scholarly works
Permanent URI for this collectionhttps://repository.ui.edu.ng/handle/123456789/373
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Item The legality of online arbitration agreements: whither lays Nigeria?(Faculty of Law, Benson Idahosa University, Benin City, Nigeria, 2015-10) Araromi, M. A.The development in technology, especially the Internet, has brought about exponential growth in legal relations cutting across diverse jurisdictions with little or no obstacle. This new method of communication brings people together and it is inevitable that conflicts will ensue. It is a known fact that many cybercitizens enter into online arbitration agreements in case of any dispute. Many countries have developed legal approaches to online arbitration agreements in order to give validity to such agreements. Arbitration is not a new phenomenon in Nigeria which has embedded in its legal system laws regulating such arrangement. However, the issue of online or cyber-arbitration agreement is somewhat new to the arbitration law in Nigeria: thus, this work tends to identify the position, if any, that Nigeria takes on the issue of arbitration agreement entered online, especially in standard form contracts where the terms of such agreement are formulated by one party to a contract.Item Same-sex marriage conundrum in Nigeria: the conflict of laws dimension(2015) Araromi, M. A.The changing concept of the proper parties to marriage has been having its toll on the national and international jurisprudence of marriage. The orthodox concept of marriage is predicated on a relationship between man and woman, which has attached to it some legal implications. However, the concept of marriage is now taking a new dimension as to the parties who may legally contract such a relationship in some jurisdictions, which results in the much touted same-sex marriage. Same-sex marriage is relatively a new phenomenon in marriage jurisprudence and has been creating some upheavals in the legal terrain nationally and internationally, especially in the region of conflict of laws. The main purpose of this research is to review the Nigerian disposition to same-sex unions and the attendant conflict of laws problems that may arise as a result of the stance taken on the unions.Item Artificial intelligence: the challenges posed to the law of contract in determining liabilities of parties(Sweet and Maxwel, 2022) Araromi, M. A.Traditional methods of contracting involve, among others, using paper documents and oral communications. The extant laws appreciate these methods of contracting and make provisions for the validity, rights and liabilities of parties. Electronic transaction models make a detour from the established jurisprudence on contract provided by these extant laws and the court systems. With constant development of technology one-off legal response may sometimes not be enough to address new challenges posed. Artificial intelligence is one of the areas of development in technology that has affected the traditional legal provisions on contract. Machine intelligence has created some challenges in determining the liability of contracting parties, especially where the machine is acting on learned or extraneous data. It is observed that the existing international legal regime by the United Nations, which serves as the authority in resolving international legal matters, is not sufficient to address this problem. This article addresses the effect of artificial intelligence on contract in determining the liability of parties, and suggests a solution.Item Religion and secularism in Nigeria: the effect of compulsory dress codes in the educational system on the right to practice religion(Brill|Nijhoff, 2021) Araromi, M. A.Though Nigeria is regarded as a secular state, there are two major religions which are predominantly practiced. Religious sentiments have permeated the societal space in Nigeria and often times the ardent practice and observance of religious tenets lead to perennial conflicts with governmental policies. It is one of the fundamental precepts of human rights that the religious belief of individuals should be respected, therefore the provision for the protection of right to religion in the national laws and some international instruments. The education system requires specific dress codes which must be observed. It is against this backdrop that this paper examines the right to practice religion in Nigeria and the obvious conflicts between this practice and policies in the Nigerian education system particularly at primary and post-primary school levels. The paper addresses the scope of the right to practice one’s religion under the law vis-à-vis governmental policies in educational institutions.Item An examination of the extent of legislative power in annual fiscal budget making in Nigeria(Gravitas LBR Ltd, 2019-12) Araromi, M. A.; Adeyemo, D. D.This paper examines the perennial tussle between the executive and legislative arm of government in Nigeria in relation to budget making, which sometimes leads to delay in passage of annual fiscal budget. The extent of powers to be exercised by the Legislature in amending budget estimates submitted by the Executive is the crux of the dispute which often leads to diverse and conflicting opinions on whether the law permits the Legislature to tamper with the figures of the budget or whether it should be a mere rubber stamp to approve the estimated budget submitted to it by the Executive. The paper reviews the changing role of the Legislature in modern times, particularly in the presidential system of government and the involvement of the public ably represented by civil society organisations in determining financial policies that will drive annual budgets. The paper submits that due to absence of clear provisions of the law to determine the extent of powers of the Legislature to amend budgets, it may be necessary to amend the Constitution to clearly define the scope of the power of the Executive and the Legislature in budget making.Item Freedom of expression and legal control of hate speech