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- ItemOpen 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, AKEEMThe 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.
- ItemOpen AccessADEKILE, O (2008) “Family and Dependents’ Rights to Financial Provision under the Will Statutes in Nigeria” Law and Real Property Rights in Nigeria. Essays in Honour of Prof J. A. Omotola I. O. Smith Edn. pp. 255- 276.(Department of Private and Property Law, Faculty of Law, University of Lagos, 2008) Adekile, O.The paper interrogates the provisions of the wills statutes that provide family members of a testator with the right to apply for reasonable financial provisions: it compares these Nigerian statutes with similar legislation in England. It underscores the rationale of family provision legislation: to correct inequities and exclusions in property rights; to fill the gap in the created by the absence of a matrimonial property system, the need to reduce the burden on tax payers, absence of social security, co- ownership theory, the need for spousal entitlement that was wider than maintenance and dependency. It examined the powers of the courts under the wills statutes in Nigeria and concludes that whilst the provisions perform an altruistic role, the powers of the courts should be properly articulated to avoid judicial will making and legislation.
- ItemOpen AccessAdekile, 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.MThe 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.
- ItemOpen AccessAppraisal of Access to University Education in Nigeria(2017) Adekile, O.MThis 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.
- ItemOpen AccessAn Appraisal of Finance (Miscellaneous Taxation Provisions) Bill 2004(Nigerian Journal of Legislation, 2004) SANNI, A.OThe fiscal policy measures of the 2001 Budget were geared towards improving the industrial climate and stimulating higher capacity utilisation; providing adequate protection for domestic industries against unfair competition from imports and dumping of manufactured goods; providing a level-playing field for investors in the various sectors of the economy; encouraging diversification of foreign exchange earnings through increased export activities especially in the non-oil sector; reducing operating costs and inflationary pressures; creating new jobs and reducing the upper band of the country’s tariff regime to accord with trade movement worldwide particularly within the West African sub-region. The measures proposed to achieve these goals include alleviating the tax burden on individuals and enhancing their disposable income, ensuring equitable distribution of Value Added Tax (VAT). Adjustment of tariffs on certain goods, shift from import prohibition to import restriction, export promotion, port reforms, strengthening of tax authorities and establishment of a non-oil revenue committee.
- ItemOpen AccessAn Autochthonous Constitution for Nigeria myth or reality?(University of Lagos Press, 2004) Osipitan, TIn 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.
- ItemOpen AccessBody-Type Theories and Crime Causation: A Crimino-Legal Discourse of the Offences of Robbery, Stealing and Obtaining Credit by Fraud in Nigeria(Department of Public Law and Department of Jurisprudence and International Law., 2017) Akingbehin, E.OThis paper is an appraisal of the contributions of the various schools in the development of criminological thoughts. It also entails an examination of the postulations of two body type theorists and evaluates the relevance of the theories to the selected offences of robbery, stealing and obtaining credit by fraud.
- ItemOpen AccessCapitalization of Offences in Nigeria: An Appraisal of the International Law Restrictions. Published in Journal of International Law and Jurisprudence(Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2017) Akingbehin, E.OThe paper delved on the appraisal of the various international law restrictions placed on the retentionist countries in the imposition of death sentences on capital offenders. The author appraised restrictions like non-expansion of the scope of capital punishment, non-use of retroactive legislations for capital punishment and restraint from imposing death penalty on certain vulnerable capital offenders.
- ItemOpen AccessCASE COMMENTS(The Department of Private & Property Law, Faculty of Law, University of Lagos, Akoka, Lagos Nigeria., 2004) SANNI, A.OAlthough the traditional examples of unilateral contracts are of trivial domestic nature, the concept plays a large and useful part in commercial transactions. Once a promise is classified as an offer of a unilateral contract, a number of rules apply to the acceptance of the offer. However, since the classical case of Carlill v. Carbolic Smoke Ball Co., (Carlill’scase) in 1893, there has not been any reported case on unilateral contract in Nigeria. Remarkably, the Supreme Court recently applied the concept in the case of Federal Government of Nigeria & Ors. Zebra Energy Limited. The thrust of this paper is to evaluate the case and its contributions, if any, to Nigerian jurisprudence on the Law of Contract, especially, the concept of unilateral contract. This paper is divided into five parts. Part One examines the meaning and features of a unilateral contract while Part Two focuses on the facts of the Zebra's case and the decision. Part Three is devoted to the Comments of the writer on the case while Part Four postulates on the correct analysis of the case based on established principles of the Law of Contract. The paper is concluded in Part Five. It is the view of this writer that the case was wrongly decided and therefore merely raises a false signal about the emergence of the first Nigerian case on unilateral contract. Rather, the case raises an issue on revocation of an offer made open till a specific date before the expiration of the date and not that of a unilateral contract.
- ItemOpen AccessA Centurial Legal History of Child Justice Reforms in Nigeria 1914-2014(2015) Ogunniran, I.The paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children; Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by police, the juvenile courts structure and procedure were not protective. Offenders were sent to institutions but extensive researches carried out across the country showed that the facilities for rehabilitation were non-existent at such institutions. This paper argues that the period, 2003-2014, have recorded positive improvement. The Child Rights Act (2003) introduces key reforms such as codified legal rights for children, diversion, Centralised Children Police Unit, Family Courts and two novel non-custodial disposition methods. The author recommends the implementation of the Committee on the Rights of the Child Observations to fully protect child offenders in Nigeria.
