Faculty of Law

Permanent URI for this community

https://kwasuspace.kwasu.edu.ng/handle/123456789/11

Browse

Now showing 1 - 20 of 170

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
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.
A COMPARATIVE REVIEW OF MODERN CONCESSION CONTRACT (MCC), AND PRODUCTION SHARING CONTRACT(PSC)
(FACULTY OF LAW, ALHIKMAH UNIVERSITY, 2015-07-18) MAGAJI W. OWOLABI, KUDIRAT
The importance of oil and gas to the growth and development of world energy supply cannot be over emphasised. There are four basis arrangements to develop petroleum between host countries and the multinational oil companies: they are Modern Concession Contract (MCC), Production Sharing Contract(PSC), Participation Arrangement (PA) and, the Service Agreement (SA). This paper is principally concerning with Petroleum Upstream Contract and Arrangements. Upstream are all the services required to find and produce the oil and gas. Therefore, the focus of this paper is to examine the two basic systems of Modern Concession and Production Sharing Contract Arrangements, and see how host countries can make legal and contractual terms as attractive as possible to foreign investors, while still protection the critical interests of their states.
A CRITICAL ASSESSMENT OF ENFORCEMENT MECHANISM UNDER CUSTOMARY ARBITRATION PRACTICES IN NIGERIA.
(FACULTY OF LAW, UNIVERSITY OF MAIDUGURI, 2019-04-19) KUDIRAT MAGAJI W.OWOLABI
The article examines the existence of customary arbitration and the enforcement of its awards in Nigeria prior to the emergence of adversarial system of resolving disputes which was introduced by the British colonial administration. The aim is to discuss the historical background and the enforcement mechanism under customary arbitration practices in Nigeria. the article examines, in the constitutional and judicial contexts, the question of how the practice of customary arbitration has bee recognised in Nigeria. the article further contends that by the arrival of the British, certain conditions must be satisfied before arbitration conducted under customary law could be valid and enforceable. However, the introduction of the English legal system which is litigation centered did a lot of damage to customary system of dispute resolution. The unjustified conditions introduced which was influenced by the British doctrines for the enforcement of customary award has no basis in law and is detrimental. It is further argued that the attitude of our judges towards customary arbitration is inspired by an inherent colonial legacy which can be traced to the colonial sense of supremacy which relegates customary law to a status inferior to English law and the failure on the part of our judicial officers to creatively outgrown that legacy
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.
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 Fibi S'ólóore- A Study of Olúṣẹ́gun Ọbásanjọ́ as a Fringe Yorùbá Elite .
(Pan African University Press, 2021) Animashaun, Oyesola
Yorùbá minstrels highlight varied aspects of a person’s ancestral attributes. A constructed poem for a Yorùbá lineage, A fibi sú olóore, tí ó ta àna rẹ̀ lọ́fà, (an ingrate, who repays his in-laws by shooting at him) seem to fit Ọbásanjọ́ like a glove. The aim of the study is to identify the extent to which Ọbásanjọ́ has advanced himself by using the Yorùbá ethnic currency; and had advanced laws and policies which are detrimental to the Yorùbá national interest. The methodology adopted is qualitative and reliance is placed on Ọbásanjọ́’s own accounts, the undisputed renditions of his superiors, colleagues and associates. The work is examined through the prism of Machiavelli and elite theories. The study revealed that the mainstream Yorùbá elites continually fall prey to Ọbásanjọ́’s devices and concludes that the subject used the Yorùbá ethnic currency as a passport to glory in Nigerian public life at the detriment of his nation.
A Judicial Misconcpetion of Mosque Dispute in a Common Law Jurisdiction: The Supreme Court's Declaration of High Court's Jurisdiction in Imamship Dispute in Nigeria
(Miyyeti Research and Publications, 2017-03) Syed Abdulkader, Sharifah Zubaida; Ishola, Abdullahi Saliu
The Supreme Court of Nigeria declares jurisdiction for the State High Court in Imamaship Disputes on the ground that such disputes does not fall within the purview of Islamic Personal Law matters as spelt out in the 1999 Constitution of the Federal Republic of Nigeria. Whereas waqf is listed as an Islamic law personal law matter and Mosque is by law considered a waqf. This implies that Imamahsip dispute is a waqf management dispute. Therefore, the State High Court ought not to have jurisdiction. This paper examines the decision of the Supreme Court in the case of Abdulasalam v. Salawu whereas the erroneous decision as reached.
A LEGAL ANALYSIS OF GENDER DISCRIMINATION AT THE NIGERIAN AND SOUTH AFRICAN WORKPLACE
(Ife Centre for Psychological Studies, 2019-12-29) Oyesola Animashaun
