scholarly works

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Access to justice for reproductive and sexual health rights of women through law faculty clinics
(Yinkarec Publishers, Ibadan, 2015) Tafita, F.; Bamgbose, O.
Reproductive and sexual health issues affecting women and girls include sexual abuse, rape, coercion, harassment, sexually-transmitted infections, unsafe sex, unwanted pregnancy and illegal abortion, infertility and inability to regulate fertility or negotiate sex. These are most often considered private and confidential, and victims may not desire or require the formalities and exposure of regular courts. The pro-bono legal clinics without resort to the regular courts or litigation, particularly in the resolution of issues affecting women’s reproductive and sexual health rights, is another form of access to justice. The employment of a plural normative system of resolving dispute in African lives and society remains crucial to engendering and ensuring access to justice for women. This paper discusses the concept of access to justice for women in matters affecting their reproductive and sexual health rights. It espouses the role and strategies employed by the Women’s Law Clinic, University of Ibadan in ensuring access to justice for indigent women in Ibadan area of Oyo State of Nigeria whose reproductive and sexual health rights have been violated or threatened. It concludes on the premise that access to justice against violations of reproductive and sexual health rights starts with the initiation of processes for recognition and awareness of these rights. The paper also discusses factors affecting access to justice and remedies against violations of these rights. This paper is based on a desktop and empirical research.
Access to justice through clinical legal education: a way forward for good governance and development
(Pretoria University Law Press, Pretoria, 2015) Bamgbose, O.
Access to justice is a fundamental right that ought to be universal, but a lack of effective access to justice is frequently identified as a major barrier to realising human rights. This relates especially to women. Nigerian women are not sufficiently protected by the legal system. Women in Africa, generally, and in Nigeria, in particular, face numerous barriers that hinder their access to legal services and assistance from legal institutions that are set up to redress wrongs. Under the Constitution of the Federal Republic of Nigeria 1999, it is the duty of government to ensure that all citizens have access to justice. Legal aid clinics have in the last decade developed alongside other governmental legal services. The article discusses the evolution of legal clinics in educational institutions and by non-governmental organisations in Nigeria and focuses in particular on how access to justice through the intervention of the Women’s Law Clinic, University of Ibadan, has impacted on governance and development
Accessing justice for medical negligence cases in Nigeria and the requisite for no-fault compensation
(Department of Private Law, Ahmadu Bello University, Zaria, 2017-09) Tafita, F. M.; Ajagunna, F. O.
Analyses and recommendations for legal regimes of children's right to safe drinking water
(Nigerian Association of Hydrogeologists, 2017-11) Ekundayo, O.S.; Adebisi, N.O.
Studies which discussed the groundwater quality and, management have been duly published. However, little or no attention is paid to on how policy and standard affect the children's access to portable water in Nigerian hydrogeological literature. Considering contamination, depletion and unequal distribution of water, about 1.8 million children die of diarrhea and other water-borne diseases every year. Unfortunately, water has not been clearly stated as a human right though, it sits at the very essence of the right to life and other fundamental human rights. The right to water needs be recognized in a wide range of international documents, including treaties declarations and other standards. The textual study of literature, and legislation to appropriate lawful endorsement of water to satisfy the needs of the children population were made use of in this study. The ma r focus is on children's entitlement to water facilities under international laws. It also incorporates broader water- related rights in a more holistic interpretation of existing international human rights law. Access to safe water and basic sanitation is recommended to be a legal entitlement, rather than a commodity or service provided on a charitable basis. In addition, hydrogeological contribution for technical support of legal regimes will better provide children with portable water supply. The right to water should clearly fall within the category of fundamental human rights essential for securing an adequate standard of living for children, particularly as one of the most essential conditions for survival
Analysis of the rights and duties of insurers in Nigeria
(Ibadan University Press Publishing House University of Ibadan Ibadan, Nigeria, 2018) Anifalaje, K.
The paper analyses the rights and duties of Nigerian insurers at common law emanating from the contractual relationship between the insurer and the insured as amplified or abridged under the statute. It argues that the statutory incursion into the common law rules of uberrimae fidei, insurable interest, conditions and warranties and assignment of policies, circumscribing some of the rights exercisable by the insurer against the insured to defeat just claims as well as expanding the scope of the insurer’s duties in order to improve on service delivery is salutary. The paper, however, concludes that further reform measures, aimed at addressing some other salient issues, are still essential in the overall interest of the insuring public.
The anomalous position of the trustee to debenture in Nigeria.
(International Organization of Scientific Research, 2014) Aina, K.
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.
Appropriate Curriculum for the 21st Century Lawyer
(Cinnamon Press International, Port Harcourt, 2010) Lokulo-Sodipe, J. O.; Olomola, O.
