Browsing by Author "Osuntogun, A. J."

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An appraisal ofthe rights in the African charter on human and peoples rights and notable institutions for their enforcement
(Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria., 2016-07) Osuntogun, A. J.
This paper discusses human rights in the African Charter on Human and Peoples’ Rights (ACHPR) and notable institutions established to protect and enforce them. It aims to interrogate how the Africa Union (AU) protects human rights in the continent and the impacts of that protection. It does not address some ‘self - standing charters in the A U that have evolved and developed as separate charters on their own.1 In addition, since the focus of this paper is to examine the regional protection mechanism alone, it does not cover the issue of domestication of the ACHPR by states which is a major topic on its own. It is divided in to five sections. Section one is an introduction which discusses how the Organization of the African Unity (OAU) was formed. Section two appraises the rights in the ACHPR. The subsequent sections three and four examine the role of notable institutions established to protect and enforce human rights in the continent, while the sixth section concludes.
Benefits and burdens of incorporation of companies in Nigeria
(2008) Osuntogun, A. J.
The present proposal by the Corporate Affairs Commission in Nigeria to de-register about four hundred thousand companies which have not been rendering their annual returns as stipulated by the provisions of the Companies and Allied Matters Act motivates the consideration of total attributes of corporate personality in this study. Nigeria has an estimated figure of about six hundred thousand registered companies, if about four hundred thousand Companies are deregistered; it remains two hundred thousand Companies. What could be the implication of such extinction? The essence of this study is not to discuss the merits and demerits of de- registration of Companies, but to sensitize the general public particularly the Corporate sector to the responsibilities of a registered company. It is the contention of this writer that lack of awareness of responsibility in a country dominated by high level of illiteracy could not be ruled out as one, if not the major reason, the four hundred thousand Companies failed to file their returns as at when due. In addition, research from the academics in the area of consequences of incorporation has been most of the time without a discourse on the responsibilities of a registered company. This study considers not only the procedure for registration of company but also the totality of the consequences of incorporation of companies dealing with its advantages and disadvantages et the same time. The study discusses how a company can be registered in Nigeria and the effect of such registration. On the same issue, it examines those who are competent to form a company and the choice of a valid name for the company. It argues that the consequences of the registration of Companies are not always positive but sometime negative.
A critical appraisal of conditions and warranties under the sale of goods act 1893
(Department of Private and Business Law, Faculty of Law, University of Ibadan, 2006) Osuntogun, A. J.
A critique of the WTO structure
(Department of Commercial Law, Faculty of Law, Ahmadu Bello University, Zaria, Nigeria, 2009) Osuntogun, A. J.
Delivery of goods to carriers in international sales: an examination of what It purported to be in Nigeria
(Kluwer Law International B.V., Netherlands, 2018) Osuntogun, A. J.
This article deals with international sales. Specifically, it discusses the question of delivery of goods to the carrier and its implication that it shall be ‘prima facie deemed to be a delivery of the goods to the buyer’. The legal consequences in Nigeria of a contract entered into by parties of different origin with respect to delivery of goods to the carrier are examined. It further discusses how a breach of duties and obligations on the part of the parties can lead to the application of statutory exceptions. It notes that there are two international conventions ratified and domesticated in Nigeria, but one protects the interests of one party more than the other and the other also does the same with the interests of the other party. It considers the application of these international conventions on the issue of delivery of goods to the carrier. Furthermore, it also considers the application of Incoterms in Nigeria to carriage of goods and argues that the controversy generated in the United Kingdom by Vaughan Williams LJ and Buckley LJ, on the one hand, and Hamilton LJ, on the other hand, has reverberated to Nigeria. It points out a misconception in the application of law on this issue which has been accepted as a settled principle of law in Nigeria.
Examination of the institutional and regulatory framework for corporate human rights accountability in South Africa
(Edinburgh University Press, 2017) Osuntogun, A. J.
Interests of developing countries and the consensus principles of the WTO world trade organization
(Ibadan University Press, University of Ibadan, Ibadan, Nigeria, 2012-11) Osuntogun, A. J.
In this Article, I have attempted an examination of the process of decision-making in the WTO. This consideration was provoked by the attribution of the Doha Round Negotiations impasse to the way the WTO makes decision in addition with the spate of criticisms against the WTO and the multilateral Trade Regime. I have attempted to answer the question whether the problem with Doha Round Negotiations lies in the way and manner the multilateral decision is made. I consider the alternatives proposed by scholars to replace consensus and the principle of Single Undertaking. I am not persuaded that the adoption of any of the alternative is the lasting solution to the problem of the WTO. A change of decision-making process of the WTO particularly a replacement of consensus rule and the principle of Single Undertaking is not an antidote to the problem of WTO. The emerging issue in the multilateral trade is that of development particularly in the developing and least developed countries. Economic growth of multilateral trade may not mean the same thing as development but how the negative impacts of global trade could be cushioned is the challenge that could bring lasting solution to the problem of the organization.
International commitments on domestic procurement laws: evaluating the compliance level of Nigeria to the agreement on government procurement of world trade organisation
(Department of Jurisprudence and International Law Faculty of Law, University of Ibadan, Ibadan, Nigeria., 2015) Osuntogun, A. J.
