scholarly works

Permanent URI for this collectionhttps://repository.ui.edu.ng/handle/123456789/373

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Start date: 2020End date: 2023

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    Victims or complicit traffickers? examining the status of victims of organ trafficking in Nigeria
    (Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Rivers State, 2023-12) Adeyemo, D. D.
    Organ trafficking is one of the fast-booming offences with transnational dimensions. Often, organ trafficking is linked with human trafficking and punished along the same lines as the crime of trafficking in persons for the purpose of organ removal. Traffickers are often punished as the offenders while subjects of the harvested and trafficked organs are regarded as victims who are protected by the law rather than punished. However, with regard to the crime of organ trafficking, it is difficult to conceive some so-called victims of organ trafficking as victims without the tainted lens of complicity in the offence. With respect to victims, organ trafficking is largely touted as an offence driven by poverty and economic difficulty as against greed and sheer criminal tendencies. International legal provisions on organ trafficking do not exactly conceptualise a victim in the context of plain organ trafficking, state parties may exercise their discretion within their domestic legal context. This paper examines the subject of victims and the offence of organ trafficking in Nigeria. This paper adopts a purely doctrinal approach in examining the status of victims in organ trafficking. It makes use of data from primary sources from both domestic and international laws and secondary sources of data on organ trafficking in assessing the status of victims of organ trafficking. The paper argues that the recent cases of organ trafficking reveal that many victims are consenting perpetrators and drivers of organ trafficking rather than being innocent, vulnerable and exploited victims. The law ought not to shield those against whom it must wield its sword of correction and punishment. Hence, the status of victims in cases of organ trafficking should be reviewed differently from victims of trafficking in persons for the purpose of organ removal.
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    The prospects of the African union transitional justice policy 2019 and sustainable peace in Africa
    (Department of International Law, Obafemi Awolowo University, lle-lfe, Nigeria, 2023) Adeyemo, D. D.
    The African Union (A U) adopted the African Union Transitional Justice Policy (AUTJ Policy) in 2019 against the backdrop of attaining sustainable peace within the African continent. The Policy was designed to serve as a continental guide to member States in the design and implementation of context-specific transitional justice programmes within their respective States. The Policy incorporates indigenous principles and elements which member States should adopt to domesticate transitional justice. Presumably, over the years, the African continent has had the highest number of States confronting conflict situations or repressive regimes. Hence, it would appear that the Policy is a timely intervention of the AU in pursuing its agenda of a peaceable and stable continent. The Policy makes several bold innovations and provisions which are potentially capable of transforming the structure for peace and security in Africa. This study attempts to examine the provisions of the Policy against the conventional narratives of transitional justice principles and mechanisms and the goal of sustainable peace. Is the Policy just another document which will wield little or less significant impact within the continent? The paper adopts a purely doctrinal and desktop review approach in analysing the provisions of the AUTJ Policy within the context of the concept of transitional justice and sustainable peace. The study makes use of data from both primary and secondary sources of law and argues that while the adoption of the Policy is an innovative move, it runs the risk of irrelevance where its provisions are merely recommendatory and elicit no binding obligations from member states.
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    Good offices: a veritable alternative dispute resolution tool for peace and nation building
    (2023-10) Bamgbose, O.
    Disputes are a part of life for living creatures, from insects to human beings. While insects or animals mayfightfor space, territory and dominance, human beings and countries fight each other for territory and may engage in war. Throughout history, differences resulting in conflict were resolved, are still being resolved and will continue to be resolved. The traditional societies settled and still settle family disputes without interference from and invitation to the third parties who are not members of that family. The dominance of the British through colonization introduced cultures hitherto unknown into many societies. This also included a justice system foreign to the people. Litigation was one of such. The taking of a dispute out of the family or community jurisdiction, to a court that is set up by the state was introduced and adopted. Litigation was adopted as a process with its advantages and disadvantages. The disadvantages and the problems in litigation brought about a search for an alternative. These alternatives are not totally free of problems but are more acceptable in respect to certain types of cases, than litigation. It is therefore an alternative to litigation. People who have a common identity tend to stay together to build unified societies and nations. However, there are situations that may make it difficult or impossible for people to stay together. In such situations, if actions are not promptly taken to resolve the issues, there may be conflict. This paper looks at the concepts of conflict and conflict resolution, peace in the midst of conflict and the efforts that are made at nation building. The paper, through the use of case studies to support a preposition, suggests that the use of alternatives dispute resolution (ADR) methods in some cases, through the establishment of a grounded ADR structure in place, to resolve conflict rather than the use of litigation may be a solution to nation building.
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    Decolonization of western sahara within the international legal framework: matters arising
    (Academic Staff Union of Universities, 2021) Olaniyan, K. O.
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    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.
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    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.
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    Right to clean and unpolluted air in Nigeria
    (International Centre for Human Rights and Peace Studies, 2020-06) Fagbemi, S. A.
    Right to clean and unpolluted air is a right recognised worldwide as part of human rights. The right has been incorporated into several countries’ constitutions and legislations apart from its recognition in the United Nations Conventions and other treaties. Although, the right to clean air is not expressly codified in Nigeria save legislations for the control ofpollution generally. This paper therefore examines the status of right to clean air in Nigeria. The objective of the paper is to stir up government to enact separate law for the enforcement of right to clean air. The paper adopts doctrinal approach to legal research as sources of its information. The paper finds that institutional constraints have rendered ineffective laws and regulations for the control of air pollution in Nigeria. The paper observes that right to clean air is universal right and argues for the enactment of Clean Air Act in Nigeria has done in other climes to create platform for the enforcement of right to clean air. The paper concludes with recommendation among others for stiffer penalty against Polluters of air and their collaborators in and outside government in Nigeria.
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    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.