Browsing by Author "Araromi, M. A."

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A critical review of the regulatory framework for police accountability in the Nigeria’s justice system
(The Nigerian Association of Law Teachers, 2014) Araromi, M. A.; Oke, A.
The Police are recognised all over the world as one of the major instruments of enforcing law and order in society. By this function, the police are often empowered by the law to carry out this responsibility. The Nigeria Police Force (NPF) is constitutionally recognised to carry out the functions of policing in Nigeria. Thus, the police are endowed by the Constitution and other recognised laws with powers of surveillance, arrest, seizure, interrogation, detention, bail and prosecution of offenders, among others These powers are further expanded by the discretions enjoyed by the police in law enforcement- which include when to arrest, who to arrest, where and whom to search, and how much force to be used in any particular case. In the exercise of these wide powers and discretions, there is a natural tendency that the police personnel may act contrary to the dictates, discretions and beyond the" powers conferred by the law. Hence, there are measures put in place to checkmate the excessive or misuse of police powers, authority and discretions. There are - basically two categories of police accountability measures or framework for controlling the use of the powers conferred on the police. These may be external to the police organisational framework, or may be internal mechanisms adopted by the police authority itself to regulate its functions, in order to ensure its accountability. It is the purpose of this work to review these two methods of police accountability and determine their effectiveness and therefore suggest the way forward.
A need for cybercrime-specific legislation to address cybercrime as a new phenomenon of crime
(Department of Private and Business Law, Faculty of Law, University of Ibadan, 2012-12) Araromi, M. A.
Cybercrime portrays a new concept of crime that needs to be specially addressed by the law. The ways and the avenues of commission of this type of crime are remarkably different from the traditional means of committing crime, though sometimes the same consequence may result irrespective of the method adopted, only that the gravity may differ. The aim of this research is therefore to address the phenomenon of cybercrime in order to determine if the crime needs special legislative provisions different from the traditional crime statutes applicable in Nigeria
Admissibility of computer generated evidence in Nigeria under the evidence act: is the nightmare over?
(Department of Jurisprudence and International Law, Faculty of Law, Rivers State University of Science and Technology, Port Harcourt, 2012-09) Araromi, M. A.
Adopting e-government in the promotion of good democratic values and citizens’ rights in Nigeria
(Sweet and Maxwel, 2016) Araromi, M. A.
Information and Communication Technologies (ICTs) have greatly impacted the world by promoting efficiency, effectiveness in communications and quick delivery of services. Almost all sectors of the society are adopting ICTs in their operations. On the political plane, the concept of e-government has been developed for effective delivery of government services to the citizenry, promoting transparency in government, and participation in policy decisions, among other things. Adoption of e-government strategies have been viewed as a key factor in the achievement of sustainable development goals. Some countries have, over time, made gradual progress in applying ICTs in their governance. This research is aimed at reviewing the scope of adoption of e-government in Nigeria vis-a-vis the standard required and in comparison with some countries that have made tremendous progress in applying e-government strategies to governance. It was realised that Nigeria still has much to do to level up with others, mostly developed countries. In view of this, implementation of right to information and other ancillary rights are not adequately promoted.
An examination of the extent of legislative power in annual fiscal budget making in Nigeria
(Gravitas LBR Ltd, 2019-12) Araromi, M. A.; Adeyemo, D. D.
This paper examines the perennial tussle between the executive and legislative arm of government in Nigeria in relation to budget making, which sometimes leads to delay in passage of annual fiscal budget. The extent of powers to be exercised by the Legislature in amending budget estimates submitted by the Executive is the crux of the dispute which often leads to diverse and conflicting opinions on whether the law permits the Legislature to tamper with the figures of the budget or whether it should be a mere rubber stamp to approve the estimated budget submitted to it by the Executive. The paper reviews the changing role of the Legislature in modern times, particularly in the presidential system of government and the involvement of the public ably represented by civil society organisations in determining financial policies that will drive annual budgets. The paper submits that due to absence of clear provisions of the law to determine the extent of powers of the Legislature to amend budgets, it may be necessary to amend the Constitution to clearly define the scope of the power of the Executive and the Legislature in budget making.
Appraising freedom of information right in Nigeria in the light of international standard
(Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria, 2017-07) Araromi, M. A.
