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
    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
    Body-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.O
    This 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.
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    Open Access
    Capitalization 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.O
    The 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.
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    Open Access
    A 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.
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    Open Access
    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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    Open Access
    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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    Open Access
    Combating the Menace of Armed Robbery in Nigeria: Legal and Criminological Perspectives
    (College of Law, Redeemer’s University, Ede, Nigeria., 2019) Akingbehin, E.O
    The 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.
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    Restricted
    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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    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
    Criminal Jurisdiction of Magistrate Courts on Tax Matters in Lagos State: A Pragmatic Approach. Published in Journal of Commercial and Property Law
    (Department of Commercial and Property Law, Nnamdi Azikiwe University, Awka, Nigeria., 2017-06) Akingbehin, E.O
    This paper identified the pedestal upon which the criminal jurisdiction of a magistrate is predicated. It also embarks on the prosecutorial power, service of proceedings as it relates to tax matters with the evaluation of the efficacy or otherwise of the available penal sanctions in the personal income Tax Act
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    Restricted
    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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    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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    Open Access
    Economic and Financial Crimes Commission (Enforcement) Regulations 2010: An Evaluation
    (Department of Jurisprudence and International Law, Faculty of Law, University of Lagos, Nigeria, 2015) BELLO, AKEEM
    The article inquires into whether the provisions of the Economic and Financial Crimes Commission (Enforcement) Regulations 2010 are within the scope of the rulemaking powers vested in the Attorney General of the Federation under section 43 of the Economic and Financial Crimes Commission (Establishment) Act 2004. The appraisal was undertaken against the perception that the Regulations might have been introduced to erode the prosecutorial autonomy of the Economic and Financial Crimes Commission. The article found that the Regulations were introduced against the background of sentences imposed by courts in cases involving former political office holders pursuant to plea bargain agreements. The article also found that all the provisions of the Regulations are within the scope of the rulemaking powers under section 43, with the exception of Regulations 16, 18(1) and 21. The article further found that Regulations 22 governing the practice of plea bargaining is covered by section 43. The article submitted that an effective use of Regulations 22 offers tremendous opportunity to the Attorney General of the Federation to decline approving plea bargain agreements considered to be against public interest.
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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
    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
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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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    Open Access
    The Freedom of Information Act 2011: an unwieldy piece of legislation for the Nigerian courts?
    (Routledge, 2016) Ogunniran, I.
    Nigeria joined the trend present in other democratic nations by enacting the Freedom of Information Act (FOIA) in 2011. Now just five years old, the law intends to promote openness and transparency by making public records and information freely available to the people as part of a good governance regime. As the law provides for judicial review, torrents of applications are now before the courts. The paper analyses the FOIA against the backdrop of these decisions. In addition, this article argues that some sections of the law are clumsy and may prevent its effective use. The paper proposes law reforms to clear the ambiguity in the court cases and an amendment of the unwieldy sections. It recommends change in the internal culture of government to openness, acceptance by public institutions and willingness on the part of the judges to implement it as critical factors for FIOA success.
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    Open Access
    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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    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.