FACULTY OF LAW
Permanent URI for this communityhttps://repository.ui.edu.ng/handle/123456789/274
Browse
14 results
Search Results
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 Propriety of judiciary staff union of Nigeria strike towards securing the financial autonomy of the judiciary in Nigeria(Department of Public Law, University of Benin, Nigeria, 2021) Eyongndi, D. T.; Adeniji, S.This paper adopts the doctrinal methodology in appraising the propriety of the JUSUN strike embarked upon to compel State Governments to' recognise the financial autonomy of the judiciary. Thus, strike action is a last deployed by employees to compel their employer to grant their demands; it is a corollary of the right to freedom of association guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN). The paper examines the provision of the Trade Disputes Act (TDA) as to the prerequisite and grounds upon which employees can embark on strike action, the meaning of trade dispute to ascertain whether the dispute that led to JUSUN strike is a trade dispute. The paper found that, while employees are legally permitted, upon fulfilment of certain conditions, to embark on strike, the strike embarked upon by JUSUN, does not come within the ambit of sections 18, 43 and 48 of the TDA and the dispute pursuant to which the strike is anchored, is not a trade dispute hence, same is therefore illegal It argues that; while judicial officers are unable to "unionise" and embark on strike, the category of judicial staff who are directly affected by the lack of financial autonomy of the judiciary, are regarded as projection of management and therefore ineligible to join or form trade union (JUSUN). Also, despite embarking on an illegal strike, members of JUSUN are paid salaries notwithstanding the provision of the TDA. Giving the commitment shown by the Nigeria Governors Forum (NGF), the Nigerian Bar Association (NBA) and other sympathising stakeholders should implore JUSUN to call of the strike or governors should invoke no work, no pay rule.Item Examination of the territorial jurisdiction of the national industrial court of Nigeria and the service of processes outside the jurisdiction of the court(Department of Public Law Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2021-06) Adeniji, S. A.Sections 97, 98 and 99 of the Sheriffs and Civil Process Act (SCPA) requires that, originating processes to be served outside the issuing state, must be endorsed that, same is for service outside the issuing State or the Federal Capital Territory for their service to be valid. Giving the fact that, the National Industrial Court of Nigeria (NICN), just like the Federal High Court (FHC), has a nationwide jurisdiction, does the above requirement of the SCPA applies to the NICN? Does the failure to specifically mention the NICN in the definition section of the SCPA as courts is the NICN not excluded? Docs the specialised nature of the NICN exclude it from the application of the SCPA as far as endorsement and service of originating processes is concerned? These issues, form the crux of this paper which adopts the doctrinal methodology to evaluate these issues by reviewing the Court of Appeal decision in Johnson v. Ezc. It argues that, the NICN having a nationwide coverage with judicial divisions for administrative and adjudicatory efficiency, the requirement of the SCPA is inapplicable. Aside being a specialised court poised at efficient and timeous adjudication, the exclusion of the NICN in the definition section of the SCPA, although being of coordinate jurisdiction with other High Courts (IIC), buttresses the inapplicability of the SCPA endorsement requirement. It argues that, the decision is a welcomed development; it will aid continuous efficiency of the NICN; insulate it from potential technicalities arising from the applicability of the requirement of the SCPA based on the sensitive subject matter it adjudicates upon.Item The court of appeal decision in Babatunde v. Osun State college of education: the prerequisite duration of retainership contract(Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Rivers State, 2022-12) Adeniji, S. A.In legal practice, a client may engage a legal practitioner on a case basis or enter into retainership contract where the lawyer is expected to offer a range of agreed legal service for a period of time for a fee he is entitled to even if no service is rendered at the instance of the client. Like any other enforceable contract, it is expedient to expressly state the duration and other terms of a legal retainer. Where the duration is not stated but the fees are usually pay on yearly basis, the court shall treat the same as a yearly contract subject to yearly application and approval by the client. This paper which adopts doctrinal method, examines the imperativeness of stating the duration of retainership contract by examining the Court of Appeal decision in Babatunde v. Osun State College of Education where the court held that where the intention of the parties is not expressed, same will be discovered by examining the totality of the circumstances regulating the relationship. The paper examines the effect of the judgment on legal retainership in Nigeria. It found out that; failure to specify the duration of retainership, will open same to be construed as a yearly contract subject to renewal by the client upon the application of the legal practitioner. The paper makes vital recommendations on the issue going forward before conclusion.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 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.