Faculty of Law

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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.
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.
The Legal framework on Space exploration and Exploitation.
(NIALS Journal of Air and Space Law. (Maiden Edition): 110-142, 2013) Olatinwo Khafayat Yetunde
The environment of the outer space has no friction so it allows stars, planet and moons to move freely along ideal gravitational trajectories. As against the popular belief, a person exposed to space would not explode, freeze to death or die from boiling blood as we now have human beings living in the outer space and not exposed to any imminent danger due to scientific research on how to live a normal life when in outer space. The essence of this paper is not to examine the science of space but how outer space became a legal subject. Due to space activities and exploitation that has affected every facet of human existence, several Laws, Treaties; Conventions have been put in place to regulate the activities of man on space. This paper will focus on space exploration, its effect on Earth, some Laws regulating human activities in outer space and its implications. This paper will focus on the following legal regimes on Outer Space. 1. Treaty banning Nuclear weapon Tests in the Atmosphere, in outer space and under water often called the partial test ban treaty or Nuclear Test Ban Treaty of 1963 2. Outer Space Treaty of 1967. 3. Convention on international Liability for Damaged caused by space objects 1972 4. Convention on Registration of objects launched into outer space (1975) 5. Agreement on the rescue of Astronauts, the return of Astronauts and the return of objects launched into outer space 1968 6 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies 1979
23. Olokooba S.M, Dr. Olatoke J.OAdvocating For Progressive Tax System as a Panacea to Economically-Induced Conflicts in Nigeria
(International Journal of Humanities and Social Science, 3 (5), 2013) 23. Olokooba S.M, Dr. Olatoke J.O, F.F. Abdulrazaq, Olatinwo K .Y
Security, Peace and Conflict management is now of global concern. Their effective management may lead to peace, human and material development, while their mismanagement may lead to chaos and crises. Conflicts are of various types, but the prevalent one rampaging Nigeria today is the economically induced conflict. Due to bad management of economy, un-even distribution of state wealth, embezzlement of state funds, conflict now becomes a phenomenon defies of common solution in Nigeria. Premised on this, this paper examines the basic principle of security, peace and economically-induced conflict vis-a-vis the progressive tax system. The paper raises issues on the Nigerian tax system, types and causes of conflict and the interrelationship between peace, security and conflict. The paper further examines the jurisprudential basis of using progressive tax system to manage economically-induced conflict and concludes that, progressive tax system could effectively be used to tackle economically-induced conflict in Nigeria. Keywords: Peace, Security, Economically-Induced Conflict, Progressive Tax System, Nigeria, Panacea, Advocating. 1. Introduction Security, Peace and Conflict are three major indices on developmental strives of most Afri
APPRAISING THE TAX ASPECT OF CAPITAL ALLOWANCE IN THE NIGERIAN BANKING SECTOR
(Faculty of Law Ebonyi State University, Abakaliki, 2013) Olokooba S.M., and AKINTOYE OLARIYIKE DAMOLA
Abstracts This paper appraise different types of Capital allowances available in Nigeria as stated in the Nigerian Tax Laws as well as the items that qualify for capital tax allowances in the banking industry. Based on the appraisal, the paper discovers that the issue of capital allowances for banks is not a straight jacket thing. This is so, because there is yet to be a comprehensive list of what can qualify for such allowances under the Nigerian Tax Law and the system of making allowances does not look at the extent to which wear and tear has occurred or the expected life of the asset. The paper concludes that a general principle of taxation that encourages liberality should be the watchword when considering relief in the tax aspect of capital allowance in the banking sector.