For close to five decades, law faculties and the Nigerian Law School teaching has relied on an education model that focuses on theory, providing minimal opportunity for students to learn and apply the practical problem-solving skills critical to becoming a competent lawyer in real world settings. Modern learning theory provides direction, and the tools are available for improving the legal education system to prepare students for the practice of law. The perspectives and recommendations in this article are presented with the intent of encouraging discussion about the future of legal education in Nigeria. This article is broadly divided into five sections i. e. concept analysis, history of legal education, Pre-NUC; the era of NUC; era of Clinical legal cum NUC and finally proposals for developing an ideal curriculum for legal education in Nigeria. The first section provides an overview of the history and status of legal education. The second section discusses the learning theory and how the profession has fared. It provides answers to criticism as it addresses curriculum, teaching, faculty, and affordability. With high optimism for the future of the profession and the legal education system, I invite you to consider and deliberate on the issues raised in this paper. It is not only possible, but essential, to create a Legal Education for the 21st Century. It is remarkable to state that traditionally, lawyers and law teachers have been resistant to change, arguing that the profession is a noble and conservative one thus not allowing fpr any inference whatsoever. The dynamic reality and the challenges of 21st century legal practice require an equally dynamic and timely response. This paper has outlined one such response: i.e. proposing a workable curriculum for training 21st Century lawyers
Assisted reproductive technology in Nigeria: tackling the issues of commodification and the dearth of legal regulation
(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, 2018-08) Tafita, F. M.; Ajagunna, F. O.
Having children is an extremely important event in the life of individuals, particularly married couples. The success and advancement attributed to invention of assisted reproductive technology (ART) in developed countries, and developing countries such as Nigeria has now made it possible for infertile persons and couples who would otherwise have been unable to conceive and bear children to now have children. However, despite the feats and advancement of medical science in this area, infertility or inability to conceive remains a problem of global proportions. In many developing countries, particularly sub-Sahara countries like Nigeria, ARTs and other related services remain ill-regulated and expensive, leading to abuse, exploitation and commodification. This article examines the issue of commodification in various means of assisted reproductive technology, the various abuses of commodification such as the ‘baby factories ’ and sale of babies in Nigeria. The article exposes the challenges facing assisted reproduction and ill-regulation in Nigeria. The article advocates for a specific legislation to curb the nefarious practice of ‘commodification ’ and also, the recognition and promotion of the reproductive rights of infertile individuals and couples to access and benefit from ARTs
Attitude of students to clinical legal education: a case study of faculty of law, University of Ibadan.
(SAGE Publications, 2016) Adewumi, A. A.; Bamgbose, O. A.
The students of the Faculty of Law, University of Ibadan were introduced to the clinical way of legal education in the year 2008. This is a new teaching method different from the traditional method of teaching law. A specialized Women’s Law Clinic was also inaugurated to complement the clinical work in the faculty. This article reflects on the attitude of the students to this development, using the results of an unstructured interview of some third- and fifth-year law students, some law graduates and some non-law students and graduates who were exposed to the clinical legal education (CLE) method of instruction. The article discusses the new teaching method and the effects on legal and advocacy skills, teamwork and students’ interest in the teaching of law courses. Results show that the attitude of students particularly is very positive towards CLE and it is preferred to the traditional method of teaching.
The bearing of domicile on marriage and matrimonial causes: a comparative perspective
(Department of Business Law, Igbinedion University, Okada, Edo State, Nigera, 2012-05) Anifalaje, K.
Board of directors and corporate governance in Nigeria
(BluePen Journals Ltd., 2013) Aina, K.
The board of directors of a company is a very important organ not only responsible for management but also for adopting good corporate governance and practice in the company. This paper discussed and analyzed with the aid of comparative law, the Code of Corporate Governance in Nigeria and its effect on the board structure, the role, effectiveness and duties of the non-executive directors (NEDs) and how their independence can be assured, guaranteed and monitored to enhance the board’s effectiveness, ensure full compliance with the codes of corporate governance. The regime of compliance and regulation is extremely weak and a case is made for a specialized regulator agency to monitor compliance with the codes, upgrade standard and harmonize the different codes.
Breaches of fundamental rights in African states by state agencies during covid-19: an overview
(Department of Private Law Faculty of Law, University of Maiduguri, 2020) Ibitoye, T. R.; Ilesanmi, S.
