Faculty of Law

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    Legal Aspect of Tribunals of Inquiry in Nigeria
    (Department of Law, Faculty of Law, Obafemi Awolowo University, ile-Ife., 1987) Adediran, Michael Olu
    In Nigeria, inquiries which in Britain, its country of origin were intended for purposes of finding facts about matters which cause public disquiet like official brutality, impropriety and disasters, soon became a tool used by administration at both federal and state levels when new policies are to be embarked upon. This thesis examines the various legal issues which, though unintended, inevitably surface when these inquiries are being conducted.
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    Judicial interpretation of the constitutions in selected commonwealth jurisdictions.
    (Department of Law, Obafemi Awolowo University, Ile-Ife., 2011) Ijaiya, Hakeem Olasunkanmi.
    The study examined the judicial interpretation of the constitutios in selected commonwealth jurisdictions. It also undertook a survey of the theories of constituitonal interpretation and adjudication, examined the rules applied by the courts in the interpretation of the provisions of the constitutions and determined the extent to which the existin approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in some selected commonwealth countries.
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    Legal perspective on Nigerian health law and biomedical research and experiment
    (Faculty of Law, Obafemi Awolowo University ., 2019) ADEBIYI Gbemisola Rachael
    Biomedical Research and experiment in its broadest definition encompasses the principles, standards, norms and guideline that regulate scientific research and inquiry. The primary role in health research is to protect the rights, integrity and safety of research participants . Public awareness of abuses to human research participants, including the horrific human experiments of the second World War in Germany and the Tuskegee syphilis study in America which led to the formulation of several ethical guidelines including the Nuremberg Code, the Declaration of Helsinki, and the council for International Organization for Medical Sciences (CIOMS) Guidelines .
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    The Role of Nigeria Police in the Administration of Criminal Justice system in Nigeria.
    (Faculty of Law, Obafemi Awolowo University., 2022) ABDULRAHAMON ALARAPE Idayat Temitope
    The study examined the legal framework, historical emergence, organizational structure and the professional practices of the e of the Nigeria police within the administration of criminal justice system in Nigeria together with its nature, prospects and challenges. These were with a view to strengthening the administration of criminal justice system in Nigeria.
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    The role of Nigeria police in the administration of criminal justice system in Nigeria.
    (Faculty Of Law, Obafemi Awolowo University., 2022) ALARAPE Abdulrahmon Idayat Temitope
    The study examined the legal framework, historical emergence, organizational structure and the professional practices of the e of the Nigeria police within the administration of criminal justice system in Nigeria together with its nature, prospects and challenges. These were with a view to strengthening the administration of criminal justice system in Nigeria. The study relied on primary and secondary sources of information. The primary source comprised thesuccessive Constitutions of the Federal Republic of Nigeria, unstructured interviews, judicial decisions, and various statutes enacted for an enhanced administration of Criminal Justice System in Nigeria more particularly, the Administration of Criminal Justice Act, 2015, Nigeria Police Act, 2020 and so on. The secondary source of information included books, journal articles, conference proceedings, newspapers and magazine publications and; the internet. Data collected were subjected to content analysis. The study found that there exists in Nigeria both internal and external problems bedeviling the role of police in the administration of criminal justice system in Nigeria. It also found that if the Criminal Justice System in Nigeria would achieve the expected objective culminating in their existence, the challenges of corruption must be decisively addressed. The study concluded that though there are several challenges that are currently hindering the efficiency and effectiveness of the police in the Administration of Criminal Justice in Nigeria, quick intervention from government can assist in ameliorating the situations. There are several laws that have been put in place to ensure an improved, better, and speedy administration of Criminal Justice System in Nigeria, unless concerted efforts are made by the stakeholders in the administration of criminal justice system in Nigeria, certain bottle neck in the bureaucratic plane would not allow effective application of laws bringing the needed reform..
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    Mediation as a tool of resolving dispute in Nigeria : Issues and Challenges
    (Faculty of Law,Obafemi Awolowo University, 2022) BAYODE, Kehinde Olufunso
    Mediation is an aspect of Alternative Dispute Resolution. However, despite the growth and advantages of mediation, it is still left undermined, especially in Nigeria where there is no specific legal framework for its application, scope, procedure and accreditation of mediators. This is work researched the practice of mediation in other jurisdictions such as South Africa, Canada and Hong Kong, taking cognizance of the loopholes and challenges experienced by some of these jurisdictions and using them as litmus tests to proffer recommendations for the practice of mediation in Nigeria. The research methodology used in this work is the library research method. The work relied on primary and secondary sources of information.The work found out that mediation is yet to gain wide acceptance in Nigeria due to many factors, and such factors will continue to debilitate the swift operation of mediation in Nigeria, unless some of the recommendations provided in this work are applied and put into practice.
