Faculty of Law

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Open Access
West African Contribution to the Law of International Watercourses
(Obafemi Awolowo University Press, 1974-05-14) Rowny, K.
The idea of the non-navigational uses of international watercourses has been mooted in international treaties and in the doctrine of international law. This issue arises because water flowing from one country to another has been used in increasing degrees for irrigation of arid areas, for generation of electricity and generally for the development of industry. With these new developments new problems have arisen for lawyers to solve. In the case of irrigation, the uses of water by upper riparians inevitably diminish its natural quantity in the lower part of the river and thus adversely affect the lower riparians. Although hydrologic works for power purposes do not consume water as such, they interfere with its normal flow and produce the same consequences for the lower riparians as in the above case. Furthermore, increasing industrialization entails more consumption of water and changes in its natural quality giving rise to water pollution, detrimental to biological life (fauna and flora) and thus adversely affects the consumers of water, human beings, animals and plants alike.
Open Access
Nigeria and International Law: Today and Tomorrow
(Obafemi Awolowo University, 1978-03-06) Ijalaye, D.A
In the belief that an inaugural lecture is an intellectual reaction to the problems of the community, and on the understanding that my immediate community for this purpose is Nigeria, I will be touching on the Nigerian Draft Constitution and International Law, Nigerian Coup d'etat and International Law, Internal Law and the Nigerian Civil War, the International posture of Nigeria in Africa and finally my recommendations for the future effective application of international law in Nigeria.
Open Access
International Law and Struggle for the Freedom and Welfare of Man in Africa
(Obafemi Awolowo University Press, 1982-06-03) Sagay, Itsejuwa E.
In this lecture, I intend to examine very briefly, the status of Human Rights in International Law, and its state within the independent countries of Africa, including intra-African practice in this vital aspect of human existence. My personal contribution to knowledge in this area will not receive much consideration since my primary aim is not only to explain and enlighten, but also, and this in my view is the most important, to create greater awareness of the gross inadequacies in the implementation of Human Rights obligations in Africa and generate some momentum towards the effective promotion and protection of Human Rights in the continent.
Open Access
Transplant and Mongrels and the Law: the Nigeria Experiment
(Obafemi Awolowo University Press, 1983-05-17) Okunniga, A.A.O.
The words "transplant" and "mongrels" as used in this lecture are not technical words (or legal words) and they are used here only by way of analogy. Analogy is so frequent in law that it could be said that it is a tool in the "mouth" or the pen of the lawyer. Both words are taken from the biological sciences. The legal transplant then is a statute, or a doctrine, or principle or rule of law taken from one legal order to another legal order e.g. the common law of England was statutorily planted in Nigeria at the beginning of the colonial era, the 'reception date' being 1st January 1900. This is the general pattern in the third-world countries that came under the Suzerainty of Britain. The common law in the United States of America on the other hand cannot properly be regarded as a transplant as the American colonies in fact brought with them the law of their homeland in Britain. The law of the American colonies was really like British law on board a British Ship on British waters. The typical ‘transplant’ moves from home to a foreign land. The Mongrel, on the other hand, is a law or statute or any legal principle or rule derived from more than one origin e.g. it may be partly foreign and partly local. It may also derive from two or more local laws. A law can also be a transplant and a mongrel at the time. Our current Constitution affords a good example of this. The frame-work is that of the United States of America while the fleshing-up is Nigerian.
Open Access
Duties of Directors and Controlling Shareholders in Relation to Share-Trading.
(Obafemi Awolowo University, 1985) Barnes, Kiser Dave; Fabunmi, J. O.
For nearly a score years the threatened or actual creation, allotment, and issue of company shares by its board of directors have provided the factual background for the leading cases on directors’ fiduciary duty to exercise management powers over shares for a proper corporate purpose. Akin to this matter are legal problems related to the exercise of share voting power by controlling shareholders ratifying directors’ improper issues of shares; and the use of those powers to alter the company’s articles of association in reference to shareholdings. Often in such matters, controlling shareholders breach their duty owed to the company to exercise their share-voting power bona fide in the interests of the company. Whether controlling shareholders act independently or collude with directors in these matters, the capacity of minority shareholders to enforce the duties owed by both organs is diminished by questionable standards of judicial review concerning the nature of the duties involved, and the scope of the division of powers between the board of directors and shareholders in general meeting.
