Department of Jurisprudence and Public Law

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ABERRATIONS OF CONSTITUTIONAL PROVISIONS TO GOOD GOVERNANCE AND SOCIO-ECONOMIC DEVELOPMENT IN LOCAL GOVERNMENT OF NIGERIA.
(Al-Hikmah University Journal of Public and International law (AUJPIL) Vol. 1(1).125-140 Published by Al-Hikmah University Public and International Law Department, Ilorin, Nigeria., 2017) Ayinla-Ahmad Bilikis Ph.D*; HANAFI A. HAMMED, Ph.D*; MARYAM BAYERO-JIMOH; ADIO SALIU WAHAB, Ph.D
The study seek to examine the effects and aberrations of Constitutional provisions to the effectiveness of local government as the third tier of in the local government administration. The study relied on primary Federal Republic of Nigeria, textbooks, journals, newspaper and internet. The study revealed that the constitutional provisions relating to local government have wreck serious havoc to the effectiveness of local government as the tier of government in Nigeria. The study therefore recommended that the Constitution should grant the Local Government the rights to conduct their own affairs ranging from conducting elections into the local governments, disbursement of allocations and other funds accruable to them from the Federation Account. Henceforth, local governments should be receiving their revenue allocation directly from the federal account and that the Joint State Local Government Accounts should be abolished. Human rights issues should be integral to development and there is need to strengthen the existing human rights initiatives and institutions that will have direct bearing on local people. Also local government must contained in. the New Partnership for Africa's Development/African Peer Review Mechanism declaration on democracy and good governance.
An Appraisal of Organ Transplant Legality and its acceptability: The Medical and Islamic Law Perspectives Revisited
(UNIVERSITY OF MAIDUGURI UNIVERSITY OF MAIDUGURI JOURNAL OF ISLAMIC AND COMPARATIVE LAWS VOLUME 4, No. 1. DECEMBER 2019, 2019) Ayinla-Ahmad Bilikis Ph.D*; Ayinla Lukman; AbdulRasaq F.F; Ibraheem-Gambari Ahmad
In contemporary days and as a result of advancement in science and technology, greater achievements and landmark breakthroughs have been made in medicine, particularly in the area of organ transplant to save precious life in deserving cases. Notwithstanding the success recorded, a lot of concern have been raised medically, religiously, morally and ethically as to the legality or otherwise of organ transplant. One other concern is in the area of illegal organ harvest that had shrouded the transparency of organ transplant; and by necessary implication, begging for lasting solution for the preservation of human life. This paper thus adopts the doctrinal method to provide answer to some of the questions raised while at the same time adopts analytical and comparative analysis in answering the questions on issues in organ transplant. The focus of the paper is on organ transplantation legality and its acceptability from the medical and Islamic perspectives, it is found that as useful and life saving organ transplant is, it must be done in conformity with the laid down conditions stipulated under Islamic Law, Medical ethics and other laws to avoid commercialization / trade in organ or illegal harvest of human parts/organs. Ultimately organ transplant must be done in such a lawful way to be in consonance with the objectives of Islamic law (Maqasid al-Shariah)
AN APPRAISAL OF THE NEXUS AND DISPARITIES BETWEEN ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
(NAUJILJ 8 (1) 2017, 2017) Ayinla-Ahmad Bilikis Ph.D*
Abstract Peaceful resolution of disputes through ADR mechanisms now seems to be the emerging trend. Globally ADR had since been accepted as a viable and veritable means of resolving disputes. However, there have been various arguments and controversies on what constitute ADR and whether it includes Arbitration. In Nigeria for example when ADR is mentioned the general perception and understanding of an average person is reference to Arbitration. Thus, this paper adopts the narrative as well as the comparative analysis to interrogate some perspectives to espouse the nexus, disparities and ultimately determine whether Arbitration is part and parcel of ADR or not. The paper shows and found that both mechanisms are geared toward peaceful and harmonious settlement of disputes.
An Assessment of Administration of Criminal Justice Process in the Magistrate Court
(Published in Al-Hikmah University Law Journal Vol. 5 No 2, Pg. 91-130, 2024) Ayinla-Ahmad Bilikis Ph.D*
In Nigeria the magistrate court handle most of criminal offences particularly the noncapital offences, Magistrate Courts as held in the case of Nuruku v. Police(1955)15W.A.C.A 23. Osasona describes Magistrate Court as the most important courts in terms of criminal justice administration because more than 90% of criminal cases commence in the court and 80% or more of those cases terminate at Magistrate Court level. This paper presents the process of administration of criminal Justice in the Magistrate Courts. It examines the process of administering criminal justice in the Magistrate Court and its challenges. The criminal justice process involves several stages which include arraignment, trial and discharge where no case submission is upheld. However, where no case submission is rejected, it goes to defense, address, conviction and sentencing if the defendant is found guilty. Where he is not found guilty, the defendant is discharged and acquitted. The paper examines the various processes by considering it in stages. The stages is broadly categorised into three; Pre-Trial Stage, Trial Stage and Post-Trial Stage.
