Public & International Law
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Item A review of the court of appeal’s decision in Chief of naval staff Abuja & ors V. Eyo Archibong & Anor: the imperative ofexpanding the frontiers of fundamental rights enforcement law(International Centre for Human Rights and Peace Studies in conjunction with the College of Law, Afe Babalola University, Ado-Ekiti, Nigeria, 2020) Adeniji, S. A.This article examines whether joint application can be instituted by more than one persons in the enforcement of fundamental rights cases in Nigerian courts. It adopts the case study approach by reviewing five major Court of Appeal decisions on this subject. While majority of these decisions answered this question in the negative, few of the cases held the question in the affirmative, thereby unsettling the position of the law on this point. The legal implication is that it does not make for certainty of the law, subsequent courts can pick and choose which of the decisions to follow. This paper argues that there is need to expand and expound the frontiers of fundamental rights enforcement procedure law in order to accommodate joint application in fundamental rights claims. Appellate courts should not set aside judgement of trial courts simply because the action was instituted by more than one applicant, as this would amount to sacrificing justice on the altar of technicalities. While this article enjoins the Court of Appeal to uphold joint fundamental rights application in subsequent cases, it also advocates that the Supreme Court should maintain a liberal disposition in settling this point of law whenever the opportunity rises.Item Review of the court of appeal decision in Udo v. Robson & Ors: a call to expanding the frontiers of fundamental rights enforcement law(2021-06) Adeniji, S. A.This article is aimed at sensitizing the Nigerian Judges and legal practitioners alike to see need to expanding and expounding the frontiers of fundamental rights enforcement procedure law to accommodate joint application for the enforcement of fundamental rights matter in our law courts. Increasing rate of human rights' Violation is alarming. even in tlie democralic regime which requires broad and liberal approach in the interpretation of our laws toforestall injustice. This article concludes by proposing a wayforward in form of judicial activism. This article calls on Court of Appeal to overnde itselfin subsequent appeal(s). This article, again, calls on Supreme Court to decide on this issue.Item Questions arising from the choice of originating processes in application for enforcement of fundamental rights in Nigeria(Faculty of Law, Baze University, Abuja, Nigeria, 2021) Adeniji, S. A.This article is aimed at informing legal practitioners and applicants in the fundamental rights proceedings on the originating processes strictly allowed hv the Fundamental Rights (Enforcement Procedure) Rules. (FREP Rules) accepted by the court for the enforcement of fundamental rights matter in the high court 's regardless of what FREP Rules provide. Since application for the enforcement of fundamental right is heard on the affidavit in support of the application and the affidavits which every party to the application proposes to use at the hearing, this article draws distinction between affidavit evidence and written statement of oath. In conclusion, this article calls on the Chief Justice of Nigeria, in line with the power conferred on his office under Section 46 (3) of the Constitution of the Federal Republic of Nigeria (As Amended) to amend Order II of FREPR 2009 to correct this anomaly. This article, again, calls on the Supreme Court to decide on this issue.Item Procedural challenges in the mode of commencement of fundamental right suit under the fundamental rights (enforcement procedure) rules 2009(Faculty of Law, University of Ibadan, Ibadan, 2021) Adeniji, S. A.Under the Nigerian law, human rights are categorized \-s into justiciable and non-justiciable rights and they are contained in Chapters 4 and 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended. In enforcing the justiciable rights, Section 46(3) of the 1999 CFRN, empowers the Chief Justice of Nigeria (CJN) to make Rules for their enforcement. Hence, the CJN made the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009). This paper examines the mode of commencement of an action under the FREPR 2009. It adopts a doctrinal methodology by engaging in textual analysis of FREPR 2009. It finds that under Order II Rule 2 of the FREPR 2009, an application for the enforcement of fundamental rights may be made by any originating process accepted by the court which are writ of summons, petition, originating motion and originating summons. Therefore, it is argued that this provision has created a situation of uncertainty in respect of the mode of commencement of an action. It is recommended that FREPR 2009 be amended to make certain the mode of commencement and that originating motion is preferable.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 Legal armoury(Brighter Star Publishers Nigeria Ltd. Ibadan., 2006) Adeniji, S. A.Item Winning weapons in law suits(Life gate Publishing Co. Ltd, Garki, Abuja, 2008) Adeniji, S. A.Item International legal regime of money laundering(Life gate Publishing Co. Ltd, Garki, Abuja, 2008-02) Adeniji, S. A.Item Criminal armoury(Life gate Publishing Co. Ltd, Garki, Abuja, 2007) Adeniji, S. A.