Browsing by Author "Abdulkadir, Abdulrazaq Owolabi"

Now showing 1 - 13 of 13
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    An Agreement to Hire Houseboat is not within the Realm of Admiralty Jurisdiction: TSKJ (Nig) Ltd v. Otochem (Nig) Ltd (2018) 11 NWLR (Pt.1630) 330)
    (Faculty of Law, Usman Danfodiyo University, Sokoto, 2020) Abdulkadir, Abdulrazaq Owolabi
    The general principle of law in maritime jurisdiction is that issues of admiralty matters are exclusive jurisdiction of the Federal High Court having regard to section 251(1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended). However, there have been dilemmas as some cases had posed difficulties to determine court with jurisdiction over it, as it may not be straight jacketed one.This research investigates the clog that is making it extremely thorny to decipher the court that can host such occurrence. The paper finds out that the inability to decipher the court (State or Federal High court) sometimes leads to striking out or dismissal of such matter which no doubt prejudice the interest of the litigants even if they have good cases. The paper recommends adequate consideration of the nature of a case, as an action for breach of contact for supply of goods conveyed by Sea does not change the character of an admiralty action, notwithstanding the movement of the subject matter of the transaction by Sea from one country to another.
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    An Agreement to Hire Houseboat is not within the Realm of Admiralty Jurisdiction: TSKJ (Nig) Ltd v. Otochem (Nig) Ltd (2018) 11 NWLR (Pt.1630) 330)
    (Faculty of Law, Usman Danfodiyo University, Sokoto, 2020) Abdulkadir, Abdulrazaq Owolabi
    The general principle of law in maritime jurisdiction is that issues of admiralty matters are exclusively jurisdiction of the Federal High Court having regard to section 251 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, there have dilemmas as some cases had posed difficulties to determine court with jurisdiction over it, as it may not be straight jacketed one. This research investigates the clog that is making it extremely thorny to decipher the court that can host such occurrence. The paper finds out that the inability to decipher the court (State or Federal court) sometimes leads to striking out or dismissal of such matter which no doubt prejudice the interest of the litigants even if they have good cases. The paper recommends adequate consideration of the nature of a case, as an action for breach of contract for supply of goods conveyed by sea does not change the character of an admiralty action, notwithstanding the movement of the subject matter of the transaction by sea from one country to another.
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    A Critical Evaluation of the Right of Ships' Access to State Ports under International Law
    (Faculty of Law, Achievers University, Owo, Ondo State, 2023-02-12) Abdulkadir, Abdulrazaq Owolabi
    By the IMO regulation, foreign flagged vessels have right to navigate waters and enter ports states but the port states enjoy the power to set condition for the accessibility of its ports. Sometimes, however, a memorandum of understanding between the state whose flag a ship is carrying and the port state is required before a foreign flagged vessel is able to navigate and the waters and enter port state. The issue of access to ports of other states by foreign flagged vessels has been a subject of controversy among scholars. Although, the right of access is usually granted by treaty between the states concerned, the general view is that there is no such separate customary right. A more accepted view is that the states are entitled to prescribe and enforce circumstances for port entry. The paper takes into account the general principles of international law concerning foreign flagged vessels’ rights of access to port states. The paper concludes by arguing that the international instrument which granted right of access to foreign flagged vessels is ineffective because states port grant access to foreign vessels that meet their conditions.