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    Developing and appropriate legal framework for the sustainable development of bitumen in Nigeria.
    (The Department of International Law, Faculty of Law, Obafemi Awolowo University, 2022) AKINSULORE, Adedoyin, Olusegun
    This study examined the evolution of the exploitation of bitumen from a historical perspective. It analysed the legal and institutional frameworks for the exploitation of bitumen in Nigeria. The study also identified legal and regulatory innovations in other jurisdictions that could be adopted for use in the sustainable exploitation of bitumen in Nigeria. It developed a sustainable governance regime for the exploitation of bitumen in Nigeria. This was with a view to ascertaining the suitability of the Nigeria legal regime to the nature of bitumen exploitation. The study relied on both primary and secondary sources of information. The primary source comprised the Nigerian Constitution 1999 (as altered) and legislations such as Nigerian Minerals and Mining Act 2007, Minerals and Mining Regulations 2011, Petroleum Act 1969, National Environmental Standards and Regulations Enforcement Agencies (NESREA) Act, Canada’s Constitution Act 1867, Responsible Energy Development Act 2012 of the Province of Alberta, Canada and judicial decisions. The secondary source included books, journal articles, conference proceedings, newspapers, magazines and other materials gathered from the Internet. The study adopted an unstructured Key Informants Interviews (KII) methodology to elicit information from notable stakeholders at the institutional and social level in the bitumen subsector of Nigeria. The data collected from these sources were subjected to content analysis. The study revealed that historically, the discovery and development of bitumen by a state have often been maintained by a deliberate state prioritisation of its developmental interests over and above the interests of minority/indigenous groups in the resource area or environmental concerns of international agencies. The study further revealed that considering the technological outlay required for the extraction and processing of bitumen, the Nigeria Mineral and Mining Act (NMMA), 2007 and the Nigerian Minerals and Mining Regulations 2011 do not make provision for this necessary exploitation process, rendering the law and its regulation deficient and unsuitable for the development of bitumen in Nigeria. The study also found that the legal and regulatory innovations in Alberta Canada accommodate the peculiar processing requirements for the development of bitumen while also introducing creative sentencing as an additional form of penalty for infractions on the environment. The study discovered that developing a sustainable governance regime for the bitumen sector would require proper management of tailing ponds in view of the present inadequacy of the statutory provisions. The study concluded that The Nigerian Minerals and Mining Act 2007 and its Regulations of 2011 are deficient and inadequate for the sustainable development of bitumen in Nigeria.
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    The role of Nigeria police in the administration of criminal justice system in Nigeria.
    (Faculty of Law, Obafemi Awolowo University, Ile-Ife., 2022) ABDULRAHAMON Alarape Idayat Temitope
    The study examined the legal framework, historical emergence, organizational structure and the professional practices of the e of the Nigeria police within the administration of criminal justice system in Nigeria together with its nature, prospects and challenges. These were with a view to strengthening the administration of criminal justice system in Nigeria. The study relied on primary and secondary sources of information. The primary source comprised the successive Constitutions of the Federal Republic of Nigeria, instructured interviews, judicial decisions, and various statutes enacted for an enhanced administration of Criminal Justice System in Nigeria more particularly, the Administration of Criminal Justice Act, 2015, Nigeria Police Act, 2020 and so on. The secondary source of information included books, journal articles, conference proceedings, newspapers and magazine publications and; the internet. Data collected were subjected to content analysis. The study found that there exists in Nigeria both internal and external problems bedeviling the role of police in the administration of criminal justice system in Nigeria. It also found that if the Criminal Justice System in Nigeria would achieve the expected objective culminating in their existence, the challenges of corruption must be decisively addressed.
