Public & International Law

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Adolescents, poverty and the constitution
(Royal People (Nig.) Ltd., Ibadan, 2004) Akinbola, B. R.
Adolescents, poverty and the constitution
(Royal People (Nig.) Ltd., Ibadan, 2004) Akinbola, B. R.
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.
Asphyxiating impediments in access to equal right to education for persons with disabilities in Africa
(2018) Akinbola, B. R.
Disability does not disqualify a person from the enjoyment of the right to education and other social benefits, out in practice certain impediments limit the access of persons with disabilities (PWDs) to the right to education -weed Tie right to education is a key that unlocks other rights and therefore has a multiplier effect in terms of its benefits This article examined how the right to education though provided for in various international, regional and national instruments in recognition of its importance, still eludes many PWDs in Africa due to certain impediments The methodology for the research is doctrinal and analytical. The result shows that although the various provisions — legal instruments to guarantee equality of the right to education ought to make much more difference to the level of access to education for PWDs, it has not been so especially in Africa, due to several impediments. The impediments social and physical, include discrimination on grounds of disability, lack of funding, lack of materials in accessible formats such as Braille, sign language or visual representations of verbal information, lack of teacher training programs, occasioning in a scarcity of qualified teachers and support staff. Other impediments include lack of accessible and affordable means of transportation. To ensure that the right to education achieves its goals in the lives of PWDs and the society reaps the benefits thereof, the paper concludes by recommending affirmative action, better funding, deliberate training of qualified teachers and other measures to make equal right to education a reality and not just a paper Tiger for PWDs in Africa.
Disability, disaster management and the law in Nigeria
(Safari Books Ltd., Ibadan, 2018) Akinbola, B. R.
A strong link exists between disaster and disability. Disasters frequently cause disabilities for persons who had none and worsen or cause additional disabilities for persons with disabilities (PWDs). PWDs are usually more at risk in the event of a life- threatening human induced disaster such as bomb explosion or natural disasters like earthquake, tsunami, landslide. Disasters can lead to harm that can be prevented or reduced by including disability in disaster management. PWDs are disproportionately represented among casualties of disaster due to failure to mainstream disability in disaster risk reduction programmes. Incidental or charitable intervention for PWDs in the event of disaster needs to be replaced by a right-based approach to disaster risk management, which mainstreams disability and the peculiar needs of PWDs. While disaster management should cover all segments of society, PWDs are viewed as recipients of charity rather than subjects of rights. Article 11 of the CRPD provides for the right of PWDs to all available measures which the state should provide, to ensure protection and safety of PWDs in situations of risk, including armed conflict, humanitarian emergencies and the occurrence of natural disasters. This chapter discusses the intersections between disability and disaster management in Nigeria. It focuses on PWDs and disaster, due to the high number of persons affected by disability either as PWDs or as caregivers, the existing level of discrimination against PWDs in access to social benefits, as well as the potential of disasters to either aggravate disability or increase the number of PWDs by causing injuries, damages, displacements, health hazards due to poor hygiene, food and water shortages. The paper concludes with recommendations including the need to mainstream disability in disaster management plans, implementation and post disaster recovery activities, reflecting the principles of equality and non-discrimination in all disaster management programmes, enacting disaster management laws at all levels, creating awareness and preparedness drills for everyone, and for PWDs in the language that they understand, like Braille and sign language.
Educational reforms for the actualization of the rights of persons with disabilities
(2014) Akinbola, B. R.; Osiki, J. O.
This paper examined the educational reforms on the rights of access to education (RtE) of persons with disabilities (PWDs) from the backdrop of the six Geo-political zones of Nigeria. It argued that the lack of a precise legislation regulating the RtE of PWDs, the non-domestication of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and non-inclusion of the RtE in the Constitution of the Federal Republic of Nigeria (CFRN) as a justiciable right have created a lacuna in the implementation of de jure and de facto equality which then hinders the protection of the RtE of PWDs. The study utilized 399 participants including tertiary Institutions’ students, teachers and administrators that responded to self- constructed and validated research measures in an ex-post-facto research design format. Statistical inference was taken at 0.05 alpha. Prominent among the findings showed that an approximate 76% of the participants submitted that PWDs do not have easy access to educational facilities; and subsequently impede their potential to learn. Furthermore, 73.0% of the participants said that educational policies and reforms for the right to and equal access to education is lopsided and adversely affect the PWDs. Finally, 69.0% also failed to affirm that educational policies and reforms have balance structures catering for both the PWDs and their counterpart (i.e. the people without disabilities). It therefore recommended that the constitutional provision on education should form part of the enforceable fundamental rights while the provision of existing laws, policies on education and other developmental plans in Nigeria should mainstream disability.