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    An Evaluation of Legal Framework on the Growth and Development of SMEs in Nigeria
    (International Islamic University Malaysia Press, Kuala Lumpur, 2015) Abdulkadir, Abdulrazaq Owolabi; Sambo, Abdulfatai O.; Abdulkadir, Bolaji Abdulkadir
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    GARNISHEE PROCEEDINGS IN NIGERIA AND MALAYSIA: INSIGHTS AND OPTIONS ON GOVERNMENT ACCOUNT
    (Grosvenor, United Kingdom, 2020) Abdulkadir, Abdulrazaq Owolabi; Dina, I. Supat; Afolabi, O. Solomon
    The focus of this paper is to ventilate the position of the law in Nigeria and Malaysia where the judgment debtor against whom judgment is obtained is a constituent of the federation of Nigeria and Malaysia (Federal, State or any of their agencies)whether the consent of the Attorney General of the Federation or State is a sine-qua non to the filling of Garnishee proceeding. This paper argues that it is no longer the requirement of the law in Nigeria for the Attorney General’s consent to be sought and obtained before the execution is carried out. On the other hand, in the case of Malaysia, garnishee proceeding is not allowed against government account. This paper argued that there is need to revisit the law and make garnishee proceedings maintainable against government’s account so that a plaintiff would not be left at the mercy of the executive to claim a judgment sum. This paper concludes that there should be an avenue to challenge or recover indebtedness against the government.
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    ICT Omnipresence and the Rights to Privacy
    (Faculty of Law, University Kebangsaan Malaysia, 2023) Abdulkadir, Abdulrazaq Owolabi; Abdulkadir, Bolaji Abdulkadir
    The development of technology and online communication has also led to the appearance of what seem to be certain new types of criminal activity. Cyber security faced difficulties as a result of the rise in criminal behavior and the potential for the creation of new types of criminal activity online. This study evaluates the value of cyber security in an effort to stop cybercrimes based on this assumption. The research methodology used in this work is triangulation, which entails using many approaches to corroborate findings. The goal of this essay is to strike a balance between the requirement for cybersecurity and cybercrimes prevention and the right to privacy.
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    MARITIME INTERCEPTION AND OPERATION: A REVIEW OF INTERFACE BETWEEN MULTIMISSIONED MARITIME SERVICES IN NIGERIA AND MALAYSIA
    (Universiti Utara Malaysia, 2020) Abdulkadir, Abdulrazaq Owolabi
    Nigeria and Malaysia are two countries endowed with seas and the two countries have enacted legal frameworks and established agencies to address the menace of insecurity in ports and the maritime domains. Interestingly, the two countries are also members of the International Maritime Organisation (IMO). Both countries among other benefits charge fees on cargoes loaded or unloaded at ports and this significantly serves as a source of income, which no doubt enhances economic development. In this paper, it was observed that economic gains from the ports and maritime domain are not without their attendant risks inhibiting the fortunes derived from the seas despite legal and administrative machineries to surmount the challenges. This article considers some areas of interface, benefits and shortcomings in the legal and administrative agencies of maritime security in Nigeria and Malaysia. This article concludes by demonstrating that the legal framework in Nigeria and Malaysia on port and maritime security are virtually the same with little differences but there are a lot to be learnt from the implementation strategies of the Malaysian port and maritime security agencies especially in the areas operational strategies and provisions of basic amenities like stable electricity which is one of the panaceas to tame stowaway passengers among other insecurity in the port and maritime domain.
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    Multi-modal Carriage of Goods the Liability of Actual Carriers vis-a-vis the Chain of Transportation
    (Faculty of Law, Usman Danfodiyo University, Sokoto, 2020) Abdulkadir, Abdulrazaq Owolabi
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    NUMERICAL VS. PHYSIQUE OF A CHILD: A SEARCH FOR CONCURRENCE AGE OF MARRIAGE BETWEEN THE SHARIAH AND NIGERIAN LAW
    (University of Malaya., 2020) Abdulkadir, Abdulrazaq Owolabi; Abdulraheem, Taofeeq Abolaji
    Child marriage has generated a lot of argument among scholars and this no doubt culminated in promulgation of law on child right. One of the aims of this law is to prevent child marriage. Others include prevention of sexual abuse and other violent acts. There are divergences in the laws of various states as to marriageable age. The commutative effect of these various laws is that Nigeria as a country has taken a holistic approach to reduce child marriage but the issue is still persistence and it affects the health of children and their live beings. This paper therefore examines the concept of child, the determinant factor for marriageable age of a child; whether the number or physical appearance and co-relation between child marriage and mortality. In doing this, the paper adopts doctrinal method which involves analysis of primary and secondary data. The paper argues that although child marriage has negative effect on the children, the determination of the word child is different under Shari’ah, because marriageable age is not based on numerical age alone, the physique of a child is also important feature.