The issue of workplace discrimination based on gender is contentious in countries like Nigeria and South Africa, with many authors questioning the status quo that seems to favour a particular gender. There have also been arguments on the legal regime and anti-discriminatory laws best suited to address the observed gender inequality in Nigeria and South Africa. Thus, this article examines the adequacy of the laws promoting gender equality at the workplace in Nigeria and South Africa. The article adopts qualitative method to analyze both the Nigerian and South African anti-discriminatory laws, especially as it relates to achieving gender equality in the workplace. The article finds that the South African statutes on gender equality is more robust than the Nigerian statutes. South Africa has also developed institutions, mechanisms and policies to administer these laws. Consequently, the article concludes that there is a need to tighten Nigerian laws on gender equality by developing strong laws and institutions like the South African system in order to deliver equality at the Nigerian workplace. Further, this article recommends that the adoption of affirmative action in Nigeria should be done with caution in order not to compromise merit.
A Legal Analysis of the Protection of the Rights of Persons with Disabilities During the COVID-19 Pandemic in Nigeria
(Florida International University, USA/ African Law Institute/Brill Nijohoff., 2022) Animashaun, Oyesola & Chitimira, Howard
Persons with disabilities are often discriminated against in society on the basis and/or grounds such as race, ethnicity, cultural beliefs, as well as religious beliefs. Moreover, there is a general negative societal attitude and a negative perception against persons with disabilities globally. For instance, persons with disabilities are negatively treated as a charitable problem of the society in many countries, including Nigeria. This approach could have deliberately or inadvertently led to the omission of the specific rights of persons with disabilities from the list of fundamental rights under the Nigerian Constitution, 1999. However, the recent enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, could be a positive step in addressing numerous challenges such as poverty, unemployment, discrimination, and health care problems that are faced by persons with disabilities in Nigeria, especially in the wake of the novel coronavirus (COVID-19) pandemic. Against this background, the article discusses the challenges that are encountered by persons with disabilities in Nigeria during the COVID-19 pandemic. This is undertaken to, inter alia, assess the adequacy of the legal and constitutional protection on the rights of persons with disabilities, especially during the ongoing COVID-19 pandemic in Nigeria. Moreover, the flaws and gaps in the current legal and constitutional regime for the protection of the rights of persons with disabilities in Nigeria are discussed. Thereafter, possible recommendations to curb such flaws in Nigeria are provided
A New Guide to the Principles and Practice of Mīrāth in Nigeria
(Centre for Islamic Heritage, Al-Hikmah University, Ilorin - Nigeria, 2022-04) Arikewuyo, Nafiu Ahmad; Ishola, Abdullahi Saliu; Waliyullahi a. Adeyemi
This book contains five chapters covering various subjects on on Shariah Practice, Principles of Islamic Inheritance, Practical aspects of Islamic Inheritance and case studies. The chapters are written by experienced scholars who are practitioners and specialists in the field.
A REVIEW OF HISTORICAL DEVELOPMENTS AND LEGAL REGIMES OF ENFORCEMENT OF FOREIGN AWARDS IN NIGERIA In Perspectives on Public and International Law Prof Alero Akeredolu (ed)
(Faculty of Law, Ajayi Crowder University, 2018-08-11) KUDIRAT MAGAJI W. OWOLABI & MUHAMMED MUSTAPHA AKANBI
The comparative advantages of arbitration over litigation in recent times have made it increasingly necessary for businessmen to include arbitration clauses in international contracts. However, the arbitral proceedings and subsequent award will amount to a colossal waste of time and resources if a winning party to the arbitral proceedings is unable to have the award enforced. The focus of this chapter is, therefore, an examination of the historical developments of the enforcement regimes of arbitral awards in Nigeria. the various legislations, from the colonial period till present, relating to the enforcement of arbitral awards in Nigeria are discussed in the chapter. Before the era of colonialism in Nigeria, the natives who inhabited the place now known as Nigeria used to settle disputes and differences in accordance with the prevailing customary rules and practices of the time. Indeed, the arrival of the English and the introduction of Western contracts with the attendant international flavor made the use of native forms of dispute resolution grossly inadequate.
A SWOT Analysis of the Dispute Resolution Mechanisms in the Islamic Finance Industry in Malaysia
(Grosvenor House Publishing Limited, 2020) Zubair, Aishat Abdul-Qadir; Professor Dr. Rabiah Engku Adawiah Ali
This chapter is divided into seven sections. The first section gives a general introduction and section two examines the court process as a mechanism for the resolution of Islamic finance disputes in Malaysia. This is followed by the third section that evaluates the use of arbitration under the auspices of the Kuala Lumpur Regional Centre for Arbitration (KLRCA). Section four deals with the court-annexed mediation under the auspices of Kuala Lumpur Court Mediation Centre (KLCMC); while section five deals with mediation/adjudication under the auspices of the Financial Mediation Bureau (FMB). The process of mediation under the Malaysian Mediation Centre (MMC) is the main aim of section six while the last section which is section seven gives a general conclusion.
Administration of pension funds under Nigerian new contributory pension scheme: A review under Islamic Law
