Department of Jurisprudence and Public Law

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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
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
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 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.
Legal and Regulatory Framework for Resource Diversification in Nigeria: Globalization and the Prospects of Resource Diversification
(Faculty of Law, Benson Idahosa University, 2015-10-10) Solomon O. Afolabi; Halimat Tope Akaje
For some time поw, the mainstay of Nigeria's economy has been foreign exchange earnings from oil sector. The country is reputed to have large quantities of unexploited natural gas and oil reserves. As the largest exporter of oil with the biggest natural gas reserves in Africa, most of the Foreign Direct Investment into Nigeria has gone into the oil and gas sectors, although more recently into telecommunications and manufacturing as well. Oil and gas currently represent 95% of foreign exchange earnings and 80% of budgetary revenues. Consequently, Nigeria faces the task of diversifying and reforming its petroleum based economy. Through the National Economic Empowerment and Development Strategy (NEEDS) adopted in 2003, the government is currently seeking foreign direct investment in the non-oil sectors with particular focus on manufacturing and agro-allied industries. This paper highlighted the legal and regulatory framework for resource diversification in Nigeria
E- Path To Effective Justice Delivery: The Nigerian Courts In Perspective
(Covenant University Press, 2016-04-30) Adelowo Stephen Asonibare; Halimat Tope Akaje
The need to improve the effectiveness and efficiency of the judicial system in Nigeria has necessitated the use of modern information and communication technology (ICT). The conventional method of justice delivery in Nigeria is marred with avoidable delays in the dispensation of justice and lack of transparency. However, the constraints of conventional methodsof judicial system in Nigeria can only be solved by embracing the electronic justice system. Hence, ICTshould be employed in conducting most of the activities in Nigerian Courts, considering its successful adoption and use in some other jurisdictions. This article therefore, aims at examining in extensio a way out from the conventional methods of justice delivery in the area of e-filing of court processes e.g. originating processes, Motions, addresses, briefs and other processes; e-recording of court proceedings; e-archives (to facilitate retrieval of judgments, rulings, etc); and e-probateetc. In doing so, the paper will focus on towing the path of electronic ways in enhancing effective justice delivery in the Nigerian Courts as an antidote to the delays being experienced in the service delivery associated with the conventional method. To achieve this, reliance has been placed on secondary source, emanating from books, case laws, articles in learned journals, conference papers and other relevant materials. This paperwill enlighten Lawyers, Judges, Litigants and other stakeholders in the justice sector on the need to embrace E-justice delivery with the resultant effect of enhancing the effectiveness and efficiency of the judiciary as an arm of the government in Nigeria.
Assessment of the Doctrine of Immunity and Liability of Arbitrator
(BOWEN Law Journal. 1 (1), 2017) Olatinwo Khafayat Yetunde
Alongside the normal judicial/Court mode of settling scores between/among parties, there exist arbitration as an alternative form of dispute settlement especially in respect of commercial disputes. Indisputable, the position of an arbitrator is not clear cut as that of a judge who is appointed with sufficient rules and regulations guiding its functions including the Constitution. An arbitrator may be an ordinary person persuaded by a friend to settle a dispute and may not really think or be aware of the implications of what he/she is doing until his conducts during the settlement process becomes a subject of litigation. Some jurisdictions have taken it upon themselves to enact laws that would regulate such litigation and often times accord immunity to the arbitrator (whether from civil or criminal responsibility). The essence of this paper is to analyse the various practice of countries on the practice of arbitrators immunity and liability, examine the theoretical bases of States option in the adoption of the doctrine of arbitrators immunity and liability and then to proffer justification for those jurisdictions that have accorded immunity to arbitrators and to find rules which may be adopted by other jurisdictions that don't have immunity laws so that when a court is faced with a matter in which “arbitrators immunity” is a subject of the litigation, the judge in the absence of a legal framework may adopt the common Law doctrine of Immunity (as in the Nigeria situation) or find recourse in practices in other jurisdiction or institutions.
Freedom of Exploration and Militarisation of Outer Space
(Lexigentia Law Review 4:, 2017) Etudaiye Muhtar & Olatinwo Khafayat Yetunde
Abstract The attitude of the outer space regime is no doubt to the effect that the environment belongs to nobody (whether as a state or individual) but to everybody (mankind) to explore and use. Ordinarily, the provisions of the international space regimes on ownership of outer space seems convincing enough to conclude that there is absolute freedom to use outer space to ones unending satisfaction, as to justify the use of this pristine environment for military purpose by the super space actors. On further thought, it is a subject of doubt to spring up further probe into the certainty or absoluteness of such freedom given to man in his quest to exploit outer space. To this work, findings as to the true nature of the 'absoluteness of the freedom of exploration and use of outer space vis-à vis its use for military purpose and weaponisation is necessary in determining whether or not it is a matter of 'give and take' in other words, a restricted freedom. This paper would focus on the relevant international law on the use of outer space to determine whether the use is for military purpose, and can be allowed or not, in order to make proper recommendation on the findings.