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    Code of corporate governance for prevention of corporate frauds in Nigerian banking sector
    (Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria., 2022) CHIKAODILI Angela Adimoha
    The study examined the conceptual foundations of Company Law in Nigerian. It also analysed the development of corporate governance in Nigeria and analysed the adequacy and effectiveness of the existing codes of corporate governance. It also discussed the development of banking industry in Nigeria with emphasis on increasing frauds in the sector. This was with a view to determining the status of the existing codes of corporate governance, their effectiveness, and the extent to which they have been enforced. The study relied on primary and secondary sources of information. The primary source included the Companies and Allied Matters Act Cap, C20, LFN 2004, the Banks and Other Financial Institutions Act 1991, the Investments and Securities Act 2007, the Securities and Exchange Commission Act, Central Bank of Nigeria Act Cap C20 2004, Code of Corporate Governance for Banks and Other Financial Institution in Nigeria, 2003, Code of Corporate Governance for Banks and Discount Houses in Nigeria 2014, Case laws and Judicial decisions. The secondary source included books, journal articles and the Internet. The information obtained from these sources was subjected to data analysis. The results showed that serious corporate governance practice in Nigeria started in 1987 with “Report” presented by “the Law Reform Commission” which reviewed the “the Companies Act, 1968”, repealed and replaced it with “the Company and Allied Matters Act, 1990” (now LFN Cap, C20, 2004), which laid foundations for other reforms such as recapitalization and post establishment of AMCON 2004 to 2009 consolidation in the sector. The study also found that serious developments in Nigerian banking sector started in 1952 with promulgation of legislation known as “Banking Ordinance” and Central Bank Ordinance in 1958 to 1959; and as a result of improved technology. The study further revealed that the sector has migrated from manual telectronic banking and connected to World Wide Web (WWW) systems with all the incidental matters which greatly exposed the sector to incessant frauds and fraudsters updates their techniques and adopt more complicated, sophisticated and less identifiable method in carrying out their fraudulent activities. The study finally revealed that there are multiple codes of corporate governance in Nigeria some of which were industrial specific but three of the codes were specifically issued to regulate the banking sector. The study concluded that as a result of inadequate and ineffective enforcement of existing codes, fraudulent activities in the Nigeria banking sector has not been totally curbed. It also concluded that the existing codes of corporate governance will advance useful proportions for the review of the extant law which they have been enforced
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    Rights of widows under customary laws of inheritance in South-western states of Nigeria
    (Faculty of law, Obafemi Awolowo University., 2022) ADEPOJU Adebiyi Anthony
    The study discussed the evolution, nature and characteristics of customary laws of Yoruba people of South-Western Nigeria. It analysed the rules of inheritance under the customary law of the Yoruba people. It also appraised the rights of widows to inheritance as well as challenges militating against customary laws of inheritance in South-Western Nigeria. These were with a view to bringing into limelight how windows‟ rights of inheritance could be preserved through appropriate legislation. This study relied on primary and secondary sources of information. The primary source included legislation such as the Constitution of the Federal Republic of Nigeria, 1999 (As altered), Statutes such as the Wills Act of 1837, Administration of Estates Laws of the various states of Nigeria, Judicial Precedents, Customs and Cultural practices relating to widows‟ statutes and inheritance rights of six states of South-Western Nigeria, Treaties and Conventions of Widows‟ rights. The secondary source included books, journal articles, periodical, newspapers, magazines, conference proceedings, the internet as well as unstructured interviews. The results showed that customary laws of inheritance in South-Western Nigeria are unwritten, varied from one locality to another, therefore, not codified into one single document. The rules of inheritance in the aforementioned states of South-Western Nigeria favoured only male gender. The study also showed that Yoruba Customary laws of inheritance discriminated against widows of customary law marriage and denied them their inheritance rights. The study further showed that the challenges experienced in inheritance process is as a result of pluralistic nature of inheritance laws in South-Western Nigeria. The study concluded that unification, integration and harmonization of laws of inheritance as possible viable means to eliminate the various challenges, discrimination, conflicts and the attendant problems. To achieve the above-stated suggested law reform, a scheme of legal unification be put in place as will be attempted in the subsequent chapters.
