Browsing by Author "Adekilekun, Mubarak Tijani"
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Item An Appraisal of the Supreme Court of Nigeria Decision in Inakoju Vs Adeleke and its Impacts on Political Stability in Nigeria(Faculty of Law, University of Ilorin, Nigeria, 2010) Adekilekun, Mubarak TijaniItem Commentaries on the case of Gerhard Vs. Seedorf(Faculty of Law, University of Ilorin, Nigeria, 2015) Adekilekun, Mubarak Tijani; Olatokun, Ganiyat MobolajiItem Conceptual Framework for Climate Change and the Right to Health in Nigeria(Faculty of Law, University of Ilorin, Nigeria, 2011) Adekilekun, Mubarak Tijani; Ariyoosu, Dauda AdeyemiItem Covid-19 and African Nations: An Overview of the Legal and Infrastructural Challenges to remote Court Proceedings(Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State, 2020) Adekilekun, Mubarak TijaniPrior to the outbreak of the global health emergency caused by the Corona Virus Pandemic, the Administration of Justice in Africa was in deep trouble. Infrastructure inadequacies, dilapidated facilities, corruption, backlog of cases, lack of judicial independence, lack of judicial courage, poor budgetary allocations and lack of information technology (IT) skills have slowed down the justice delivery system. Overcoming these problems was almost becoming a mirage. Then comes the Corona Virus pandemic which practically locked down access to justice in almost all the African countries except very urgent matters. These matters remained largely undefined and left to the whims and caprice of the heads of courts. There have been efforts to design a sustainable global solution to the lack of access to justice triggered by this pandemic. Central to these efforts is the decision of some African countries to adopt the virtual or remote court proceedings method in order to dispose of their pending cases and arbitral matters. However, inconsistencies in the legal framework, dilapidated as well as inadequate infrastructure such as power, internet facilities and other necessary Information technology equipment in some courts in African are bound to hinder the legal and judicial institutions’ efforts at using remote method to conduct court’s proceedings. Therefore, provision of constant power supply, training of judiciary staff on how to deploy information technology (IT) for the use of the courts, upgrading and improving the courts’ infrastructural facilities are some of the ways to improve legal and judicial practices across Africa.Item AN Examination of the Legal and Regulatory Framework for Pubic-Private Partnerships (PPPs) Initiative in Ghana(Faculty of Law, University of Ilorin, 2015-01-20) Adekilekun, Mubarak Tijani; Gan, Ching ChuanPublic-Private Partnerships (PPPs) through which private companies collaborate with the public sector to develop and manage complex infrastructure programmes and services, are increasingly being used throughout the world as a solution to address serious infrastructure deficit. In most developing countries such as Ghana, investment in public infrastructure has not matched the increasing need of the population. As a result, underinvestment in critical infrastructure such as road transportation, electricity, housing, water and sanitation among others has posed a serious challenge to the government in its quest for development. The World Bank has estimated that for Ghana to fill its infrastructure gaps, the country needs over US$1.5 billion annually for the next ten years in various sectors of the economy. The investment required exceeds government total revenues available in the short term. Ghana has therefore recently adopted the PPP initiative to develop and maintain ageing infrastructure. This paper examines the legal and regulatory framework for PPPs in Ghana and argues that the present legal and regulatory regime governing PPPs in Ghana are not enough to ensure a successful PPP programme.Item An Examination of the Legal and Regulatory Framework for Public-Private Partnerships in Infrastructure in Nigeria(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State, 2020) Adekilekun, Mubarak Tijani; Basiru, Surajudeen Ajibola; Ali, Yusuf OlaoluItem An Examination of the Legal and Regulatory Frameworks for Interconnectivity Agreements in the Nigerian Telecommunication Sector(Department of Public and International Law, University of Abuja, Nigeria, 2010) Adekilekun, Mubarak Tijani; Ariyoosu, Dauda AdeyemiItem Examining the Concept of Electoral Justice: Challenges and the Roles of the Judiciary(AkiNik