Browsing by Author "Adeyemo, D. D."

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Combating forced displacement in sub-saharan Africa: rethinking Africa’s position on illegal trafficking in firearms
(Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, 2018) Adeyemo, D. D.
United Nations Refugee Agency (UNHCR) annual global trend study shows that as at the end of 2017, 68.5 million people have been, forcefully displaced around the world chiefly as a result of war, violence and persecution. Sub- Saharan Africa hosts the largest states on the African continent beset with displacement of persons across the continent. These displacements have been attributed to internal armed conflicts, poverty, famine, drought among other plaguing issues. This paper examines the problem of insecurity caused by internal armed conflicts as an overarching cause of displacement. Internal armed conflicts are fuelled through the dynamics of arms trafficking. In a bid to curb the growing trend of displacement of persons, there is an urgent need to tackle the issue of proliferation of firearms through illegal trafficking. The weapons in themselves are not the cause of internal armed conflicts but their availability within a polity and easy access to them fuel armed conflicts and discourage peaceful resolution of such conflicts. This paper advocates for multilateral co-operation among African states to place a moratorium on the proliferation of firearms within the continent. States need to be more proactive in their approach to combating illicit trafficking in firearms across their borders and prosecution of perpetrators within and across their territories.
Corruption in the defence sector and armed conflicts in Nigeria: defining the nexus
(Department of Public Law and Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2017) Adeyemo, D. D.
Ordinarily, armed conflicts and corruption appear disparate, but studies have shown that the two concepts are not unconnected. While a comprehensive definition of corruption seems elusive, it is clear that it plays an overarching role before, during and after armed conflicts. In the last decade, Nigeria has suffered immensely from the ills of internal armed conflicts which are easily traced to poor governance, ethnic/religious crises, political and economic inequality, insurgency and so on without any direct link to the role of corruption. This paper attempts a theoretical explanation for the link between armed conflicts in Nigeria and corruption in the Defence sector with specific focus on Boko Haram insurgency in the north-eastern part of Nigeria. The paper examines the capacity of a state to offer good governance and provide security within and around its borders and its direct impacts on the incidence and dynamics of internal armed conflicts. The greed and grievance theory may have proffered the possible nexus between internal armed conflicts and corruption but the exact role of corruption in armed conflicts is situation-specific. While corruption may not necessarily initiate internal armed conflicts, it may be an underlining factor in shaping the incidence, duration and character of armed conflicts. In about a decade since the insurgency started, Nigeria has suffered immensely from and is still grappling with the ills of internal armed conflict. The susceptibility of the Nigerian defence system to corruption and manipulative activities of politicians reveals the ills of corruption before, during and after armed conflict. Corruption in arms and military equipment procurement, lack of transparency in military expenditure and contracts, laundering of proceeds of such corrupt deals by corrupt military officials have far-reaching consequences in exacerbating armed conflicts. This paper focuses on the Armsgate scandal of 2014 and the subsequent report by Transparency International (TI).
Human right-based approach to disaster risk management
(Safari Books Limited, Ibadan, 2018) Adeyemo, D. D.
Since the beginning of the 21st century, there has been an increasing trend of disasters caused by natural hazards such as earthquake, tsunami, hurricane, flood etc., and trends in climate change show increasing vulnerability and exposure of people to such disasters. Disasters have huge economic, environmental and social impacts ranging from loss of life, injury, disease displacement and other negative effects on human, physical, mental and social wellbeing, to damage to property, destruction of assets, loss of services, social and economic disruption, and environmental degradation. While disasters predispose victims (especially vulnerable groups such as children, women and persons with disabilities) to human rights violations emanating from disaster impacts, disaster risk management requires a holistic approach which integrates the rights of victims. Disaster risk management encompasses a systematic process of implementing strategies for preparing, responding and recovery from disaster in order to lessen the adverse impacts of hazard and reduce the possibility of disaster. Thus, human rights protection forms an important part of disaster risk management. The United Nations presupposes that human rights principles should guide disaster risk management, ranging from pre-disaster mitigation and preparedness measures to emergency relief and rehabilitation efforts. Even though there are a number of international soft law instruments concerning the rights of victims in disaster and State obligations in disaster prevention and management activities, the operational context of these rules should be explored in order to ensure an effective disaster risk management regime. Human rights may also provide appropriate mechanisms for compensation for preventable disaster losses. This article considers the subject of disaster risk management from a human rights perspective.