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    Arbitration and settlement of tax disputes in Nigeria
    (Department Of Business Law, Faculty Of Law, Obafewmi Awolowo University., 2023) Olaseeni, Adebolanle Aina
    This study examined arbitration as an alternative dispute resolution (ADR) mechanism. It further discussed the nature and characteristics of tax disputes in Nigeria. Again, the study appraised the utility of arbitration in the settlement of tax disputes in Nigeria. This was with the view to achieving speedy disposition of tax disputes and to reducing the incidence of tax evasion in Nigeria. The study relied on both primary and secondary sources of data. The primary source included the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and other local legislation, such as the Company Income Tax Act (CITA), 2004, the Personal Income Tax Act (PITA), 2011, Federal Inland Revenue Service (Establishment) Act, 2007, Value Added Tax (VAT), 2004, the Arbitration and Conciliation Act, 2004, Finance Act, 2021, and international treaties and conventions, including the United Nations Commission on International Trade Law (UNCITRAL) on International Commercial Arbitration, 1985, and the Organisation for Economic Cooperation and Development (OECD) Model Tax Convention, 2008, as well as judicial decisions. The secondary source included books, journal articles, newspapers reports, magazines and the Internet. The data collected from the sources were subjected to content analysis. The results showed that arbitration is one of the major mechanisms of alternative dispute resolution (ADR). The study revealed that by nature and characteristics, tax disputes are not arbitrable in Nigeria but primarily settled by the courts and Tax Appeal Tribunal. Finally, the study found that the alternative dispute resolution mechanism of arbitration is imperative for the resolution of tax disputes in Nigeria, since the traditional adjudicatory method of tax disputes settlement is being fraught with many challenges, ranging from procedural complexities to ambiguous tax laws, among others. The study concluded that arbitration has proven to be the most effective mechanism of resolving tax disputes around the world; hence, utilising this mechanism in Nigeria would be a right step in the right direction.
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    Application of International human rights law to mental health in Nigeria.
    (Faculty Of Law, Obafemi Awolowo University., 2023) Koyejo, Lucas Bowofoluwa
    This study appraised the practice of protection and management of mental health in the framework of extant national laws in Nigeria. It analysed the provisions of international human rights laws applicable to protection and management of mental health. Furthermore it discussed the phenomena of gross violation of the rights of persons with mental disability in Nigeria. Moreover, it assessed the level of compliance of the existing legal framework for the protection of the human rights of the mentally disable in Nigeria with regard to international human rights laws. These were done with a view to assess the impact of international human rights laws to mentalhealthinNigeria.The study relied on primary and secondary sources of information. The primary sourcecomprised oftheNigerian Constitution 1999 as amended, the National Mental Health Act, 2021,the recently repealed Lunacy Act, 1958, international laws, conventions and treaties like the International Bill of Human Rights, UN Charter, the African Charter on Human and Peoples’ Rights, International Convention on the Rights of Persons with Disabilities and other instruments relevant to mental health like the United Nations Principles on Protection of Persons with Mental Illness and Improvement of Mental Healthcare and the Nigerian National Policy on Mental Health. The secondary source comprised of books, journal articles, conference proceedings, newspapers, magazines and the internet. The study made use of unstructured interviews. The interviews were conducted on key purposively selected informants made up of six consultant psychiatrists, two Psychologists, two Psychiatric Nurses, two Social Workers, one Occupational Therapist and five persons with mental disabilities. The information gathered was subjected to content analysis. The study revealed that the mental health management in Nigeria was being carried out without paying attention to the inadequacies inherent in the existing legal framework on the subject matter in Nigeria. Factors responsible for this to a great extent are the inadequate provisions in the existing laws. Result further showed that there are provisions within the international human rights laws if embraced within the Nigerian domestic laws could have enhanced the life of persons with mental disabilities in Nigeria. Result further revealed that phenomena of the violation of the rights of persons with mental disabilities are rampant. Moreover, the study revealed that the existing legal framework for the protection of persons with mental disabilities were not in compliance with international human rights laws. The study concluded that international human rights law provisions presently were not being complied within the management of mental health in Nigeria.
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    International humanitarian law and sexual violence in armed conflicts
    (Department International Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria, 2024) Andrew, Adetokunbo Borokini.
