Browsing by Author "Adebayo, Mahmud Kayode"

Now showing 1 - 20 of 28
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    Analysis of the Offence of Non-Sexual Assault (Nigeria, Ghana, Kenya and Uganda) as a case study
    (Faculty of Law, University of Gambia, Banjul-Republic of the Gambia, 2019) Adebayo, Mahmud Kayode; Olokooba, Saka Muhammed; Alili, Ngozi
    The paper examines the offence of non-Sexual Assault. using doctrinal approach whereby case law, statutes, and the authoritative views of legal writers were assembled and analyzed. The paper diagnosed non-sexual assault as a common law crime as well as statutory offence. Amongst the jurisdiction examined, the final analysis, the paper posited that where the offence is codified the opportunity was used by parliament to enlarge the scope by creating some assault related offences in a bid to avoid multiplicity of statutory enactments on the same subject. The concept of non sexual assault was examined in in all the jurisdiction mentioned on a comparative basis and recommendations offered.
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    Appraising the Cross Currents of Laws, Religion and Culture on Same Sex Marriage Issue in Nigeria
    (Hungarian Academy of Sciences, Akademiai Kiado Budapest, 2014) Adebayo, Mahmud Kayode; Olokooba, Saka Muhammed
    since there is no well articulated legal protection against same sex marriage discrimination in Nigeria, lesbian, gay, bisexual, and transgender persons are facing unique legal and socio-religious challenges. Most Nigerians due to their religious belief opined that homosexuality is a way of life that the society should not accept. This position has been widely criticized . this paper therefore examines same sex marriages from human rights point of view. The paper elucidate the imperative of universality of human rights, based on the principle of justice and equity against the socio-religious sentiments that was used to carry support for anti-same sex marriage campaigns in Nigeria.
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    Appraising the Global Rights Issues: A Focus on Protection of Dignity and Rights in Nigeria
    (Institute of Development Assistance Management. IDAM, University of Forte Hare, Bisho Campus, Eastern cape, South Africa, 2017) Adebayo, Mahmud Kayode; Olatoke, Olukayode J; Josphine, Agbonika A
    The turmoil and atrocities of the first and second world war resulting in genocide and holocaust executed by Hitler Nazi government against the Jewish race throughout Europe, as well as wanton destruction of cities, prosecutions, discrimination, lack of basic liberties, ethnic cleansing among others, were caused by disregard and contempt for human rights. People and cities were massacred in numbers by the warring camps. This outrage the conscience of mankind and brought about need for protection of fundamental rights of human beings in the form of covenants, protocols and declaration. one of such was the universal declaration of human rights by members of the United Nations. The declaration not being a legal document was only binding morally on the conscience of members. Any state wishing to give it legal force had a duty to adopt it through country's legislative powers. it is important to note that the declaration covers a wide gamut of human rights. The starting point was to recognized equality of mankind even though this was totally at variance with Hitler's view of superiority of German Race. In this paper protection of human human rights to dignity is the focus and it would highlight the various forms of violations of the human right to dignity. In this regard, violations resulting in humiliations, instrumentation, degradation, dehumanization, trafficking prostitution, traditional widowhood practices among others will be considered. Specific attention is given to violations against women and children born and unborn as well as rights in armed conflicts because of their vulnerability. The paper concludes by looking at the impact of insurgencies in Nigeria in the face of all the laws protecting human rights.