Open Access
Law of Homicide in Nigeria.
(Obafemi Awolowo University, 1985) Owoade, M. Adekunle; Ijalaye, D. A.
The thesis analyses the ramifications of the laws relating to homicide under the Criminal and Penal Codes, and other relevant enactments in Nigeria. Owing to the origin of those Codes, particularly in their relationship with the English Common Law, comparative approach has been adopted in the study. Traditionally, the principles of criminal liability have, the main, evolved through cases of homicide. Inescapably, therefore, the thesis reflects on those germane principles, ably actus reus and mens rea which constitute the foundation criminal law, as they relate to the law of homicide. In addition, thesis demonstrates the scope of the basic general defences the particular reference and application to decisions arising from offences of homicide. An interesting aspect of the developments in the law of homicide is the recognition of the various categories of mens rea the determination of the degree of culpability in cases of icicle. This was so under the older systems of law and the position, is not radically different where objective views of heinousness or award of punishment are concerned. The culmination of the a foregoing, in present times, is to be able to distinguish the accompanying states of mind for the various types of offences of homicide or to see what excuses can exculpate or reduce culpability for a charge of unlawful homicide. The trend that runs throughout the discussion is the attempt to balance the interest of the society in protecting itself from dangerous acts, especially the sanctity of human life on the one hand, with the need to reasonably protect the accused by fair and humane rules of criminal trials and liability, on the other hand
Open Access
A Critical Analysis of the Stand-By Arrangements of the International Monetary Fund.
(Obafemi Awolowo University, 1985) Ogan, Comban Adrien; Ijalaye, D. A.
The controversy over the suitability or otherwise of IMF economic programmes to underdeveloped countries has been exacerbated by the unprecedented debt problems facing those countries from the 1970s onwards, with the attendant legal and socio-political consequences. Yet, the issues surrounding IMF economic policies have traditionally been left to economists, to the exclusion of lawyers, despite the important legal problems involved, and despite the emergence of international economic and monetary law as a special branch of general international law. The present thesis makes use of the methodology evolved by this relatively new discipline to inquire into one of the most ingenious developments in international economic activists of recent times: the IMF stand-by arrangement. As a financial mechanism, the stand-by arrangement originated from a Fund policy decision of October 1st, 1952 which achieved a long--standing U.S. dream of subjecting any beneficiary of IMF financial assistance to extensive socio-economic measures. These measures are globally known as Fund Conditionality. Contrary to the position so far defended by the 'gurus' of the IMF, stand-by arrangements are authentic international agreements. As such, they should be registered with the United Nations Secretariat, pursuant to Article 102 of the U.N. Charter, and only an international tribunal or court should determine conclusively. any question of interpretation arising from them. Furthermore, current attempts at dragging the African Development Bank and many African countries into the IMF trap should be resisted: IMF economic policies are inadequate for solving the fundamental problems besetting underdeveloped countries. Hence, on no account should Nigeria take the much decried but yet 'impending' IMF loan. Now more than ever is there need for the establishment of an African Monetary Fund - a step towards achieving continental monetary unity which is the only effective solution to some economic malpractices such as currency trafficking. Whether this is possible and when open questions remain, however; a century after it took place, the plague of the Berlin Conference still plays havoc on the destiny of the African Continent.
Open Access
Landmarks in Nigerian Labour Law
(Obafemi Awolowo University Press, 1987-01-13) Odumosu, O. I.
The contractual relationship between the employer and the employee (master and servant) is crucial for the meaningful operation of a system of collective bargaining. Equally important is the existence of strong trade union organisations whose membership depends on workers who are "job-holders". We have discussed at length these various aspects of our Labour Law in order to shed light on their merits and demerits. The superiority of the employer vis-a-vis his employee looms large in the whole of their employment relationship. The employer has the power to lock-out his workers and his liability to pay wages for the period of lockout and the grant to the workers concerned of continuity of employment do not appear to be a sufficient deterrent. Closely related to this is the whole range of disciplinary powers such as suspension or dismissal, which the employer exercises at will. And, unless the employee is one of the few ones protected by legal status, his only remedy will be claimed for damages.