(Faculty of Law, Kwara State University, Malete., 2022-12-31) Onikosi Ahmeed Adedeji; Adekunle A . Aminu; Ahmed A. Muhammed-Mikaaeel
Search for financial security after active service years of employees in Nigeria gave birth to pension scheme regimes in Nigeria. The focus point of the new pension scheme is security of funds and reasonable investment for profitability. Lots of Muslim subscribers have been complaining against the present administration regime of their pension funds. Hence, this paper examines the administration of funds under the new contributory pension scheme from Islamic law perspective. The paper adopts doctrinal method of legal research. It was discovered that Shari’ah is very much interested in what happens to Muslim funds inclusive of the pension funds. The paper discovered further that the administration of pension funds in Nigeria is marred with gharar, riba and maisir and thus violates Shari’ah tenet. The paper discovered also that the present structure of pension scheme in Nigeria which lacks Shari’ah Advisory Board has been responsible for the continuous violation of Shari’ah tenet in the administration of pension funds. The paper thus principally recommends amendment of the extant pension regime to pave way for Shari’ah Advisory Board to guide on administration of pension funds.
ADVOCATING FOR A GENDER RESPONSIVE BUDGETING IN NIGERIA A JOURNAL OF PUBLIC AND INTERNATIONAL LAW
(Department of Public and International Law Faculty of Law Nasarawa State University, Keffi, 2020) AKINTOYE OLARIYIKE DAMOLA and Bukola Oyaleke
Abstract In Nigeria most women belong to the class of the poor and marginalized. They are particularly vulnerable to poverty which is getting worse in the face of the global economic crisis. Even though the labor force especially in the informal sector is dominated by women, their contribution are rarely recognized. There is the need for government to be mindful of how the different economic policies and measures they introduce affect the women folk. As gender equality is a fundamental human right, the inter-connection between the human right legal framework and the government revenue policies as they affect women remain necessary and important in the context of promoting sustainable human development. The objective of this paper is to stimulate discussion on the importance of introducing gender perspectives into budget reform processes and to increase awareness of how the Nigerian Budgeting System create potential gender biases or inequalities in some identified economic areas, such as unpaid care, informal economy, household consumption, property and assets ownership. The paper also draws attention to gender biases in the area of job segregation, weak access to basic service, wage gap and gender inequality in taxation amongst others. The paper recommends amongst others, a gender responsible budget aimed at restructuring revenue and expenditures in such a way that needs, interest and priorities of both female and male citizens are equally taken into consideration, that the girl child should be educated to the highest level possible and more woman should acquire skills sought in non-traditional occupations. In conclusion, the issue of gender bias should be addressed by putting in place necessary institutional and regulatory measures.
Alternative Dispute Resolution in Family Disputes: An Appraisal of Financial and Property Rights of Muslim Women in Nigeria.
(Jabatan Kehakiman Syariah Malaysia & Ahmad Ibrahim Kulliyah of Laws, Malaysia, 2021) Zubair, Aishat Abdul-Qadir; Kudirat Magaji Owolabi Wopa
In Nigeria, Muslim women hardly enjoy the rights which may avail them in Shari‘ah during the marriage or at divorce. Financial support and property rights are fundamental issues that need to be resolved. Hence, depriving women of their entitlement of these rights often leave them at an economically disadvantaged position. The implication of this situation to the society at large cannot be overemphasised since women build generations in years to come. The current position of the Common law as well as the strict property rights approach of the courts clearly cannot offer justice to women. Hence, there is need for alternative route to access justice. The article aims to examine the aptness of Alternative Dispute Resolution (ADR) mechanisms in family disputes related matters and hindrances to the use of ADR to enforce financial and property rights of women in Nigeria. The article recommends among others the amendment of the Marriage Act, Matrimonial Cause Act and Matrimonial Causes Rule, Court Rules to capture both Islamic and conventional ADR mechanisms and enforcement of its outcome.
AMNESTY AS ANTIDOTE TO TERRORISM: LEGALITY OR OTHERWISE UNDER INTERNATIONAL AND ISLAMIC LAWS
(DEPARTMENT OF ISLAMIC LAW FACULTY OF LAW, AL-HIKMAH UNIVERSITY, ILORIN, NIGERIA, 2019-06) Salman, Kamaldeen Olaitan