Organ trafficking: an emerging dimension of illegal trafficking in Nigeria and sub- saharan Africa
(Department of Private & Property Law, University of Port Harcourt, Rivers State, Nigeria, 2022-04) Adeyemo, D. D.
In the last decade, organ trafficking has become one of the ‘booming’ illegal businesses in Nigeria. An array of transnational syndicate is reportedly, responsible for the traffic of illegally harvested human organ across sub-Saharan Africa to the coast of Asia, with India and China identified as top destinations. In 2020, there were reports on popular markets for clandestine sale of human organs in cosmopolitan cities such as Lagos, in Nigeria where, human organs are sold for sums ranging between $ 2,000 US Dollars to $ 3000 US Dollars. There are alleged reports of organ harvesting and export via human trafficking. With increasing reports on the spate of banditry, kidnappings, general insecurity and missing persons in Nigeria, it is imperative to examine this dimension of criminality and the possible legal solutions. While Nigeria has legislation against human trafficking such as the Trafficking in Persons Law Enforcement and Administration Act 2015 and a specialised agency for human trafficking National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Nigeria is only waking up to the sad reality of this dimension of illegal trafficking and has no specific legislation in place to tackle it. This paper examines the legal framework on human trafficking in Nigeria against this backdrop. It adopts a doctrinal and desktop legal research approach in analysing the existing laws on human trafficking and the emerging dimensions of organ trafficking. It considers Nigeria’s legal obligations against the emerging dimensions of illicit organ trade. It proposes a more proactive approach to the subject of organ trafficking in addressing organ trafficking in Nigeria.
An overview of the principle of complementarity in international criminal law
(Department of Public Law, Faculty of Law, University of Jos, 2016-09) Adeyemo, D. D.
The Rome Statute of the International Criminal Court (ICC Statute)1 established the International Criminal Court (ICC) with jurisdiction over international core crimes outlined in Article 5(1) of the Statute. 2 In the same vein, states within the international community have the duty to prosecute these core crimes under international customary law.1 In effect, the jurisdiction of national courts runs concurrently with the jurisdiction of the ICC over these core crimes. This raises the issue of precedence of jurisdiction identified with the operation of previous ad hoc international criminal tribunals4 * which had primacy in the exercise of jurisdiction over national courts of states where they operated. The jurisdiction of the ICC is however founded on the principle of complementarity which gives primacy to national courts over the ICC. The principle of complementarity, though not necessarily a new concept, is expounded by the provisions of the ICC Statute. This article is an overview of the principle of complementarity as articulated in the ICC Statute. It examines the provision of Article 17 of the ICC Statute in relation to the jurisdiction of the ICC over international core crimes and the duty of state parties to prosecute these crimes. It concludes on the premise that the principle of complementarity has a few practical issues relating to its application and examines briefly the ongoing preliminary examination of the Nigerian situation by the ICC.
Reparative complementarity in international criminal law and victims of core international crimes in Nigeria
(2020) Adeyemo, D. D.
The Rome Statute of the International Criminal Court evinces a victim- centred concept through the provisions of Article 75, by providing reparations to victims in addition to prosecutions of perpetrators. On the other hand, the operation of the International Criminal Court is built upon the principle of complementarity, which gives primacy to jurisdictions of domestic courts in prosecuting core international crimes over the ICC. Reparations are important to victims, in fact, it may appear that victims who participate in criminal proceedings do so with the aim of getting more than just prosecution of the perpetrators, but much more reparative remedy The concept and practice of reparations at the ICC, especially in the reparation decisions thus Jar, has its own peculiar challenges. Despite the challenges relating to the practice of reparation at the ICC, there is a growing concern as to whether victims have a right to seek reparations from their States and whether States in turn have the obligation of providing reparations to victims following the principle of complementarity. Thus, are Slate parties obliged to incorporate reparations in line with domestic prosecution of core international crimes in fulfilment of their obligations to prosecute? Assuming Stales parties are obliged, what would the principle of ‘reparative complementarity' portend for a country’ like Nigeria where the concept of reparations to victims in criminal law context, appears alien? The paper interrogates the above questions and others in the light of the hundreds of thousands of displaced victims of the insurgency and armed conflicts in the country. The paper adopts a doctrinal and library based approach to examine the concept of reparative complementarity and its practical application to Nigeria's obligations to victims of crime in international criminal law. The paper argues Jar a variant of reparative complementarity which distils two main perspectives of State obligation in reparative complementarity and advocates for a more victim centred approach to criminal justice in Nigeria.