Open Access
COMMERCIAL LAW IN THE CONTEXT OF ECONOMIC DEVELOPMENT: THE NIGERIAN EXPERIENCE
(OAU PRESS, 1987-05-12) Fabunmi, J. O.
Commercial activities persist endlessly in time of peace and war. Government may be overthrown in coups, wars may break out, national disasters may occur but somehow commercial activities continue on a regular basis. 1 Merchants have always found a way of continuing business relationships in any given situation. Their ingenuity in formulating new techniques to meet the challenges of changing economic climates is unparalleled. One significant example of this ingenuity is the fashioning of a distinct body of rules derived from customs and usages to govern the transactions of merchants
Open Access
Title to Land in Nigeria: Past and Present
(1991-06-11) Oretuyi, Solomon Akinboye
In this Inaugural Lecture I shall discuss title to land in Nigeria before and after March 29, 1978. One characteristic of the land holding before 1978 was the dual system of land tenure. Under the dual system of tenure, some titles were held under English law while the majority of titles were under customary law. Dualism in tenurial system was a product of the introduction of the English legal system in Nigeria, Originally, all lands were held under customary tenure but with the introduction of the English legal system, lands held under customary tenure were converted to English titles by the use of English conveyancing formalities. It is pertinent to point out that the dual system of land, tenure was peculiar to Southern Nigeria. In Northern Nigeria, all lands were brought under the control of the government by the Land Native Rights Proclamation of 1910. This Proclamation was repealed and re-enacted as Land and Native Right Ordinance 1916. This was subsequently replace by Land Tenure Law 1962 which continues to apply subject to such modification as will bring it into conformity with the Act or its general intendment.
Open Access
Dynamics of a New World Environmental Legal Order
(1999-04-13) Okorodudu-Fubara, M.T.
Vice-Chancellor Sir, I regard it a singular honour and distinct privilege by divine grace of Almighty God, Creator of the universe, supreme Architect of the "Environment" (my special field of intellectual interest), to stand before this distinguished audience and render an account based on my three decades plus experience oh the intellectual trail. I could not have asked for a better place to have the unique experience of this day. A little over three decades ago, in 1968 having passed out with distinction, a year earlier from the renowned girls Secondary School, Queens School Ede, (now Ibadan) I was admitted as a relatively young teenage Undergraduate into the pre-law .degree programme at this very citadel of learning ~ "University of Ife (now Obafemi Awolowo University). that spelt the early beginnings of that which destiny had marked out to be a fulfilling career in legal intenttialisni (in the Ministry of Justice where I transferred from as Principal State Counsel to join the service of this University as Lecturer Lin December 1982). Fortuitously, in 1998, three decades later under your remarkable Vice-Chancellorship I was pronounced Professor of Law with effect from 1st October, 1995. I appreciate the opportunity afforded me by the Senate of the Obafemi Awolowo University which confirmed my elevation to the professorial chair, to deliver this inaugural lecture barely a year from the date of the official announcement of my promotion to the rank of Professor
Open Access
An Evaluation of the Patent System in Relation to Transfer of Technology in Nigeria
(2015-03-20) Adedeji, Adewole Adisa
The study examined the patent system in Nigeria. It assessed the effectiveness of the protection of invention and technical know-how, identifying the shortcomings of the system, and proposed appropriate strategies for legal and institutional reforms. This was with a view to enhancing its role in promoting transfer of technology in Nigeria. The study obtained primary information from judicial decisions, legislation and international conventions: the Patent and Design Act 1970, the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade Related Aspect of Intellectual Property (TRIPS) of 1994, National Office for Technology Acquisition and Promotion (NOTAP) Act, as well as legislation relating to the patent system. Secondary data were obtained from published texts, journals, opinions of intellectual property law scholars, official records, and documents of international institutions like the World Intellectual Property Organisation (WIPO), African Regional Intellectual Property Organisation (ARIPO) etc. Vital information was also gathered from the Patent Registry Abuja, through unstructured interviews conducted with the Registrar of Patent, and the Director of NOTAP. The data collected was also subjected to content analysis. The study showed that Nigeria's current patent regime was formulated during the colonial era, and was never designed to facilitate technological development through the transfer of technology. Important provisions that could have aided technology transfer like utility models were not provided for. Even the relevant provision relating to allied matters like the concept of