Browsing by Author "Onakoya, O."

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Corporate personality: a shield to company's members?
(Faculty of Law, Lead City University, Ibadan, Nigeria, 2016-12) Onakoya, O.; Oni, S. O.
Business entities upon registration by the Registrar of Companies and award of certificates of incorporation thereof, become registered Companies. The issue of a certificate of incorporation incorporates the members of the Company into a persona at law with other attendant consequences. However, the issue of the Status of the Company as a corporate legal personality was not given a clear legal Interpretation until the celebrated English case of SALOMON v. SALOMON CO. LTD. ([1897] A. C. 22; 66) which later became a locus classicus on this subject. It is imperative to note that there are two controversial judgments in this case at the court of first instance and the Court of Appeal respectively before the matter was laid to rest at the House at Lords. This paper seeks to examine some germane issues raised by the House of Lords in this case. Some of the questions bother on whether the principle is essentially to protect members of the Company, the management or employees of the Company against the third party. To what extent can the principle serve as a shield, if it is one? Or is such a protection absolute? Laws are not usually enacted to take retrospective effect, therefore holistic approach should be adopted with a view to properly situate pre-incorporation contract, particularly where the going-concern was previously operating as a ‘business name’ and or ‘registered partnership’.
Corruption as an anathema to human rights laws and practice in Nigeria
(Ibadan University Press Publishing House University of Ibadan, 2019-07) Onakoya, O.
Corruption. though a universal phenomenon. its menace in Nigeria is alarming as it pervades through every strata of the society with its huge adverse effects on the populace. Over the years. the incidence of corruption has grown to become a 'norm' in Nigeria, with the nation becoming a pariah state in the comity of nations. However. the practice is widely considered to have greater impact on the nation compare to its citizens, it is therefore justifiably domiciled under the Nigerian Criminal Law usually as an offence to be prosecuted by the state on behalf of its citizens. This paper therefore considers the impact/effect of both private and public corruption on the Human Rights Laws and Practice in Nigeria, with emphasis on analysis of corruption as a violation of the entrenched rights of citizens. Critical issues such as legal framework for human rights and various anti-corruption laws were examined. It is observed that successive governments in Nigeria are usually blamed for economic woes and decay in infrastructure, often attributed to incompetence and negligence while its agencies, such as Police Force. Armed Forces. banks. private persons who are active collaborators are often over-looked. The paper therefore concluded that the impact of corruption could only be holistically measured by the rate of violations of the citizens' rights as provided for by the law and same made punishable. It is further submitted that such infringement on the right of persons occasioned by corrupt practices should not only be tried as abuse of rights but also attract some form of compensation for the victims.
Family head versus family Members: legal issues in management of family land under yoruba customary law
(2015) Onakoya, O.
The customary land tenure system is an age-long indigenous land holding system among the Yorubas of South- Western part of Nigeria. The evolution of this system and the various principles regulating same, exhibit the historical credentials rooted in the custom, value and tradition of different ethno-cultural groupings in Africa, of which the Yorubas are prominent. This paper examines the pre-colonial, colonial and post-colonial institutional structure of land ownership and management under the Yoruba native law and custom. Principally, the duties and liabilities of the head of family, principal members of the family and other members are examined vis-à-vis the role of each in the management of family land under Yoruba customary law. Causes of conflicts and conflict resolution mechanisms were equally appraised and necessary reforms suggested, such that domineering posture of some of the head of the families could be checked.
Fundamental rights (enforcement procedure) rules 2009: a paradigm shift in human rights protection in Nigeria?
(David Publishing Company, 2013) Onakoya, O.
Human rights are natural and inalienable to human beings generally, irrespective of tribe, creed, colour, sex and whatever description. The I960 Independence Constitution of Nigeria introduced a pivot Provision into the Constitution of the country by expressly providing for items classified as ''Fundamental Human Rights", which other subsequent constitutions, namely, Constitution of the Federal Republic of Nigeria 1963, 1979 and 1999 were modeled after. The Rights, that is the fundamental human rights which is present by contained in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 is no doubt a lofty Provision which traverse almost every areas of human activities which should ordinarily be protected. However, since it is generally believed that "a law is no law except it is capable of being enforced". the Fundamental Rights (Enforcement Procedure) Rules was enacted with the sole purpose of serving as a directive which spelt-out the procedure an aggrieved person must follow in enforcing the relevant provisions on fundamental human rights where same are violated. It is instructive to note that even though the earlier Fundamental Rights (Enforcement Procedure) Rules of 1979 and 2008 were adopted for the purpose of giving life to the relevant provisions of the Constitution yet not much was achieved in this area particularly with respect to the commencement of actions bothering on violation of fundamental rights by the aggrieved persons, not to mention the expensive costs of litigations. The previous fundamental rights (enforcement procedure) rules of 1979 and 2008 respectively appear to have diminished the loftiness of the rights enshrined in chapter IV of the Constitution due to the technicality, awkwardness and bottlenecks in its application. This paper, however focuses on the critical examination of the Fundamental Rights (Enforcement Procedure) Rules 2009 which has its main overriding objectives of (i) expansive and purposeful Interpretation, access to justice; public interest litigation, abolition of objections on ground of locus standi; and expeditious trial of human rights suits among others. The empirical findings of the study and analysis reveal that the 2009 Rules being the thrust of this paper is not only a clear departure from the previous Fundamental Rights (enforcement procedure) Rules but specially designed to enhance human rights protection in Nigeria particularly under the current democratic dispensation.
The impact of corruption on internally displaced persons in North-Eastern Nigeria
(College Press, Lead City University, Ibadan, 2021-12) Onakoya, O.
