Browsing by Author "KUDIRAT MAGAJI W. OWOLABI"

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    AMNETSY, PEACE AND JUSTICE: FINDING THE MIDDLE ROAD
    (FACULTY OF LAW, AHMADU BELLO UNVERSITY, 2017-09-17) KUDIRAT MAGAJI W. OWOLABI; MUTIAL ABDULSALAM LA-KADRI
    The crisis afflicting the country range from leadership crisis, bitter and rancorous politics, unpreceded criminality and attendant insecurity, Boko Haram insurgency, kidnapping, ritual killings, human trafficking and economic crimes. The question is: Justice or Peace? Basically, that is what it boils down to. Since the beginning of the offensive by insurgents in Nigeria, there has been widespread debate about how to bring the bloody onslaught to an end. In the last administration, it seemed as if the government struggled in trying to get an upper hand in the conflict with the insurgents. Now that the new government (Buhari Administration) is in place, the problem of how to extinguish this threat has risen to the fore of the government’s urgent policy. Talk of the administration possibility offering amnesty to the insurgents in return for them to lay down their arms litters the air. However, with so many divergent voices lending themselves to the debate of whether the particular strategy developed along the lines of amnesty is appropriate given the surrounding circumstances. The general objective of this paper is to access the impacts, challenges and sustainability of the amnesty programme and the political settlement leading to it, as a strategy of conflict resolution and peace building at the sub-national level. The study attempts to critically interrogate the content and methods of the Amnesty on the basis of issues of inclusiveness, equity, justice and impacts on violence mitigation, conflict resolution and peace building, and national -building and national stability.
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    CONSTITUTIONAL POWERS OF THE NATIONAL JUDICIAL COUNCIL
    (Faculty of Law, Rivers State University of Science and Technology. Port Harcourt., 2016-09-16) KUDIRAT MAGAJI W. OWOLABI
    The Nigerian judiciary, a creation of the Constitution is the 3rd organ of government in the much espoused doctrine of the triumvirate of government. However, of all the three organs of government, the judiciary is the most accessible to the citizentry and has been described as the last bastion of hope for the common man. The subject of an effective and independent judiciary has more often than not, engaged the interest of drafters of Nigeria Constitutions. The introduction of the National Judicial Council (NJC), for instance, is a noteworthy innovation of the 1999 Constitution, particularly with reference to the appointment, discipline and removal of judicial officers. This papers examines how well these Constitutional provisions enshrined in the 1999 have succeeded in producing the intended effectiveness and independence to the judiciary.
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    DIVERSE INTERPRETATIONS OF THE NEW YORK CONVENTION AND THE EFFECTS ON FOREIGN ARBITRAL AWARD IN NIGERIA.
    (FACULTY OF LAW, KWARA STATE UNIVERSITY, 2022-04-16) KUDIRAT MAGAJI W. OWOLABI
    Despite the efforts made to facilitate the enforcement of foreign arbitral award, there remain issues that complicate the enforcement proceedings, as a result of its reliance on national rules for enforcement procedure. By virtue of Article III of the New York Convention, signatories to the Convention are obliged to enforce arbitral awards in accordance with the rules of procedure of the territory where the enforcement of award is sought. While one would have difficulty arguing that there is presently a crisis in international commercial arbitration, most scholars acknowledged that there is lack of consistency in the way in which international commercial awards can be challenged and enforced due to the influence of national legislatures and courts. It is worthy to consider the way in which national legislatures and courts are presently allowed to influence the outcome of international commercial disputes. This has resorted in unforeseen barriers to the enforcement of arbitral award globally and also considered the weak link in the chain of international dispute resolution.
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    Diverse Interpretations of the New York Convention and the Effects on Foreign Arbitral Awards in Nigeria.
    (FACULTY OF LAW , KWARA STATE UNIVERSITY, 2022-04-17) KUDIRAT MAGAJI W. OWOLABI
    Despite the efforts made to facilitate the enforcement of foreign arbitral award, there remain issues that complicate the enforcement proceedings, as a result of its reliance on national rules for enforcement procedure. By virtue of Article III of the New York Convention, signatories to the Convention are obliged to enforce arbitral awards in accordance with the rules of procedure of the territory where the enforcement of award is sought. While one would have difficulty arguing that there is presently a crisis in international commercial arbitration, most scholars acknowledged that there is lack of consistency in the way in which international commercial awards can be challenged and enforced due to the influence of national legislatures and courts. It is worthy to consider the way in which national legislatures and courts are presently allowed to influence the outcome of international commercial disputes. This has resorted in unforeseen barriers to the enforcement of arbitral award globally and also considered the weak link in the chain of international dispute resolution.
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    LEGALITY OF ARBITRATION AND CONCILIATION ACT ACA , UNDER THE 1999 CONSTITUTION
    (FACULTY OF LAW, KWARA STATE UNIVERSITY, 2020-09-16) KUDIRAT MAGAJI W. OWOLABI
    An efficient system of dispute resolution is highly necessary for economic viability and sustainability of economies. However, despite the rising profile of arbitration as an alternative means of commercial disputes resolution, Nigeria continues to contend with the issue of proper construction of the provisions of the 1999 Constitution in respect of legislative competence to make laws on the subject matter of arbitration. The constitutionality of the Arbitration and Conciliation Act (ACA) is in doubt due to the fact that arbitration is not mentioned under the legislative competence of either the National Assembly or the State House of Assembly under the 1999 Constitution. The ACA had been promulgated as a military decree under the military regime in 1988. The Federal Military Government (FMG) promulgated the Constitution (Suspension and Modification) Decree No 1 of 1984, FMG(Supremacy and Enforcement of Powers) Act No 13 of 1984 and the Constitution (Suspension and Modification) Act No 107 of 1993 which gave the FMG unlimited power to legislate procedurally and territorially. The constitutional debate centres around whether the current Nigerian Constitution of 1999 clearly determines which legislatures, as between the Federal and State, has the legislative competence to enact a framework on arbitration legislation. Therefore, this article investigates the constitutionality of the continued application of the ACA as federal legislation.