Browsing by Author "Fagbemi, S. A."

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Admissibility of computer and other electronically stored information in Nigerian courts: victory at last
(2011) Fagbemi, S. A.
There is no doubt that Nigeria is getting her own share of action of the fast-growing Information and Communication Technology. These days, financial transactions, communication system and business activities are done electronically. The growth in the amount of computer and other electronically generated evidence in the last three decades had reduced the entire universe into a global village. Contracts and other business transactions are concluded electronically, professionals such as lawyers, bankers, accountants and other allied experts receive instructions for work electronically, accept instructions electronically and send completed work to their clients via computer and other electronic devices. Courts are not left behind as they also face serious challenges foisted on them due to technological advancement and the introduction of electronically generated evidence. The issue of admissibility of evidence is crucial to judicial proceeding as it has the capacity to determine the outcome of a case one way or the other. This article therefore aims at examining the admissibility of computer and other electronically generated evidence under the newly promulgated Evidence Act of 2011. For the purpose of clarity and appreciation of the issues surrounding the amendment of Evidence Ordinance of 1943 1, the paper will go down the memory lane to chronicle agitations and criticisms that led to the amendment of the Evidence Act inherited from the colonial government in 1943 in order to bring its provision at par with advancement in Information Communication Technology worldwide.
Advocacy for the adoption of arbitration for the resolution of commercial disputes in Nigeria
(International Centre For Law And Democracy Studies, in Conjunction with the Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2020) Fagbemi, S. A.
This paper advocates the adoption of arbitration for the resolution of commercial disputes in Nigeria. The two burning questions which the paper interrogates are: What is the legal framework for the resolution of commercial disputes in Nigeria? And to what extent has this legal framework meets the resolution of commercial dispute? To answer these questions, this paper adopts doctrinal methodology in legal research and relied heavily on desktop search for information. The paper finds that advancement in commercial transactions the world over has largely been positively impacted by globalisation, liberalisation of markets, bilateral and multilateral agreements leading to the opening of more windows for commercial interactions at local and international space and therefore rendering the traditional court litigation process for resolution of commercial transactions ineffective. The paper observes that the shortcomings inherent in judicial process call for radical paradigm shift to arbitration as viable alternative to litigation in the resolution of commercial dispute. The paper concludes with recommendation among other for the adoption of arbitration as a major method for settlement of commercial dispute in Nigeria as antidote to the shortcomings in court litigation.
An analysis of statutory provisions and case law on trade marks registration under the Nigerian trade marks act
(Faculty of Law Obafemi Awolowo University, 2018) Fagbemi, S. A.
The legal implication of trade mark registration is to have exclusive right to use the mark, and if need be, assign the mark to another person for use. The objective of 'trademarks registration is to enhance the economic efficiency of the market place by making the products and producers easier to identify by consumers. The aim of this paper is to analyze the statutory provisions and case law on trade mark registration in Nigeria. In doing this, the pertinent questions which this paper seeks to interrogate among others are: What can be or cannot be registered as trade mark? What is the rationale for trade mark registration? What are the procedures for trade mark registration and the legal effect of registration of trade mark? To answer these questions, this paper explains the meaning and registration of trademark, the paper highlights the advantages of trademarks registration. To understand these advantages, the article itemizes the benefits attached to the registered proprietor on the one hand and the consumers on the other hands. For the purpose of exposition of the intricacies involved in trademark registration, this paper relies heavily on case law on trademark disputes, which illustrates the points being addressed. In conclusion, the paper lists the shortcoming of the extant law on trademark registration in Nigeria with suggestions that the relevant authorities saddled with trademark administration should take steps for the review of extant trademark law in Nigeria.
Analysis of the federal, state and local governments responses to environmental issues and management in Nigeria
(Ibadan University Press Publishing House, University of Ibadan Ibadan, Nigeria., 2015-11) Fagbemi, S. A.
Nigeria is blessed with immense natural resources which are spread over her various ecosystems. However, these natural resources have continued to suffer pressures in the quest for development, uncontrolled socio-economic activities and consumption thus putting the land, air, water, forest and animals species to greater risk of abuse and deterioration. To arrest monumental degradation and extinction of these natural resources, Nigeria governments, at each stratum of governance, are constitutionally saddled with responsibilities to ensuring the protection and sustainability of the environment in the face of natural resources exploration and exploitation. This paper seeks to critically analysis the responses of the three tiers of government in Nigeria to environmental problems. The paper will in particular examine the legislative lists as relate to environmental matters under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The objective of this exercise is to determine the justification or otherwise of the authority given to each tiers of government to legislate on environmental issues. The outcome from this pursuit will be used to proffer solutions to the apparent lopsidedness in the allocation of legislative powers and functions to the three tiers of government in Nigeria on environmental issues.
