Doctor of Philosophy (Ph.D.) Theses and Dissertations
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- ItemOpen AccessLegal Aspect of Tribunals of Inquiry in Nigeria(Department of Law, Faculty of Law, Obafemi Awolowo University, ile-Ife., 1987) Adediran, Michael OluIn 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.
- ItemOpen AccessJudicial 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.
- ItemOpen AccessDeveloping 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, OlusegunThis 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.
- ItemOpen AccessRights of widows under customary laws of inheritance in South-western states of Nigeria(Faculty of law, Obafemi Awolowo University., 2022) ADEPOJU Adebiyi AnthonyThe 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.
- ItemOpen AccessApplication of International human rights law to mental health in Nigeria.(Faculty Of Law, Obafemi Awolowo University., 2023) Koyejo, Lucas BowofoluwaThis 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.
- ItemEmbargoInternational 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.
- ItemEmbargoLegal 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.