Department of Jurisprudence and Public Law

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Browsing Department of Jurisprudence and Public Law by Author "Halimat Tope Akaje"

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    COVID -19 AND THE GLOBAL SOCIO-ECONOMIC RIGHTS: IMPACTS IN NIGERIA AND THE ROLES OF LAW
    (CENTRE FOR RESEARCH, INDUSTRIAL LINKAGE AND INTERNATIONAL COOPERATION (CRIIC), AL-HIKMAH UNIVERSITY, ILORIN, NIGERIA, 2021-12-10) Abdulkadir Bolaji Abdulkadir; Abdulfatai Oladapo Sambo; Halimat Tope Akaje
    The outbreak of Covid-19 has affected every sphere of human endeavours globally. Equally worrisome are the measures put in place to contain the spread of the pandemic. These measures have also negatively impacted the socio-economic rights of people in the world, and Nigeria is no exception. Against this backdrop, this study discusses Covid-19 and the global socio-economic rights: impacts in Nigeria and the role of law. This paper relies on information from textbooks, journals, newspapers, statute, legal instrument and internet materials.. This study found that the outbreak of Covid-19 has led to the adoption of drastic measures like restriction of movement, closure of businesses and schools etc. which caused dwindling revenue, job losses and salaries cut globally and in Nigeria. Nevertheless, certain provisions of the law such as the Finance Act, National Health Insurance Scheme Act, Pension Reform Act, Employees Compensation Act can be explored to cushion the socio-economic impacts of Covid-19 in Nigeria. This will in turn enhance adequate standard of living, adequate mental and physical healthcare, social safety nets etc. This study suggested that the law and research oriented policies should be explored to cushion the impacts of Covid-19 on the socio-economic rights of people in Nigeria.
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    E- Path To Effective Justice Delivery: The Nigerian Courts In Perspective
    (Covenant University Press, 2016-04-30) Adelowo Stephen Asonibare; Halimat Tope Akaje
    The need to improve the effectiveness and efficiency of the judicial system in Nigeria has necessitated the use of modern information and communication technology (ICT). The conventional method of justice delivery in Nigeria is marred with avoidable delays in the dispensation of justice and lack of transparency. However, the constraints of conventional methodsof judicial system in Nigeria can only be solved by embracing the electronic justice system. Hence, ICTshould be employed in conducting most of the activities in Nigerian Courts, considering its successful adoption and use in some other jurisdictions. This article therefore, aims at examining in extensio a way out from the conventional methods of justice delivery in the area of e-filing of court processes e.g. originating processes, Motions, addresses, briefs and other processes; e-recording of court proceedings; e-archives (to facilitate retrieval of judgments, rulings, etc); and e-probateetc. In doing so, the paper will focus on towing the path of electronic ways in enhancing effective justice delivery in the Nigerian Courts as an antidote to the delays being experienced in the service delivery associated with the conventional method. To achieve this, reliance has been placed on secondary source, emanating from books, case laws, articles in learned journals, conference papers and other relevant materials. This paperwill enlighten Lawyers, Judges, Litigants and other stakeholders in the justice sector on the need to embrace E-justice delivery with the resultant effect of enhancing the effectiveness and efficiency of the judiciary as an arm of the government in Nigeria.
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    Effective Enforcement of Environmental Sanitation Laws: A Tool for Eradicating Open Defecation in Nigeria
    (Faculty of Law, Kwara State University - Malete, 2021-10-12) Halimat Tope Akaje
    The practice of Open defecation is a major environmental and public health problem in Nigeria. Nigeria has been adjudged the first Country in Africa in the practice of Open Defecation. According to the National Outcome Routine Mapping of Water, Sanitation and Hygiene Service Levels (WASH-NORM) Report of 2018, about 47 million Nigerians defecate in the open, which represents 24 percent of Nigeria’s population. This paper therefore seeks to discuss negative impacts of open defecation in Nigeria. The paper adopts a doctrinal research methodology. This paper relies on information from textbooks, journals, newspapers and internet materials. This paper finds that the persistent practice of Open Defecation in Nigeria is caused by many factors but it notes that the weak enforcement of environmental sanitation laws is a major cause. The paper finds that the consequences of open defecation are detrimental to public health safety and also counterproductive. This paper concludes that effective enforcement of environmental sanitation laws will help in reducing the practice of Open Defecation in Nigeria. The paper recommends that the enforcement of environmental sanitation laws should be effective. The paper also recommends other measures to be taken to reduce the practice of open defecation in Nigeria. These are compliance monitoring and promotion, adequate funding of environmental agencies, regular training of environmental officers, judges, police etc.