An appraisal of mechanisms for municipal solid waste disposal and management in Nigeria
(Faculty of Law Obafemi Awolowo University, 2017) Fagbemi, S. A.
The Nigerian environment is faced with plethora of challenges of varying degrees which have continued to degrade the environment with concomitant health impact to Nigerians. For instance, the problem of improper waste disposal in Nigerian environment cut across all types of waste as well as strata of Nigerian society. It is common sight in Nigeria today to see heaps of festering waste dumps in our urban cities and commercial centres, residential apartments, the drains, the highways, corners of major or and minor streets and undeveloped plots of land. This paper seeks to appraise the mechanisms for municipal solid waste disposal and management in Nigeria. The pertinent issues which the paper will interrogate include the patterns and categories of municipal solid waste in Nigeria, the environmental and health impact of waste and the mechanism for waste disposal and management in Nigeria. The paper relies on a desktop study approach; hence information were obtained from previous publication relevant to the current study, particularly from peer reviewed publications. The paper reveals indiscriminate disposal of municipal solid wastes and attendant blockage of drainage channels and flooding of the environment during and after rainfall. The impacts of this include physical nuisance of the environment and hazards to humans' health. The paper concludes with suggestions, amongst others, that government should make concerted efforts to improve the extant waste disposed and management mechanism by strengthening solid waste management infrastructural in Nigeria.
Appraisal of the doctrine of separation of power and its applicability in modern governance for national development in Nigeria
(Faculty of Law, Ebonyi State University, Abakaliki, Nigeria, 2018) Fagbemi, S. A.; Akpanke, A. R.
In every society, especially one that upholds democratic principles, there are usually laid down rules, principles and customs to guide the society referred to as the Constitution. A constitution is the organic law of a nation. It may be written or unwritten. By nature, the primary objective of the constitution is to lay down the basic principles to which an internal life of a country is conformed, organizing the government, regulating, distributing and limiting the functions of its three different principal organs. This paper seeks to examine the doctrine of separation of powers and its applicability in modern governance in Nigeria. The objective of this is to expose its use as instrument of national development. The paper adopts the doctrinal methodology in search for data. It reveals that a fundamental principle underpinning modern governments is that of separation of powers, with a rider that separation of powers can only function properly where there is interplay between it and the principle of checks and balances. The doctrine is presented as a prelude to the conclusion proposed in this paper, which amongst others include that the people who constitute the government should observe the doctrine of separation of powers within the context of the concept of checks and balances as antidote to abuse of power.
An appraisal of the doctrines of exhaustion, ripeness and locus standi as means to preventing frivolous action against administrative decisions in Nigeria
(2015) Lawal, I. B.; Fagbemi, S. A.
Judicial review of administrative decisions is a great weapon in the hand of judges to control administrative excesses and abuse of power. Over the years, several doctrines were developed to aid the court in the determination of whether to intervene in administrative proceedings or to tarry until a decision is reached. To checkmate abuse of power by administrative agency or inferior courts, doctrines like prohibition, certiorari, mandamus, ultravires, declaration, habeascorpus are ready tools in the hands of the judiciary. Conversely, to prevent frivolous actions from citizenry, the doctrines of exhaustion, ripeness, and locusstandi were evolved. Judicial intervention may come either at the preenforcement or post-enforcement stages. The doctrines of exhaustion, ripeness and locusstandi are pre-enforcement remedies, while doctrines like certiorari, declaration and ultravires operate' as post-enforcement remedies. This paper seeks to appraise pre-enforcement remedies. Case law is extensively used to illustrate their import.
An Appraisal of the fundamental human rights and the fundamental objectives and directive principles of state policy of the 1999 constitution
(Centre for Constitutionalism and Demilitarisation, 2015-06) Fagbemi, S. A.
The Fundamental Objectives and Directive Principles of State Policy and Fundamental Human Rights provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) have been subjects of discussion for several decades. Discussions on the two principles, without doubt, will continue to attract attention owing to their importance to the life, dignity as well as well-being of the citizens. This paper is yet another effort at finding the synergy between the two principles. It should be noted right from the outset that opinions express in this paper is not meant to be exhaustive, however, they will provide platform for further legal exposition on the beneficial relationship between the Fundamental Objectives and Directive Principles of State Policy and Fundamental Human Rights. This paper seeks to establish the synergy between the two principles. In this regard, this paper traces the origin of the fundamental human rights, the difference between fundamental rights and human rights. Furthermore, it itemizes the rights protected under the Fundamental Objectives and Directive Principles of State Policy. Importantly, the paper examines the legal framework for its enforcement and conclusively recommends that Fundamental Objectives and Directive Principles of State Policy should be placed in the same pedestal with Fundamental Human Rights to make its provisions justiciable in the Nigerian Courts.