A CRITIQUE OF NATIONAL RESPONSE TO SPACE ACTIVITIES: THE NIGERIA SITUATION
(Ebonyi State University Law Journal 9 (2), 2018) OLATINWO KHAFAYAT YETUNDE AND IGBAYILOYE OLUWATOSIN BUSAYO*
A Critical Examination of the Enforcement of ICJ Decisions through the Organs of the United Nations
(American Research Institute for Policy Development, 2018-06) Amuda-Kannike Abiodun SAN; Abila Sylvanus
The basis of the establishment of the International Court of Justice (ICJ) is that its decisions should be enforceable and binding on most Nations of the World, but it has been seen that in reality, the decisions of the ICJ over the years have become extremely difficult to enforce leading to the efforts in making sure the said decisions are enforced through several methods other than cohesive or military interference. As a result, it becomes necessary to involve the organs of the United Nations in the enforcement of the ICJ decisions in order not to make the ICJ a toothless bulldog. This contribution therefore examines the usefulness of the organs of the United Nations such as the Security Council, the General Assembly and Secretary-General office among others, in the enforcement of such decisions. It concludes by stating that the usefulness of the organs in the United Nations is not adequately in the enforcement of the decisions of the International Court of Justice.
The Affirmative Action and Women Participation in Politics in Nigeria: An Assessment Study on the Legal Constraint
(College of Humanities, Management and Social Sciences, Kwara State University Malete, 2018-08-07) Halimat Tope Akaje; Adelowo Stephen Asonibare
The participation of women in politics and decision making is one of the major issues that have dominated the world; this is because women constitute about fifty percentage of the world population. The importance of women participation in politics cannot be over-emphasised, considering the fact that women are mothers, social, cultural and political activists. In Nigeria, the affirmative action contained in the National Gender Policy is a strategic tool for enhancing women participation in politics. The policy has brought about tremendous increase in women participation in politics in Nigeria, as more women are willing to participate in both appointive and elective politics. However, the affirmative action is a mere action plan of the executive and falls under Chapter II (Fundamental Objectives and Directive Principles of State Policy) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which makes it non-justiciable. So, where the government fails to abide by the affirmative action, the government cannot be compelled and such cannot be challenged in the law court (as currently being experienced in Nigeria). This paper seeks to discuss the relevance of the affirmative action to the participation of women in politics in Nigeria. The legal constraint to the enforcement of the policy is particularly identified and discussed, while imperative legal measures towards giving legal prominence to the policy are recommended
Competitive Strategies and Firms' Performance: A Comparative Analysis of Selecetd Firms in TeleCommunication Industry
(2019) IBRAHIM BAMIDELE HAMZAT
OWNERSHIP CLAIMS IN OUTER SPACE
(Benson Idahosa University Law Journal, 2019) OLATINWO KHAFAYAT YETUNDE
Ever since a man walked into a notary public office in Pittsburgh in 1936, declaring all the property known as planet, islands-of-space and other matter, supposedly known as A.D Lindsay archapellago, to belong to him, the rate at which individuals, organisations and even States are laying claim of ownership to all or part of outer space have been on the increase. This is despite the provision of Article II of the Outer Space Treaty 1967 which tries to make the environment of the outer space property of all mankind. It is the intention of this paper to assess the relevant international law on the outer space in respect of ownership of outer space in order to ascertain the claimant’s authority in its ownership claim and how such claims have been dealt with. In doing so, this paper adopts doctrinal method of legal research. It defines what outer space is in order to find the dividing line between outer space and airspace in order to specify the areas in which claims of ownership are being made. It also discusses some of the claims seen so far as regards individual, corporate and state claims of ownership of the portions of this environment. It further addresses the provision of the basic space regimes to determine the attitude of these regimes to such claims. At the end, the paper comes up with recommendations that can cater for the lacunas identified in the space Treaties which leads to such abuse of claims. Space Law, Outer Space, Ownership, Right, Individual, Claims
A case for the fusion of anti-graft agencies in Nigeria
(Nnamdi Azikiwe University Journal of International Law and Jurisprudence, 2019-02-20) Sylvanus Abila; Abiodun Amuda-Kannike; Joshua Kprake
This paper interrogates the existence of several agencies in Nigeria and makes a case for the fusion of all anti-graft agencies in Nigeria as it is in some other developed countries in the world such as Singapore and Hong Kong. The paper further highlights the advantages of such a fusion with a conclusion and recommendations.
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.
EFFECTS OF CLIMATE CHANGE ON PASTORALISTS TRANSNATIONAL ECONOMIC ACTIVITIES AND THE NEED FOR SUSTAINABLE MECHANISM IN WEST AFRICA
(Al_Hikmah University Law Journal, 2020-04-30) Shuaib Oniye and Hanafi A. Hammed
One of the most pressing issues facing current generation across the Africa continent is the effects of climate change that necessitate the movement of pastoralists from dryland to green land areas especially during dry season. This movement often affect the farmers and destroy their agricultural produce. This has attracted a lot of condemnation both at national and international levels.owing to the bloody violence and extreme behaviour of the pastoralists while searching for green land areas to feed their livestock. It is not gainsaying that West Africa, as a sovereign region, has unanimously launched a careful campaign to curb the existing crisis of farmers and herdsmen because of their respective economic values. While the response of West Africa region to combat the crisis has been applauded; the lackadaisical attitude by the security personnel manning each country's borders across the region remains problematic. To this end, this paper, while adopting analytical research methodology, seeks to analyse how climate change is affecting transnational economic activities of pastoralist across borders in West Africa region and mechanisms to curb conflicts between herders and farmers The paper argues that there are serious and continuous strategies to curb the spread of transnational movement of pastoralist in the various borders across West Africa region. The paper contends that the available strategies to curb transnational movement of pastoralist are not adequate across our borders as a result of lack of political will on the part of government which remains the ultimate challenges. The paper recommends

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