Faculty of Law

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The Creation of Police Force in Nigeria
(Nigerian Bar Association Ilorin, 1998) IJAIYA NAJEEMDEEN ADEYEMI
The Duties of the Nigeria Police
(Nigerian Bar Association Ilorin, 1998) IJAIYA NAJEEMDEEN ADEYEMI
The Admissibility of Documents under Re-Examination An Appraisal
(by Council of Legal Education Nigeria Law School, Abuja, 2000) IJAIYA NAJEEMDEEN ADEYEMI
An Appraisal: The Corroborative Evidence of An Accomplice
(Department of Pubic Law, University of Ilorin, Ilorin, 2001) IJAIYA NAJEEMDEEN ADEYEMI
The Effect of Colonialism on the Indigenous Legal System
(Department of Islamic Law, University of Ilorin, 2001) IJAIYA NAJEEMDEEN ADEYEMI
Alibi as a Defence in Criminal Liability
(Council of Legal Education Nigerian Law School, Abuj, 2001) IJAIYA NAJEEMDEEN ADEYEMI
The Creation of Family Land in Nigeria
(Law Students Society, University of Ilorin, Ilorin., 2004) IJAIYA NAJEEMDEEN ADEYEMI
Arbitration and Mediation: The New in Nigeria
(Faculty of Law, Kwara State University Malete, 2004) Taiye Oniyide Ph.D., FCIArb (UK); Ahmed Olatunji Isau Ph.D.
The landscape of dispute resolution in Nigeria has witnessed a paradigm shift in recent years with arbitration and mediation emerging as potent alternatives to traditional litigation. This chapter delves into the evolving landscape of arbitration and mediation in Nigeria and explores the dynamic changes and innovations in this field. Its aim is to critically examine the contemporary developments in arbitration and mediation within the Nigerian context and its objectives include to elucidate the historical context of arbitration and mediation in Nigeria, to analyze the legislative and regulatory framework governing arbitration and mediation in Nigeria; to evaluate the current trends and practices in arbitration and mediation; to explore the role of technology and innovation in enhancing the efficiency and accessibility of arbitration and mediation processes in Nigeria; and, to assess the challenges and opportunities faced by arbitration and mediation practitioners in Nigeria. This chapter adopts the doctrinal research method. The research draws extensively from primary and secondary sources, including legislation, internet sources, academic literature, and theoretical data. The research also incorporates comparative analysis with international best practices. The significance of this chapter lies in its contribution to the understanding of arbitration and mediation as effective mechanisms for dispute resolution in Nigeria. The chapter is also significant given that identifies areas where Nigeria can broaden its arbitration and mediation infrastructure to align with global standards. The chapter concludes by noting that arbitration and mediation have evolved significantly in Nigeria and presents a promising “new” approach to dispute resolution. It recommends that there is a need to strengthen the enforcement of arbitral awards through legislative reforms and improved coordination between the judiciary and arbitral institutions; that there is a need to enhance the capacity-building efforts for arbitration and mediation practitioners by establishing specialized training programs and certifications; that Nigeria should promote awareness and education on the benefits of arbitration and mediation among businesses, legal professionals, and the general public; that Nigeria should continue to monitor international best practices in arbitration and mediation and adapt its regulations to remain globally competitive; and, that there is a need to embolden the use of technology and Online Dispute Resolution (ODR) platforms to expand access to arbitration and mediation services, especially in remote and underserved areas.
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
Defining Torture: Issues, Perspectives and Human Rights Analysis
(Dept. of Public Law, Faculty of Law, Olabisi Onabanjo University, 2011) Odeku, K.O., Anwo J, *Animashaun, O.O* & Oyeneye, O.
