scholarly works
Permanent URI for this collectionhttps://repository.ui.edu.ng/handle/123456789/353
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Item Cultural and legal perspectives of marital rape issues in Nigeria(Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Jos, Nigeria, 2020) Ibitoye, T. R.Marital rape, also known as, Spousal Rape is a form of domestic violence, public health challenge, and human right issue which occurs whenever a husband has sex with his wife without seeking her consent. It is similar to the offence of rape with the major distinction of the existence of marriage between the parties involved. Although the offence of rape is criminalised in Nigeria, marital rape is not. The major reason for this is not far-fetched: the patriarchy cultural system practiced in Nigeria elevates a husband to the position of dominance while it robs a wife of her privacy, liberty, sexuality and renders her to become her husband’s property, thus, he can ‘lawfully’ rape her in marriage and not act illegally. Due to this, a lot of women '-suffer silently in the hands of their husbands, and some even die. Therefore, in a bid to resolve the problem of marital rape in Nigeria, this article defined some related concepts to marital rape; determined the prevalence of the latter globally; analysed the extant laws on rape and '-non-recognition of marital rape; study the patriarchy cultural system practiced in Nigeria; examined contending issues in the criminalisation/prosecution of marital rape in Nigeria; and concluded with recommendations.Item 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.