Department of Jurisprudence and Public Law

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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
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
THE IMPERATIVE OF AN ATTITUDINAL CHANGE ABOUT THE PRACTICE OF LAW IN NIGERIA: A CRITIQUE OF THE INTERDEPENDENCE OF ADR AND THE JUDICIARY
(Nnamdi Azikiwe University Awka Journal of Public and Private Law. Vol 5 2013; 233 – 244,Published by the Dept. of Public and Private Law, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State Nigeria., 2013) Ayinla-Ahmad Bilikis Ph.D*; Ayinla Lukman A; *IBRAHIM TAIYE ABDULHAKEEM
It is generally viewed that Nigería among other African countries have greater propensity for the practice of law, this stem from its history of colonization by the British, as such legal practice in Nigeria is now a common place. The level at which Nigerians value and read law either as first degree or as second degree is so alarming that virtually in every family either nuclear or extended there is at least one lawyer (legal practitioner). This in effect shows the natural flair for Law in Nigeria. However, there is a general trend in the thinking that all the legal profession entails is the practice of law as legal practitioner who goes to court to argue cases (litigation) and anything short of this is not generally perceived as a serious practice of law. In effect, this has adversely affected the administration of justice. It is contended that there is more to this in the sense that there is the need for a change of attitude as to what the legal practice entails, and the need for a strong connectivity between ADR and the court to achieve a change of the public perception on the practice of law generally. An attempt is made to show that the practice of law encapsulates practice as an ADR practitioner and as such strengthen the consensual dispute resolution culture so that the court is not bogged down with unnecessary litigation-ef disputes/issues that may be trashed out or resolved through consensual methods.
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.
RIGHT TO LIFE AND ABORTION:COMMON LAW AND ISLAMIC LAW PERSPECTIVES
(KOGI STATE UNIVERSITY OMENE FOR SEU PEUNE FOUNDED 1999 ANYIGBA JOURNAL OF ARABIC & ISLAMIC STUDIES A Publication of the Department of Arabic and Islamic Studies, Kogi State University,Anyigba Vol. 6 No. 1, 2013 (1434), 2013) Ayinla-Ahmad Bilikis Ph.D*; HANAFI A. HAMMED,PH.D.
The practice of abortion dated back to the ancient times. Pregnancies were terminated through a number of methods including the administration of abortifacient, herbs and the use of sharpened objects. Others are application of abdominal pressure and other techniques'. The first recorded evidence of induced abortion was from Egyptian "Ebers Paprus' in 1550 B.C. Chinese recorded a number of royal concubines who had legendary emperor Shennona prescribed the use of mercury to induce abortion ncarly5000 years ago.4 Many of the methods employed in early and primitive culture were non-surgical physical activities like strenuous labour, climbing, peddling, weightlifting. fasting, bloodletting, pouring hot water into abdomen and lying on heated coconut shell. Abortion through gynaecological procedure was primarily within the province of women who were either midwives or well- informed lay people. Plato in his Theatetus6mentioned a midwife's ability to induce abortion in the early stage of pregnancy. In South East Asia, the technique of abortion involved the application of pressure on the pregnant abdomen which was practiced for centuries. One of the major reliefs decorating the temple of Angkor Wall in Cambodia, dated back to 1150 B.C depicts a demon performing such an abortion.
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.
Applicability of Alternative Dispute Resolution and Plea Bargaining in the Nigerian Criminal Justice System
(AFRICA NAZARENE UNIVERSITY LAW JOURNAL, 2014) Ayinla-Ahmad Bilikis Ph.D*; LA Ayinla,; GH Olusola
This article discusses the applicability of two 'informal' approaches to the resolution of conflict: alternative dispute resolution (ADR) and plea bargaining. More particularly, the article examines the relevance of these two approaches to the Nigerian criminal justice system. Widely used as a means of resolving civil disputes, ADR also has a role to play in the achievement of criminal justice. The article examines this role in some detail. Attention is also given to plea bargaining in the context of the country's criminal justice framework. The article proposes that the parties to a criminal dispute, and society at large, might benefit from a more extensive use of plea bargaining, which remains underdeveloped in Nigeria.
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
The ACJ Act 2015, Plea Bargain and Other Innovations: A ReviewTowards Peaceful Resolution in Nigeria
(Kampala International University ISSN: 2415084-3; 1(2): 257-275, 2016) DR. BILIKIS AYINLA-AHMAD; UKMAN AYINLA; JOHN AYODELE
There has been much agitation for a total overhaul of the laws regulating administration of criminal justice in Nigeria. Thus, the signing into law of the Administration of Criminal Justice Act, 2015 was in response to the calls for the reform of the Nigerian criminal justice system. The various laws that govern the criminal justice system were dearly in need of amendment because they were no longer in tune with the reality of time in criminal justice system and the trend of criminal justice administration in the world and, indeed Nigeria. This article seeks to attempt an analysis of the Act in other to point out the salient innovations in the Act, with particularly reference to the inclusion of plea bargain as an ADR Mechanism and the need for a continuous reform.
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.
AN APPRAISAL OF THE NEXUS AND DISPARITIES BETWEEN ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
(NAUJILJ 8 (1) 2017, 2017) Ayinla-Ahmad Bilikis Ph.D*
Abstract Peaceful resolution of disputes through ADR mechanisms now seems to be the emerging trend. Globally ADR had since been accepted as a viable and veritable means of resolving disputes. However, there have been various arguments and controversies on what constitute ADR and whether it includes Arbitration. In Nigeria for example when ADR is mentioned the general perception and understanding of an average person is reference to Arbitration. Thus, this paper adopts the narrative as well as the comparative analysis to interrogate some perspectives to espouse the nexus, disparities and ultimately determine whether Arbitration is part and parcel of ADR or not. The paper shows and found that both mechanisms are geared toward peaceful and harmonious settlement of disputes.
ABERRATIONS OF CONSTITUTIONAL PROVISIONS TO GOOD GOVERNANCE AND SOCIO-ECONOMIC DEVELOPMENT IN LOCAL GOVERNMENT OF NIGERIA.
(Al-Hikmah University Journal of Public and International law (AUJPIL) Vol. 1(1).125-140 Published by Al-Hikmah University Public and International Law Department, Ilorin, Nigeria., 2017) Ayinla-Ahmad Bilikis Ph.D*; HANAFI A. HAMMED, Ph.D*; MARYAM BAYERO-JIMOH; ADIO SALIU WAHAB, Ph.D
The study seek to examine the effects and aberrations of Constitutional provisions to the effectiveness of local government as the third tier of in the local government administration. The study relied on primary Federal Republic of Nigeria, textbooks, journals, newspaper and internet. The study revealed that the constitutional provisions relating to local government have wreck serious havoc to the effectiveness of local government as the tier of government in Nigeria. The study therefore recommended that the Constitution should grant the Local Government the rights to conduct their own affairs ranging from conducting elections into the local governments, disbursement of allocations and other funds accruable to them from the Federation Account. Henceforth, local governments should be receiving their revenue allocation directly from the federal account and that the Joint State Local Government Accounts should be abolished. Human rights issues should be integral to development and there is need to strengthen the existing human rights initiatives and institutions that will have direct bearing on local people. Also local government must contained in. the New Partnership for Africa's Development/African Peer Review Mechanism declaration on democracy and good governance.

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