Public & International Law

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Start date: 2020

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Now showing 1 - 10 of 18
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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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    Decolonization of western sahara within the international legal framework: matters arising
    (Academic Staff Union of Universities, 2021) Olaniyan, K. O.
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    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.
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    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.
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    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.
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    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.
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    Propriety of judiciary staff union of Nigeria strike towards securing the financial autonomy of the judiciary in Nigeria
    (Department of Public Law, University of Benin, Nigeria, 2021) Eyongndi, D. T.; Adeniji, S.
    This paper adopts the doctrinal methodology in appraising the propriety of the JUSUN strike embarked upon to compel State Governments to' recognise the financial autonomy of the judiciary. Thus, strike action is a last deployed by employees to compel their employer to grant their demands; it is a corollary of the right to freedom of association guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN). The paper examines the provision of the Trade Disputes Act (TDA) as to the prerequisite and grounds upon which employees can embark on strike action, the meaning of trade dispute to ascertain whether the dispute that led to JUSUN strike is a trade dispute. The paper found that, while employees are legally permitted, upon fulfilment of certain conditions, to embark on strike, the strike embarked upon by JUSUN, does not come within the ambit of sections 18, 43 and 48 of the TDA and the dispute pursuant to which the strike is anchored, is not a trade dispute hence, same is therefore illegal It argues that; while judicial officers are unable to "unionise" and embark on strike, the category of judicial staff who are directly affected by the lack of financial autonomy of the judiciary, are regarded as projection of management and therefore ineligible to join or form trade union (JUSUN). Also, despite embarking on an illegal strike, members of JUSUN are paid salaries notwithstanding the provision of the TDA. Giving the commitment shown by the Nigeria Governors Forum (NGF), the Nigerian Bar Association (NBA) and other sympathising stakeholders should implore JUSUN to call of the strike or governors should invoke no work, no pay rule.
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    Judicial balacing of parental objection to medical treatment on the basis of religious beleifs and children right to life in Nigeria
    (2022-06) Eyongndi, D. T.; Adeniji, S.
    Children being vulnerable, have special protection uudei the law through their parents 01 guardian who are responsible for them: and make decision- fot them because they lack legal capacity One of these decisions a parent/gunrdian makes i- determining the religion of a child. Once the parent guardian chooses the religion of the child, the child may become bound by its practices throughout childhood While the right of parents to determine the religion of theii children is recognised by domestic regional and international laws, the way courts in Nigeria treat this recognition suggests that the right is nol absolute. This paper adopts the doctrinal methodology 111 interrogating the extent to which Nigerian Courts permit the observation by a child oftlie religious practices ofhis/lier parent in relation to submission to medical treatment in order to protect the child's right to life This papei argues that law and morality are media of social control but have their convergence and divergence. It further argues that sanctity of human life which for many forbids suicide, requites that even adults should not be allowed to object to medical treatment which refusal may lesult in death which can be seen as "disguised suicide" These authors examined the Supreme Court decision m Medical Dental Practitioners Disciplinary Council v Okonkwo and found that: Nigerian Courts recognise parent light to choose their children religion and practices however, any religious practice prejudicial to the child based on the "best interest" principle provided under the Child Right Act and its States equivalent will be jettisoned It examines the practice til Britain and Canada and draw lessons for Nigeria. This paper recommends public enlightenment prohibition of harmful religious beliefs such as objection to life-saving medical procedure by parents for minors as means of balancing parents/guardian right to choose their children religions beliefs and preservation of the children right to life.