on social media in Nigeria(Sweet and Maxwel, 2018) Araromi, M. A.Freedom of speech is a recognised human right that has found expression in both in the national laws and international instruments. With the nascent introduction of the internet ability to communicate and share ideas has assumed a very explosive dimension. There have been attempts in different places to censor the internet medium for the purpose of controlling untamed expressions which may be injurious to others. Nigeria is also not left out in this campaign. Nigeria’s approach to this will be reviewed in this paper.Item Crime policing and advancements in technology: trusting justice in the institutional environment(Afe Babalola University Press, 2018-10) Araromi, M. A.; Imoseni, A.Modern technological innovations are permeating the criminal justice system and are changing the protocols of its administration. The Police use such prominent technological advancements (In-car computers, identification technologies, mobile identification technologies, big data, DNA evidence, Rapid Identification System, drones, Global Positioning System (GPS) etc.) daily. This paper argues that the use of these technologies in the prevention, monitoring and detection of crime will not be absolutely effective without the combination of other holistic approaches that involve professional, social, moral and ethical issues given the effect of the use of technology on fundamental human rights. This is because of the inter-relationship between the police and the public; which may be destroyed if the police legitimacy to handle operations that involve technological mechanisms are not deployed with due diligence. The study adopts both the doctrinal and qualitative methodology. The authors recommend the strong supervision and control of these technologies so that civil liberties will not be breached while trust will be established in the institutional environment. The work concludes that in as much as the emergence of newer technologies like the internet and computers have brought so much development to the contemporary fight against crimes, the same technology has made criminals to be more competent in their operations to evade police arrest while they continue to victimize the citizens.Item Determining the liabilities of internet service providers in cyber defamation: a comparative study(Sweet and Maxwel, 2016) Araromi, M. A.The need to protect free speech as a right and the need to protect the reputations of others are two often conflicting legal positions which need to be balanced. The internet is a medium where free speech can be carried out and equally creates a space where reputations can be injured. Damage to reputation can lead to defamatory action being taken against the author, publisher or any other contributor to the publication of the defamatory statement. To facilitate communications on the internet the roles played by the internet service providers or intermediaries cannot be underestimated. And often times, the intermediaries are made the sole defendant or joined as a party to defamatory suits. The UK and the US are seen as laboratories for defamatory actions on the internet. Also, India and South Africa have responded through their laws to the problem of determining intermediary’s liability in internet defamation. This research sets out to present a comparative study of the laws in the four nations in determining the liabilities of internet intermediaries, with the hope of discovering the strengths and weaknesses of the law and making suggestions as to the best approach to be adopted in shielding the intermediaries from liabilities and also protecting the reputations of others.Item Regulation of gambling in Nigeria: a need to review the status quo(Faculty of Law, Rivers State University, Port Harcourt, Nigeria, 2018-02) Araromi, M. A.Gambling is a phenomenon that has not been given adequate attention in Nigeria. If properly handled it constitutes money spinning venture to the government. The legal and regulatory control of gambling in Nigeria appears to be clumsy and grossly inadequate. The traditional method of gambling in Nigeria has not been properly managed and the licensing provisions are very conflicting. The nascent internet and mobile technologies have also provided new methods of gambling which create a tensed atmosphere for the control of gambling activities especially due to the seamless operations of these technologies. Countries like the US, UK and Australia have made spirited efforts in order to tame interactive gambling within their jurisdictions. A review of the approaches of these jurisdictions will serve as a direction for Nigeria which has not taken cognisance of the special challenges occasioned by the interactive form of gambling. This paper seeks to address in general the legal and regulatory challenges of gambling in Nigeria.Item Cyber-terrorism under the nigerian law: a new form of threat or an old threat in a new skin?(2018-03) Araromi, M. A.Cyber-terrorism is a new phenomenon that has found expression in the current legal literature on terrorism. The concept of terrorism itself is enigmatic as there is no commonly agreed definition. However, what constitutes acts of terrorism seems to be agreed upon by writer and legal philosophers and have been clearly proscribed under the laws of most jurisdictions. The difficulty entrenched in having a common definition for terrorism also has its impact on defining "cyber-terrorism" which also does not have an agreed definition. Cyber-terrorism takes on another dimension compared with the tradition terrorism due to the fact that it can only be carried out in the cyberspace needing no physical involvement in the location where the target is. The question that disturbs the mind is whether the cyber-terrorism poses another form of threat different from that of traditional terrorism which may require a separate law to address. It was realized that cyber-terrorism poses new threats that the extant legal provisions on terrorism in Nigeria cannot adequately handle due to the technicalities involved.