Freedom of information is now considered a fundamental right of individuals at the international level as it acts as a fulcrum upon which many other rights recline. It is realized that right to freedom of information encourages transparency in government and promotes good democratic culture. This right is now gaining international recognition - though the precise scope of this freedom is not generally ascertainable. The level of making information available to the public by the government or private sector carrying out public responsibilities varied from country to country. Nigeria also acceded to the clamour for the enactment of freedom of information law by the passage of the Freedom of Information Act, 2011 in order to allow the citizens have access to certain government information. This very step has relaxed the age long practice of making government information a top secret and removed from the public glare especially through some enacted legislation like the Evidence Act and the Official Secrets Act, among others. This notwithstanding, it has been observed that the standard of making information available to the public in Nigeria is still at very low ebb. The Freedom of Information Act 2011, though a good step in the right direction, does not totally accommodate the required standards or international best practices and principles of freedom of information laws. Certain lop-sidedness is observed in the provisions of the Act and suggestions are made for reforms.
Artificial intelligence: the challenges posed to the law of contract in determining liabilities of parties
(Sweet and Maxwel, 2022) Araromi, M. A.
Traditional methods of contracting involve, among others, using paper documents and oral communications. The extant laws appreciate these methods of contracting and make provisions for the validity, rights and liabilities of parties. Electronic transaction models make a detour from the established jurisprudence on contract provided by these extant laws and the court systems. With constant development of technology one-off legal response may sometimes not be enough to address new challenges posed. Artificial intelligence is one of the areas of development in technology that has affected the traditional legal provisions on contract. Machine intelligence has created some challenges in determining the liability of contracting parties, especially where the machine is acting on learned or extraneous data. It is observed that the existing international legal regime by the United Nations, which serves as the authority in resolving international legal matters, is not sufficient to address this problem. This article addresses the effect of artificial intelligence on contract in determining the liability of parties, and suggests a solution.
Breach of human rights by nigerian police in the performance of its functions: need for a reform
(David Publishing Company, 2013-10) Araromi, M. A.; Oke, A.
Nigerian Police is charged with the responsibility of upholding the law and ensuring order is kept within the polity. It is however observed that the police in carrying out its functions constantly abuses the rights of the citizens which are considered as natural rights and very fundamental to every human existence. This study aims at examining the roles of the police in Nigeria and the various ways and the rights of citizens are being encroached upon by the said police. The legal standards prescribed for the operations of Nigerian police are measured against the international standards as a parameter in order to determine the weak points of the Nigerian standards. Suggestions are therefore made on how Nigerian police can be more humane in carrying out its functions.
Contractual liabilities in software transactions: an overview
(2009-06) Araromi, M. A.
Software technology has taken an important position in the information technology environment. Basically, computing equipment may be useless without putting the softwares to drive it in place. The development of software has therefore taken a centre stage in the information technology market. The importance of computer in the society cannot be underestimated, as virtually all organizations, trades and professions cannot operate efficiently without having something to do with computers. Most of these organizations, trades and profession sometimes need customized softwares to drive their computers. No' doubts, software development seems to be a money making ventures, especially for experts in this field. However, this juicy advantage may turn into a daunting nightmare for unguarded software developer who may not understand the legal terrain in which he operates. It is on this note that the probable liabilities software developers may incur in the process of plying his trade are discovered and discussed in this work.
Crime policing and advancements in technology: trusting justice in the institutional environment
(Afe Babalola University Press, 2018-10) Araromi, M. A.; Imoseni, A.
Modern technological innovations are permeating the criminal justice system and are changing the protocols of its administration. The Police use such prominent technological advancements (In-car computers, identification technologies, mobile identification technologies, big data, DNA evidence, Rapid Identification System, drones, Global Positioning System (GPS) etc.) daily. This paper argues that the use of these technologies in the prevention, monitoring and detection of crime will not be absolutely effective without the combination of other holistic approaches that involve professional, social, moral and ethical issues given the effect of the use of technology on fundamental human rights. This is because of the inter-relationship between the police and the public; which may be destroyed if the police legitimacy to handle operations that involve technological mechanisms are not deployed with due diligence. The study adopts both the doctrinal and qualitative methodology. The authors recommend the strong supervision and control of these technologies so that civil liberties will not be breached while trust will be established in the institutional environment. The work concludes that in as much as the emergence of newer technologies like the internet and computers have brought so much development to the contemporary fight against crimes, the same technology has made criminals to be more competent in their operations to evade police arrest while they continue to victimize the citizens.