Arbitration and Conciliation Act 1988 (Section 5): Pinning the Nigerian Courts to the Era of Demurrer
(International Journal of Humanities and Social Science, 3 (11), 2013) Khafayat Yetunde Olatinwo
A legal contrast it would seem where there exist two provisions of law which are complete opposite especially where the two provisions has to work together. That would be the case with the provision of section 5 of the Arbitration and Conciliation Act 1988 demanding the application of a procedure in the same Court (High Courts) that has abolished that same procedure (Demurrer) by its procedural rule. The essence of this paper is to examine the various provisions of the High Rules on pleadings in lieu of demurrer and Sections 5 Arbitration and Conciliation Act in order to determine its workings in the judicial system. The paper further suggests how the conflict can be resolved with recommendation. Key Words:Arbitration, Strike-out, Demurrer, High Court Civil Procedure Rule
THE PRINCIPLE OF THE COMMON HERITAGE OF MANKIND
(DEPARTMENT OF INTERNATONAL LAW & JURISPRUDENCE, 2013-09-26) MAGAJI W. OWOLABI, KUDIRAT
Scientists discovered polymetallic nodules on the deep seabed in the late 19th century. The problem, however, was that the deep seabed did not lie within the jurisdiction of any state. Consequently, to regulate access to these resources, a legal regime had to be established. The regime adopted was the ‘common heritage of mankind’ (CHM). The concept of common heritage of mankind governs the deep seabed. The CHM principle has not only been accepted as essential element of the Convention on the Law of the Sea (LOSC) from where it found its way into the national legislation relating to sea bed activities but was also introduced into outer space regimes and to a lesser degree into the legal framework for the protection of the Antarctic environment. However, the principle of the common heritage of mankind has differing interpretations and consequently lacks legal force. This paper attempts to give content to the common heritage of mankind principle, as it applies to the deep sea, by examining existing principles in international law. It then deals with the question of whether the CHM principle has to be regarded as a part of customary international law, regardless of its incorporation into the Convention on the Law of the Sea.
X-raying the Constitutionality of Arbitral Award in Nigeria
(Joseph Ayo Babalola University Law Journal. 1 (1), 2014) Olatinwo Khafayat Yetunde
The urge to sustain and promote the arbitral system has informed the series of multi-door court house system established in places like Abuja and Lagos State and also the passing into laws (arbitration law) by some states to compliment the Arbitration and Conciliation Act 1988 to cater for arbitral processes in such states. However there is this discrepancy and argument that the outcome of arbitration i.e arbitral award is inferior to the judgment of a regular court. This discrepancy is often based on the argument that the judge who makes judgment derives his power from the Constitution. In order to clear the doubt as to the Constitutionality of arbitral award, this paper examines some of the supporting theories of arbitration and the source of the powers of the makers of Arbitration and Conciliation Act 1988.
International Law on the Environment of Space: Towards a Sustainable Development.
(Proceedings of International Conference on Humanities, Science and Sustainable Development. African Journal Series, held at Faculty of Engineering Board Room, University of Benin, Benin City, Nigeria. 5(2)., 2014) Olatinwo Khafayat Yetunde
The technological advantages derived from space exploitation cannot be over-emphasized.it ranges from communication; TV signals, transmission of wireless radio, the use of GPS systems in our cars and listening to weather forecast derived from remote sensing satellite. However, the resources of outer space are finite and the continuous abuse facing the environment of space as a result of human exploration and exploitation is damaging and causing serious degradation. The intention of this paper is to review the International laws relating to the environment of space for their effectiveness and proffer recommendation where necessary in order to sustain the resources of space.
The Role of Comparative Legal Research in The Development of Law
(Basic and Applied Sciences, Australia., 2014) Zubair, Aishat Abdul-Qadir
Background: Comparative legal research is a field of law that has been abandoned over the decades for its lack of popularity as a concept due to the many controversies and criticisms surrounding it. It is a field of study that is only recently gaining footing in the legal profession with its recent resurgence and awakening of legal scholars and student to the fact that it may have some importance after all. Objective: This article therefore aims to show how comparative legal research has influenced the development of law from time immemorial to the present time and see how it will continue to do so in the future despite the pitiable situation it is in presently. It is also the aim of this article to show the efforts made by comparatists in making sure that laws are in conformity with the advancement in development around the globe by its main function of law reform especially in this era of globalization. The article, while concentrating on the impact comparative legal research has had on the development of law with special reference to law reforms in some modern nations, also analysis the manners in which comparative legal research has been used to solve some international dispute on commercial law when they arise. Results: The result of this research shows amongst others: that one of the aims of comparative legal research is to find solutions to a specific problem in a legal system by comparing with other legal systems having a similar problem or condition; that the methods used in comparative legal research are not original to the discipline and there is no one single method generally accepted by all comparatists; and that the concept of comparative legal research helps the law makers in solving quite a number of problems faced in the process of law making.. Conclusion: The article concludes that legislation and law reform are the main purpose of comparative legal research.
