FACULTY OF LAW
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Item The right of aliens to hold interest in land: demystifying the conundrum of "all Nigerians" and "any person" as used in the land use act(Department of Public Law and Department of Jurisprudence and International Law Faculty of Law, University of Ibadan, Ibadan, 2017) Nwafor-Maduka, O.The role of the courts through its interpretative jurisdiction to the development and overall growth of a nation cannot be over emphasised. The laws become policy statements when given life by the courts. In doing so, the courts must strike a balance between interpreting the letters of the law and adopting an interpretative approach that will enhance the socio- economic development of all persons resident within the territorial jurisdiction of the State. Laws made and Interpreted must reflect an intention to protect these sets of individuals and enhance their well-being. Consequently, this paper examines the provisions of LUA as it relates to the rights of aliens to own interest in land in Nigeria. The aim is to determine whether the lawmakers intend to restrict an alien from holding interest in land. This examination is crucial if it is considered that land plays an important role in economic development of any society. Therefore. this paper argued that the right to work of many occupations is invariably- tied to land and. as a result, the court in interpreting the provisions of the L UA must give it its widest interpretationItem 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 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 Procurement law in Nigeria: challenges in attaining its objectives(Sweet & Maxwell, 2012) Osuntogun, A. J.Item Corruption in the defence sector and armed conflicts in Nigeria: defining the nexus(Department of Public Law and Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2017) Adeyemo, D. D.Ordinarily, armed conflicts and corruption appear disparate, but studies have shown that the two concepts are not unconnected. While a comprehensive definition of corruption seems elusive, it is clear that it plays an overarching role before, during and after armed conflicts. In the last decade, Nigeria has suffered immensely from the ills of internal armed conflicts which are easily traced to poor governance, ethnic/religious crises, political and economic inequality, insurgency and so on without any direct link to the role of corruption. This paper attempts a theoretical explanation for the link between armed conflicts in Nigeria and corruption in the Defence sector with specific focus on Boko Haram insurgency in the north-eastern part of Nigeria. The paper examines the capacity of a state to offer good governance and provide security within and around its borders and its direct impacts on the incidence and dynamics of internal armed conflicts. The greed and grievance theory may have proffered the possible nexus between internal armed conflicts and corruption but the exact role of corruption in armed conflicts is situation-specific. While corruption may not necessarily initiate internal armed conflicts, it may be an underlining factor in shaping the incidence, duration and character of armed conflicts. In about a decade since the insurgency started, Nigeria has suffered immensely from and is still grappling with the ills of internal armed conflict. The susceptibility of the Nigerian defence system to corruption and manipulative activities of politicians reveals the ills of corruption before, during and after armed conflict. Corruption in arms and military equipment procurement, lack of transparency in military expenditure and contracts, laundering of proceeds of such corrupt deals by corrupt military officials have far-reaching consequences in exacerbating armed conflicts. This paper focuses on the Armsgate scandal of 2014 and the subsequent report by Transparency International (TI).