The menace of terrorism is increasing geometrically across the globe. Many lives and properties have been lost in the process and the losses are still counting. Many countries of the world have been affected including Nigeria. In Nigeria, Bokoharam have established themselves as dreadful terrorists in the North Eastern part of the country. They have claimed many lives, destroyed many properties and left other permanently maimed for life. This has caused for serious concern with a view to finding a lasting solution to the unfortunate situation. This made the Federal government of Nigeria to propose granting amnesty to the dreadful Bokoharam with a view to laying their menace to rest. Hence, this study, which is essentially literature based with particular emphasis on the relevant international legal framework on the concept of terrorism and amnesty as antidote for the menace of terrorism as well as various relevant injunctions from the Holy Qur’an, examines the subject matter of this research both under the international law and Islamic law. The study also examines the effect of amnesty and its impact on terrorism under the two areas of law. The paper argues that amnesty is a valid solution to act of terrorism both under the International and Islamic Laws. The article further stated that if the identified and highlighted conditions stated for sincere repentance by the terrorists are met, amnesty stands a better chance of eradicating the menace of terrorisms in Nigeria. The study recommends that the federal government should strictly ensure that the Bokoharam terrorists meet the conditions of repentance before they could be granted amnesty as was done in the West in the past.
AMNETSY, PEACE AND JUSTICE: FINDING THE MIDDLE ROAD
(FACULTY OF LAW, AHMADU BELLO UNVERSITY, 2017-09-17) KUDIRAT MAGAJI W. OWOLABI; MUTIAL ABDULSALAM LA-KADRI
The crisis afflicting the country range from leadership crisis, bitter and rancorous politics, unpreceded criminality and attendant insecurity, Boko Haram insurgency, kidnapping, ritual killings, human trafficking and economic crimes. The question is: Justice or Peace? Basically, that is what it boils down to. Since the beginning of the offensive by insurgents in Nigeria, there has been widespread debate about how to bring the bloody onslaught to an end. In the last administration, it seemed as if the government struggled in trying to get an upper hand in the conflict with the insurgents. Now that the new government (Buhari Administration) is in place, the problem of how to extinguish this threat has risen to the fore of the government’s urgent policy. Talk of the administration possibility offering amnesty to the insurgents in return for them to lay down their arms litters the air. However, with so many divergent voices lending themselves to the debate of whether the particular strategy developed along the lines of amnesty is appropriate given the surrounding circumstances. The general objective of this paper is to access the impacts, challenges and sustainability of the amnesty programme and the political settlement leading to it, as a strategy of conflict resolution and peace building at the sub-national level. The study attempts to critically interrogate the content and methods of the Amnesty on the basis of issues of inclusiveness, equity, justice and impacts on violence mitigation, conflict resolution and peace building, and national -building and national stability.
An Analysis of Dispute Resolution Mechanisms in the Islamic Banking and Finance Industry in Malaysia
(Fakultas Hukum Universitas Ahmad Dahlan, 2020) Zubair, Aishat Abdul-Qadir
Introduction to The Problem: With the increasing boost to the Malaysian Islamic finance industry and the sophistication experienced in the industry with regards to product development, there is a substantial downside of such enviable achievements, which is the gradual surge in the number of disputes involving Sharia-compliant transactions. It is therefore important to analyse the existing dispute resolution mechanisms in the Islamic finance industry in Malaysia. Purpose/Objective Study: The article aims to analyse the court system as a dispute resolution mechanism as well as the other alternative dispute resolution mechanisms available to parties in resolving the dispute in the Islamic banking and finance industry in Malaysia. Design/Methodology/Approach: This study adopts a doctrinal legal method in examining the relevant Islamic dispute resolution mechanisms that are unique to Islamic finance disputes. Findings: The findings of this research reveal that some issues are causing untold hardships on parties in Islamic finance contractual disputes with the present jurisdiction of the courts in Malaysia. It is in line with the hypothesis of the research that the continued preference for litigation as a means of settling disputes in the Islamic finance industry is not sustainable due to the paradigm shift in dispute resolution involving financial matters globally
An Analysis of the Legal Regime of Pension Administration in Nigeria
(University of Uyo, 2022-07-30) Ahmed Abiodun Muhammed-Mikaaeel; Ahmeed Adedeji Onikosi
This paper analyses the legal regime for pension administration in Nigeria. Based on the various reports implicating various criticisms against the current legal regime on the pension scheme in the country, this paper provides content analysis with the aid of the doctrinal method. It examines the legal regime for pension in Nigeria from 2004 to 2014. The paper x-rays the inherent shortcomings in the 2004 pension scheme giving rise to the 2014 pension scheme. The laudable benefits of the 2014 pension scheme are orchestrated. However, the paper finds that there are inherent lapses, which include lack of direct prosecutorial power on the part of the relevant agencies, unjust and insensitive exclusion of the state and local government workers from the coverage of the current pension scheme and non-Shari’ah compliant approach of the pension scheme. It therefore recommends amendment of the current pension regime to get rid of the inherent shortcomings.

Browse

Browsing Faculty of Law by Title

Results Per Page

Sort Options