Public & International Law

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    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 interpretation
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    The true sale doctrine in asset securitisation: the Nigerian perspective
    (Department of Private and Property Law and Department of Commercial and Industrial Law Faculty of Law, University of Ibadan, 2019) Aina, K.; Maduka, O.
    The true sale doctrine is the foundation of every securitisation transaction. Assets transferred to a Special Purpose Vehicle in a securitisation transaction can only he bankruptcy remote if the transfer was a true sale transaction. Yet, the doctrine is surrounded by controversies and complexities. While some jurisdictions are using legislation to settle this controversy for the benefit of the investors and the broader economy, the Nigerian position is still unclear, confusing and without direction. This paper is an attempt to draw attention to the significance of true sale as it relates to the sale of receivables in asset securitisation. In doing this this paper considered the Asset Backed Securitisation Act of the United States of American States of Delaware and Texas and English courts position on true sale to underscore the importance of the doctrine This article further considered the position of the Nigerian Securities and Exchange Commission Rules on Securitisation and its limitations with regards to true sale doctrine. The paper concludes that the Nigerian position is not in tandem with international best practices and recommends the enactment of a securitisation law that will specifically address the question of true sale doctrine
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    Case review: Rasheed Aminu V. the State
    (2009) Bamgbose, O.
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    Stabbing a person continually to death with a knife is demonstration of an intention to cause death or grievous harm to him: State v. Ogunleye Tobi
    (2015) Adegbite, I.; Adegbite, T. A.; Adeyemi - Balogun, M. O. J.; Akinrinmade, A.; Bamgbose, O.; Bankole - Shodipo, A. A.; Kolawole, A. K.
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    Good offices: a veritable alternative dispute resolution tool for peace and nation building
    (2023-10) Bamgbose, O.
    Disputes are a part of life for living creatures, from insects to human beings. While insects or animals mayfightfor space, territory and dominance, human beings and countries fight each other for territory and may engage in war. Throughout history, differences resulting in conflict were resolved, are still being resolved and will continue to be resolved. The traditional societies settled and still settle family disputes without interference from and invitation to the third parties who are not members of that family. The dominance of the British through colonization introduced cultures hitherto unknown into many societies. This also included a justice system foreign to the people. Litigation was one of such. The taking of a dispute out of the family or community jurisdiction, to a court that is set up by the state was introduced and adopted. Litigation was adopted as a process with its advantages and disadvantages. The disadvantages and the problems in litigation brought about a search for an alternative. These alternatives are not totally free of problems but are more acceptable in respect to certain types of cases, than litigation. It is therefore an alternative to litigation. People who have a common identity tend to stay together to build unified societies and nations. However, there are situations that may make it difficult or impossible for people to stay together. In such situations, if actions are not promptly taken to resolve the issues, there may be conflict. This paper looks at the concepts of conflict and conflict resolution, peace in the midst of conflict and the efforts that are made at nation building. The paper, through the use of case studies to support a preposition, suggests that the use of alternatives dispute resolution (ADR) methods in some cases, through the establishment of a grounded ADR structure in place, to resolve conflict rather than the use of litigation may be a solution to nation building.
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    EQUITY AND EQUALITY IN CUSTOMARY MODES OF INHERITANCE AMONG THE YORUBA OF SOUTHWESTERN NIGERIA
    (2015-02) ADEWALE A.A
    There was concentration dependent, significant induction of micronucleus in the erythrocytes of C. gariepinus (OSL = 1.4±0.0 – 9.6±0.2; AEL = 0.8±0.4 – 8.6±0.6), bone marrow cells of C. japonica (OSL = 1.0±0.2 – 2.1±0.6; AEL = 0.7±0.1 – 3.2±0.6) and M. musculus (OSL = 5.5±0.6 – 18.5±0.0; AEL = 6.5±0.3 – 18.1±1.3). There was significant increase in ALT (OSL= 31.1±2.1 – 52.7±1.6 IU/L; AEL = 30.7±1.5 – 49.5±1.3 IU/L) and AST (OSL = 86.9±13.2 – 168.4±1.0 IU/L; AEL = 84.5±1.5 – 161.9±1.2 IU/L), but significant decrease in albumin level (OSL = 2.6±0.2 – 5.11±0.3 g/dL; AEL = 2.7±0.2 – 5.2±1.2 g/dL) in serum of exposed rats compared to the negative control. Necrosis and vacuolation of the hepatocytes; cortical congestion and haemorrhage in the kidney; and infiltration of macrophages, inflammation and apoptotic lymphocytes in the thymus were observed in exposed rats. The frequencies of these anomalies were higher in OSL than AEL exposed animals. The concentrations (mg/L) of BOD (306.0 – 601.0), copper (0.9 – 3.9), manganese (0.6 – 3.9), lead (0.8 – 2.1), chromium (1.4 – 2.4) and cadmium (0.3 – 2.2) were above NESREA wastewater limits. The frequency of complaints of bad odour (OSL, 95.4%; AEL, 90.1%) and dermal contacts with vermin (OSL, 80.8%; AEL, 54.2%); respiratory (OR=9.7, 95% CI=6.6 – 14.6), dermal (OR=7.2, 95% CI=4.8 – 10.8) and gastrointestinal (OR=7.9, 95% CI=6.2 – 12.1) anomalies were significantly higher among residents nearer (2 km) the landfills.
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    Privatization of prisons: solution to prison congestion in Nigeria?
    (2012) Olaniyan, K. O.
    The aim of establishing the prison Institution in all parts of the world including Nigeria is to produce a rehabilitation and correctional facility for people who have violated the rules and regulations of their society. The extent to which this is true in practice has been a subject of discussion. An observation of the population that goes in and out of the prisons in Nigeria shows that there are problems in the System, hence, over time, the prison System has not been able to live up to its expected role in Nigeria. An enquiry into the state of prisons in Nigeria will reveal a System afflicted with over-population and a litany of human right abuses and contradictions, including incessant occurrences of jail breaks. Undoubtedly, the prisons are run at more than 150% capacity as no less than 60% of the inmates await trial. The problem of over-crowding and unhygienic conditions of Nigerian prisons has remained a source of worry and has continued to attract rapidly increasing attention among scholars and policy makers. Aware of the poor condition of Nigerian prisons, government has undertaken a number of reforms in the last decade which have no less failed to adequately address the poor state of prisons in Nigeria On the other hand, many scholars have proffered Solutions to the horrifying state of Nigerian prisons, including privatization as an alternative mechanism to address the contradiction that characterizes the prison System. This paper examines the history, objectives and modes of privatization of prisons, as well as the viability of privatizing Nigerian prisons