Employer’s duties at common law and under statutes: some reflections
(Hybrid Consult Legal Research, Publishing, Training & Consultancy, 2010-06) Akinbola, B. R.
Enhancing the quality of education in Nigeria through a human rights-based approach
(Faculty of Education, University of Ibadan, Ibadan., 2015) Akinbola, B. R.
This article articulated an overview of the concept of human rights and its linkages to education. It examine the definition, attributes and classifications of human rights, arguing that, a human right based approach to education is imperative for Nigeria in keeping up with global minimum standards and currency in a globalised world. It outlines the framework of laws on education at the international, regional (African) and national (Nigerian) levels. It notes that the right to education in Nigeria is in Chapter II of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 titled: Fundamental Objectives and Directive Principles of State Policy in sections 16 and 17, meaning that the obligation of the government is at the level of objective policy of the state which may not ordinarily be enforced in the same way as the rights in sections 33-46 of the CFRN 1999, for which individuals may sue the government for violation. Since human rights laws define government obligations and mandates in educational provisions and influence national education strategies, the article examine the necessary elements and advantages of a right-based approach to education. It concluded by recommending that it is necessary for Nigeria to integrate and fully implement the rights based education approach at all levels of education in the country to make education holistic.
Environmental right and human rights enforcement in Nigeria: visiting the nexus and a call for reform
(Department of Public Law, Ahmadu Bello Universitv. Zaria, Nigeria and The National Human Rights Commission of Nigeria, 2011-07) Akinbola, B. R.; Chinewubeze, C.
This article examines the right to a healthy environment and human rights generally. It argues that a healthy environment is necessary for the enjoyment of other rights. It concludes and recommends that for enhanced enforcement of environmental right under Nigerian Law; it should be included in chapter IV of the 1999 Constitution.
Human rights abuses: the state of the Nigerian child
(Royal People (Nig.) Ltd. Ibadan, 2007) Akinbola, B. R.
Human rights abuses: the state of the Nigerian child
(Royal People (Nig.) Ltd. Ibadan, 2007) Akinbola, B. R.
Human rights and the environment: linkages in the Nigerian context
(Ibadan University Press Publishing House, University of Ibadan, 2013-05) Akinbola, B. R.
The legal protection of the environment has increasingly become imperative in view of the importance of a safe, clean and secure environment to the enjoyment of other human rights. Human activities like agriculture, lumbering, manufacturing and worse of all, oil pollution have impacted negatively on the environment, leading to ozone layer depletion, global warming, desertification, erosion, deforestation and environmental pollution in many societies, including Nigeria. International environmental law and human rights law have intertwined objectives and ultimately strive to produce better conditions of life on earth. Both seek to tackle universal challenges that must often be solved at the same time at the individual and global level. Environmental law seeks to protect both nature for itself, and for the benefit of humankind at all levels. It has broadly been confined to regulating inter-state relations and lately, the behaviour of some economic actors such as oil exploiting multinational companies in the Niger Delta of Nigeria. The article examined the linkages between human rights and the environment, as the life and the personal integrity of each human being depends on protecting the environment as the resource base for all life. It reviewed the challenge of locus standi in environmental litigation and the implications of section 6(6)(6)(b) of the 1999 constitution of Nigeria. Against the background that the right to a healthy environment is a fundamental part of the right to life and to personal integrity, it examined instances of violations of human right through the violation of the environment and made recommendations including making the right to a healthy environment a justiciable right to obliterate the problem of locus standi in environmental right litigations.
Human rights of people with disability: some legal and ethical considerations
(Ecumenical Disability Advocates Network (EDAN), Nairobi, Kenya, 2016) Akinbola, B. R.; Moronkola, O. A.