Undoubtedly, torture is a serious violation of human rights and it is strictly prohibited by numerous human rights instruments. The crime continues to generate heated debate because of its scope. Sometimes perpetrators escape sanctions because of the inability of the prosecutor to prove the elements of the offence. Against this backdrop, this paper makes a modest attempt at defining torture from the perspective of numerous laws prohibiting the practice. The argues that regardless of how torture is defined, the contention is that the perpetrators should not escape criminal responsibility through mere artifice, technicality or prosecutorial laxity. Consequently, the paper concludes that irrespective of the status of the perpetrators, the person should be brought to justice in order to serve as deterrence and prevent impunity.
Muslim Youths and Global Challenges
(Law Students' Society, University of Ilorin, 2011-03-20) Abdulrazaak O. Zakariya
Nil
IN SEARCH OF PROTECTION FOR CHILD’S RIGHT: A DIAGNOSTIC APPRAISAL OF CHILD BRIDES IN AFRICA
(DEPARTMENT OF JURISPRUDENCE & INTERNATIONAL LAW, FACULTY OF LAW, KOGI STATE UNIVERSITY, ANYIGBA, 2012) Adimula B., and AKINTOYE OLARIYIKE DAMOLA,
Introduction Right is a universal phenomenon, and the emergence of human rights law in international sphere is one of the most significant developments that have taken place since the end of the Second World War. Amongst the world recognized rights are right to self determination, peace, general satisfaction of environment favourable to peoples development, and people’s right to full sovereign over their natural resources; economic, social association. Others are minority rights and child’s rights. In Africa, it is common to see many communities engaged in giving out their female children out in marriage without the brides consent. This practice is rife and forceful in nature. In this case, it is the parents that give consent and that is, “consent of the parties” is absent; this makes the marriage a “forced marriage”. The parents or third parties give consent on behalf of, especially the child bride. Indeed, child bride is a form of forced marriage without respecting the right and dignity of the child. This paper therefore aims at analyzing the reasons for the child’s brutality via undignified marriage, the paper further examines the consequence of a child marriage and child’s right to either agrees or disagree to marriage. Conclusions drawn on the legal effect of child marriage and solution proffer to the menace of child marriage.
THE WORLD TRADE ORGANIZATIONS’ POLICY ON AGRICULTURE: PARAPHERNALIA OF NEOCOLONISATION OF AFRICAN ECONOMY
(Faculty of Law, Kogi State University, Anyigba, 2012) Olatoke, J.O., Adimula, R.A AKINTOYE OLARIYIKE DAMOLA and Balah, Mohammed Usman
Introduction The article examines the WTO policy on Agriculture. It places the policy in historical context, examines its underlining reasons and argues that the policy systematically favors farmers in developing countries. The policy through the open market system enables farmers in developing countries to increase their productivity. The article also evaluates the effect of WTO’s Agriculture policy on the indigenous agricultural programmes of the developing countries, and proposes reforms to provide developing countries with the tools to further promote the indigenous agricultural in African. Globalization has transformed the organization of international economic relationship around; it has affected the economic, social and political sphere of societies and citizens. This is characterized by complex set on interconnectivities and interdependence with an increasing number of actors vying to influence the outcome of these relationships. They lay competing claims to resources markets and legitimacy and are engaged in activities traditionally defined as belonging to the domain of diplomacy. The issue of market control, free trade and sovereignty in the international economy has been one of the major bones of contention in the activities of the world Trade Organization since its inception. Sovereign States remain the traditional subjects of international law, but in practice remain interdependent in the pursuit of their economic interest. It is trite international law. As the concept of sovereignty is a key element of public international law, international law is thus the regulatory law of international economy. Therefore, the power to do everything in a state i.e., to make law, to execute , to apply them, to impose and collect taxes and levy, contribution, to make war or peace to form treaties of alliance or of commerce with foreign nations and likes all are at the jurisdiction of international law. The major reason for the formation of the WTO was for a global effort to actualize the UN’s effort in a bid to roll back hindrance to free commerce through the painstaking intervention of the GATT through UNCTAD. However, in some quarters, it is now believed that the WTO’S emphasis has slipped