Applicability of Alternative Dispute Resolution and Plea Bargaining in the Nigerian Criminal Justice System
(AFRICA NAZARENE UNIVERSITY LAW JOURNAL, 2014) Ayinla-Ahmad Bilikis Ph.D*; LA Ayinla,; GH Olusola
This article discusses the applicability of two 'informal' approaches to the resolution of conflict: alternative dispute resolution (ADR) and plea bargaining. More particularly, the article examines the relevance of these two approaches to the Nigerian criminal justice system. Widely used as a means of resolving civil disputes, ADR also has a role to play in the achievement of criminal justice. The article examines this role in some detail. Attention is also given to plea bargaining in the context of the country's criminal justice framework. The article proposes that the parties to a criminal dispute, and society at large, might benefit from a more extensive use of plea bargaining, which remains underdeveloped in Nigeria.
Competency of a Witness: The Common and Islamic Law Perspectives
(Published in Confluence Journal of Jurisprudence and International Law. A Publication of the Department of Jurisprudence and International Law Faculty of Law, Kogi State University, Anyigba Vol. 3 No. 2, 2010, pp. 68-76., 2010) Ayinla-Ahmad Bilikis Ph.D*
Witness is a very important personality in any legal proceedings due to thefact that it is upon the evidence or testimony of such witness that the just decisionof the case rests. Administrations of justice rests solely on the weighing ofevidences adduced by the various witnesses before the court and as such,litigantsor parties are to ensure that they produce witnesses whose evidence will befavourable to their respective causes. However, the laws have regulated the mode of adducing evidence or way of calling witnesses in Court, As such; we have the concept of competency of witness. Generally, by the provision of section 155 of the evidence Act, All persons shall be competent to testify, unless the court consider that they are prevented from understanding the questions put to them, or from giving material answers to those questions by reason of tender years, extreme old age, disease whether of the body or mind or any other cause of the same kind
DOMICILE AND THE DETERMINATION OF PERSONAL LAW: A CRITIQUE
(The Journal of International and Comparative Law Vol. 7, June 2013 A Publication of the Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin, pp. 102-124., 2013) Ayinla-Ahmad Bilikis Ph.D*
Abstract Domicile is one of the foreign concepts of law received into the Nigerian legal system through the colonial nexus that existed with England. This concept has been subjected to various reforms in its country of origin to meet the societal needs and attain its ultimate aims which is justice. The same cannot be said of Nigeria which still sticks to the old concept as holistically received from England. Although, i is not in doubt that the application of the doctrine of domicile has been successful in addressing the personal law issues in Nigeria, it is not clear whether the application has been able to meet the yawning and expectations of the people and ultimately attain social justice. It is on this consideration that this article is premised on examining the applications of the doctrine of domicile under the Nigeria legal system as an instrument of social justice.
EVALUATING THE ROLE OF PERSONNEL IN THE ADMINISTRATION OF CRIMINAL JUSTICE AT THE MAGISTRATE COURT
(Published in Al-Hikmah University Law Journal Vol. 4 No 1, Pg. 150-171, 2023) Ayinla-Ahmad Bilikis Ph.D*
The Magistrate Court is a crucial arm of the judiciary, which is established across the thirty-six states of Nigeria. Its primary role is to administer justice that is fair; humane, and speedy, thereby bringing justice closer to the common man. Despite its noble intentions, there are concerns about the effectiveness of the Magistrate Court in delivering justice within a reasonable time, as stipulated in section 36 (4) of the1999 Constitution of the Federal Republic of Nigeria. The administration of criminal justice in these courts is often fraught with challenges that impede their ability to function optimally. This paper aims to critically examine the role of personnel in the administration of criminal justice in the Magistrate Court. It seeks to identify the challenges that face the court's effectiveness in the administration of criminal justice. The paper finds that the magistrate court is a crucial arm of the judiciary with regard to the administration of criminal justice in Nigeria, albeit the challenges that face its effectiveness. Based on the findings, this paper provides recommendations on how to enhance the effectiveness of the Magistrate Court. In essence, this paper underscores the need for continuous improvement in its operations.
