FACULTY OF LAW

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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.
Admissibility of computer and other electronically stored information in Nigerian courts: victory at last
(2011) Fagbemi, S. A.
There is no doubt that Nigeria is getting her own share of action of the fast-growing Information and Communication Technology. These days, financial transactions, communication system and business activities are done electronically. The growth in the amount of computer and other electronically generated evidence in the last three decades had reduced the entire universe into a global village. Contracts and other business transactions are concluded electronically, professionals such as lawyers, bankers, accountants and other allied experts receive instructions for work electronically, accept instructions electronically and send completed work to their clients via computer and other electronic devices. Courts are not left behind as they also face serious challenges foisted on them due to technological advancement and the introduction of electronically generated evidence. The issue of admissibility of evidence is crucial to judicial proceeding as it has the capacity to determine the outcome of a case one way or the other. This article therefore aims at examining the admissibility of computer and other electronically generated evidence under the newly promulgated Evidence Act of 2011. For the purpose of clarity and appreciation of the issues surrounding the amendment of Evidence Ordinance of 1943 1, the paper will go down the memory lane to chronicle agitations and criticisms that led to the amendment of the Evidence Act inherited from the colonial government in 1943 in order to bring its provision at par with advancement in Information Communication Technology worldwide.
Adolescents, poverty and the constitution
(Royal People (Nig.) Ltd., Ibadan, 2004) Akinbola, B. R.
Adolescents, poverty and the constitution
(Ibadan, Royal People, 2004) Akinbola, R. A.
Adolescents, poverty and the constitution
(Royal People (Nig.) Ltd., Ibadan, 2004) Akinbola, B. R.
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.
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
An analysis of statutory provisions and case law on trade marks registration under the Nigerian trade marks act
(Faculty of Law Obafemi Awolowo University, 2018) Fagbemi, S. A.
The legal implication of trade mark registration is to have exclusive right to use the mark, and if need be, assign the mark to another person for use. The objective of 'trademarks registration is to enhance the economic efficiency of the market place by making the products and producers easier to identify by consumers. The aim of this paper is to analyze the statutory provisions and case law on trade mark registration in Nigeria. In doing this, the pertinent questions which this paper seeks to interrogate among others are: What can be or cannot be registered as trade mark? What is the rationale for trade mark registration? What are the procedures for trade mark registration and the legal effect of registration of trade mark? To answer these questions, this paper explains the meaning and registration of trademark, the paper highlights the advantages of trademarks registration. To understand these advantages, the article itemizes the benefits attached to the registered proprietor on the one hand and the consumers on the other hands. For the purpose of exposition of the intricacies involved in trademark registration, this paper relies heavily on case law on trademark disputes, which illustrates the points being addressed. In conclusion, the paper lists the shortcoming of the extant law on trademark registration in Nigeria with suggestions that the relevant authorities saddled with trademark administration should take steps for the review of extant trademark law in Nigeria.
Analysis of the federal, state and local governments responses to environmental issues and management in Nigeria
(Ibadan University Press Publishing House, University of Ibadan Ibadan, Nigeria., 2015-11) Fagbemi, S. A.
Nigeria is blessed with immense natural resources which are spread over her various ecosystems. However, these natural resources have continued to suffer pressures in the quest for development, uncontrolled socio-economic activities and consumption thus putting the land, air, water, forest and animals species to greater risk of abuse and deterioration. To arrest monumental degradation and extinction of these natural resources, Nigeria governments, at each stratum of governance, are constitutionally saddled with responsibilities to ensuring the protection and sustainability of the environment in the face of natural resources exploration and exploitation. This paper seeks to critically analysis the responses of the three tiers of government in Nigeria to environmental problems. The paper will in particular examine the legislative lists as relate to environmental matters under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The objective of this exercise is to determine the justification or otherwise of the authority given to each tiers of government to legislate on environmental issues. The outcome from this pursuit will be used to proffer solutions to the apparent lopsidedness in the allocation of legislative powers and functions to the three tiers of government in Nigeria on environmental issues.
