scholarly works
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Item Propriety of judiciary staff union of Nigeria strike towards securing the financial autonomy of the judiciary in Nigeria(Department of Public Law, University of Benin, Nigeria, 2021) Eyongndi, D. T.; Adeniji, S.This paper adopts the doctrinal methodology in appraising the propriety of the JUSUN strike embarked upon to compel State Governments to' recognise the financial autonomy of the judiciary. Thus, strike action is a last deployed by employees to compel their employer to grant their demands; it is a corollary of the right to freedom of association guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN). The paper examines the provision of the Trade Disputes Act (TDA) as to the prerequisite and grounds upon which employees can embark on strike action, the meaning of trade dispute to ascertain whether the dispute that led to JUSUN strike is a trade dispute. The paper found that, while employees are legally permitted, upon fulfilment of certain conditions, to embark on strike, the strike embarked upon by JUSUN, does not come within the ambit of sections 18, 43 and 48 of the TDA and the dispute pursuant to which the strike is anchored, is not a trade dispute hence, same is therefore illegal It argues that; while judicial officers are unable to "unionise" and embark on strike, the category of judicial staff who are directly affected by the lack of financial autonomy of the judiciary, are regarded as projection of management and therefore ineligible to join or form trade union (JUSUN). Also, despite embarking on an illegal strike, members of JUSUN are paid salaries notwithstanding the provision of the TDA. Giving the commitment shown by the Nigeria Governors Forum (NGF), the Nigerian Bar Association (NBA) and other sympathising stakeholders should implore JUSUN to call of the strike or governors should invoke no work, no pay rule.Item Examination of the territorial jurisdiction of the national industrial court of Nigeria and the service of processes outside the jurisdiction of the court(Department of Public Law Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2021-06) Adeniji, S. A.Sections 97, 98 and 99 of the Sheriffs and Civil Process Act (SCPA) requires that, originating processes to be served outside the issuing state, must be endorsed that, same is for service outside the issuing State or the Federal Capital Territory for their service to be valid. Giving the fact that, the National Industrial Court of Nigeria (NICN), just like the Federal High Court (FHC), has a nationwide jurisdiction, does the above requirement of the SCPA applies to the NICN? Does the failure to specifically mention the NICN in the definition section of the SCPA as courts is the NICN not excluded? Docs the specialised nature of the NICN exclude it from the application of the SCPA as far as endorsement and service of originating processes is concerned? These issues, form the crux of this paper which adopts the doctrinal methodology to evaluate these issues by reviewing the Court of Appeal decision in Johnson v. Ezc. It argues that, the NICN having a nationwide coverage with judicial divisions for administrative and adjudicatory efficiency, the requirement of the SCPA is inapplicable. Aside being a specialised court poised at efficient and timeous adjudication, the exclusion of the NICN in the definition section of the SCPA, although being of coordinate jurisdiction with other High Courts (IIC), buttresses the inapplicability of the SCPA endorsement requirement. It argues that, the decision is a welcomed development; it will aid continuous efficiency of the NICN; insulate it from potential technicalities arising from the applicability of the requirement of the SCPA based on the sensitive subject matter it adjudicates upon.Item The court of appeal decision in Babatunde v. Osun State college of education: the prerequisite duration of retainership contract(Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Rivers State, 2022-12) Adeniji, S. A.In legal practice, a client may engage a legal practitioner on a case basis or enter into retainership contract where the lawyer is expected to offer a range of agreed legal service for a period of time for a fee he is entitled to even if no service is rendered at the instance of the client. Like any other enforceable contract, it is expedient to expressly state the duration and other terms of a legal retainer. Where the duration is not stated but the fees are usually pay on yearly basis, the court shall treat the same as a yearly contract subject to yearly application and approval by the client. This paper which adopts doctrinal method, examines the imperativeness of stating the duration of retainership contract by examining the Court of Appeal decision in Babatunde v. Osun State College of Education where the court held that where the intention of the parties is not expressed, same will be discovered by examining the totality of the circumstances regulating the relationship. The paper examines the effect of the judgment on legal retainership in Nigeria. It found out that; failure to specify the duration of retainership, will open same to be construed as a yearly contract subject to renewal by the client upon the application of the legal practitioner. The paper makes vital recommendations on the issue going forward before conclusion.Item Reparative complementarity in international criminal law and victims of core international crimes in Nigeria(2020) Adeyemo, D. D.The Rome Statute of the International Criminal Court evinces a victim- centred concept through the provisions of Article 75, by providing reparations to victims in addition to prosecutions of perpetrators. On the other hand, the operation of the International Criminal Court is built upon the principle of complementarity, which gives primacy to jurisdictions of domestic courts in prosecuting core international crimes over the ICC. Reparations are important to victims, in fact, it may appear that victims who participate in criminal proceedings do so with the aim of getting more than just prosecution of the perpetrators, but much more reparative remedy The concept and practice of reparations at the ICC, especially in the reparation decisions thus Jar, has its own peculiar challenges. Despite the challenges relating to the practice of reparation at the ICC, there is a growing concern as to whether victims have a right to seek reparations from their States and whether States in turn have the obligation of providing reparations to victims following the principle of complementarity. Thus, are Slate parties obliged to incorporate reparations in line with domestic prosecution of core international crimes in fulfilment of their obligations to prosecute? Assuming Stales parties are obliged, what would the principle of ‘reparative complementarity' portend for a country’ like Nigeria where the concept of reparations to victims in criminal law context, appears alien? The paper interrogates the above questions and others in the light of the hundreds of thousands of displaced victims of the insurgency and armed conflicts in the country. The paper adopts a doctrinal and library based approach to examine the concept of reparative complementarity and its practical application to Nigeria's obligations to victims of crime in international criminal law. The paper argues Jar a variant of reparative complementarity which distils two main perspectives of State obligation in reparative complementarity and advocates for a more victim centred approach to criminal justice in Nigeria.