patentability, were copied almost verbatim from the International Bureau for the Protection of Intellectual Property Model Law on Invention of 1965, without taking into consideration the peculiar nature and needs of Nigeria. The study further revealed that the internal workings and operation of the Patent Registry in Nigeria were not conducive to technology transfer. The Registry as currently organized operated as an archive attached to the Federal Ministry of Commerce, than an industrial property documentation and information centre, that will be responsible for playing the traditional role of rendering and disseminating information on local and international inventive efforts in different fields of invention and technology. Moreover, the Paris Convention of 1883 and the Trade Related Aspect of Intellectual Property Rights (TRIPS) Agreement of 1994, to which Nigeria is a party, were not really in the interest of Nigeria's technological development as some of their provisions were designed to strengthen the hold and control of the developed countries on intellectual property rights. The study also revealed that the operation and practice of NOTAP as a technology transaction regulatory agency was not suitable enough for technology transfer as there was no system of monitoring compliance with its directive on certified technology transfer agreement. In addition, NOTAP's rigid approach on the choice of law governing technology transfer transaction might be harmful to foreign investment and technology transfer in the present age of globalization. The study concluded that the legal and institutional framework of the Nigerian patent system as presently constituted would not be able to play a significant role as a vehicle for the facilitation of transfer of technology.
Open Access
A Critical Analysis of the Legal and Institutional Framework for the Formalisation and Regulation of Artisanal Mining in Nigeria
(2015-04-10) Akper, Peter Terkaa
The study examined how Nigeria can harness the activities of artisanal and small–scale mining for national development. It analysed the essential features and motivations for artisanal and small-scale mining (ASM) and its impact on the people, environment, economy and the development of the mining industry. It further examined the effectiveness of the legal and institutional framework for the formalisation of ASM; appraised international best practices that have been adopted for implementation in Nigeria and proposed the making of special regulations. This was with a view to providing effective institutional support mechanisms as a panacea for making ASM a sustainable economic activity. The study relied on primary and secondary sources of information. The primary sources included the Constitution of the Federal Republic of Nigeria, 1999, the National Policy on Solid Minerals 1999 and 2006, the Minerals and Mining Act, 1999, the Nigerian Minerals and Mining Act, 2007 and other statues and subsidiary legislation applicable to the mining industry in Nigeria and other jurisdiction. Secondary sources of information included published books, law journal articles, reports, conference proceedings, newspapers/magazines and the Internet. The primary and secondary sources of information were complemented with information from unstructured interviews conducted with Officials of relevant regulatory authorities and industry practitioners. Study visits were also made to Nasarawa and Oyo States, as well as, Ghana and Tanzania. Information and data obtained from these sources were subjected to content analysis in line with the objectives of the study. The study revealed that Nigeria had not been able to realise the potentials of ASM because of the inability of artisanal miners to bring their operations within the formal sector and that inappropriate policy and legal regime, the absence of institutional support mechanisms had rendered past efforts to formalise and regulate ASM ineffective. It also revealed that Minerals and Mining Act, 1999 lagged behind international standards on some important criteria in that it did not among other shortcomings expressly recognise ASM; provide a country definition for ASM; make special regulations for ASM and simplify access to mineral rights and titles for ASM considered critical in any competitive mining legislation. While the Nigerian Minerals and Mining Act, 2007 had attempted to address some of these shortcomings by providing for the grant of the Small-Scale Mining Lease and separate country definition for ‘artisanal’ and ‘smallscale mining’, its provisions were not far reaching enough as the study further revealed that the Act apart from failing to make distinct provisions for these classes of miners, it did not take cognisance of the peculiarities of ASM by its capital intensive entry conditions considered unsuitable for ASM operations. The study concluded that unless ASM activities are formalised through a regulatory regime that takes cognizance of the peculiarities of ASM and is complemented by the provision of appropriate institutional support mechanisms, the strategic objective of re-vitalising the mining industry and re-positioning it as a source of revenue and foreign exchange earnings for the country could not be realised.