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    Legal and Regulatory Framework for Resource Diversification in Nigeria: Globalization and the Prospects of Resource Diversification
    (Faculty of Law, Benson Idahosa University, 2015-10-10) Solomon O. Afolabi; Halimat Tope Akaje
    For some time поw, the mainstay of Nigeria's economy has been foreign exchange earnings from oil sector. The country is reputed to have large quantities of unexploited natural gas and oil reserves. As the largest exporter of oil with the biggest natural gas reserves in Africa, most of the Foreign Direct Investment into Nigeria has gone into the oil and gas sectors, although more recently into telecommunications and manufacturing as well. Oil and gas currently represent 95% of foreign exchange earnings and 80% of budgetary revenues. Consequently, Nigeria faces the task of diversifying and reforming its petroleum based economy. Through the National Economic Empowerment and Development Strategy (NEEDS) adopted in 2003, the government is currently seeking foreign direct investment in the non-oil sectors with particular focus on manufacturing and agro-allied industries. This paper highlighted the legal and regulatory framework for resource diversification in Nigeria
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    Need for Judicial Activism in solving legal and procedural barriers to environmental litigation in Nigeria
    (Faculty of Law, Vishwarkarma University, 2021-11-26) Halimat Tope Akaje
    Environmental litigation is bedevilled with legal and procedural obstacles, which prevent environmental victims from getting redress for environmental injury. The aim and objectives of this paper is to discuss environmental litigation and barriers to it in Nigeria. This paper also discusses the concept of judicial activism and how it can be applied to environmental litigation in Nigeria for the purpose of mitigating the legal and procedural obstacles to environmental litigation. The paper adopts a non-doctrinal research methodology. This paper notes that the barriers are detrimental to the environment, as pollution victims are prevented from getting redress for environmental wrongs and environmental justice. It concludes that the Court must be ready to display activism in adjudicating environmental matters, in order to enhance access to environmental justice and protect the Nigerian environment. This paper calls for judicial activism such as widening of locus standi, expounding the interpretation of legislation, exercising judicial review, allowing Public Interest Litigation etc. in the adjudication of environmental matters. This will help to mitigate the obstacles to environmental litigation , enhance access to environmental justice, facilitate redress of environmental wrongs, enhance adequate remedies for environmental victims, allow the proper sanctioning of environmental polluters and `also enhance the protection and sustainability of the environment.
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    The Affirmative Action and Women Participation in Politics in Nigeria: An Assessment Study on the Legal Constraint
    (College of Humanities, Management and Social Sciences, Kwara State University Malete, 2018-08-07) Halimat Tope Akaje; Adelowo Stephen Asonibare
    The participation of women in politics and decision making is one of the major issues that have dominated the world; this is because women constitute about fifty percentage of the world population. The importance of women participation in politics cannot be over-emphasised, considering the fact that women are mothers, social, cultural and political activists. In Nigeria, the affirmative action contained in the National Gender Policy is a strategic tool for enhancing women participation in politics. The policy has brought about tremendous increase in women participation in politics in Nigeria, as more women are willing to participate in both appointive and elective politics. However, the affirmative action is a mere action plan of the executive and falls under Chapter II (Fundamental Objectives and Directive Principles of State Policy) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which makes it non-justiciable. So, where the government fails to abide by the affirmative action, the government cannot be compelled and such cannot be challenged in the law court (as currently being experienced in Nigeria). This paper seeks to discuss the relevance of the affirmative action to the participation of women in politics in Nigeria. The legal constraint to the enforcement of the policy is particularly identified and discussed, while imperative legal measures towards giving legal prominence to the policy are recommended