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
The Effect of Colonialism on the Indigenous Legal System
(Department of Islamic Law, University of Ilorin, 2001) IJAIYA NAJEEMDEEN ADEYEMI
An Appraisal: The Corroborative Evidence of An Accomplice
(Department of Pubic Law, University of Ilorin, 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
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
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
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
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.

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