    This study discussed the origin and evolution of International Humanitarian Law from historical perspective and the phenomenon of sexual violence during armed conflicts. It examined the impact of International Humanitarian Law on sexual violence in armed conflicts; and identified and discussed the challenges of International Humanitarian Law in checking sexual violence in armed conflicts. These were with a view to facilitating a more robust understanding of the phenomenon of sexual violence and highlighting the challenges of International Humanitarian Law in curbing sexual violence in armed conflicts, and proffer solutions. The study relied on both primary and secondary sources of information. The primary source included the United Nations Charter 1945, Universal Declaration of Human Rights 1948, Geneva Convention 1949, Declaration on the Protection of Women and Children in Emergences and Armed Conflicts 1974 and Judgements of International Criminal Tribunal for former Yugoslavia, International Criminal Tribunal for Rwanda, International Criminal Court and other regional and global Conventions and Declarations such as the Declaration on the Elimination of Violence against Women 1993, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa 2003 and European Convention on Violence Against Women 2011. The secondary source comprised books, journal articles, newspaper publications, conference proceedings and the materials source from the Internet. The data collected was subjected to content analysis. Results showed that International Humanitarian Law was an offshoot of International Law that came to prominence after the Second World War and over the years its principles have been recognized and applied to armed conflicts globally. Furthermore, the results showed that sexual violence has been associated with armed conflicts right from time immemorial and despite the modern approach of giving warfare a human face, sexual violence persists in armed conflicts. Also, since its emergence and evolution as a body of substantive law, International and Humanitarian Law principles have been recognized and utilized as instruments for combating sexual violence in armed conflict situations. However, result revealed that the utilisation of International Humanitarian Law principles in this respect had proved ineffective in many cases due to a number of factors. Prominent among these were: inadequate enforcement mechanisms, global politics, proliferation of non-state actors, sovereignty of states, lack of enforcement mechanism of international tribunals, etc. The study concluded that International Humanitarian Law was not adequate in combating sexual violence in armed conflict situations.
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    Legal issues in the taxation of electronic commerce in Nigeria.
    (Department of Business Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria., 2024) Amune, Majebi Samuel.
    This study examined the origin and nature of electronic commerce in Nigeria. It also analysed the legal framework for the taxation of electronic commerce in Nigeria. The study further discussed the institutional framework for the taxation of electronic commerce in Nigeria. The study finally appraised the legal issues inherent in the taxation of electronic commerce in Nigeria. These were done with a view to assessing the jurisdictional challenges and tax issues undermining the implementation of electronic commerce in Nigeria. The study relied on both primary and secondary sources of information. The primary source comprised judicial decisions, international conventions and other instruments relevant to the concept of taxation of electronic commerce in Nigeria. The secondary source included books, journal articles, newspaper publications and the Internet. The data collected were subjected to content analysis. The results showed that there is lack of clear tax laws on the nature of electronic commerce in Nigeria as existing status in Nigeria lag behind the development and growth of electronic commerce. It also found out that there was inadequate regulatory framework required to address electronic commerce taxation. It discovered that Nigerian law fell short of an effective system of electronic commerce and did not adequately address the issues and challenges of regulation. It finally showed that there were limited tax treaties on electronic commerce in Nigeria. The study concluded that there was a need for a new legal regime and regulatory framework to address the inadequacies in Nigeria tax laws on electronic commerce and the urgent need to introduce online advert/online stores and mobile apps taxes in order to enhance revenue generation by government.
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    The regime of compensation for compulsory land acquisition under the land use act, 1978
    (Department ofjurisprudence and private law, (Obafemi Awolowo University), 2024) Timothy, Olugbenga Omiwole
    The study examined the system of land tenure in Nigeria up to 1978. It analysed the regime of compensation for compulsory land acquisition under the provisions of Land Use Act 1978. It identified inherent defects in the existing regime of compensation for compulsory land acquisition in Nigeria. This was with a view to revealing the inadequacies in this regime and the imperative of reforming it. The study relied on primary and secondary sources of information. The primary source included the Land Use Act, the constitution of the Federal Republic of Nigeria 1999 (as amended) and judicial decisions. The secondary source included books, journal articles, conference proceedings and the Internet. The data obtained were subjected to content analysis. The study found that different land tenure systems applied in different parts of the country prior to coming into effect of the Land Use Act, 1978. It was the Land Use Act of 1978 that harmonized the various land tenure regimes that applied in different parts of the country. The study further revealed that the Land Use Act of 1978 introduced a uniform land tenure regime based on rights of occupancy throughout the country. Under the Land Use Act, the governor can compulsorily acquire land subject to payment of compensation for unexhausted improvement based on overriding public interest. The study revealed that under the Land Use Act, the implementation of the provisions on compulsory acquisition and compensation have resulted to discord and the satisfaction due to the expropriatory and unsavoury consequences of the compulsory acquisition by the governors..