Open Access
Legal Protection of the Consumer in Electronic Commerce in Nigeria
(2015-04-10) Akomolede, Timothy Ifedayo
The study analysed the legal issues and problems involved in electronic commerce in Nigeria, examined the laws and institutions that protect consumers and assessed the remedies available to the latter. It also examined the prospects and challenges of a comprehensive consumer protection code for electronic commerce with a view to appraising the legal protection available to consumers in electronic commerce in Nigeria. The study relied on both primary and secondary sources of information. The primary sources were International Conventions, judicial decisions, statutes and bills. These included the Sale of Goods Act (1893), the Consumer Protection Council Act (1992), the Nigerian Electronic Transactions Bill (2005), the Nigerian Information Technology Development Agency Bill (2005) and other legislation that have direct and indirect bearing on the protection of the consumer in electronic commerce. These legislation and bills were compared with similar legislation in the United Kingdom, United States of America, Canada, Australia and South Africa. The secondary sources included textbooks, journals, bulletins, guidelines, circulars, policy documents, newspapers/magazines and the Internet. Information gathered from these sources were subjected to content analysis. The results revealed that the legal protection of consumers in electronic commerce in Nigeria was riddled with some legal problems. These included lack of data protection, non-protection of the privacy of the communication of the parties, non-existence of well articulated rules for entering into Internet contracts, lack of rules and regulations for jurisdictional and choice of law issues, difficulties in proving Internet-related transactions and lack of well-articulated consumer rights and remedies. It further revealed that even though there were laws that protected consumers in general, consumers in electronic specifically protected because the laws were not directed at that class of consumers. It also revealed that existing consumer protection institutions in Nigeria such as the Consumer Protection Council, National Agency for Food Drug Administration and Control and Standard Organization of Nigeria were not given direct responsibilities for protecting consumers in electronic commerce under the laws that established them. Although there were remedies available to the consumers generally, which included contract-based and administrative-based remedies,, they were inadequate because consumers in electronic commerce were not directly in focus. There was also no comprehensive consumer Code in electronic commerce in Nigeria unlike other jurisdictions considered by the study because the legal problems associated with it were just coming up. The study concluded that the legal and regulatory frameworks for the protection of consumers in electronic commerce were yet to take proper shape, which largely could be because it was a budding phenomenon in commercial transactions in Nigeria.
Open Access
A Critical Analysis of the Doctrine of Sovereign Immunity and State Involvement in Commercial Activities
(2015-04-17) Babatunde, I. O.
The study appraised the doctrine of sovereign immunity in the light of recent Conventions and Laws with a view to determining how these enactments have facilitated State involvement in commercial activities. It also examined the laws governing the immunity of the sovereign in a foreign court, identified the legal problems and constraints in the application of the doctrine, analysed the experience of some states in this regard and examined the measures taken to address these problems. The study relied on primary and secondary sources of information. The Primary sources included international treaties and conventions, national legislation, decisions of municipal courts, the International Court of Justice and arbitral tribunals as well as the official records of the Ministry of Foreign Affairs. The secondary sources of information included textbooks, journals, seminar papers, conferences papers, magazines, newspapers and other materials sourced from the Internet. The data collected from these sources were subjected to content analysis. The study revealed that the doctrine of sovereign immunity was established and developed at a time when most of the developing countries were not independent and the sovereign function was limited to purely state functions like maintaining law and order, conduct of foreign affairs and the defence of the state. After the Second World War, states had to carry out rehabilitation, reconstruction and redevelopment of the war affected areas. This accounted for their growing involvement in commercial activities and the shift in the jurisprudence on sovereign immunity from one of absolute to that of restrictive immunity. The study revealed that activities involving the states were classified into Commercial (jure gestionis) and governmental (jure imperii); but the tests applied in determining the classification were beset by a number of problems. The study also indicated that the major problems were whether the nature of an activity or the purpose of a transaction should be the decisive criterion for classification. These problems constitute the main constraints in the application of the doctrine. The study therefore advocated the enactment of a legislation specifically aimed at addressing the problem of classification as a means of getting out of the legal quagmire experienced in some jurisdictions examined in this respect. The study concluded that the restrictive immunity approach could be desirable if trade and commerce were to grow and be conducted on fair and equitable basis.