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    Creation of State Police: A Matter of True Federalism in Nigeria
    (Department of Jurisprudence and International Law, Faculty of Law, Police Academy Kano, 2015) Adebayo, Mahmud Kayode; Olokooba, Saka
    The inability of the police to curtail the rising wave of crimes nationwide leave more than desire. The police command often cries out that poor motivation, equipment and logistic have made its anti-crime war ineffective. besides, it appears that till date, the police is equipped with obsolete weapons, are being out-gunned and outnumbered by armed robbers, insurgents, kidnappers, terrorists and rebels. To check this there is rising call for state police. The absence of state police in a federal system like Nigeria is said to be incompatible with the true spirit of federalism, hence the issue of state police as one of the major issues at on-going National Conference in Abuja. This paper therefore examines the contending issues, viability or otherwise of state police. In doing this, the paper examines the historical background, organization structure, legal framework, for and against state police creation in Nigeria. The paper posit that even though the creation of state police may guarantee true federalism, such action should be taken upon the zenith level of cautionary measure in order to guard against conflict of authority and the misused of the state police by the state government
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    A Critique of the Legal Framework for the Protection of Nigerian Child
    (Faculty of Law, University of Maiduguri, Borno State, 2013) Adebayo, Mahmud Kayode; Aligba, Aondofa; Olokooba, Saka
    This paper provided an insight into how the different laws in Nigeria have tried to protect the Nigerian Child who engages and belongs to the vulnerable group in the society. In this paper the ckey concept that constitute the topic are highlighted in the significance and relevance of children in the development process of every nation including Nigeria, and an examination of various laws enacted by the federal government directed at their protection. The paper identified the social legal defects that have continued to militate against the effective protection of the child and concludes with such suggestions that it deems appropriate to enhance the status of the Nigerian child, as well as guarantee their happiness and well-being
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    Determination of HIV Status as a Pre-requisite for Contracting English /Traditional Marriages: The Emerging Matrimonial Issue in Nigeria and Zambia
    (Faculty of Law, University of the Gambia, Banjul-Republic of the Gambia, 2019) Adebayo, Mahmud Kayode; Olokooba, Saka Muhammed; Alili, Ngozi
    The paper examines the emerging concept of matrimonial issue of determination of HIV status before contracting marriages in both Nigeria and Gambia. Using the doctrinal method, the paper analysis the legality of this requirement for HIV screening as a pre-marital determinant. The effect and variations in the socio-cultural diversity in the two countries were also examined. Similarly, the effect of screening on English /traditional marriages and contemporary challenges facing the validity of this requirement were diagnosed. The draw conclusion by offering meaningful and reasonable suggestions for the future practice.
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    Employment Disputes and Industrial Relations: The Role of Alternative Dispute Resolution
    (Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin, 2019-03-20) Adebayo, Mahmud Kayode
    Disputes are stubborn fact of organizational life. Although disputes are familiar part of our experience in organizations, their value and centrality to organizational theory and functioning has waxed and waned as a result of changing winds of managerial ideology and theory. Rather than stress the inevitability and desirability of disputes, emphasis is on the harmony and cooperation in the workplace as desired and as an evitable ends. organizational disputes are not always confrontations that achieved high visibility and publicity, such as strikes, walkouts, or firing, but usually bracketed into events and sequences where parties formally negotiate in resolution of their multiple faces of disputes in the organization. The dramatic growth in the use of alternative dispute resolution over the years in solving industrial disputes is quite a revolution, though there were in use too other techniques like mediation, reconciliation, and arbitration, but were largely confined to unionized segment of the workforce. The landscape of employment dispute resolution has been transformed by the development of alternative dispute resolution. This paper is a review of comprehensive survey of the growing role of alternative dispute resolution in employment disputes and industrial relation. It examines the use of alternative dispute resolution as a means of settling disputes in individual workplace, the methods of conciliation, mediation, and arbitration, the trends in alternative dispute resolution, and concludes with an advocacy of alternative dispute resolution as a more positive, speedy and cost effective alternative to court proceedings.