Cyber-terrorism under the nigerian law: a new form of threat or an old threat in a new skin?
(2018-03) Araromi, M. A.
Cyber-terrorism is a new phenomenon that has found expression in the current legal literature on terrorism. The concept of terrorism itself is enigmatic as there is no commonly agreed definition. However, what constitutes acts of terrorism seems to be agreed upon by writer and legal philosophers and have been clearly proscribed under the laws of most jurisdictions. The difficulty entrenched in having a common definition for terrorism also has its impact on defining "cyber-terrorism" which also does not have an agreed definition. Cyber-terrorism takes on another dimension compared with the tradition terrorism due to the fact that it can only be carried out in the cyberspace needing no physical involvement in the location where the target is. The question that disturbs the mind is whether the cyber-terrorism poses another form of threat different from that of traditional terrorism which may require a separate law to address. It was realized that cyber-terrorism poses new threats that the extant legal provisions on terrorism in Nigeria cannot adequately handle due to the technicalities involved.
Determining legal responsibilities in defamation: crossing the dividing line between real world and internet jurisdiction
(Faculty of Law, Ekiti State University Ekiti State, Nigeria, 2017) Araromi, M. A.
Defamation is a recognised exception to the exercise of right to freedom of expression under the law. With the advent of the Internet, defamatory statements can be communicated or published with seamless ease and having their consequences in geographically locatable territories. The Internet as a new and more effective medium of communication compared to the traditional communication systems, like newspapers, tabloids, letters, etc. presents special challenges to the existing legal regime for traditional defamation law, which include the determination of legal responsibilities of parties involved in the defamation matter and the problem of jurisdiction- given the ubiquitous nature of the Internet. This paper therefore seeks to address the peculiar challenges posed by this new medium, especially as to the phenomenon of ‘publication ’ in determining the responsibilities of parties on the Internet and also the issue of court’s jurisdiction in internet defamation. The paper will particularly engage the laws and approaches in some countries, especially the United Kingdom, the United State of America, Malaysia, India, China, Australia, Argentina and Nigeria, to identify the similarities and dissimilarities in their defamation legal regimes; and also to review the approaches adopted in addressing internet defamation. Nigeria in particular does not have specialised legal response to internet defamation just like many other developing jurisdictions. This paper seeks to address and analyse the approaches in other jurisdictions and distil a harmonious approach that can be adopted to address the deficit created in defamation laws in some jurisdictions that do not have legal response to internet based defamation.
Determining the liabilities of internet service providers in cyber defamation: a comparative study
(Sweet and Maxwel, 2016) Araromi, M. A.
The need to protect free speech as a right and the need to protect the reputations of others are two often conflicting legal positions which need to be balanced. The internet is a medium where free speech can be carried out and equally creates a space where reputations can be injured. Damage to reputation can lead to defamatory action being taken against the author, publisher or any other contributor to the publication of the defamatory statement. To facilitate communications on the internet the roles played by the internet service providers or intermediaries cannot be underestimated. And often times, the intermediaries are made the sole defendant or joined as a party to defamatory suits. The UK and the US are seen as laboratories for defamatory actions on the internet. Also, India and South Africa have responded through their laws to the problem of determining intermediary’s liability in internet defamation. This research sets out to present a comparative study of the laws in the four nations in determining the liabilities of internet intermediaries, with the hope of discovering the strengths and weaknesses of the law and making suggestions as to the best approach to be adopted in shielding the intermediaries from liabilities and also protecting the reputations of others.
Domain name system is a current development in the Internet as users increasingly establish their presence and accessibility. The Internet has created the much needed platform that transforms the world into a global village where people could relate and interact easily. It also offers producers and marketers a forum to advertise their goods and services without any limiting boundary. Welcome as this development is, it also raises the problem of the protection from infringement of business and product names that are registered and posted on the internet. Therefore, this article appraises the registration and implication of domain names on the internet as well as the jurisdictional challenges and legal means of protecting such names with a view to establishing a framework that ensures the adequacy of the law that regulates them.
(Kogi State University, Faculty of Law, 2011) Araromi, M. A.
Electronic banking system in nigeria: possible clogs in the wheel
(2009) Araromi, M. A.
