Faculty of Law

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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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    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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    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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    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..