An appraisal of the socio-legal implications of population growth on the environment
(2013) Fagbemi, S. A.
Year in year out, population has continued to be on the increase throughout the world. The rise in population is due to several factors some of which are low mortality rate, improved medical and technology apparatus, industrialization, improved economy, fall in death rates and urbanization amongst others. However, population growth has continued to take its toll on the environment and other natural resources in the planet earth. Hence, the fear now is whether, due to the population growth, the carrying capacity of the environment will be able to sustain the trend. The thrust of this paper is, therefore, to appraise the socio-legal impact of the population growth on the environment. In doing this, the paper discusses various factors that contribute to population growth and the effect of popidation generally on the environment. The paper concludes with few suggestions to stem the tide of population growth globally.
Arbitration and human rights: synergy or parallel
(2016) Fagbemi, S. A.
The crux of this paper ¡s to examine arbitraron agreement from the perspective of the question of whether or not it is not a violation of human rights of access to court. To tackle this vexed question, the paper first considers the legal framevvork for arbitration agreement from the viewpoint of waiver of the right to State administered justice. The paper analyses the relationship between human rights and arbitration proceedings with a view to determine whether arbitration agreement is not an encroachment on human rights? Corning down to Africa, this paper examines whether or not arbitration is antithetical to the human rights provisions ¡n the various African constitutions on access to courts, fair and public hearing of disputes and public delivery of judgment. The paper argües that arbitration does not breach these rights and that recourse to arbitration is a waiver of the parties' rights of access to court. The paper concludes that arbitral tribunals do not fall into category of courts and tribunals vvhich African legal system requires to hold public hearing and public delivery of judgments or findings. The paper therefore takes position that arbitration and human rights are different means to the same end.
Assessing contraceptive use and its impact on population control in Nigeria
(Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria, 2017-07) Fagbemi, S. A.
Labour disputes in Nigeria have assumed such fervent dimension that there arose the dire need to arrest situations arising therefrom, or, as an alternative, watch the entire governmental and economic system crumble. The need to provide forum for the resolution of labour related disputes call for both legislative and judicial interventions to tame the rising trends in the 1970s. Part of the legislative intervention at the time was the establishment of the National Industrial Court of Nigeria as a special court with jurisdiction to entertain trade and labour related disputes. The court was further given power to make rules for its operation and to guide proceedings before it. To this end, the court recently enacted another set of Rules, which repealed the 2007 Civil Procedures Rules of the court. The thrust of this paper is to analysis the rules, practice and procedure of National Industrial Court in labour disputes in Nigeria. The objective is to sensitize and appraise litigants on the rules, practice and procedures of the court and how best to harness them in the resolution of labour disputes. The paper concludes with suggestions that will promote effective administration of justice in labour related disputes in Nigeria.
Assessing the efficacy of mediation as a form of alternative dispute resolution (ADR) mechanism in Nigeria
(International Centre for Information Technology & Development (ICITD,) Systems & Multidisciplinary Research Group/IClTDs Society for Multidisciplinary & Advanced Research Techniques, Southern University Baton Rouge, LA, USA, 2020-06) Fagbemi, S. A.
This paper presents mediation as a form of effective alternative dispute resolution (ADR) to litigation. The paper adopts doctrinal research methodology of data collection in legal research. The paper highlights the historical context from which the model emerged. The paper explains the contemporary principles and sequences of mediation process, the role of mediator and the dichotomy between mediation and litigation as well as various advantages of the mediation model in contradiction to litigation. In conclusion, the paper recommends the adoption of mediation as efficient and formidable model for settlement of disputes in Nigeria.
Awakening judicial consciousness toward the enforcement of Nigerian economic, social and cultural rights
(Department of Public Law Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2020-06) Fagbemi, S. A.
