Browsing by Author "Shuaib Oniye"

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    ANALYSIS OF INTERNATIONAL LEGAL INSTRUMENTS ON TERRORISM AND HUMAN RIGHT PROTECTION VIS-À-VIS NIGERIA LEGAL TERRAIN
    (Department of International Law Obafemi Awolowo University, Ile Ife, Nigeria, 2020-01-03) Shuaib Oniye
    The most pressing concerns facing current generation across the universe is the geometric rise in the incidence and notoriety of terrorism and terrorist activities. This has culminated into the emergence of International human rights standards owing to the obligation to control the violent and extreme behaviour. It is not gainsaid that Nigeria, as a sovereign State, has also launched a campaign against terrorism. While the response of Nigeria to combat terrorism has been applauded; the incessant human rights violation by the security personnel championing the fight against terrorism remains problematic. To this end, this paper analyses international legal instrument on terrorism, protection against violation of human rights while fighting terrorist and what the Nigeria stand to benefit from it. The paper posits that there are adequate provisions to curb the spread of terrorism in the various international legal instruments and domestic legislations on the issue, but lack of political will on the part of government remains the ultimate challenge. The paper recommends enforcement paradigm of the existing legal framework on terrorism and human right protection in Nigeria.
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    Plea Bargaining under Administration of Criminal Justice Act: How Best in Fighting Financial Crimes in Nigeria
    (Kogi State University Journal of Public Law, 2022-08-12) Shuaib Oniye
    This paper considered the negative effect of lack of facilities for speedy judicial functions, long adjournment of cases and technicalities on the administration of criminal justice in Nigeria which has necessitated the adoption of plea bargaining as a legal concept in the administration of criminal justice. It also considered the need to improve effectiveness and efficiency in our judicial system with a view to quickening the administration of criminal justice through the enactment of new statutes and establishment of law enforcement agencies. It adopted the doctrinal method of legal research whereby primary, secondary and tertiary materials were gathered and analysed. It was observed that plea bargaining has become a global legal concept used by advanced jurisdiction to fight corruption,economic and financial crimes, money laundering and other fraudulent transactions. It was concluded that the adoption and practice of plea bargaining in Nigeria will aid quick dispensation of criminal justice despite some criticisms of the concept, inter alia, that it would work against public interests and encourage Treasury looters to perfect their trade. It was recommended that before plea bargaining agreements are entered between the prosecution and the defendant, the defendant must be prepared to return all the proceeds of his criminal act. It was further recommended that special courts be established to handle corruption cases as the regular courts are highly congested.
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    THE NEW REGIME OF HATE SPEECH LAW APPROACH TO THE PROMOTION OF SAME SEX RELATIONSHIP IN THE WEST: ANY DILLEMA FOR THE NIGERIAN STATE?
    (University of Ifeo, Ile Ife, 2020-08-11) Shuaib Oniye
    In many countries in the West, same Sex relationship is legally allowed and publicly promoted.Contrariwise, the practice is outlawed in the majority of African nations and in Muslim countries. Attempts of the West to decry the criminalization of the practice in those African and Muslim counties as a human rights violation has failed. The concept of marriage has been historically understood and confined as a legal union between a male and a female, becoming husband and wife. Thus, a union of same-sex couples is precluded. Consequently, the West has adopted the Hate Speech legal tool to categorise anti-same sex speeches as Hate Speech such as speech against homosexuality, lesbianism,bisexuality and gay practice. This paper seeks to criticise the western ideology on proclamation of the religions preachers against same sex marriage as hate speech and Nigeria untouchable stand as an independent state against homosexuality, lesbianism, bisexuality and gay practice. In 2014, Nigeria enacted the Same Sex Marriage (Prohibition) Act. By This Act,a marriage between same sex couples and matters connected to it became a crime throughout the federation. The prohibition has received applauses within the country from religious, cultural and moral quarters. However, it has been greeted with condemnation from some international communities as violation of human rights principles subscribed to by Nigeria law. Incidentally, Nigeria has also launched a campaign against Hate Speech. Thus, it remains intriguing whether Nigeria has not found itself in a state of dilemma:outlawing same sex relationship and exploring the theory of Hate Crime/Speech Law to curb the menace of Hate Speech. The paper adopts analytical research method ie. to analyse the thread of same sex marriage in the western world and Nigeria stand against same. shows that there are serious and continuous spread of homosexuality, lesbianism, bisexuality and gay practice among the west and their condemnation thereon. This paper suggest that the Nigeria security agencies need to be more vigilant even after the enactment of the law against same sex marriage should in case any person involve in any of the practices, impose maximum punishment to serve as deterrent to others and call for continuous and unrelenting efforts among the religions preachers against such practices.