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    Evolving a Jurisprudence of Crime Control: A Panacea of Solving Crime Problem in Nigeria
    (Department of Private and Public Law, Faculty of Law, Benue State University, Makurdi, 2013) Adebayo, Mahmud Kayode; Da'ud, Kamal Alhaji
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    An Examination of the Legal Framework for the Rights of Women with Disability in Nigeria
    (Department of Public Law, Kogi State University, Anyigba, 2010) Adebayo, Mahmud Kayode; Abubakar, Bunu Mohammed
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    Examination of Transfer of Prisoner Treaty/Agreement: A Benchmark in the Reform of the Criminal Justice System
    (College of Humanities and Social Sciences, Kampala International University, Uganda, 2017) Adebayo, Mahmud Kayode
    The Consensus of opinion in law is that a state does not have to surrender an alleged criminal to a state, because of one principle that a state a legal entity within it's borders. such absence and obligation and the desire that such criminal from other state have caused a web of extradition agreement to evolve. when no extradition agreement is in place, a state may still request the expulsion of an individual pursuant to the state's domestic law. This can also be demanded through the immigration laws of the state. The paper elucidate on the right of transfer of prisoner with an advocacy of how extradition of prisoner can help the administration of the criminal particularly in the area of human rights of instance prisoner under long period of awaiting trial and the overall welfare of prisoners during the period of incarceration.
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    Fundamental Objectives and Directive Principles of State Policy in Constitutions: The Nigeria and India Experience
    (Faculty of Law, Islamic University in Uganda, 2007) Adebayo, Mahmud Kayode; Da'ud, Kamla Alhaji; Bazza, Issa Hadiza
    The concept of fundamental objectives and directive principles of state policy as proclaimed in constitutions deals with a range of subjects ranging from freedom, equality, justice, participatory democracy, to social justice as the ideas upon which the nation is founded and declares by way of amplification that the welfare of the citizens shall be the primary purpose of government. it is important and worthy of note that the ideas and values to be enshrined in the constitution should be truly fundamental ones, widely shared in the community and not sectional objectives of a group or the particulasr social and economic policies of a ruling party. By enshrining the concept of fundamental objectives and directives principles of state policy in constitutions, the direction in which the state is to go in its economic life is thus made clear for all to see and uncertainty and controversy are removed. These ideas and objectives are not immutable, the fact that they are included in the constitution, they are relevant in value, time and place, hence the focus of this paper for the justifiably and enforceability of these rights.
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    Fundamental Rights of Persons Living with HIV AIDS PLWHA in Nigeria
    (Faculty of Law, Usman Danfodiyo University, Sokoto, 2012) Adebayo, Mahmud Kayode
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    Fundamental Rights of Persons Living with HIV AIDS PLWHA in Nigeria
    (Faculty of Law, Usman Danfodiyo University, Sokoto, 2012) Adebayo, Mahmud Kayode
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    Gender Equality and Access to Education: A Review of factors Inhibiting Girl child Education in Northern Nigeria
    (Legal Network Series, Malaysia, 2018) Adebayo, Mahmud Kayode
    The United nations International Convention and the Child Right Act recognizes that education is a basic human rights that every child must enjoy. In traditional societies, there exist the general belief that women are second class citizens. A woman is considered as a man's property and pleasure object, a baby machine factory. This situation has resulted in unfair treatment of women especially with regards to education and has become a matter of concern to stakeholders in Nigeria. This paper examines the concept of and crucial issues on girl child education. The paper identifies socio-economic, cultural pattern, religious misconception, poverty, teenage pregnancy and earry child marriage among others ,as factors militating against girl child education in Northern Nigeria.. The paper using human rights approach, advocates for specific roles and eradication of all discrimination against women and girl child. It outlines promoting education, gender equality marriageable age and empowerment as a way to effectively correct these institutional malpractices. The paper concludes by recommending as a matter of urgency government intervention through specific agencies in redressing these imbalances.
