision of the ICJ on the Land and Maritime Boundary Dispute Between Cameroon and Nigeria
    (Faculty of Law, University of Ado Ekiti, 2004) BELLO, AKEEM
    The paper reviewed the judgment of the International Court of Justice between Cameroon and Nigeria which declared Cameroonian sovereignty over the Bakassi Peninsula. After exhaustive review of international law rules governing the status of Nigerians living in the Peninsula, the paper charts the options available to the Nigerian Government to effectively protect the interest of Nigerian who have by virtue of the judgment became an alien in the land of their birth.
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    Open Access
    An Autochthonous Constitution for Nigeria myth or reality?
    (University of Lagos Press, 2004) Osipitan, T
    In this inaugural lecture, Distinguished Professor Taiwo Osipitan, SAN, advocates for an homegrown constitution for the Federal Republic of Nigeria to cater to the specific needs of the various tribes/groups in the Country.
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    Open Access
    Safeguarding Judicial Independence under the 1999 Constitution
    (2004) Osipitan, T
    This book chapter examines the role of the judiciary in guaranteeing Nigeria's constitutional democracy and proposes pragmatic steps towards safeguarding the judiciary's independence.
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    Problems of proof under the Electoral Act 2002
    (2005) Osipitan, T
    This book chapter examines issues on the law of evidence which are likely to emerge from election petitions.
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    The search for legitimacy of the 1999 Constitution.
    (Jericho Publishers, 2006) Osipitan, T
    This book chapter tests the correctness or otherwise of the criticism of the 1999 Constitution with respect to its legitimacy.
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    The Child Rights Act Versus Sharia Law in Nigeria: issues, Challenges and A Way Forward
    (Children Legal Rights Journal, 2010) Ogunniran, I.
    After dilly-dally for over ten years, Nigeria finally enacted the Child Rights Act (CRA) in 2003. Being a federal state, it is imperative for the various states to adopt and enact the CRA. However, sequel to the adoption of CRA by some states, the Supreme Council of Sharia asserted that “CRA will abolish the very basis and essence of the sharia and Islamic culture” and therefore called for its absolute rejection. In reality, there are fundamental differences in the philosophical underpinning and several provisions of the CRA and Sharia. For example, provisions of CRA in respect of adoption, marriage, custody, family court etc are fundamentally different from Islamic personal law. Moreover, the child oriented justice approach of CRA in respect of children in conflict with the law is contrary to the Sharia criminal law in which both adults and children can be subjected to stiff punishment and penalties including death penalty. Consequently, up till now, the CRA has been formally adopted by just one state out of the twelve Sharia implementing states. Meanwhile, opposition by the others is mounting by the day. This paper attempts a reconciliation of both legal regimes in order to ensure that even these Sharia states which constitute about one-third of the states in the country benefit from the lofty objectives of CRA. .
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    The Search for Credible Elections in Nigeria. Electoral Laws and Functional Education in Contemporary Issues in Nigerian Legal Landscape.
    (Lex Vision Publishers, 2010) Osipitan, T
    This book chapter lays out a roadmap for the conduct of credible elections in Nigeria.
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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
    Exemption of the Vulnerables from Capital Punishment in Nigeria: Expanding the Frontiers
    (British Journal Publishing, Inc., 2012-07) Akingbehin, E.O
    The Article discusses the range of exemptions of the vulnerables from capital punishment under the Nigerian Law as it applies to the juveniles, pregnant women and the insane persons. It also delves on a comparative overview through the statutes and case law.
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    Combating Election Malpractices and Promoting Democratization in Nigeria: The Role of the Police
    (British Journal Publishing, Inc., 2012-08) Akingbehin, E.O
    The paper entails the analysis of the typology of electoral malpractices in Nigeria. It also critically appraises the role of the police in combating electoral malpractices, thereby exposing the instances of police condemnable attitudes, through a line of decided cases.
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    “What is Wrong with Bribery? A comparative Analysis of United Kingdom and Nigerian Anti-Bribery Statutes”
    (Routledge Taylor and Francis Group, 2013) BELLO, AKEEM
    The article appraises the various approaches to conceptualizing the wrong in bribery adopting a comparative analysis of the UK Bribery Act 2010 (UK Act) and Nigerian anti-bribery statutes. The article found that the definition of the offence of bribery under the UK Act best captures what is wrong with bribery and should form a platform to reform Nigerian anti-bribery laws. The paper also found that the articulation of what is wrong with bribery also provides a tool to understand what is wrong with other manifestations of corruption.
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    Open Access
    Harbinger of Conflicts or Building Blocks for Consensus? An Evaluation of the Practice of Separation of Powers under the 1999 Constitution
    (Department of Public Law, Faculty of Law, University of Lagos, Nigeria, 2013) BELLO, AKEEM
    The paper examined the theory and practice of separation of powers under the Constitution of the Federal Republic of Nigeria 1999. The various conflicts that have emerged in the practice of separation of powers in Nigeria and the role of the three arms of Government in generating and resolving the conflicts were examined. The paper finds that while the practice of separation of powers generated conflicts, it provided the building blocks for achieving consensus between the Legislature and the Executive arms. The building of consensus precludes arbitrariness and promotes good governance.
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    Criminal Law in Nigeria in the last 53 Years: Trends and Prospects for the Future
    (University of Danubius, 2013) BELLO, AKEEM
    The article examined developments in substantive criminal law in Nigeria over a period of 53 years against the background of the sharing of legislative powers to enact criminal laws between the federal and state governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. The paper noted common trends in the development of criminal laws and the fact that state criminal laws have generally failed to respond to emerging issues at the state level. The paper identified criminal law issues that States and the Federal Government should address.
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    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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    Gift-Giving, Anti-Bribery Laws and the Nigerian Constitution: Matters Arising
    (Cambridge University Press, 2014) BELLO, AKEEM
    The article examines the culture of gift-giving against the background of anti-bribery laws, which preclude gift-giving in certain contexts, and the Code of Conduct for Public Officers which allows gift-giving in other contexts. It identifies what is wrong with bribery and uses this to distinguish between bribery and socio-cultural gift-giving practices in Nigeria. The article finds that the Code of Conduct for Public Officers, which allows public officers to receive gifts from relatives and personal friends on occasions recognized by custom, dilutes the constitutional objective to eradicate corruption and recommends their removal
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    Elusive Justice? An Assessment of Child Justice in the Tripartite Court System in Nigeria
    (AUDJ, 2014) Ogunniran, I.
    There are three courts with different theoretical underpinning administering child justice in Nigeria. The Juvenile Court is premised on the rehabilitative ideal but researches have shown that the apparatus to fulfill this ideal is non-existent. The Sharia Court composition is radically different and the procedure used in such courts follow strict Islamic legal precepts. Invariably, child offenders are not given adequate protection guaranteeing justice. This article assesses child justice in these courts to determine the extent of protection of child offenders. They are young, immature and very vulnerable. Over the years, various studies have demonstrated the need for change in the above courts. Based on law, the article examines the provisions creating the new Family Courts. These provisions accord with international juvenile justice standards established to grant justice to such offenders. The Family Court, just as it is being used for several purposes in other jurisdictions, is a recent development in Nigeria. This article assesses the structure and procedure of this new court and proposes it as being best suited for child offenders