All human beings have the rights to life and dignity as persons, but with disabilities (PWDS), often experience human rights violations and exclusion from the mainstream of society. Exclusion and segregation against persons with disabilities occurs in forms of obvious discrimination such as the denial of educational opportunities. It can also occur in more subtle forms such as segregation and isolation resulting from the imposition of physical and social barriers. Effects of disability- based discrimination have been particularly severe in fields such as education, employment, housing, transport, cultural life and access to public places and services. Terms like distinction, exclusion, restriction, preference, or denial of reasonable accommodation on the basis of disability, are words that describe the treatment of PWDS, which negatively affect and impact on the recognition, enjoyment or exercise of the rights of persons with disabilities. Law, therefore, as a system of social engineering, has a lot of potentials to address these social trends which directly negate the human rights of PWDS in all areas of life. This paper examines the relevant legal issues for the realisation of the rights of PWDS including legislative provisions and policies, human rights protection and promotion and the place of affirmative action. The methodology used in this paper is the in-depth content analysis of primary sources in form of relevant legal instruments and other secondary sources in the form of relevant textbooks, journal articles, electronic materials and others. First, various forms of rights violations or denials leading to abuses are discussed and documented. The paper also shows that disability affects people irrespective of race, colour, gender, political or religious inclinations and that PWDS are generally vulnerable to being discriminated against and excluded from the mainstream of society. The paper concludes that the law, if well enacted and enforced, is capable not only of redressing discrimination against PWDS, but by affirmative action, it can create a level playing ground by mandating certain steps which will engender the protection and promotion of the rights of PWDS in Nigeria.
Human rights of people with disability: some legal and ethical considerations
(Ecumenical Disability Advocates Network (EDAN), Nairobi, Kenya, 2016) Akinbola, B. R.; Moronkola, O. A.
All human beings have the rights to life and dignity as persons, but with disabilities (PWDS), often experience human rights violations and exclusion from the mainstream of society. Exclusion and segregation against persons with disabilities occurs in forms of obvious discrimination such as the denial of educational opportunities. It can also occur in more subtle forms such as segregation and isolation resulting from the imposition of physical and social barriers. Effects of disability- based discrimination have been particularly severe in fields such as education, employment, housing, transport, cultural life and access to public places and services. Terms like distinction, exclusion, restriction, preference, or denial of reasonable accommodation on the basis of disability, are words that describe the treatment of PWDS, which negatively affect and impact on the recognition, enjoyment or exercise of the rights of persons with disabilities. Law, therefore, as a system of social engineering, has a lot of potentials to address these social trends which directly negate the human rights of PWDS in all areas of life. This paper examines the relevant legal issues for the realisation of the rights of PWDS including legislative provisions and policies, human rights protection and promotion and the place of affirmative action. The methodology used in this paper is the in-depth content analysis of primary sources in form of relevant legal instruments and other secondary sources in the form of relevant textbooks, journal articles, electronic materials and others. First, various forms of rights violations or denials leading to abuses are discussed and documented. The paper also shows that disability affects people irrespective of race, colour, gender, political or religious inclinations and that PWDS are generally vulnerable to being discriminated against and excluded from the mainstream of society. The paper concludes that the law, if well enacted and enforced, is capable not only of redressing discrimination against PWDS, but by affirmative action, it can create a level playing ground by mandating certain steps which will engender the protection and promotion of the rights of PWDS in Nigeria.
Human rights of people with disability: some legal and ethical considerations
(Nairobi, Ecumenical Disability Advocates Network, 2016) Akinbola, B. R.; Moronkola, O. A.
