scholarly works
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Item 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.Item Landlord versus tenants: a critical appraisal of conflict in tenancy law in Nigeria(2017) Onakoya, O.In Nigeria today, housing; particularly in the urban areas remains an intractable problem. Acute shortage of shelter is a common phenomenon as many people are chasing the few available accommodation. In recent times, the problem of shelter in Nigeria has reached a threatening stage with different fallouts ranging from socio-economic to legal and cultural impacts. The two major stakeholders in tenancy contract, namely: (i) Landlord and (ii) Tenant, now have their relationship regulated by plethora of tenancy laws in Nigeria. This paper examines the duties and liabilities of landlord and tenant under the common law and diverse existing tenancy laws in Nigeria. Critical issues such as types of tenancy, commencement of tenancy relationship and the legal procedure for terminating such relationships were carefully examined. It is observed that oftentimes there are conflicts between the landlords and tenants which attempts have been made by drafters of the law to either prevent or legally resolved. It is however the opinion of this writer that such tenancy laws should be reviewed to consider and accommodate other issues such as economic and sociological factors as legal consideration without more can neither prevent nor resolves conflict arising out of tenancy relationships.Item Fundamental rights (enforcement procedure) rules 2009: a paradigm shift in human rights protection in Nigeria?(David Publishing Company, 2013) Onakoya, O.Human rights are natural and inalienable to human beings generally, irrespective of tribe, creed, colour, sex and whatever description. The I960 Independence Constitution of Nigeria introduced a pivot Provision into the Constitution of the country by expressly providing for items classified as ''Fundamental Human Rights", which other subsequent constitutions, namely, Constitution of the Federal Republic of Nigeria 1963, 1979 and 1999 were modeled after. The Rights, that is the fundamental human rights which is present by contained in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 is no doubt a lofty Provision which traverse almost every areas of human activities which should ordinarily be protected. However, since it is generally believed that "a law is no law except it is capable of being enforced". the Fundamental Rights (Enforcement Procedure) Rules was enacted with the sole purpose of serving as a directive which spelt-out the procedure an aggrieved person must follow in enforcing the relevant provisions on fundamental human rights where same are violated. It is instructive to note that even though the earlier Fundamental Rights (Enforcement Procedure) Rules of 1979 and 2008 were adopted for the purpose of giving life to the relevant provisions of the Constitution yet not much was achieved in this area particularly with respect to the commencement of actions bothering on violation of fundamental rights by the aggrieved persons, not to mention the expensive costs of litigations. The previous fundamental rights (enforcement procedure) rules of 1979 and 2008 respectively appear to have diminished the loftiness of the rights enshrined in chapter IV of the Constitution due to the technicality, awkwardness and bottlenecks in its application. This paper, however focuses on the critical examination of the Fundamental Rights (Enforcement Procedure) Rules 2009 which has its main overriding objectives of (i) expansive and purposeful Interpretation, access to justice; public interest litigation, abolition of objections on ground of locus standi; and expeditious trial of human rights suits among others. The empirical findings of the study and analysis reveal that the 2009 Rules being the thrust of this paper is not only a clear departure from the previous Fundamental Rights (enforcement procedure) Rules but specially designed to enhance human rights protection in Nigeria particularly under the current democratic dispensation.Item Critical appraisal of contract of employment under the Nigerian legal system(2009) Onakoya, O. O.Ever since the abolition of slavery, workers have become entitle to the freedom to determine what work they would warn to do and also ascertain the terms and conditions upon which their Services are being hired. Consequently, it is noted that Labour Law rest heavily upon the legal phenomenon, the individual contract of employment, in which two parties namely the employer and the individual employee are looked at by the law as equals to a legally enforceable agreement. The laws which govern employment occupy a Position of considerable importance in any modern society. This is so because of the tremendous contribution which workers can make to a national growth and development as well as the general well-being of the nation’s citizenry. In this paper we shall examine the various aspects of the contractual relationship between the employer and the employee, particularly the formation of contract of employment, rights and obligations of parties to the contract and the impact of the related legislations on the subject of discourse.Item Examination of the legal framework of kidnapping and hostage-taking in Nigeria(Faculty of Law, University of Jos, Jos, Plateau State, Nigeria, 2018) Ibitoye, T. R.The crimes of kidnapping and hostage-taking in Nigeria have evolved from being means of calling the attention of the government towards the marginalization of Niger-Delta Region, to organised crime committed for ransom that violate the fundamental human right of liberty and freedom of movement of a person which pose vital challenge to the security of lives of Nigerian citizens. Hence, this study looks at the history, statistics /incidents, targets, causes and types of kidnapping. It goes further to examine the extant laws of kidnapping and hostage-taking in Nigeria and their lacunae. The study also discusses some challenges of kidnapping and recommends the necessity of making a new law or amending the existing one by filling up some lacunae particularly the punishment section. The government, security agents, and the Nigerian citizens are sensitized to be more proactive, vigilant and security conscious in combating kidnapping and hostage-taking for ransom in Nigeria.Item An examination of the right to health of people living with HIV/AIDS in Nigeria(The Department of Private Law, Faculty of Law, University of Maiduguri, 2017) Ibitoye, T. R.Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) is a serious public health challenge in Nigeria, and the world at large. Anyone and everyone can become its victim as it can be contacted sexually or otherwise such as through blood transfusion, blade, pin or needle. However, some groups of people are more vulnerable to contact the disease than others, and unfortunately, the former’s human rights, particularly, their rights to health have been denied by their loved ones, communities and the government, thus, exposing them to various forms of discrimination and social exclusion. Thus, this article shall discuss the concepts of human rights, right to health, and HIV/AIDS. It will also discuss the complicated relationship between HIV/AIDS and human rights, specifically right to health; and also examine the legal framework on the right to health in Nigeria provided for by international and regional treaties of which Nigeria is signatory, and her local laws. Furthermore, it will consider the vulnerable groups of people living with HIV/AIDS (PLWHA) in Nigeria. Additionally, it will examine the extent to which rights to health are enjoyed by PLWHA in Nigeria. Finally, it will conclude by recommending solutions to the denial of treatment in Nigerian health care institutions.Item 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.