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    In Defense of Boko Haram Insurgency and the Constitutionality or Otherwise of the Declaration of State of Emergency by President Goodluck Jonathan in Some Selected Local Government Areas of Some States in Northern Nigeria
    (Faculty of Law, Rivers State University of Science and Technology, Port Harcourt, 2013) Adebayo, Mahmud Kayode; Da'ud, Kamla Alhaji; Tagi, Sule Mohammed
    There is no doubt denying the fact that if the Boko Haram Insurgence is not resolved in the earliest possible time it could lead to the destabilization of the country. As it is now the harmonious co-existence of the nation's diverse people in different parts of the country is coming under serious threats with the Southerners leaving the North for fear of attacks by religious sect that has warned them to relocate or face attacks. what began as a low level campaign of targeted killings and use of impoverished explosives devices mostly in Borno State capital and evirons, has snowballed into a major security challenge that has spread to many parts of the Northern state including the Abuja FCT. The cost so far is nearly inestimable, hundreds of lives have been lost in the sect's campaign of targeted assassination, attacks on security personnel, detonation of explosives along roadside, attacks on banks and so on. if this atmosphere of distrust and suspicion is allowed to go on among, it could provoke a major crisis that may lead to the break up of the country. the insurgence so far has defile known solution. The measures adopted by the government so far is worsening the situation. The only option now is to declare a state of emergency in the affected areas; hence the focus of this paper in elucidating the circumstances that led to this proclamation, the constitutional issues involved, the activities of the sect, their modus operandi, the mission statement and the possible way out of this quagmire
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    Legalizing Abortion, Human Rights and Socio-economic Factor: A Matter of Good Public Health Policy
    (Center for Peace, Diplomatic and Development Studies, University of Maiduguri, 2010) Adebayo, Mahmud Kayode
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    Legalizing Abortion, Human Rights and Socio-economic Factor: A Matter of Good Public Health Policy
    (Center for Peace, Diplomatic and Development Studies, University of Maiduguri, 2010) Adebayo, Mahmud Kayode; Bazza, Issa Hadiza
    The privacy of citizens, their homes, correspondences, telephone conversations, and communication is guaranteed and protected under the constitution. Though this rights are guaranteed, they are subject to the limitation of the any law that is reasonably justified in a democratic society. This implies a kind of limitation on the scope of the enjoyment of this rights in order to protect public health, safety or in the interest of peace or scurity. Giving the high rate of maternal mortalityin Nigeria resulting from unsafe abortion, there is hih urgent need to have a rethink of the restircive penal abortion laws in Nigeria., except to the staututoty exception provided to safe the mothers life on health grounds. However, the resort to illegal service usually rendered by the quacks which often results in medical complication and death, the theme of the paper thereby advocate for a broader interpretation of the right to privacy to encompass a woman's decision to terminate her pregnancy fee from unwarranted governmental intrusion in matters fundamentally affecting her person. Recommendation wre offered in line with contemporary human rights and reproductive and sexual health.
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    Legalizing Abortion, Human rights and Socio-Economic Factors: A matter of Good health and Policy
    (Faculty of Law, Nasarawa State University, Keffi, 2012) Adebayo, Mahmud Kayode
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    The Memorandum of Understanding on Double Taxation between Nigeria and Kenya: An Appraisal
    (African Nazarene University, Kenya, 2015) Adebayo, Mahmud Kayode; Olokooba, Saka
    it is the practice in most states for income tax to be imposed both on world wide income derived by residents of the country and on income derived by non-residents generated within the country. The effect of such a system is that income derived by residents of one state from a source in another country is subject to tax in both states. This position clearly discourage foreign investment, hence the conclusion of double taxation treaties between states. The focus of this paper is, therefore on appraisal of the memorandum of understanding on double taxation recently concluded between Nigeria and kenya. the paper argues that that the memorandum of understanding if effectively implemented , will boost trade and economic development through increased generation of revenue from taxation. The paper further elucidates the jurisprudential basis of double taxation treaties by states and proceeds to undertake a critical analysis of the Memorandum of understanding between countries.
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    A Panoramic View of Nigerian Police Force and Crime Prevention Methodology
    (Faculty of Law, Kogi State University, Anyigna, 2010) Adebayo, Mahmud Kayode; Abubakar, Bunu
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