Open Access
Legal Protection of the Consumer of Genetically Modified Products in Nigeria
(2015-04-22) Fayokun, Kayode Olatunbosun
The study examined the state of the Nigerian law on the protection of consumers of genetically modified products that are now appearing in the world market. It identified the legal issues relating to genetically modified organisms and products, and considered the consumer safety concerns they have generated. It also examined the adequacy of the existing product liability and consumer safety laws, and the challenges posed by inadequate legal protection regime in the face of emerging, untested "state of technology" products in the Nigerian market. This study employed the library research methodology. Information and materials were derived from primary and secondary sources. The primary sources are relevant legislation and case law in Nigeria and in foreign jurisdictions. Specifically, the study relied on product liability laws, consumer protection laws and biosafety regulations that are developing in recent times to contain the risks associated with genetically modified products. The study took an expository look into the Sale of Goods Laws, the Food and Drugs Act, the Standards Organization of Nigeria Act, the Consumer Protection Council Act, the National Agency for Food and Drug Administration and Control Act, the Advertising Practitioners (Registration etc.) Act, the Trade Malpractices (Miscellaneous Provisions) Act and other related local legislation. Journal articles, textbooks and reports of debates generated by Genetically Modified Organisms and techniques in international fora and the media constitute secondary sources of materials for this study. The study revealed that the production of foodstuffs has never in the history of the human family been subjected to change that has been as dramatic and far-reaching as the change wrought by genetic modification of crops. Most of the changes are difficult, if not impossible, for consumers to evaluate. The problem has been compounded, especially in Nigeria, by the lack of regulatory framework for genetically modified product safety and consumer protection. The study further revealed that GM food safety has drawn much public interests and scrutiny not only in respect of its commercial diffusion but also in respect of its acceptance as food aid. Concerns have resulted from the need to set policies and legal frameworks that balance economic growth and development considerations with concerns over safety and ethics. When the techniques for genetic modification first appeared in the mid-1970s, the concerns of scientists and the public resulted in the establishment of national oversight committees in some advanced countries. The study revealed on the other hand, that many developing countries including Nigeria have not designed mandatory safety guidelines for the protection of the consumer of genetically modified products. The study concluded that neither the current product liability regime nor the legislative and regulatory frameworks for consumer protection in Nigeria is adequate to contain the risks associated with GM products.
Open Access
Securities Information Disclosure and Legal Protection of Investors in Nigeria
(2015-05-05) Olayiwola, Owoade Oladele
This study examined the statutory and institutional framework for securities transactions, the theoretical bases for, and the regulatory approach to securities information disclosure in Nigeria. It also analysed and evaluated the relational role of mandatory information disclosure, corporate governance controls and anti-fraud provisions in the Nigerian securities regulation with a view to evaluating their efficacy in protecting informed and uninformed investors. The study obtained primary information through the analysis of the Investments and Securities Act, 2004 (ISA), the Companies and Allied Matters Act and the Securities and Exchange Commission (SEC) Rules and Regulations. Other primary sources of information included judicial and quasi-judicial decisions, the listing requirements of the Nigerian Stock Exchange, company prospectuses, SEC Annual Reports and other official documents. A comparative analysis of statutes, rules, reports and judicial decisions of the United States, United Kingdom and the European Union was also done. Secondary data were obtained from published texts, law journals and opinions of securities scholars. Unstructured interviews of some purposively selected key officials of the SEC and the Nigerian Stock Exchange (NSE) clarified the information obtained from the primary sources. The study found that the institutional and legal framework for securities transactions in Nigeria some of the key objectives of securities regulation, including investor protection. The study established that Nigeria combined a system of government and self regulations of her market through mandatory disclosure of information coupled with anti-fraud penal sanctions and a permissive system of internal corporate governance controls. It also established that the information that the existing regulations required securities issuers and their agents to disclose were too complicated for retail uninformed investors. The retail investors usually did not read the disclosures. Even when they did, only those with expertise in law and finance could understand the disclosures because of their highly technical nature and content. Therefore, it could not be established that the disclosures had helped retail and non-expert investors to make informed investment decisions. The factors that persuaded these investors to invest were increase in the market prices of securities, fad, and perception of investment as savings. The study found that the anti-fraud provisions in the Nigerian securities law were vital, but the penal sanctions were too mild to deter sharp practices and protect investors. The study also found that a recently introduced code of corporate governance for public companies was adequate in content but was only persuasive and devoid of the binding force of law. Therefore no securities issuer could be prosecuted or sanctioned for not complying with its provisions. This contradicted the practice in major securities markets where similar provisions had been enacted as laws in response to fraud by securities issuers prompted by permissiveness. The study concluded that the Nigerian securities information disclosure system protected informed investors, but did not make information available to uninformed investors in the form that they could understand for their investment decisions and protection. In addition, the sanctions for the violation of disclosure duty were too mild.