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    Oil Discharge by Ships as a Form of Securty Threat in Malaysian Ports
    (Faculty of Law, International Islamic University Malaysia., 2014) Abdulkadir, Abdulrazaq Owolabi; Abdul Kader, Sharifah Zubaidah Syed
    The United Nations Convention on the Law of the Sea (UNCLOS) 1982, and some other conventions contain provisions concerning protection of marine environment that enjoy the support of many other regional, national and global institutions. vessel-sourced pollution is one of the major sources of marine pollution that encompasses accidental as well as intentional discharge of oil and chemical dumping.
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    Single Window Platform in the Nigerian Maritime Sector: Between Easiness and Contention Among Government's Agencies
    (Faculty of Law, Islamic University in Uganda, Mbale, Uganda, 2022) Abdulkadir, Abdulrazaq Owolabi
    The idea of Single Window Platform is a paperless clearing system introduced to facilitate the trade business in the maritime sector in order to aid easy cross-border trade. Under the system, importers and exporters are required to provide detailed and timely information about their shipment in advance on a global online platform. This research investigates whether the Single Window Platform improves operations, thereby facilitating the movement of legitimate trade the world over through the sea. This paper also considers the onerous goal that the Single Window Platform sets to achieve and whether these goals are achievable where competition and lack of cooperation exist among agencies involved in the implementation of the policy. However, investigation has revealed that major shipping lines have started investing in the West African coast and will transform the ports into the most preferred hub for maritime investment in Africa. The paper concludes that fast commencement of review processes well in advance in line with international best practices will enable the maritime sector attains lofty height.
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    Sovereignty and Sovereign Right of a Port State: Prognoses of the Existing Customary Law and Epitome of Nigeria Experience
    (Grosvenor, United Kingdom, 2020) Abdulkadir, Abdulrazaq Owolabi; Abdul Kader, Sharifah Zubaidah Syed
    The paper examines some existing conventions that regulate right of foreign ships to navigate to port states and that the 1923 Convention points to a principle of free access to ports of member states’ maritime ports and guarantees long-standing relationships among the members. It argues that treaties are not a new phenomenon and a number of attempts have been made to guarantee access of foreign flagged vessels to ports through various bilateral agreements. It is observed that some national provisions like NPA Act which requires a ship to supply information before departure to the country have not adequately followed. The paper concludes that the 1923 Convention has a limited number of signatories and in all likelihood is not representing the position of the existing customary law.
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    SYMPHONY AND MAINTENANCE OF SEIZED SHIPS: EXPERIMENTING U.S MARITIME PRACTICE IN NIGERIA
    (Faculty of Law, University Lampung, Indonesia, 2023) Abdulkadir, Abdulrazaq Owolabi
    The maintenance and management of a seized ship is an important aspect of the Maritime Industry globally. In countries like the United States, there have been measures put in place to ensure that when ships are seized in lieu of a maritime proceeding, such ships are adequately managed and maintained for that period of time. In contrast, when a ship is seized in Nigeria, there is little to no guarantee that the vessel will be maintained efficiently by the body responsible for its management. It is therefore essential to investigate the reason for such lack of guarantee and how it can be solved in order to improve the state of affairs in the country’s maritime sector. This research adopted a doctrinal method of research through analysis of statutory provisions as well as cases with a view to use power of reasoning to collect data from the use of Law textbooks, articles in journals, and various online resources. The aim of this paper is to is to discuss the instances where states can seize ships, procedure of arrest in Nigeria, forfeiture of ship and make a comparison to the procedure adopted in the Maritime Sector of the U.S, the challenges faced by Nigerian Maritime Sector and recommendations on how ships can be better maintained through the establishment of Maritime or Admiralty Court and the posting of bond by the owner of a seized ship for its release pending the determination of the maritime proceedings in court as practice in the US.