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.