This article examines the extent of compliance of Nigerian procurement law with the agreement on government procurement of WTO (WTO GPA). It notes that while Nigerian law can be said to be in full compliance with the demands of the 2011 UNICITRAL Model Law, the same could not be said of Revised WTO GPA as Nigerian law provides domestic preferences to her domestic bidders in violation of nondiscrimination requirements contained in WTO trade agreements. It discusses how liberalisation of public procurement between unequal states can lead to adverse economic problems and how such problems can be averted if developing countries take full advantage of special and differential treatment of WTO GPA. Since Nigeria is a member of WTO, it considers the possibility of Nigeria acceding to WTO GPA and how it can still protect its local suppliers by adopting a sustainable development approach in opening up its public procurement contracts to foreign markets.
Law of agency
(O. M. A. Independent Publications, EDE, Osun State, 2002) Osuntogun, A. J.
The legal perspective of the protection of women and children in Edo State
(Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria, 2017) Osuntogun, A. J.
Protection of women and children has been the international challenge that the world has been battling to surmount. As a result, gender issues have become a recurrent theme in local, national and international gatherings. In spite of the efforts that have been dissipated so far to combat this menace, particularly at the global level, the challenge still remains. This is due to the fact that most gender issues are deeply rooted in the cultures of the people and that should demand for a grass root approach to address them. In light of that recognition, this article examines how the law of Edo State protects women and children from unfair customs and discriminatory practices. It discusses the cultures of Edo State people, their peculiarity and how those cultures violate the rights of women and children. Thereafter, different mechanisms adopted to protect them are also discussed and recommendations are made on how the challenge can be addressed.
The legal status of trade unions in Nigeria: emerging issues
(Hybrid Consult, Surulere, Lagos, Nigeria, 2009-12) Osuntogun, A. J.
Modes of corporate liability for money laundering and financing of terrorism
(Nigerian Association of Law Teachers, 2016) Aina, K.; Akinbola, B.R.; Osuntogun, A. J.; Araromi, M.A.; Oniemola, P.K.; Adigun, M.; Adeyemo, D.
In this study, corporate liability in respect of money laundering and the financing of terrorism will be examined .The paper discusses the concept of corporate liability. The third part discusses terrorism which is further divided into five segments. The first segment traces the history of terrorism. The second segment discusses issues in defining terrorism. The third segment discusses the definition of terrorism in Nigeria while the fourth segment catalogues some terrorist activities in Nigeria. The fifth segment discusses cyber terrorism as a distinct form of terrorism. The fourth part of the study discusses money laundering together with the financing of terrorism. The paper advocates a shift of focus from theoretical debate to practical issue of utility and concludes that corporate governance must make meaningful impacts on the life of all the stakeholders
Modes of corporate liability for money laundering and financing of terrorism
(Nigerian Association of Law Teachers, 2016-05) Aina, K.; Akinbola, B. R.; Osuntogun, A. J.; Araromi, M. A.; Oniemola, P. K.; Adigun, M.; Adeyemo, D.
In this study, corporate liability in respect of money laundering and the financing of terrorism will be examined .The paper discusses the concept of corporate liability. The third part discusses terrorism which is further divided into five segments. The first segment traces the history of terrorism. The second segment discusses issues in defining terrorism. The third segment discusses the definition of terrorism in Nigeria while the fourth segment catalogues some terrorist activities in Nigeria. The fifth segment discusses cyber terrorism as a distinct form of terrorism. The fourth part of the study discusses money laundering together with the financing of terrorism. The paper advocates a shift of focus from theoretical debate to practical issue of utility and concludes that corporate governance must make meaningful impacts on the life of all the stakeholders.
Negotiable instruments
(O. M. A. Independent Publications, Ede, Osun State, 2002) Osuntogun, A. J.
Nemo dat rule in Nigeria: charting the path for reform in sale of goods
(Department of Private and Business Law, Faculty of Law, University of Ibadan, 2012) Osuntogun, A. J.
This paper addresses the problem associated with transfer of goods by a non-owner in order to develop a suitable mechanism to address the problem. It confirms that the attempts made to resolve the problem equitably between the two conflicting parties has not been an easy task because of the jurisprudential and ideological leanings relating to the dispute. After a critical examination of the nemo dat rule and its exceptions, it posits that contrary to the argument of some scholars, sale made by a non-owner with the authority and consent of the owner is not an exception to the nemo dat rule. It recommends a consumer protection approach as a suitable mechanism that can be adopted in adjudicating and regulating disputes between the owner of goods and the innocent buyer in good faith. The benefit of the approach is that it recognizes the general rule but supports recourse to a suitable exception if the facts of a particular case justify it; thus no interest of any party is deliberately jettisoned.
Procurement law in Nigeria: challenges in attaining its objectives
(Sweet & Maxwell, 2012) Osuntogun, A. J.
Pure theory of law: another perspective
(Princeton & Associates Publishing Co. Ltd., Ikeja, Lagos State, 2019) Osuntogun, A. J.
Pure theory of law: another perspective
(Princeton & Associates Publishing Co. Ltd., Lagos, 2019) Osuntogun, A. J.
The quest for a supranational entity in West Africa: can the economic community of West African states attain the status?
(North-West University, 2013) Lokulo-Sodipe, J. O.; Osuntogun, A. J.
Risk and frustration as applied in sale of goods: who bears the brunt of unforeseen contingencies?
(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria, 2016-02) Osuntogun, A. J.