The objective of this paper is to sensitizeO judicial consciousness toward the enforcement of economic, social and cultural rights in Nigeria. The pertinent questions which the paper interrogates among others include: What are the objectives of economic, social and cultural rights? What are the impediments against the enforcement of these rights in Nigeria? How can the judiciary be sensitized to meeting the objectives of Nigerian economic, social and cultural rights? Stemming from these questions, the paper highlights major impediments to the enforcement of economic, social and cultural rights in Nigeria to include constitutional provision, corruption, absence of judicial activism and lack of commitment on the part of government to uphold the tenet and the intendment of economic, social and cultural rights as provided for in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The paper argues for the practice of the concept of judicial independence and recommends among others for complete judicial independence and activism as antidotes to the challenges confronting the enforcement of economic, social and cultural rights in Nigeria in the interest of economy and social justice sustainability.
A comparative analysis of the laws governing substantive validity of arbitration agreement
(Department of Public law Faculty of Law, University of Jos Jos, Nigeria, 2016-09) Fagbemi, S. A.
Conceptual framework for civil litigation process in Nigeria
(Faculty of Law, University of Ibadan, Ibadan, 2018) Fagbemi, S. A.
A concise analysis of the rules, practice and procedures of the national industrial court in labour disputes in Nigeria
(Faculty of Law, Benson Idahosa University, Benin City, Nigeria, 2017-12) Fagbemi, S. A.
Labour disputes in Nigeria have assumed such fervent dimension that there arose the dire need to arrest situations arising therefrom, or, as an alternative, watch the entire governmental and economic system crumble. The need to provide forum for the resolution of labour related disputes call for both legislative and judicial interventions to tame the rising trends in the 1970s. Part of the legislative intervention at the time was the establishment of the National Industrial Court of Nigeria as a special court with jurisdiction to entertain trade and labour related disputes. The court was further given power to make rules for its operation and to guide proceedings before it. To this end, the court recently enacted another set of Rules, which repealed the 2007 Civil Procedures Rules of the court. The thrust of this paper is to analysis the rules, practice and procedure of National Industrial Court in labour disputes in Nigeria. The objective is to sensitize and appraise litigants on the rules, practice and procedures of the court and how best to harness them in the resolution of labour disputes. The paper concludes with suggestions that will promote effective administration of justice in labour related disputes in Nigeria.
Contextual analysis of the principles and procedures for making recourse against international arbitral award
(Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria, 2017-03) Fagbemi, S. A.
An arbitral award once recognised by a court of competent jurisdiction, is on the same pedestal as the judgment of a court and therefore enforceable like court judgments. However, an award may be set aside on a good cause shown. The thrust of this paper is, therefore, to undertake contextual analysis of the principles and procedures for making recourse against arbitral award. The pertinent questions which the paper seeks to answer amongst others are: What are the requirements of a valid award? What are the procedures for making recourse against an arbitral award? And what are the grounds for making recourse against arbitral award? Taking into cognisance that the essence of successful recourse against arbitral award is to set it aside, this paper addresses the above questions and concludes with recommendation among others that parties and their legal representatives should ensure that both parties and arbitral tribunal comply with the provisions of the law regulating the agreement of parties and arbitral proceedings to avoid recourse against arbitral award.
A critical analysis of the mechanisms for settlement of investment disputes in international arbitration
(2017) Fagbemi, S. A.
This paper analyses the mechanism for settlement of investment dispute in International Arbitration, The paper adopts doctrinal and analytical approach to legal research. The study examines the provisions of the International Centre for Settlement of Investment Dispute (ICSID) being the most recognised platform for settlement of investment dispute. However, references were made to similar institutions for comparison. The study reveals that Investment Treaties - either multi or bilateral treaty (BITs) are entered into to provide avenue for settlement of investment dispute that nay arise between states or their nationals to the treaty. The paper argues that certain provisions of ICSID and other institutional mechanisms for settlement of investment dispute contain compulsory arbitration thereby negating the concepts of consent and party autonomy which are salient elements of international arbitration. The paper concludes with recommendations that the offending provisions of ICSID should be reformed in tandem with jurisprudence of arbitration proceedings.
A critical examination of legal remedies for the tort of passing off and unfair competition under Nigeria law
(Department of Private and Business Law Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2011) Fagbemi, S. A.
A discourse of the role and impacts of Nigerian judiciary in enhancing national security
(The Department of Private Law, Faculty of Law, University of Maiduguri, Nigeria, 2017) Fagbemi, S. A.
This paper discusses the role and impacts of the Nigerian Judiciary in enhancing National Security. The pertinent question which the paper resolves are: How do the judiciary function enhances national security? Is there any difference between the role performs by the judiciary in the period of emergency and at peace time? What impacts has judiciary made in maintaining the Nigerian internal security? The paper adopts the analytical method to examine the position of judiciary as the third arm of government. The paper recommends independence of judiciary to cope with the myriad of security challenges in Nigeria.