Browsing by Author "Anifalaje, K."

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Analysis of the rights and duties of insurers in Nigeria
(Ibadan University Press Publishing House University of Ibadan Ibadan, Nigeria, 2018) Anifalaje, K.
The paper analyses the rights and duties of Nigerian insurers at common law emanating from the contractual relationship between the insurer and the insured as amplified or abridged under the statute. It argues that the statutory incursion into the common law rules of uberrimae fidei, insurable interest, conditions and warranties and assignment of policies, circumscribing some of the rights exercisable by the insurer against the insured to defeat just claims as well as expanding the scope of the insurer’s duties in order to improve on service delivery is salutary. The paper, however, concludes that further reform measures, aimed at addressing some other salient issues, are still essential in the overall interest of the insuring public.
The bearing of domicile on marriage and matrimonial causes: a comparative perspective
(Department of Business Law, Igbinedion University, Okada, Edo State, Nigera, 2012-05) Anifalaje, K.
Comparative trends in the status and rights of the illegitimate child
(2013) Anifalaje, K.
This study seeks to examine the dual laws on illegitimacy in Nigeria and the changing fortune of the “illegitimate child” from the colonial era to the landmark provisions of section 39(2) of the 1979 Constitution (now section 42(2) of the 1999 Constitution of Nigeria. Although it has been a little over 33 years now since that Constitutional Provision came into effect, there is still much controversy within the academic circle as well as differing judicial decisions of the Courts on its full import and application. Whilst it is generally agreed and fairly settled from judicial 'Interpretation and application that the said Constitutional Provision has abolished the discriminatory practices against the illegitimate child especially in respect of maintenance and inheritance rights, opinions still differ on whether or not that Constitutional Provision has actually abolished the Status of illegitimacy in Nigeria. This study examines the pernicious effect of the common law policy and the unsavoury attitude of the society towards the illegitimate child and makes a case for the abolition of not only the legal incidents of the Status but also the Status itself. Relevant international and regional conventions on the subject as well as the legislative strides of some select developed and developing countries in their quest towards improving the lot of the illegitimate child and establishing legal equality between the legitimate child and the child born out of wedlock are also discussed with a view to highlighting the path to law reform in Nigeria.
Crystallisation of the floating charge-need for adequate legislative direction in Nigeria
(Department of Private and Business Law Faculty of Law, University of Ibadan, 2013) Aina, K.; Anifalaje, K.
A floating charge is a present security on all or part of the assets of a company which hovers over them but gives the debtor the right to continue dealing with the assets until crystallisation. The process of the conversion from floating charge to its becoming fixed is known as crystallisation. This paper critically examines the current legal regime for crystallisation of the floating charge in Nigerian law. There is no framework on how crystallisation may be activated by the events stated in the Companies and Allied Matters Act 2004. The events listed in the law are grossly inadequate and does not take into consideration other events recognised under the common law and commercial practice. Preferential claims are not adequately protected under the current regime. The paper advocates for an urgent legislative intervention to properly define the floating charge and the regulation of crystallisation events to bring it to current international standards.
Demands of justice in controls of technicalities in Nigerian courts
(2001) Anifalaje, K.
Demystification of corporate independence theory in comparative law
(Commercial Law Development Services, 2015-03) Anifalaje, K.
The article examines the evolution of the common law theory of corporate personality and its accompanying benefits. By reference to empirical analysis, the paper explores the exceptions that have been made to the corporate independence theory by the legislature and the common law courts in comparative law. A succinct appraisal of those exceptions is made and it is concluded that the benchmark for ignoring the concept of corporate personality judging especially from the decisions of the courts has not followed any consistent pattern. The paper therefore argues for a need to have a more specific statutory guidelines to serve as reference points for the courts in appropriate cases when dealing with issues of lifting of the corporate veil especially between holding and subsidiary Companies.
Enforcement of anti-corruption legislation in Nigeria: an appraisal
(Dean’s Office, Faculty of Law, University of Ibadan, Nigeria & Society for Legal Research and Development, 2017-07) Anifalaje, K.
