FACULTY OF LAW
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Item Examination of legal frameworks for town and urban planning and housing in Nigeria(Department of Guidance and Counselling, University of Ibadan, 2019-06) Fagbemi, S. A.This paper seeks to examine the legal frameworks for town and urban planning and housing policies in Nigeria. The questions which this paper will interrogate among others are: What are the Nigerian urban and housing problems? What legal instruments are put in place to curb these challenges? What are the impact of the existing legal instruments on the quest for affordable shelter in Nigeria? To achieve the objective of this paper, the paper adopts analytical research methodology and places heavy reliance on library and internet sources for information to identify the various challenges confronting Nigerian urban planning, development and housing needs. The paper reviews relevant legal instruments on urban planning and housing. The paper observes that a careful examination of urban and housing policies in Nigeria revealed potentialities without meaningful impact on the physical development of the country and availability of affordable shelter to Nigerians. Part of major draw-back in the implementation of physical urban development and housing policies is attributable to the level of public participation in the process of the decision making. Thus, the principles and goals of these policies were not internalized by members of public for whom they have been designed. The paper concludes with recommendations among others for a political will on the part of government to checkmate administrative bottlenecks working against the realization of Physical Urban Development and National Housing Policies objectives. Workable solutions should also be developed to internalize urban and housing policies through educational tools such as Information and Communication Technology and Social Media in combating urban planning and housing challenges in Nigeria.Item Environmental litigation in Nigeria: the role of the judiciary(Amaka Dreams Ltd, Awka, Anambra State, Nigeria, 2019-04) Fagbemi, S. A.; Akpanke, A. R.Environmental laws are put in place to mitigate the threatening environmental problems resulting from human activities. To checkmate these human activities, courts are established by governments with jurisdictions to entertain environmental litigations to protect and redress environmental wrongs in Nigeria. The aim of this paper is to appraise environmental litigation under the Nigerian jurisprudence and the role of judiciary in resolving such matter. To achieve this objective, the questions which the paper seeks to interrogate among others include: What role has judiciary played in promoting and protecting the right to a healthy environment in Nigeria? What are the jurisdictional obstacles militating against the use of litigation to protect and redress environmental wrongs in Nigeria? In answering these questions, this paper discusses the nature of Nigerian environmental litigations and courts confer with jurisdiction to entertain environmental litigation. The paper examines various impediments to environmental litigations in Nigeria. The paper argues for the encouragement of private and public interest litigation and creation of procedure for enhancing public participation in Nigerian environmental protection. The paper concludes with recommendation for the establishment of environmental court.Item Scope and relevance of customary arbitration as mechanism for settlement of dispute in the 21st century(Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2019-04) Fagbemi, S. A.This paper examines the scope and relevance of customary arbitration proceedings in Nigeria prior to the advent of modern arbitration practice. The paper argues for the relevance of customary arbitration in this 21st century. It discusses the basic characteristics and requirements of a valid customary arbitration. The paper submits that the validity of customary arbitral award is determined by voluntary submission of dispute by parties to traditional arbitrator(s) recognised under native law and custom and that in the absence of any vitiating elements that may affect the voluntariness or otherwise of such an arbitral process, the arbitration is binding on the parties and would operate as estoppel to bar subsequent proceedings between the parties. The paper advocates for the adoption of customary arbitration as dispute settlement mechanism in Nigeria along-side the statutory arbitration to give parties the option of choosing either of the two mechanisms for resolution of their disputes.Item 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.Item Duties of legal practitioners and challenges of legal practice in Nigeria(2019) Fagbemi, S. A.The thrust of this paper is to appraise the duties of legal practitioner and various challenges confronting legal practice in Nigeria. The pertinent questions which this paper seeks to interrogate are: What is the origin of legal profession in Nigeria? What are the duties and responsibilities of legal practitioners in the society? What is the code of ethics for legal practitioners? What are various challenges confronting legal practice in Nigeria? To resolve these questions, the