Coronavirus (COVID -19) is a global pandemic that affects the respiratory system, hinders easy breathing, may lead to death, and spreads cross-geographically through drops caused by an infected person’s cough, sneeze, or spit. Consequently, it is key for individuals to have free access to the enjoyment of their fundamental human rights at all times. Also, States strive to protect human rights without acting in breach in spite of the pandemic. However, Covid-I9 has justified constraints on the enjoyment of fundamental rights, especially, the» rights to life and health as attempts are made to restrict its transmission via the implementation of quarantine or isolation laws in various jurisdictions. In curbing its spread, many countries, particularly, African states, through the instrumentalities of state agencies, deny people of their rights in so many ways. Hence, this article examines significant International, Regional, and Local Human Rights Instruments on selected five African states; and their applicable Quarantine Laws; their practical responses to Covid-19; breaches committed; and recommends how states can respect human rights during pandemic period experienced in the year 2020.
The cane, the pain and the punishment: corporal punishment in perspective
(Legal blitz, 2015) Bamgbose, O.
Challenges to grant of injunction pending appeal in Nigeria-way out
(2013) Aina, K.
This paper examined the conditions for the grant of Order of Injunction Pending Appeal by Nigerian Courts. The paper traced the origin of the Order from the English authorities, and the adoption into the Nigerian judicial system. The author examined the High Court of Lagos State Rules and the Federal High Court Rules to establish the procedural source of the application of the Injunction Pending Appeal by the Courts and concluded that the rules do not support the Order. The confusion by the Courts in associating the conditions for the grant of Interlocutory Injunction and Injunction Pending Appeal was critically examined. The proper and acceptable conditions for the grant of the Order as laid down recently by the Supreme Court and a call for liberal application of the conditions by the Court as well as a suggestion for a change in the nomenclature concludes the paper.
Child labour and effects of the economic climate on the rights of a child in contemporary Nigeria
(1998) Bamgbose, O. A.
A child is the resource pool from which the future generation is predicated . Many countries are now concerned about the child especially in the area of her right. Child labour was one of the first and most important items targeted for international cooperation. Work is not necessarily detrimental, however it should not be hazardous and exploitative. Certain mechanism influence child survival and development. The gloomy picture presented by the economic climate in Nigeria has made child labour a dominant and problematic area in Nigeria. This in effect has affected the right of the child.
Child trafficking: a trans- border journey of hope to hopelessness
(His Lineage Publishing, Ibadan, 2011) Bamgbose, O.
Child trafficking is a contemporary form of slave trade. Slave trade, a practice that has been abolished in all countries worldwide has resurfaced in the form of child trafficking, the system changing from forced abduction in the slave trade practice as a result of wars and raids to a system of deception and false promise to vulnerable persons in trafficking. The end result of both practices is that the victim is not. Child trafficking is transnational in nature because of the involvement of organized syndicate who specialize in trading children from one country to another. Trafficking in children has become a global business, giving huge profit for traffickers and organized syndicates, generating massive human rights violation and causing serious problem for governments. Today trafficking is one of the major concerns of both government and organization active in the migration field and it is a priority for persons working in the area of human rights, health, law enforcement agencies and social services. This article addresses work as a crime cutting across local and international borders, examines its nature, causes, effects and the global efforts to suppress it.
Clinical legal education and cultural relativism- the realities in the 21st century
(Northumbria Law Press, 2014) Bamgbose, O.; Olomola, O.
‘Ubi jus ibi remedium’ is a Latin maxim that means ‘where there is a wrong, there is a remedy’. Human rights are expected to be universal and applicable to every human being. In reality not all rights guaranteed in the International Instruments are applicable in some African societies with different culture, religion and norms. Culture shapes the identity of people generally in Africa and elsewhere thus the issue of Cultural Relativism is germane to the very existence of people of African descent. International Convention and Instruments provide for Women’ Rights generally and particularly the Right to life. The experience in the Women’s Law Clinic (the clinic) of the University of Ibadan has shown the imbalance between Clinical Legal Education (CLE) and the realities in practice. This paper considers the cultural practices in some societies in Nigeria, the techniques of CLE adopted in the clinic and the challenges of the 21st Century.
Collaborating with other disciplines: best practice for legal clinics - a case study of the women’s law clinic, University of Ibadan Nigeria
(2013) Olomola, O.; Bamgbose, O.
There is a gradual shift in research towards a multi-disciplinary approach. This paradigm move is in compliance with globalization. According to Carla Mariano, the human service professions are facing problems so complex that no one discipline can possibly respond to them effectively. It has been noted that many clients in the Women’s Law Clinic (WLC) of the University of Ibadan not only have problems tagged as legal, but problems closely related to other disciplines such as psychology, sociology, medicine, counselling and social works. It was therefore so obvious that the clinic was not an island; it could not exist all alone and effectively find a holistic solution to the all embracing problems presented by the clients. The clinic therefore partnered with other departments/units to achieve its goals.
Collapsed buildings sagas: liabilities under the criminal law
(2015-12-10) Bamgbose, O.