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Browsing by Author "Ayinla-Ahmad Bilikis Ph.D*"

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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 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.
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.
MINI-TRIAL AS A VERITABLE DISPUTE RESOLUTION MECHANISM: A CRITIQUE
(ILORIN JOURNAL OF THE HUMANITIES Published by Kwara State College of Arabic and Islamic Legal Studies (An affiliated of Bayero University,Kano) P.M.B.1579,Ilorin Vol.6 No. 11 2013, 2013) Ayinla-Ahmad Bilikis Ph.D*
This article seeks to discuss ADR processes recognised bylaw in Nigeria, Particularly as provided for in the Arbitration and Conciliation Act 2004. ADR processes are discussed generally with emphasis on the current ones in use in Nigeria. The article therefore, discusses the potentiality of Mini-Trial and other processes yet to be explored in Nigeria that are useful taking into consideration the needs of the country towards ensuring a pragmatic application of ADR in Nigeria.
MUhTASIB (OMBUDSMAN) AND FATWA OF MUFTT (EXPERT DETERMINATION) IN NIGERIA: AN ANALYSIS OF THE IDEAL APPROACH
(KOGI STATE UNIVERSITY FOR SELF RE FOUNDED 1999 ANYIGBA JOURNAL OF ARABIC& ISLAMIC STUDIES A Publication of the Department ofArabic and Islamic Studies, Kogi State University,Anyigba Vol. 6 No. 2,2014, 2014) Ayinla-Ahmad Bilikis Ph.D*; Ayinla Lukman A
The relevance, applicability, and acceptability of Alternative Dispute Resolution globally as a veritable dispute resolution mechanism is valid than mere assumption. The acceptance may not be divorced from congruent and consensual nature of its practice and procedure. The same could be said of Islamic ADR practices but more importantly, Islamic ADR practices are specifically based on Qur'ān and Sunah of Prophet Muhammad (s. a. w.). Although there are myriad of these processes that encompass among others Sulh, Tahkim, Sulh and Tahkim, Muhtasib, Fatwā of Mufti meaning: Mediation, Arbitration, Med-Arb, Ombudsman and Expert Determination of a Jurist-Consult respectively. While some of the Islamic ADR processes are either at the rudimentary stage or practiced haphazardly, it is evident that processes like Muhtasib(Ombudsman) and Fatwā of Mufti (Expert Determination) are unsystematically practiced in Nigeria. Thus, an attempt is made to show the problem with these two processes in Nigeria and the appreciable progress made in Malaysia with respect to Fatwa of Mujii(Expert Determination). As the way forward, solution is proffered based on the structured approach in this jurisdiction as a way to entrench the application of Islamic ADR mechanism 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.

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