Impact and Issues of Alternative Dispute Resolution in South Africa with Emphasis on Workplace Dispute
(Mediterranean Center of Social and Educational Research, 2014-07) Animashaun, Oyesola, Odeku, Kola O., & Nevondwe, Lufuno
Informal dispute resolution is increasingly becoming relevant in the dispensation of justice. This is because of its different beneficial approaches to the parties involved especially the poor and the indigents in the society who are unable to afford the huge legal fees involved in formal justice system. With regard to dispute between well-resourced employer and poor vulnerable employee, one will agree that if formal justice is asked to adjudicate, clearly, there will not be fair playing field because the employer will deploy its huge resources to hire the best legal representative while the employee will not be able to do the same. This is why in South Africa aggrieved employees can approach the appropriate institution of justice set up for purposes of resolving labour dispute and institute an action against erring employers even without the assistance of legal practitioners. This article looks at the issue of informal dispute resolution; its applicability other related issues and more importantly the issue whether there is any need for a legal representation in alternative dispute resolution.
ANTI-TERRORISM FINANCING LAWS IN MALAYSIA: CURRENT TRENDS AND DEVELOPMENTS
(Ahmad Ibrahim Kulliyyah of Laws (AIKOL), 2015) Zubair, Aishat Abdul-Qadir; Umar A. Oseni; Norhashimah Mohd Yasin
Malaysia has continued to proactively enhance its legal framework for combating terrorism financing as a phenomenal response to the global war against terrorism. This paper revisits the provisions relating to anti-terrorism financing in the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), and the recent amendment made to the Act in 2014, as well as the Penal Code of Malaysia. While this study focuses on Anti-Terrorism Laws in Malaysia, AMLATFA forms the crux of the discussion in the light of current developments in anti-terrorism legislation in Malaysia. A brief Islamic legal perspective on anti-terrorism financing is given in the light of specific provisions of AMLATFA and the Penal Code. The paper finds that Malaysia is keeping up with the global developments in Anti-Terrorism Financing laws and this has helped it to maintain a good image in the global world as a country that is ready to combat terrorism generally and terrorism financing specifically. With the emerging threats of the self-styled Islamic State in Iraq and Levant (ISIL) in Malaysia and the world at large, there is no better time than now to come up with a more comprehensive law such as the Prevention of Terrorism Act 2015 to complement existing legislations on terrorism financing.
THE NIGERIAN TAX ADMINISTRATION IN PERSPECTIVE: THE WAY FORWARD
(Gravitas LBR Ltd, 2015) AKINTOYE OLARIYIKE DAMOLA
Abstract The low revenue yield from taxation in Nigeria is attributed to the ineffectiveness of tax administration. The article emphasizes the importance of effective tax administration to the tax system and avers that the best tax policy in the world is worth little if it cannot be well administered. A good tax administration is premised on well-designed tax policies that are administratively feasible. The paper identifies the bodies administering taxes in Nigeria, the functions of tax administrators and some of the challenges facing Nigeria tax administration. Suggestions are proffered on the way forward. It concludes that Nigeria needs a government with strong political will, coupled with well-disciplined administrators to implement its tax policies so as to improve her income generation through effective but equitable taxation. The drastic drop from oil revenue makes this need inevitable.