EVALUATION OF THE IMPACT OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT IN NIGERIA AND ITS DOMESTICATION IN THE VARIOUS STATES
(Journal of International and Comparative Law (JICL) Vol.11 2023, 2023) Ayinla-Ahmad Bilikis Ph.D*
Administration of Criminal justice system is bedeviled by myriad of problems, majorly inefficiency stands out. The Administration of Criminal Justice Act (ACJA) was enacted in Nigeria to reform the country's criminal justice system to promote efficiency, fairness and respect for human rights. This study evaluates the impact of the ACJA on the Nigerian criminal justice system, examines its implementation, challenges, and outcomes. A mixed-methods approach was employed, combining qualitative and quantitative data from court records, interviews with stakeholders and surveys of law enforcement agencies. The findings reveal that while the ACJA has improved certain aspects of the justice system, such as reducing case backlog and promoting bail reforms, its implementation has been hindered by inadequate infrastructure, insufficient training, and corruption. The study concludes that the ACJA has the potential to transform the Nigerian criminal justice system, but its effective implementation requires sustained commitment from stakeholders, adequate resources, and ongoing training and capacity-building programs. The study's recommendations aim to inform policy direction, enhance the ACJA's impact and promote a more just and efficient criminal justice system in Nigeria.
RIGHT TO LIFE AND ABORTION:COMMON LAW AND ISLAMIC LAW PERSPECTIVES
(KOGI STATE UNIVERSITY OMENE FOR SEU PEUNE FOUNDED 1999 ANYIGBA JOURNAL OF ARABIC & ISLAMIC STUDIES A Publication of the Department of Arabic and Islamic Studies, Kogi State University,Anyigba Vol. 6 No. 1, 2013 (1434), 2013) Ayinla-Ahmad Bilikis Ph.D*; HANAFI A. HAMMED,PH.D.
The practice of abortion dated back to the ancient times. Pregnancies were terminated through a number of methods including the administration of abortifacient, herbs and the use of sharpened objects. Others are application of abdominal pressure and other techniques'. The first recorded evidence of induced abortion was from Egyptian "Ebers Paprus' in 1550 B.C. Chinese recorded a number of royal concubines who had legendary emperor Shennona prescribed the use of mercury to induce abortion ncarly5000 years ago.4 Many of the methods employed in early and primitive culture were non-surgical physical activities like strenuous labour, climbing, peddling, weightlifting. fasting, bloodletting, pouring hot water into abdomen and lying on heated coconut shell. Abortion through gynaecological procedure was primarily within the province of women who were either midwives or well- informed lay people. Plato in his Theatetus6mentioned a midwife's ability to induce abortion in the early stage of pregnancy. In South East Asia, the technique of abortion involved the application of pressure on the pregnant abdomen which was practiced for centuries. One of the major reliefs decorating the temple of Angkor Wall in Cambodia, dated back to 1150 B.C depicts a demon performing such an abortion.
THE IMPERATIVE OF AN ATTITUDINAL CHANGE ABOUT THE PRACTICE OF LAW IN NIGERIA: A CRITIQUE OF THE INTERDEPENDENCE OF ADR AND THE JUDICIARY
(Nnamdi Azikiwe University Awka Journal of Public and Private Law. Vol 5 2013; 233 – 244,Published by the Dept. of Public and Private Law, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State Nigeria., 2013) Ayinla-Ahmad Bilikis Ph.D*; Ayinla Lukman A; *IBRAHIM TAIYE ABDULHAKEEM
It is generally viewed that Nigería among other African countries have greater propensity for the practice of law, this stem from its history of colonization by the British, as such legal practice in Nigeria is now a common place. The level at which Nigerians value and read law either as first degree or as second degree is so alarming that virtually in every family either nuclear or extended there is at least one lawyer (legal practitioner). This in effect shows the natural flair for Law in Nigeria. However, there is a general trend in the thinking that all the legal profession entails is the practice of law as legal practitioner who goes to court to argue cases (litigation) and anything short of this is not generally perceived as a serious practice of law. In effect, this has adversely affected the administration of justice. It is contended that there is more to this in the sense that there is the need for a change of attitude as to what the legal practice entails, and the need for a strong connectivity between ADR and the court to achieve a change of the public perception on the practice of law generally. An attempt is made to show that the practice of law encapsulates practice as an ADR practitioner and as such strengthen the consensual dispute resolution culture so that the court is not bogged down with unnecessary litigation-ef disputes/issues that may be trashed out or resolved through consensual methods.

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