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- ItemCompensation for Death, Injury and Diseases under the Employees' Compensation Act, 2010(Hybrid Publishers, 2013) *Animashaun, O.*The paper examines the compensation paid to the employees for workplace related near fatal and fatal mishaps. It looks also at the contrast between the new Employees’ Compensation Act and those under the repealed Workmen’ Compensation Act (WCA). The paper identifies some problematic areas and lacunae under the 2010 Act and offers appropriate recommendations and suggestions.
- ItemJudicial approach to public policy and its effect on the enforcement of foreign arbitral awards in Nigeria(COVENTRY UNIVERSITY, 2023-02-11) KUDIRAT MAGAJI W.OWOLABIThe growth in the number of international commercial transactions between parties from diverse legal backgrounds and jurisdictions necessitates the establishment of an appropriate mechanism to deal with inevitable conflicts arising from such international contractual relationships.1 International commercial arbitration allows parties to settle their disputes in a dispassionate matter. International commercial arbitration has become the most essential alternative means by which transnational commercial differences can be settled. Parties are allowed to select an unbiased arbitrator, an expert in the area of dispute who has the requisite authority to decide the dispute. The advantage of reaching a speedy decision well as the confidential benefits in the arbitration system have driven a large number of investors to make desirable efforts to give consideration to arbitration by inserting arbitration clauses in their commercial contracts
- ItemApplicability of Limitation Law at the Enforcement Stage of Awards: A Jeopardise to Arbitration System in Nigeria?(KWARA STATE UNIVERSITY PRESS, 2024-11-03) MAGAJI W. OWOLABI, KUDIRATThis paper examines the provisions of the statutes of Limitation Law as it relates to the time limit within which to apply to the courts for the enforcement of arbitral awards. Specific references are made to the Nigerian Limitation Act and Limitation Law of Lagos State. These laws provide for a limitation period of six years within which an application for the enforcement of an award must be brought. The time within which the commencement of an action for the enforcement of arbitral awards in Nigeria has been the subject of considerable concern. There is, however, a concern as regard judicial understanding of these provisions of the Limitation law as it applies to arbitration system in Nigeria. Doctrinal research methodology is adopted thus, the primary and secondary sources of materials have been utilised. The paper concludes that actions to enforce the arbitral award should be construed as a separate and distinct cause of action from that founded on the dispute between parties to an agreement providing for referral to arbitration. Singular provision for arbitration proceeding and enforcement proceeding does not make for a good law. Hence separate statutory time limits should regulate such actions
- ItemAn Integrated ADR Institution as a Better Tool to Secure Socio-Economic Justice in Financial Inclusion Claims in Nigeria(UNIVERSITY OF TURBAT, 2024-07-30) KUDIRAT MAGAJI W. OWOLABIFinancial inclusion (F.I.) and transparent democratic practice in the financial services sector are critical elements that make growth inclusive and sustained. This is so because F.I. is an independent variable that plays a significant role in enhancing sociojustice. Ordinarily, every adult population in any nation/ country should be financially included to access a range of formal financial services at affordable costs. However, a larger population around the globe (including Nigeria) is deprived of participation in the F.I. process. Hence, a detectable financial exclusion can be bothersome, especially for nations whose economies' structural arrangement and social and economic disposition have created an economic variation. The role of integrated Alternative Dispute Resolution (ADR) institutions in enhancing socio-justice in the financial service sector rarely gets noticed. The paper shall examine and analyze the impacts of strengthening integrated ADR institutions to improve socio-economic justice in Nigeria. This is necessary to enhance amicable resolution strategies for Nigeria's F.I. claims/disputes. It, therefore, emphasizes the importance of implementing ADR principles and procedures in F.I. claims to enhance socio-justice. F.I. claims are expected to be resolved faster, cheaper, and fairer. Hence, this paper shall advocate for integrated ADR institutions that are capable of strengthening the financial services sector, which is increasingly complex from a legal perspective.
- ItemALTERNATIVE DISPUTE RESOLUTION IN FAMILY DISPUTES: AN APPRAISAL OF FINANCIAL AND PROPERTY RIGHTS OF MUSLIM WOMEN IN NIGERIA(by Ahmad Ibrahim Kulliyah School of Laws, International Islamic University, Malaysia., 2021-05-07) KUDIRAT MAGAJI W. OWOLABI & Aishat Abdul-Qadir ZubairIn 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.