THE PRACTICABILITY OF SECTIONS 4 AND 5 OF THE ARBITRATION AND CONCILIATION ACT 1988 IN THE NIGERIAN COURT
(Ife-Jurist Review, Journal of Contemporary Legal and Allied issues. 2, 2015) A. O Rufai- Ismail and K. Y Olatinwo
The Arbitration and Conciliation Act (ACA) 1988 is inspired by the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards of 1988 . One of the purposes of its enactment was to implement Nigeria’s obligations under the Convention on the Recognition and Enforcement of Foreign Awards. The Act , though still remains the major statute regulating arbitration in Nigeria, has created an irreconcilable situation for the regular court in its dealing with any application brought before it relating to stay of proceedings. Evidently the intention of arbitration as an alternative dispute resolution process (ADR), is just like it is called, to look for a means of settling dispute without the Court’s interference. Notwithstanding, the Act recognises and created an opportunity for parties to seek the Court’s intervention when either parties intend to renege on his part of the agreement reached but in so doing, it created a confusion by not only duplicating the provisions but making the provisions contradictory. This paper intends to examine the provisions of these contrasting sections i.e Sections 4 and 5 of ACA and the their a practice/applications in the regular Courts.
Dispute Resolution options in the legal Regimes Regulating Outer Space Activities.
(Indian Journal of Air and Space Law, 1, 2015) Olatinwo Khafayat Yetunde
There is no gainsaying to the fact that since the space race/age in 1957, outer space has been utilized for different beneficial purposes particularly in the areas of Communication (tele-education, tele-medicine), Earth observation surveillance, population monitoring, war advantages etc through launching of different satellites that has now assumed commercial interest in satellite communication sector, launching services and remote sensing. The commercial activities in outer space are very welcome idea, however, just like in any commercial activities, dispute is inevitable. It is then left for a viable dispute resolution mechanism to be put in place in an effort to resolve the peculiar nature of dispute that may arise in the utilisation of this unique environment. It is the intention of this paper to assess the dispute resolution options available to States, non-governmental organizations and private entities involved in any dispute arising from space activities.
THE LEGAL DEFINITION OF OUTER SPACE
(Ife-Jurist Review, Journal of Contemporary Legal and Allied issues., 2015) Olatinwo K.Y
Where does Outer Space begin? What is the legal boundary between Outer Space and Airspace? The issue of spatial delimitation is still a burning issue at the international level and receiving different opinions in answer to the solution which automatically doesn’t answer or resolved the issue. Despite the efforts of the United Nations Committee on the Peaceful uses of Outer Space at finding the tin line between Outer Space and Airspace, the solution still remains invisible. The purpose of this paper is to proffer an answer by offering a different perspective on how the issue of the absence of a legal boundarycan be tackled with particularly in the formation of future Customary International Law concerning the delimitation of Outer Space and air space. In doing so, this paper would analyze the opinions and response of actors of Space to know the option that is more general and receiving popular acceptance by the International Space Community.
FEDERAL INLAND REVENUE SERVICE'S INFORMATION POWER VIS-A-VIS BANKS SECRECY REGULATIONS IN NIGERIA: A CRITIQUE
(EKITI STATE UNIVERSITY, AD0-EKITI, 2015) Olokooba S.M and AKINTOYE O.D
The thrust of this paper is a critique of the Federal inland Revenue Service's right to classified information on bank customers' Via-a-vis bank secrecy regulations. in doings this, the paper examines different categories of Federal Inland Revenue Service's information and investigation powers, taxpayer's right to notices and the issues of professional privilege in banker/customer relationship. the paper critically examines, whether, seeking protection under the professional privilege could avail or protect the bankers just like the legal practitioner from divulging client information to FIRS. the finding of the paper reveals that, unlike the legal practitioners, the banker cannot avail himself this protection. however, in order to guarantee taxpayers right to notices, freedom of expression as well as right to privacy, apart from the amendment of section 26(2) Federal Inland Revenue Service Act and 47(5) Personal Income Tax Act, the paper also recommends that the taxpayer should be allowed to have access to a copy of the third party notice so as to know the information sought on them by FIRS and to be able to defend themselves.

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