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.
Antitrust as a panacea for economic development in Nigeria
(2017-08) Akinbola, B. R.; Uwadi, E. C.
Economic development aims at improving the wellbeing and quality of life of a community by creating and/or retaining jobs, supporting or growing incomes and the tax base. Free trade policies which create a high level of competition in the open market are necessary aids for economic development. On its part, Antitrust is a statutory and jurisprudential provision, through which public authorities preserve general welfare by preventing firms from limiting competition, creating monopolies, and charging excessive prices for their products. It aims to ensure the existence of competitive markets and guarantees that firms operating in the free market economy do not restrict or distort competition in a way to prevent the market from functioning optimally. From the foregoing, this paper examined the Nigerian antitrust regime and its import in the economic advancement of the Nigerian economy. The paper found that in developing countries including Nigeria, there is a paucity of antitrust legislation designed to protect consumers, promote free trade and commerce, and prevent unwholesome and unethical trade practices. With a well operated antitrust framework, Nigeria s economic growth will accelerate and gain better stability as well as increase consumer protection.
Antitrust as a panacea for economic development in Nigeria
(2017-08) Akinbola, B. R.; Uwadi, E. C.
Economic development aims at improving the wellbeing and quality of life of a community by creating and/or retaining jobs, supporting or growing incomes and the tax base. Free trade policies which create a high level of competition in the open market are necessary aids for economic development. On its part, Antitrust is a statutory and jurisprudential provision, through which public authorities preserve general welfare by preventing firms from limiting competition, creating monopolies, and charging excessive prices for their products. It aims to ensure the existence of competitive markets and guarantees that firms operating in the free market economy do not restrict or distort competition in a way to prevent the market from functioning optimally. From the foregoing, this paper examined the Nigerian antitrust regime and its import in the economic advancement of the Nigerian economy. The paper found that in developing countries including Nigeria, there is a paucity of antitrust legislation designed to protect consumers, promote free trade and commerce, and prevent unwholesome and unethical trade practices. With a well operated antitrust framework, Nigeria s economic growth will accelerate and gain better stability as well as increase consumer protection.
An appraisal of mechanisms for municipal solid waste disposal and management in Nigeria
(Faculty of Law Obafemi Awolowo University, 2017) Fagbemi, S. A.
The Nigerian environment is faced with plethora of challenges of varying degrees which have continued to degrade the environment with concomitant health impact to Nigerians. For instance, the problem of improper waste disposal in Nigerian environment cut across all types of waste as well as strata of Nigerian society. It is common sight in Nigeria today to see heaps of festering waste dumps in our urban cities and commercial centres, residential apartments, the drains, the highways, corners of major or and minor streets and undeveloped plots of land. This paper seeks to appraise the mechanisms for municipal solid waste disposal and management in Nigeria. The pertinent issues which the paper will interrogate include the patterns and categories of municipal solid waste in Nigeria, the environmental and health impact of waste and the mechanism for waste disposal and management in Nigeria. The paper relies on a desktop study approach; hence information were obtained from previous publication relevant to the current study, particularly from peer reviewed publications. The paper reveals indiscriminate disposal of municipal solid wastes and attendant blockage of drainage channels and flooding of the environment during and after rainfall. The impacts of this include physical nuisance of the environment and hazards to humans' health. The paper concludes with suggestions, amongst others, that government should make concerted efforts to improve the extant waste disposed and management mechanism by strengthening solid waste management infrastructural in Nigeria.
Appraisal of the doctrine of separation of power and its applicability in modern governance for national development in Nigeria
(Faculty of Law, Ebonyi State University, Abakaliki, Nigeria, 2018) Fagbemi, S. A.; Akpanke, A. R.