Banking system has gone beyond the traditional brick and mortal bank where every banking transaction has to be carried out with paper cash and where the presence of the parties to the transaction are always required. With the introduction of the electronic banking system most of the activities being carried out inter praesentes are now being done through electronic media. Some concepts of electronic banking system are discussed in this paper and some basic challenges which may constitute clogs to the wheel of progress of this system are revealed in general term with the purpose of suggesting the way forward.
Federal constitutional and statutory rights of teachers
(Department of Educational Management, University of Ibadan, Ibadan, 2008-01) Araromi, M. A.
The purpose of this paper was to consider some rights and freedoms of teachers in Nigerian jurisdiction. The study was aimed at observing some basic constitutional rights and freedoms of teachers in Nigeria. Certain statutory provisions covering the rights and freedoms of teachers in Nigeria were also looked into. It was observed that most of the rights and freedoms of teachers were not hitherto separated or distinguished from the basic rights and freedoms of other workers within the jurisdiction. The study went further to also observe some rights and freedoms of teachers in the United States of America, which is a developed nation vis - a- vis Nigeria, which is yet developing. The rights and freedoms of teachers in the US were couched in specific and general provisions of laws in that jurisdiction, and this could be seen to be protected under various constitutional provisions, states and federal statutes, and states and federal regulations. Though the two nations shared some common grounds as far as teachers' rights, privileges, duties and responsibilities were concerned, there were yet some areas of diversity which might be due to various norms, values and policies esteemed by each nation.
Freedom of expression and legal control of hate speech on social media in Nigeria
(Sweet and Maxwel, 2018) Araromi, M. A.
Freedom of speech is a recognised human right that has found expression in both in the national laws and international instruments. With the nascent introduction of the internet ability to communicate and share ideas has assumed a very explosive dimension. There have been attempts in different places to censor the internet medium for the purpose of controlling untamed expressions which may be injurious to others. Nigeria is also not left out in this campaign. Nigeria’s approach to this will be reviewed in this paper.
In personam jurisdiction in internet transactions
(International Research and Development Institute, 2010) Araromi, M. A.
The fundamental nature of jurisdiction cannot be overlooked in giving effectiveness to judgments or orders given by a court, as no court will want to act in vain. Power to exercise jurisdiction in a matter presupposes a boundary or territorial limit within which such a power can be exercised. In civil matters under the common law system the traditional basis of in personam jurisdiction is the service of the process(es) of a court on the defendant. The Internet, by nature, has no definite boundaries, as it has no physical sitting place but only exists or resides in a virtual cosmos, and its ubiquitous nature makes it to be present everywhere, thus accessible in different jurisdictions. The nature of man in exploring beyond borders to make business gains and to acquire necessities has been made possible and easier through the internet. There is an undisputable tendency that many states have attempted to apply tcrws traditionally made for transactions that take place in the physical world to those that are executable on the internet. Hence these states will always want to assume jurisdiction in internet transactions on the basis of their traditional lerws, in which case such laws are twisted out of shape to heed this call. The basis upon which jurisdiction can be assumed in internet transactions is therefore explored in this work with a view of suggesting viable solutions to the evasive nature of the in personam jurisdictional concept in the internet.
International copyright dimension of internet publications: an overview
(2009) Araromi, M. A.
In the past few decades, there has been explosion in the use of the Internet. Many things that are done traditionally are now being taken over by sophisticated gadgets, which allow prompt, easy and efficient delivery of goods and services. Moreover, the Internet also serves as a platform for researches in almost all the fields of human endeavour. It is not surprising therefore that the Internet, given its international status of accessibility, constitutes an international field, which cannot only be studied, or confine to a particular locality. It is based on this nature of the Internet that attempt is being made to give a legal analysis or overview of copyright protection of materials or works uploaded into the Internet. This study is embarked upon to consider the seamless nature of the Internet in the face of national copyright protection granted to works created in each country and which has no extra territorial application.
Jurisdiction to prescribe in cybercrime: an appraisal of the law
(2010) Araromi, M. A.
Cybercrime has become a phenomenal subject matter that has captured the interests of all sovereign states the world over. It is a crime that has peculiar characteristic which makes it different from other traditional crimes. The nature of cybercrime is such that its commission does not give recognition to physical borders or territorial integrity and therefore opens it up to multijurisdictional interests. The queer nature of the crime therefore requires the resolution of conflicts of interests of the States which have connections in one way or the other to the commission of such crime. This work examines the basic principles of jurisdiction in international law to determine the extent of their applicability to cybercrime.