- ItemOpen AccessCHALLENGES FOR THE DEVELOPMENT OF UNFAIR CONTRACT TERMS LAW IN NIGERIA(The University of Western Australia Law Review, 2013) OYEWUNMI, A; SANNI, A.OIn October 2012, the Lagos State Law Reform Commission set in motion the machinery for the reform of the Law Reform (Contracts) Law as part of the broader objective of bringing the law of contracts in touch with the peculiar needs and challenges of modern day business transactions. One of the major areas identified as being in need of legislative intervention was the area of provision of statutory safeguards against unfair contract terms, particularly in cases involving consumer adhesion standard-form contracts that inevitably involve manifest inequality of bargaining relations between contracting parties. This paper examines developments leading to the convergence of judicial and legislative efforts in favour of the rule of law approach and evaluates the challenges for the protection of consumer rights in Nigeria.
- ItemOpen AccessCHARACTER EVIDENCE(Sibon Books Limited, Ibadan., 2001) SANNI, A.OThis chapter examines the extent which evidence may be adduced on the character of a party in civil and criminal cases. It attempts to address issues such as: what is character evidence, in what circumstances is such evidence relevant? Does a trial judge have a discretionary power to admit or, disallow the adduction of character evidence? If yes, what is the extent of such a power? What is the obligation of a counsel and prosecution to guard against the adduction of character evidence? In our discussion of these issues, we shall focus as much as possible on Nigerian cases and statutory provisions in order to determine the law and practice on this subject in Nigeria. Character evidence is specie of evidence of previous misconduct. Whatever form the evidence takes, it is affected by exclusionary rules. However, care must be taken to distinguish between the rules that regulate the admissibility of character evidence and similar fact evidence and possibly also the rationale for their admissibility. It suffices to say that the provisions of sections 67-72 and section 160(1-)(d) of the Evidence Act mainly govern character evidence in Nigeria. The word "character" is used no less than fifteen times in these provisions. In Stirlandv D.P.P. Lord Simon L.C. said: "There is perhaps some vagueness in the use of the term 'good character' in this connection. Does it refer to the good reputation which a man may bear in his own circle, or does it refer to the man's real disposition as distinct from what his friends and neighbour may think of him? Against the background of the above statement, it will be appropriate at this stage to consider the meaning of "character" within the provisions of the Act.
- ItemOpen AccessThe 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. .
- ItemOpen AccessCombating Election Malpractices and Promoting Democratization in Nigeria: The Role of the Police(British Journal Publishing, Inc., 2012-08) Akingbehin, E.OThe 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.
- ItemOpen AccessCombating the Menace of Armed Robbery in Nigeria: Legal and Criminological Perspectives(College of Law, Redeemer’s University, Ede, Nigeria., 2019) Akingbehin, E.OThe paper delved on the appraisal of the typology of the armed robbery offence. It also entails the analysis of the pattern, trend and distribution of the offence in Lagos State together with the aetiology of armed robbery offence.
- ItemOpen AccessCOMPANY SECURITIES: LAW & PRACTICE(University of Lagos Press and Bookshop Ltd, 2005-02-10) Abugu, J. E.This ten (10) chapter book discusses the law of company securities in Nigeria. Its a first edition. It includes eight Appendices comprising draft specimen of public offer documents, the Rules and Regulations of the Securities and Exchange Commission as well as the Stock Exchange Rules and Listing Requirements. The book has been described as a creative legal analysis of the law and practice of the capital market in Nigeria; a compendium of securities laws for students and practitioners.
- ItemOpen AccessCOMPANY SECURITIES: LAW & PRACTICE(MIJ Professional Publishers Limited, 2014-09-01) Abugu, J. E.This 17 Chapter book is the second edition of an earlier edition published in 2005, the stated object was to develop a compendium of securities law in Nigeria for students and practitioners of the subject and thereby provide some specialized instruction in this area. A lot has happened since that pioneer work. Notably, the Investment and Securities Act 1999 was reviewed barely two years after and was replaced with the Investment and Securities Act 2007. Secondly, the Rules and Regulations of the Securities and Exchange Commission have continuously been revised and supplemented in reaction to innovations and developments in the securities market. Thirdly, a spate of fund raising from the capital market by State governments have also deepened the securities market and raised its consciousness politically and economically. Fourthly, the capital market crash of 2008 revealed several weaknesses in the regulatory framework of the securities markets, among others. This second edition is designed to further deepen available literature on securities law and strengthen the case for its inclusion in the course curricula of our Universities. Changes in the law since 2007 are brought up to date. The result is an enlarge work of seventeen chapters. New chapters dealing with Professional Due Diligence; Broker/Dealer regulations and regulation of capital market operators will no doubt be of great interest to students and practitioners.
- ItemRestrictedConstitutional Entrenchment of the Land Use Act- An Argument for Excision(Department of Private And Property Law, Faculty of Law, University of Lagos, 2003) BELLO, AKEEMThe 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.
- ItemOpen AccessConstitutional limit of entrapment as a method of crime detection in Nigeria(Nigerian Institute of Advanced Legal Studies, Lagos, 2012) Akintayo, A.EA comparative analysis of the limits and constitutionality of entrapment as a method of investigation and detection of crime under the 1999 Constitution of Nigeria
- ItemOpen AccessCONTEMPORARY LEGAL ISSUES IN GOVERNMENT BUDGETING(Total Communication Ventures, Lagos., 2009) SANNI, A.OThis paper discusses some of the fundamental legal issues relating to the current attempt to reform the budget process in Nigeria. the focus is on the federal budget process for obvious reasons. the federal budget is the major driver of the country's economy because of the huge revenue available to the federal government and also the most controversial because of multi-part nature of the national Assembly government. The problem is even worse at the state and local government levels.