All human beings have the rights to life and dignity as persons, but with disabilities (PWDS), often experience human rights violations and exclusion from the mainstream of society. Exclusion and segregation against persons with disabilities occurs in forms ofobvious discrimination such as the denial of educational opportunities. It can also occur in more subtle forms such as segregation and isolation resulting from the imposition of physical and social barriers. Effects of disability- based discrimination have been particularly severe in fields such as education, employment, housing, transport, cultural life and access to public places and services. Terms like distinction, exclusion, restriction, preference, or denial of reasonable accommodation on the basis of disability, are words that describe the treatment of PWDS, which negatively affect and impact on the recognition, enjoyment or exercise of the rights of persons with disabilities. Law, therefore, as a system of social engineering, has a lot of potentials to address these social trends which directly negate the human rights of PWDS in all areas of life. This paper examines the relevant legal issues for the realisation of the rights of PWDS including legislative provisions and policies, human rights protection and promotion and the place of affirmative action. The methodology used in this paper is the in-depth content analysis of primary sources in form of relevant legal instruments and other secondary sources in the form of relevant textbooks, journal articles, electronic materials and others. First, various forms of rights violations or denials leading to abuses are discussed and documented. The paper also shows that disability affects people irrespective of race, colour, gender, political or religious inclinations and that PWDS are generally vulnerable to being discriminated against and excluded from the mainstream of society. The paper concludes that the law, if well enacted and enforced, is capable not only of redressing discrimination against PWDS, but by affirmative action, it can create a level playing ground by mandating certain steps which will engender the protection and promotion of the rights of PWDS in Nigeria
Islamic law as an aspect of customary law in Nigeria - a call for review
(Department of Private and Business Law, Faculty of Law, University of Ibadan, 2006) Akinbola, B. R.
The law and disability discrimination in Nigeria
(2008) Akinbola, B. R.
This study has examined the incidence of disability as a human experience that attracts discrimination and particularly in Nigeria as a developing country. It has found discrimination to be expressed in terms of the names disabled persons are called' the causes adduced for disability under customary law and discriminatory practices under customary law. These practices include deification, mutilation and scarification. It also includes giving of care motivated by wrong motives, using a person with a disability to apply pressure on a debtor to make him pay, occupational biases, institutionalization and many other discriminatory practices. The work is in three main parts namely the pre-missionary, the missionary and the post missionary eras. The importance of legislations in regulating the relationship of society with people who have disability is examined and some recommendations are made for better protection for persons with disabilities and then a conclusion.
Legal aid scheme in Nigeria: any deference in access to justice for persons with disabilities
(Faculty of Law, University of Ibadan, 2010) Akinbola, B. R.
This article examines the Legal Aid Scheme in Nigeria against the backdrop of its philosophy and objective of providing equal access to justice for all irrespective of financial limitations. It examines the peculiar needs of persons with disabilities and their vulnerability to poverty against the intendment of the Legal Aid Scheme to provide access to justice for all persons so that no one is excluded from access to justice by poverty. The article considers the linkages between poverty and disability and concludes that there is a great omission in the legal aid scheme in Nigeria in not specifically providing legal aid for persons with disabilities (PWDs) in the Legal Aid Act, beyond the general provisions. The article recommends that in view of the cyclic nature of disability and poverty, the Legal Aid Act should be amended to provide specifically for persons with disabilities.
Legal and administrative remedies in environmental law in Nigeria: reform proposition
(College of Law, Afe Babalola University Press, Ekiti, 2013-04) Akinbola, B. R.; Onifade, T.
The article examines remedies in environmental law cases in Nigeria, in the light of problems faced by aggrieved litigants. It posits that despite the fact that there is a plethora of remedies and reliefs which a party can obtain as a result of a successful law suit, the impact of such available remedies are not adequate. The article examines remedies under the constitution, statutes and common law. The article states that Environmental litigation is a common vehicle for driving these remedies in order to transform the remedies into reliefs. Environmental litigation can take various forms which include civil actions based on tort, contract or property law, criminal prosecutions, public interest litigation or enforcement of fundamental human rights. The paper identifies reliefs within the enforcement powers of the courts which may include injunctive relief, restitution and remediation orders, continuous mandamus, damages, cost and fees, and criminal penalties. The paper also examines administrative remedies like direct government intervention, international intervention, environmental impact assessment and licensing. In addition, the article posits that other legal and administrative avenues need to be explored for optimal impact towards environmental sustainability and adequacy of remedies under the Nigerian legal system. At the legal angle, the article recommends that the principles of access to justice under Principle 10 of Rio Declaration should be incorporated into environmental law in Nigeria. It also recommends that rules on locus standi, limitation of action and pre-action notice should be relaxed in environmental cases. Administrative recommendations made in the article include establishment of a specialized environmental court, greater use of alternative dispute resolution methods, provision of effective supplementary complaint systems and the Use of Supplemental Environmental Projects.