Department of Business and Private Law

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Browsing Department of Business and Private Law by Author "Adelowo Stephen Asonibare"

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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 methods of judicial system in Nigeria can only be solved by embracing the electronic justice system. Hence, ICT should 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-probate etc. 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 paper will 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
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    MAKING THE BRIEFS BRIEF: A CUE FROM THE COURT OF APPEAL RULES AND PRACTICE DIRECTION
    (Faculty of Law, Bowen University, 2017-10-10) Adelowo Stephen Asonibare; Olukayode O. Odetokun
    Legal writing is an art, like advocacy, it requires skills. Hence, brief writing also requires skills(s). Apart from being able to present a logical argument in a written address or a brief of argument (as the case may be) before a court, some of the rules of procedure, commonly referred to as the Rules of Court, that have evolved overtime at the appellate courts in Nigeria, have also intervened by stipulating what is expected of a brief of argument to be filed by the parties to an action. The prominent example is the Court of Appeal Rules, which is the main focus of this paper. This paper therefore, attempts to bring out the impact of the rules of the court, particularly the Court of Appeal Rules, on briefs of argument, and proffers the need for its emulation by other courts in Nigeria.
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    Multiplicity of Codes of Corporate Governance in Nigeria: A Curse or a Blessing
    (Department of Commercial Law, Faculty of Law, Ahmadu Bello University Zaria, 2017-12-10) Adelowo Stephen Asonibare
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    Rights of a Child to Maintenance Under the Nigerian Legal System
    (Kampala International University, 2018-06-04) Adelowo Stephen Asonibare; Oluwabusayo Temitope Wuraola
    This work examined the right of a child to maintenance under the Nigerian legal system. The significant concern in the rise of matrimonial disputes is made manifest by the enormous and rigorous procedures in dissolving a marriage without adequate concern for the emotional health of the children of the marriage. Most times divorce matters are left lingering in court, appeals upon appeals on interlocutory matters without any concern for the main substance of the subject of dispute. The doctrinal approach is therefore employed by wide consultation of books, articles in journals, articles from the internet by renowned scholars in the area of child’s right to examine the nature of the rights of a child and the extent to which a child can enforce his right to maintenance; particularly in matrimonial causes. It is observed that the position of Matrimonial Causes Act and the Child Rights Act 2003 seems hazy to the effect that a child cannot enforce his right of maintenance before the determination of the matrimonial proceedings, but the child can however lay claim to this right and enforce same under the ambience of the Child Rights Act. It is concluded that the right of a child to maintenance is inalienable, thus can be enforced even before the determination of the proceedings. It is also recommended that awareness, legislative amendments and full institutionalization of the Family Court amongst other things would properly advance the cause of enforcing the rights of a child particularly his right to maintenance even during matrimonial proceedings.
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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, 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