from concentrating on these public interest goals to an organization formed to exploit the less developing countries economy. In nut shell, WTO is now seeing primarily as ‘an organization for liberalizing trade’ and help trade flow as freely as possible at the detriment of some member nations especially the African countries. Other writers from East Africa and Asian countries were also of the same opinion. To them, the WTO’S public interest and objectives remain out of reach of the Less Developed Nations. The antagonist of the WTO’s policies especially, agricultural policy argued that the organization is just a platform where the rich and developed countries are using to further colonise African trade. These groups also criticized the mode of reaching decision at the WTO otherwise called “consensus”, to them such mode was an imposition of ideas of some view developed nations over the developing ones. Thus, to them, the World Trade Organization is today one of the most secretive international bodies one earth, established to feed the greed of the rich in the name of trade liberalization. However, due to the recent development in the activities of the organization, i.e., the increase in the numbers of African members of the organization and the revisit to the agricultural policy of the organization during the 1995 New Zealand meeting, couple with the development that some of the African Countries are now experiencing via collaboration of Agricultural programmes with the aid of WTOs policy, one is tempted to ask, if actually, the agricultural policy of WTO is for the exploitation of African economy. In this regard, the paper evaluates the effect of the policy on the indigenous agricultural programmes of the developing countries, and takes a stand on its true position vis-à-vis the African economy.
The Proscription of Incorporated Law Practices (ILPs) in Nigeria: The Legal and Constitutional Issues Arising
(CHOTANAGPUR LAW COLLEGE, NAMKUM, RANCHI RANCHI UNIVERSITY, RANCHI, JHARKHAND, INDIA, 2012) Ishola, Abdullahi Saliu
This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or more persons to form and incorporate a company; on the other hand. The illegality is also appraised from the purview that, the Rules is a mere subsidiary legislation which cannot override the Constitution as the supreme law of the land and CAMA as a substantive enabling Act. On another angle, following a consideration of the significant purpose of protective measure which the provision of the Rules sets out to achieve for law practice in the country, the paper concludes by suggesting the better way the Rules could enact the regulation without falling into the trap of illegality.
A Diagnostic Appraisal of the Clogs in the Enforceability of Prisoners Rights under the Nigerian Law
(Department of Public Law, Faculty of Law, University of Jos, Jos, 2012) IJAIYA NAJEEMDEEN ADEYEMI
Immunity Clause: A Constitutional Dilemma in Nigeria
(Department of Public Jurisprudence and International Law, Igbinedion University, Okada, Edo State, 2012) IJAIYA NAJEEMDEEN ADEYEMI
Foisting a Willing Employee on an Unwilling Employer: The Remedy of Re-instatement Revisited.
(Bahauddin Zakariya University Multan, Pakistan, 2012) Odeku K. & *Animashaun S.*
Maslow in his masterpiece treatise fashioned the hierarchy of needs, namely, physiological needs, safety needs, belonginess needs, esteem and self-actualization needs (Maslow 1954). He was of the opinion that on fulfilling one stage substantially, an individual aspires and is only motivated by the attributes of the next stage. In Nigeria most of the populace oscillates between the first and the second level, people work in order to live, that is; to satisfy needs and wants. Work is essentially an important social economic issue; that is if the individual in the productive year is employed at all. Official figures put unemployment rate in the country at an unprecedented and understated 23.9 per cent in 2011(National Bureau of Statistics 2012). This translates to about 41 million unemployed persons, without taking into cognizance the under employed. If a member of the family who was gainfully employed is retrenched, this will have reverberating effect on the family and the larger community as a whole. This is so mainly because of the extended family ties system since there is no provision of any form of welfare in the majority of the African countries. This article examines the way and manner employers dispensed with the employees in the workplace and the remedies available to the employees in cases of wrongful, unfair dismissals or termination of appointment. The article analyses the dichotomy between the employees with statutory flavour or special status and those who are mere servants. The article also examines critically, judicial activism regarding re-instatement in light of unfair and wrongfully termination of employment by considering approaches from other jurisdictions such as India the United Kingdom and South Africa.