Open Access
A Critical Analysis of Death Penalty in Nigeria
(2015-05-08) Olatunbosun, Ismaila Adeniyi
This study analysed the practice of the death penalty in Nigeria, examined the underlying principle of retributive punishment for the offenders and assessed the administration of death sentence through the mode and manner of execution with a view evaluating the perception of the public and appraising the constitutionality of the death penalty in Nigeria. Primary data were collected through the analysis of the provisions of the Constitution, the Criminal Code, the Penal Code, the Criminal Procedure and other relevant statutes on death sentence. A comparative analysis of the Constitutional provisions relating to the application of death penalty in other jurisdictions such as the United Kingdom, the United States of America, Jamaica and some African countries was undertaken. Secondary data were extracted from published texts, academic journals, official publications of the Nigeria Police and, the Prisons. Unstructured interviews were also conducted with selective judicial officers and members of the public. The information obtained from the survey was subjected to content analysis. The findings revealed that the death penalty met some of the objectives of punishment namely; retribution and deterrence. For example, the age-long Mosaic Law of an eye for an eye and a tooth for a tooth further buttressed the proprietary of retaining death penalty in our legal system. The study established that within the framework of Nigerian constitutional provisions and existing provisions under the criminal law, death penalty remained constitutional and valid. The public view in support of this mode of punishment stated that it served as permanent form of depriving convicted criminals from committing further criminal acts of capital crimes and meant to uphold the sanctity of life which must be respected at all times and situations and that those who took lives of fellow citizens without legal excuse deserved not to live. On the other hand, the study showed that death penalty did not meet other objectives of punishment namely rehabilitation and educative. That strict compliance with Mosaic Law tilted towards vengeance rather than correction. The study highlighted constitutional provisions of some foreign countries and relevant laws that had made death penalty unconstitutional and invalid. The public view against death penalty is that it remained punitive, barbaric, inhuman, cruel and degrading as a form of punishment and that terminating the lives of such criminals could not bring back the lives of the victims of murder but rather constitute further acts of killings. To that extent, the school believed that death penalty should be abolished. The findings further identified legal implications likely to arise from the introduction of Sharia legal system on the future of death penalty with the emerging conflict of laws situation in the country. The study further revealed that the dependants and relations of the victims borne the trouble and hardships arising from the loss of their loved ones, and felt it would be most unfortunate and disgusting for the murderers walking freely on the streets while the victims had gone on a journey of no return. The study further suggested the use of the alternatives to death sentence, as complimentary forms of punishment. The study concluded that Nigerian society still needs the death penalty against the backdrop of incessant brutal killings, so rampant in the recent times, that the identified shortcomings in its operation need to be addressed in order to make it more functional; and that it is the trial system, rather than the punishment that is prone to errors.