In every society, especially one that upholds democratic principles, there are usually laid down rules, principles and customs to guide the society referred to as the Constitution. A constitution is the organic law of a nation. It may be written or unwritten. By nature, the primary objective of the constitution is to lay down the basic principles to which an internal life of a country is conformed, organizing the government, regulating, distributing and limiting the functions of its three different principal organs. This paper seeks to examine the doctrine of separation of powers and its applicability in modern governance in Nigeria. The objective of this is to expose its use as instrument of national development. The paper adopts the doctrinal methodology in search for data. It reveals that a fundamental principle underpinning modern governments is that of separation of powers, with a rider that separation of powers can only function properly where there is interplay between it and the principle of checks and balances. The doctrine is presented as a prelude to the conclusion proposed in this paper, which amongst others include that the people who constitute the government should observe the doctrine of separation of powers within the context of the concept of checks and balances as antidote to abuse of power.
An appraisal of the doctrines of exhaustion, ripeness and locus standi as means to preventing frivolous action against administrative decisions in Nigeria
(2015) Lawal, I. B.; Fagbemi, S. A.
Judicial review of administrative decisions is a great weapon in the hand of judges to control administrative excesses and abuse of power. Over the years, several doctrines were developed to aid the court in the determination of whether to intervene in administrative proceedings or to tarry until a decision is reached. To checkmate abuse of power by administrative agency or inferior courts, doctrines like prohibition, certiorari, mandamus, ultravires, declaration, habeascorpus are ready tools in the hands of the judiciary. Conversely, to prevent frivolous actions from citizenry, the doctrines of exhaustion, ripeness, and locusstandi were evolved. Judicial intervention may come either at the preenforcement or post-enforcement stages. The doctrines of exhaustion, ripeness and locusstandi are pre-enforcement remedies, while doctrines like certiorari, declaration and ultravires operate' as post-enforcement remedies. This paper seeks to appraise pre-enforcement remedies. Case law is extensively used to illustrate their import.
An Appraisal of the fundamental human rights and the fundamental objectives and directive principles of state policy of the 1999 constitution
(Centre for Constitutionalism and Demilitarisation, 2015-06) Fagbemi, S. A.
The Fundamental Objectives and Directive Principles of State Policy and Fundamental Human Rights provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) have been subjects of discussion for several decades. Discussions on the two principles, without doubt, will continue to attract attention owing to their importance to the life, dignity as well as well-being of the citizens. This paper is yet another effort at finding the synergy between the two principles. It should be noted right from the outset that opinions express in this paper is not meant to be exhaustive, however, they will provide platform for further legal exposition on the beneficial relationship between the Fundamental Objectives and Directive Principles of State Policy and Fundamental Human Rights. This paper seeks to establish the synergy between the two principles. In this regard, this paper traces the origin of the fundamental human rights, the difference between fundamental rights and human rights. Furthermore, it itemizes the rights protected under the Fundamental Objectives and Directive Principles of State Policy. Importantly, the paper examines the legal framework for its enforcement and conclusively recommends that Fundamental Objectives and Directive Principles of State Policy should be placed in the same pedestal with Fundamental Human Rights to make its provisions justiciable in the Nigerian Courts.
An appraisal of the socio-legal implications of population growth on the environment
(2013) Fagbemi, S. A.
Year in year out, population has continued to be on the increase throughout the world. The rise in population is due to several factors some of which are low mortality rate, improved medical and technology apparatus, industrialization, improved economy, fall in death rates and urbanization amongst others. However, population growth has continued to take its toll on the environment and other natural resources in the planet earth. Hence, the fear now is whether, due to the population growth, the carrying capacity of the environment will be able to sustain the trend. The thrust of this paper is, therefore, to appraise the socio-legal impact of the population growth on the environment. In doing this, the paper discusses various factors that contribute to population growth and the effect of popidation generally on the environment. The paper concludes with few suggestions to stem the tide of population growth globally.