Ensuring Equality at the Workplace by Strengthening the Law on Prohibition against Discrimination
(Academic Journals, 2012) Odeku K.O. & *Animashaun, O.O*
Nigeria is a liberal democratic society, a free market economy and a secular state. As such, it is vulnerable to invidious workplace discrimination. This article examines inequality and blatant discriminatory practices in the workplace in Nigeria. The paper explores extensively the jurisprudence of the workplace discrimination in Nigeria and makes a comparison with approaches from other jurisdictions. The paper argues for both the need to strengthening the law on prohibition culminating into outright elimination of discrimination in the workplace. Towards this end, the paper advocates for exploring both the civil and criminal responsibilities of discriminators and concludes that they should be brought to book.
TAX EDUCATION AND MOBILISATION: A MEANS TO SUSTAINABLE DEVELOPMENT IN NIGERIA
(A PUBLICATION OF FACULTY OF LAW, UNIVERSITY OF ILORIN, 2012-02-28) Olokooba S.M and AKINTOYE O.D
Introduction There are numerous ways by which government generate revenue to execute project for the benefit of the populace. One of the major ways and means by which this is done is through tax. In Nigeria, government has legislative powers to impose any form of tax at whatever rate it deems appropriate on its citizens. The essence and impact of taxation on any economy be it developed or developing cannot be over-emphasized. A country’s tax system is one of the key instruments for shaping and transforming the economic development of the country. Tax is a compulsory exaction of money by the government for public purposes. It is not a voluntary payment but and enforced contribution exacted pursuant to legislative authority. considering this definition on the face value, one tends to have the impression that tax is only characterized with compulsion or that it is a contribution demanded only with menaces. Truly, this impression cannot be outrightly incorrect for the reason that tax law, like every law, is designed to bring about certain desired conduct through the threat of punishment for contrary conduct. This justifies why tax authorities possess comprehensive and forceful power to enforce and recover income tax in Nigeria such as powers to levy distress, conduct search and seizure and to prosecute tax delinquencies. But suffice to say that coercive order alone cannot guarantee compliance with tax laws and consequently may not enhance adequate revenue generation. Rather, tax payers’ education and constant public enlightenment are capable of changing the tax orientation of Nigerians if integrated as complements to enforcement instruments. However, Nigeria government, over the years, pays little attention to tax payers’ education and mobilization. As a matter of fact, if Nigeria is seriously committed to genuine pursuit of sustainable development, it is incumbent on the tax authorities to constantly educate tax payers on the relevant aspects of the Nigerian tax system in order to stimulate and mobilize them to discharge their civic obligations in a well-mannered way without external push from the tax authorities to compel them to do so. This is predicated on the fact that once the tax payers are sufficiently educated and enlightened, the cost of administration and, by extension, the huge revenue loss will be considerably reduced. This key component is hitherto missing in the Nigeria tax system to complement the enforcement instruments prescribed by the various tax laws. This paper analyzes the legal framework for tax education and mobilization with the ultimate aim of finding out its roles and the extent it can promote tax administration and sustainable development in Nigeria.
Poverty, human rights and access to justice: Reflections from Nigeria
(Academic Journals, 2012-03-05) Kola Odeku and Sola Animashaun
In Nigeria, poor people are vulnerable to various human rights abuses. Their guaranteed rights under the Constitution are being infringed on a daily basis and this is exacerbated by persistent denial of access to justice. The article highlights obstacles that the poor encounters when seeking justice and at the same time suggests policy responses for overcoming them. Towards this end, the article analyses the concept of fundamental rights as enshrined in the 1999 Nigerian Constitution and the impact on the rights of the poor to access justice. Furthermore, the article evaluates the capabilities of the court’s system as a whole, as well as the judiciary and argues that unless the judiciary is independent, access to justice by the poor will continue to be a mirage. The article examines jurisprudence of other jurisdictions and draws useful inspirations from them to explain why justice is so important for poor people and introduces a broad range of responses in the areas of legal and institutional reforms.

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