The paper examines the meaning of corruption, its causes and dimensions within the Nigerian context. It also explores the legal framework targeted at combating the menace. It argues that though Nigeria has a wide array of laws in this area, corruption still flourishes in the country because the due implementation of the laws is being impeded by institutional and financial constraints as well as political and ethnic factors. Suggestions are preferred on how to successfully confront the menace and enhance the socio-economic development of the nation.
Legal framework for national health insurance in Nigeria and Ghana: a comparative analysis
(2014) Anifalaje, K.
A comparative analysis is made of the legal framework for National Health Insurance in Nigeria and Ghana from the prism of organisational structure, coverage, financing mechanism and benefit package with a view to determining the relevance and adequacy of the Nigerian archetype of health insurance in providing qualitative healthcare services to the citizenry. Our major conclusion is that unlike the Ghanaian health insurance scheme which has extended coverage to quite a large number of the population, health insurance is still a mirage to a larger percentage of the Nigerian citizenry especially the vulnerable groups because of the identified limitations in terms of coverage, financing and benefit package of the National Health Insurance Scheme. Requisite reform proposals to address these lacunae within the context of the general health care system are offered in order that the health insurance law in Nigeria may be sufficiently strengthened to make it internationally competitive, fulfill the yearnings and aspirations of the average Nigerian for qualitative healthcare services and to enhance the overall productivity of the nation. The article concludes with a call for effective integration of the primary health care system as a foundation for having a truly universal health insurance scheme in Nigeria.
Probative value of evidence in forensic trials in Nigeria
(Faculty of Law, Olabisi Onabanjo University, Ago-Iwoye, Ogun State, Nigeria, 2009-01) Anifalaje, K.
Reflections on legal controls of financial distress in Nigerian banks
(Department of Private and Commercial Law, Faculty ofLaw, Olabisi Onabanjo Ur.iversity, Ago-lwoye, Ogun State, Nigeria, 2003) Anifalaje, K.
The status of local purchasing order in a contract of sale of goods: a critique of the rights-based approach in Abba v. Shell petroleum development company of Nigeria limited
(Faculty of Law, Redeemer's University, Ede, Nigeria, 2022) Osuntogun, J. A.; Anifalaje, K.
This paper examined the judgment of the Supreme Court of Nigeria in Abba v. Shell Petroleum Development Company of Nigeria Limited on the status of Local Purchase Order (LPO) in a contract of sale of goods. Contrary to the general rule in most countries of the world, including the United States of America and Uganda, that the LPO constitutes an offer in the law of contract, the Supreme Court held that it was an invitation to treat which is not enforceable in law. Consequently, this paper subjects this decision into a critical examination with a view to determining its accuracy. For this purpose, it interrogates the role of offer and acceptance and in particular the invitation to treat in the formation of the contract of sale of goods. It also discusses the question of what time it could be said that parties have entered into a contract of sale of goods. It interrogates the legal Status of the LPO in commercial transactions and how the status might affect the result of the application of offer and acceptance in a contract, particularly the contract of sale of goods. It concludes that, although the decision in Abba's case cannot be reconciled with similar decisions not only in Nigeria but also globally, it can be justified using the rights-based approach.
Strides in reforms of workmen’s compensation law in Nigeria
(School of Law & Security Studies, Babcock University Ilishan - Remo, Ogun State, Nigeria, 2009-01) Anifalaje, K.
Successive development of social security laws in Nigeria
(School of Law & Security Studies, Babcock University Ilishan - Remo, Ogun State, Nigeria, 2019-10) Anifalaje, K.
The paper examines the legislative strides of the Nigerian policy makers in the provision of social security for the citizenry from the colonial era up to the present time. In fashioning out the existing social security schemes in Nigeria, it has become necessary for some laws to either be amended or repealed. The paper discusses the progressive development of these laws and highlights the extent of their compliance with prescribed minimum international Standards. The paper argues that, though much legislative Intervention towards fulfilling the fundamental objective of section 14(2)(b) of the 1999 Nigerian Constitution has been made, there are still some basic issues that need to be addressed in order to further expand the scope of social security provisioning. The paper concludes by proffering suggestions on how to consolidate on the extant laws in order to secure the much needed social safety net to the generality of the Nigerian citizenry.