Public & International Law
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Item Assessing the efficacy of mediation as a form of alternative dispute resolution (ADR) mechanism in Nigeria(International Centre for Information Technology & Development (ICITD,) Systems & Multidisciplinary Research Group/IClTDs Society for Multidisciplinary & Advanced Research Techniques, Southern University Baton Rouge, LA, USA, 2020-06) Fagbemi, S. A.This paper presents mediation as a form of effective alternative dispute resolution (ADR) to litigation. The paper adopts doctrinal research methodology of data collection in legal research. The paper highlights the historical context from which the model emerged. The paper explains the contemporary principles and sequences of mediation process, the role of mediator and the dichotomy between mediation and litigation as well as various advantages of the mediation model in contradiction to litigation. In conclusion, the paper recommends the adoption of mediation as efficient and formidable model for settlement of disputes in Nigeria.Item Awakening judicial consciousness toward the enforcement of Nigerian economic, social and cultural rights(Department of Public Law Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2020-06) Fagbemi, S. A.The objective of this paper is to sensitizeO judicial consciousness toward the enforcement of economic, social and cultural rights in Nigeria. The pertinent questions which the paper interrogates among others include: What are the objectives of economic, social and cultural rights? What are the impediments against the enforcement of these rights in Nigeria? How can the judiciary be sensitized to meeting the objectives of Nigerian economic, social and cultural rights? Stemming from these questions, the paper highlights major impediments to the enforcement of economic, social and cultural rights in Nigeria to include constitutional provision, corruption, absence of judicial activism and lack of commitment on the part of government to uphold the tenet and the intendment of economic, social and cultural rights as provided for in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The paper argues for the practice of the concept of judicial independence and recommends among others for complete judicial independence and activism as antidotes to the challenges confronting the enforcement of economic, social and cultural rights in Nigeria in the interest of economy and social justice sustainability.Item Right to clean and unpolluted air in Nigeria(International Centre for Human Rights and Peace Studies, 2020-06) Fagbemi, S. A.Right to clean and unpolluted air is a right recognised worldwide as part of human rights. The right has been incorporated into several countries’ constitutions and legislations apart from its recognition in the United Nations Conventions and other treaties. Although, the right to clean air is not expressly codified in Nigeria save legislations for the control ofpollution generally. This paper therefore examines the status of right to clean air in Nigeria. The objective of the paper is to stir up government to enact separate law for the enforcement of right to clean air. The paper adopts doctrinal approach to legal research as sources of its information. The paper finds that institutional constraints have rendered ineffective laws and regulations for the control of air pollution in Nigeria. The paper observes that right to clean air is universal right and argues for the enactment of Clean Air Act in Nigeria has done in other climes to create platform for the enforcement of right to clean air. The paper concludes with recommendation among others for stiffer penalty against Polluters of air and their collaborators in and outside government in Nigeria.Item Advocacy for the adoption of arbitration for the resolution of commercial disputes in Nigeria(International Centre For Law And Democracy Studies, in Conjunction with the Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2020) Fagbemi, S. A.This paper advocates the adoption of arbitration for the resolution of commercial disputes in Nigeria. The two burning questions which the paper interrogates are: What is the legal framework for the resolution of commercial disputes in Nigeria? And to what extent has this legal framework meets the resolution of commercial dispute? To answer these questions, this paper adopts doctrinal methodology in legal research and relied heavily on desktop search for information. The paper finds that advancement in commercial transactions the world over has largely been positively impacted by globalisation, liberalisation of markets, bilateral and multilateral agreements leading to the opening of more windows for commercial interactions at local and international space and therefore rendering the traditional court litigation process for resolution of commercial transactions ineffective. The paper observes that the shortcomings inherent in judicial process call for radical paradigm shift to arbitration as viable alternative to litigation in the resolution of commercial dispute. The paper concludes with recommendation among other for the adoption of arbitration as a major method for settlement of commercial dispute in Nigeria as antidote to the shortcomings in court litigation.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.