paper traces the evolution of legal profession in Nigeria. The paper highlights various duties of legal practitioner to his clients and various challenges confronting legal practice in general. The paper concludes with a recommendation among others that a legal practitioner must keep abreast of ethical principles and be creative in the application of his knowledge of legal principles to solve legal issues and real life problems professionally.Item Making case for the continuing existence of sovereign wealth fund in Nigeria(Society for Legal Research and Development, Ibadan in conjuction with Dean's Office Faculty of Law, University of Ibadan, Nigeria, 2018-07) Fagbemi, S. A.; Akpanke, A. R.It is no longer news that the Excess Crude Account established by Chief Olusegun Obasanjo administration in 2004 is today co-existing with the Sovereign Wealth Fund established by Dr. Goodluck Jonathan administration in 2011 pursuant to the enactment of Nigeria Sovereign Investment Authority (Establishment etc) Act. The continued existence of the two accounts have come under intense criticisms and in particular the constitutionality of the two accounts as well as moral and economic justification for withdrawal and expenditures from the accounts since their establishment leading to calls for the discontinuance of the two accounts. While this paper support the calls for closure of Excess Crude Account, it makes case for the continued existence of Sovereign Wealth Fund. The issues which the paper interrogates amongst others are: What are the objectives of Excess Crude Account and Sovereign Wealth Fund? Whether the two accounts are constitutional, or put in another way, what is the legal frameworks for the operation of the two accounts in Nigerian? Is there any justification for the two accounts to co-exist together as part of Nigerian fiscal policy? The paper argues that there is no moral and or economic justification for the co-existence of the two accounts. The paper recommends the closure of the Excess Crude Account with a call for continue existence of the Sovereign Wealth Fund subject to the amendment of enabling statute - Sovereign Investment Authority (Establishment etc) Act - to bring its provisions in conformity with Nigerian Constitutional provisions on the appropriation of the nation funds.Item 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.Item Linkage between population growth and sustainable development: legal and regulatory antidote(Centre for Advanced Training and Research, Accra, Ghana., 2017) Fagbemi, S. A.This paper examines the linkage between population growth and sustainable development and various legal strategies introduced to achieve sustainable development in Nigeria. The paper adopted doctrinal analytical approach. The paper examines the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and various subordinate laws enacted in Nigeria to achieve sustainable development. Due to the negative impact which population growth has on the achievement of sustainable development, the paper examines the provisions of the population policy for sustainable development as well as the National Policy on the Environment. The paper argues that the ineffective implementation of population policy and various legal frameworks have inhibited the attainment of sustainable development in Nigeria. The paper concludes that the increasing rate of population growth has been a recurrent challenge to the achievement of sustainable development and therefore recommends the need for enactment of substantive law with sanctions for population control. The paper further recommends that the existing laws and policies on sustainable development should be enforced by relevant agencies, whilst the 1999 Constitution should be amended to make environmental objective part of human rights provisions.Item 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.Item Assessing contraceptive use and its impact on population control in Nigeria(Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria, 2017-07) Fagbemi, S. A.Labour disputes in Nigeria have assumed such fervent dimension that there arose the dire need to arrest situations arising therefrom, or, as an alternative, watch the entire governmental and economic system crumble. The need to provide forum for the resolution of labour related disputes call for both legislative and judicial interventions to tame the rising trends in the 1970s. Part of the legislative intervention at the time was the establishment of the National Industrial Court of Nigeria as a special court with jurisdiction to entertain trade and labour related disputes. The court was further given power to make rules for its operation and to guide proceedings before it. To this end, the court recently enacted another set of Rules, which repealed the 2007 Civil Procedures Rules of the court. The thrust of this paper is to analysis the rules, practice and procedure of National Industrial Court in labour disputes in Nigeria. The objective is to sensitize and appraise litigants on the rules, practice and procedures of the court and how best to harness them in the resolution of labour disputes. The paper concludes with suggestions that will promote effective administration of justice in labour related disputes in Nigeria.