Open Access
Legal Implications of Electronic Banking in Nigeria
(2015-05-12) Orifowomo, Odunola Akinwale
This study critically, examined the various components of electronic banking (e-banking) and their impact on the industry. It analysed the legal issues generated by electronic banking in Nigeria, the existing legal and institutional frameworks for the banking industry, and highlighted their inadequacy in meeting the challenges of electronic banking. It also developed an appropriate legal framework for e-banking in Nigeria The study relied on primary and secondary sources of information. Judicial decisions and legislation, including the Central Bank of Nigeria Act and the Banks and Other Financial Institutions Act, relating to the banking system constituted the primary sources. The secondary sources of information were journal articles, textbooks from local and foreign jurisdiction, and official documents from banking institutions. Information gathered from these sources was subjected to content analysis. The study revealed that the traditional conceptions of the relationship between the banker and the customer did not anticipate the evolution of the electronic banking system. This necessitated a shift in the delivery channels, using applicable information and communications technology (ICT) infrastructure, and a re-orientation in the parties. The shift had to do with the workings of the relationship between the parties, inter se, and with respect to third parties such as ICT service providers. The study further revealed the peculiar challenges engendered by e-banking and the inadequacies in existing institutional, regulatory and legal frameworks. First, the principal statutes regulating the banking system — the Central Bank of Nigeria Act and the Banks and Other Financial Institutions Act, were enacted before the advent of e-banking. Secondly, the "Guidelines on Electronic Banking in Nigeria 2003" are purely guidelines, rather than enforceable statutory provisions. Besides, the parties still relied mostly on "agreements", fashioned before the advent of e-banking, with provisions overly protective of the banker, against the customer. The customer, in the circumstances, appeared helpless. The study concluded that the relationship between the banker, the customer and the service providers required careful definition, and to ensure a true and proper harnessing of the capabilities of e-banking products and delivery channels, there is an imperative need to have in place, appropriate laws to regulate e-banking in Nigeria.
Open Access
A Critical Analysis of the Derogation Clauses in the Fundamental Human Rights Provisions of the 1999 Nigerian Constitution
(2015-06-19) Amusa, Kazeem Olusola
This study examined the extent to which the fundamental human rights guaranteed by the Constitution could be interfered with by the State through its laws and analysed the reasonably justifiability of some laws which derogated from human rights. The study further examined the remedies for infringement of fundamental rights in a democracy and the judicial approach to the interpretation of derogation provisions, with a view to striking balance between the aggregate interests of the state in ensuring security, public order, public morality, and public health on the one hand the need to protect the human rights of the citizens on the other hand. Primary data were collected through the analysis of the provisions of the Constitution of the Federal Republic of Nigeria 1999, the Criminal Code, the Penal Code, the Criminal Procedure Act, Conventions as well as other relevant Statutes and International Legal Instruments on derogation of guaranteed rights. A comparative analysis of the constitutional provisions on derogation from fundamental rights in some common law jurisdictions like the United States of America, the United Kingdom, the Republic of South Africa and some African countries was undertaken. Secondary, data were also extracted from books, journal articles, law reports, magazines, newspapers and the Internet. Information obtained from the sources were subject to content analysis. The study revealed that the derogation provisions in the 1999 Constitution of Nigeria had been couched in general and vague terms which had created opportunities for unwarranted interference with the fundamental rights by the government. The study found that other laws placed the Constitution of the country on a lower pedestal compared to an ordinary legislation. The study also showed that some legislation on security either owed their origins to colonial or military rule, with their attendant repressive effects which were not compatible with democratic rule. The study further revealed that public interest and the interest of those in government were not always coterminous, thus, not all legislative measures could be used to justify every restriction of human rights. The study showed that it was wrong to place the onus of justification of derogation laws on the person whose right had been violated, rather, the onus should be on the authorities which enacted derogation laws. The study also found that laws derogating from human rights on grounds of public morality or public health were not as extensive and contentious as derogation laws on grounds of defence, public safety and public order. The study showed that judicial intervention in disputes on derogation from human rights during peace time was least satisfying because of the adoption of restrained model of construction of statutes by the courts. The study found that in times of emergencies, the extent and scope of rights which could be derogated was very wide. The study further revealed that derogation from human rights has been done with circumspection in the United States and United Kingdom during the peace time and state of emergencies because of the culture of obedience to laws and the Constitution by the rulers and the ruled. The study found that a more acceptable formula for derogation should be one which made derogation law invalid, unless it was reasonably justifiable in a democratic society and not the existing formula of making the rights subordinate to derogation law. The study concluded that there would always be need to retain derogation clauses in our Constitution, as practiced in advanced democratic countries, in order to guarantee orderly existence, but the daunting challenge of delicately balancing competing rights of individuals with recognized grounds for derogation was not insurmountable.