Nigeria, a self-acclaimed most populous country of black people in Africa is not only a heterogeneous nation with not less than 300 ethnic groups and over 500 spoken languages, bin a developing country plagued with numerous challenges. The country, in over a decade now has witnessed rise in terrorism and insurgency activities by a group known as "Boko Haram' and of recent, a "splinter” group of armed herdsmen whose activities have displaced millions of Nigerians and rendered them homeless. The geo-political entity called the Federal Republic of Nigeria is divided into six geo- political zones, but the worst-hit by the activities of the insurgents is the North Eastern Zone of the country, comprising of the following States: Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe. Internally Displaced Persons (IDPs) according to the United Nations Guiding Principles on Internal Displacement, are "persons or group of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalized violence, violations of human rights or natural or human-made disasters and who have not crossed an internationally recognized state border. As citizens of Nigeria, IDPs also deserve and entitle to constitutionally recognized rights as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). However, in spite of 'no choice’ Situation the IDPs found themselves, majority of them prefer to return back to where they were displaced front, even when the Situation they fled front still persists, or cross the border of Nigeria to any other country as refugees rat her than their continued stay at their designated camps. The aforesaid is presumably borne out of challenges such as insecurity, hunger and humanitarian crisis as a whole. This work seeks to probe into the effect of corruption and corrupt practices on the plight of the IDPs in the North-Eastern Nigeria, and its attendant consequences on Nigeria and its neighbouring countries, such as Cameroon, Chad and Niger Republic.
Landlord versus tenants: a critical appraisal of conflict in tenancy law in Nigeria
(2017) Onakoya, O.
In Nigeria today, housing; particularly in the urban areas remains an intractable problem. Acute shortage of shelter is a common phenomenon as many people are chasing the few available accommodation. In recent times, the problem of shelter in Nigeria has reached a threatening stage with different fallouts ranging from socio-economic to legal and cultural impacts. The two major stakeholders in tenancy contract, namely: (i) Landlord and (ii) Tenant, now have their relationship regulated by plethora of tenancy laws in Nigeria. This paper examines the duties and liabilities of landlord and tenant under the common law and diverse existing tenancy laws in Nigeria. Critical issues such as types of tenancy, commencement of tenancy relationship and the legal procedure for terminating such relationships were carefully examined. It is observed that oftentimes there are conflicts between the landlords and tenants which attempts have been made by drafters of the law to either prevent or legally resolved. It is however the opinion of this writer that such tenancy laws should be reviewed to consider and accommodate other issues such as economic and sociological factors as legal consideration without more can neither prevent nor resolves conflict arising out of tenancy relationships.
Press freedom and corruption in third world countries
(2009) Onakoya, O.
The age-long endemic issue of corruption has been a global menace. However, its multifarious consequences have greater negative impact on the third-world/developing countries in contradistinction to the developed world. This study focuses on press freedom as a panacea to the endemic Problem of corruption among other preventive measures particularly as it affects the developing economies using cross country data. For this, more than 15 developing countries are analyzed. Emphasis is placed on both the private and public sectors of the understudied nations. The empirical findings of the study reveal that there is high incidence of corruption in developing economies with less or no tolerance for press freedom. The upshot of the study is that the governments of the developing countries should focus more on press freedom as a catalyst for curtailing the high level of corruption.
Press freedom, a sine qua non for good governance? Nigeria experience
(2010) Onakoya, O.
Within the context of the frequency of its occurrence in recent times, it is not out of place to observe that the expression “good governance” is beginning to take on a conceptual character. Although it could defy a straightforward meaning, like the proverbial elephant however, it is easy to identify. Guobadia, D.A (2000). The Legislature and good governance under the 1999 Constitution, 43. Concepts have their ways of emerging in a people’s consciousness and, taken as one, the notion of good governance in contemporary Nigeria has, no doubt been conditioned by the vagaries and vicissitudes of our national life. The geo-political entity called ‘Nigeria’ has over the years, precisely since the nation’s independence been groping for panacea to the socio-economic problems facing her. The successive governments for the past 50 years since Nigeria’s independence have, in their attempt to bring succour to their subjects, appears to have plunged the nation into abyss of poverty and despondency. This unpleasant situation Nigeria has found herself among the comity of nations is a major concern, not only for the government but also the governed who bear the brunt of the consequences of the action or inaction of the former. In 1960, Nigeria gained independence with pomp and pageantry, great hope and expectations which ushered her into the 1st Republic.
Proof of ownership under the customary land tenure system: a critical appraisal
(Lexvision, 2010) Onakoya, O.
Right to property in Nigeria and power of revocation under the land use act
(Department of Public Law, Ahmadu Bello University, Zaria, Nigeria, 2016-06) Onakoya, O.
The importance of land immovable property is considered very fundamental to (he existence of mankind. Apart from being used for shelter. it is also a significant factor of production. Its ownership in most societies. symbolizes power and affluence. This natural resources is however limited in supply since by its nature fixed. though its value unquantifiable. The demand for land exceeds its availability (supply). hence the need for government Intervention for the purpose of redistribution among individuals who desire it for various purposes. The need to avoid conflicts and protect the weak in the society made government to enact laws to protect such ownership/occupancy. This paper examines in some depth the fundamental right to property. its enforcement and the state power of compulsory acquisition through revocation of right of occupancy. How has the laws. such as the Constitution of the Federal Republic of Nigeria. 1999 (as amended) and the Africa Charter on Human and Peoples' Rights been able to guarantee the fundamental right to property. The paper further takes a cursory look at the procedure for revocation of right of occupancy, compulsory acquisition, compensation and judicial intervention.