Publishers, New Delhi, India, 2020) Olatoke, Olukayode Joshua; Ariyoosu, Dauda Adeyemi; Adekilekun, Mubarak TijaniItem The Impactof Nigeria's Federal Structure on the State's Response to Covid-19 and Experience in Ethiopia(School of Law, University of Gondor, Ethiopia, 2020) Sambo, Abdulfattah Oladapo; Adekilekun, Mubarak TijaniItem The Impacts of Coronavirus Disease (Covid-19) on Pre-Existing Contracts in Nigeria(International Centre for Law and Democracy Studies in Conjunction with the Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State., 2020-02) Adekilekun, Mubarak Tijani; Ahmed, Abdulrahman A.; Egbewole, Wahab OlasupoThe new Coronavirus disease has taken the entire world by storm, spreading like a wildfire. Consequently, various business plans and global events were cancelled, contracts were aborted and up until the moment performance of contractual obligations are being frustrated or hindered. This paper seeks to examine the measures taken by the Nigerian government in order to combat the virus. It further examines the effects of the Corona Virus pandemic on pre-existing Contracts such as contract of loans, mortgages and tax liabilities.Item Legal Aspects of China's Belt and Road Initiative: A Preliminary Assessment(Faculty of Law, South East University, Dhaka, Bangladesh, 2018-10) Gan, Ching Chuan; Cao, Fuguo; Akanbi, Muhammed Mustapha; Adekilekun, Mubarak Tijani; Ojilere, Aloy; Siau, GregoryChina’s Belt and Road Initiative (BRI) is a global and highly ambitious infrastructural, trade and investment as well as economic development initiative of epic proportions. It is spearheaded and unwritten by PRC China. It strategically and seamlessly connects China in the epicentre with her South, South-east and Central Asian, Middle-eastern, African and European countries as well as Mongolia, Eastern and the rest of Russia. The “Belt” covers a network of overland road and rail routes, oil and natural gas pipelines as well as other infrastructure projects that will span out from Xi’an in central China across Central Asia and ultimately reaching as far away as Moscow, Rotterdam, and Venice. The belt also covers planned business development corridors running far and wide-- along the major Eurasian Land Bridges, through China-Mongolia-Russia, China Central and West Asia, China-Indochina Peninsula, China-Pakistan, and Bangladesh China-India-Myanmar trade/economic corridors. The “Road”, on the other hand, is its maritime counterpart-- the 21st Century Maritime Silk Road -- a network of planned ports and other coastal infrastructure projects that dot the map from South and Southeast Asia to East Africa and the northern Mediterranean Sea. The southern maritime trade routes reach as far as the Oceanic countries in the Pacific Ocean. The BRI’s recent expansion incorporates also the Artic sea routes (Ice Silk Road or One Ring). The focus of this article is more on the salient features of BRI with emphasis on the legal aspects of thereof.Item Medical Ethics in the face of Emerging Medico-legal issues in Nigeria(Faculty of Law, Kogi State University, Anyingba, 2010) Adekilekun, Mubarak TijaniItem The Nigerian 1999 Constitution and Electoral Reforms: Quo Vadis(Department of Jurisprudence and International Law, Kogi State University, Anyingba, Kogi State, 2010) Adekilekun, Mubarak TijaniItem Oral Evidence and Certificate of Authentication in the Admissibility of Electronic Evidence in Nigeria: An Imperative(International Centre for Law and Democracy Studies in Conjunction with the Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State., 2020-09) Adekilekun, Mubarak Tijani; Sambo, Abdulfatai Oladapo; Ali, Yusuf OlaoluElectronic transactions have continued to dominate the modern-day human interactions. This is not unconnected with the tremendous growth and development of Information Technology (IT) as well as the ease at which such transactions can be carried out. Yet, the law continuously struggles to meet with the rising challenges posed by electronic information to be used as evidence. Certainty of the law in this nature of electronic evidence becomes therefore a cornerstone for the effective operation of this unavoidable human interaction. Against this backdrop, this paper examined the continuous imperatives of oral evidence and certificate of authentication in support of electronic evidence. Analysing section 84 of the Evidence Act as well as judicial decisions in some other common law countries, the paper found that admissibility of electronic evidence raises and would continue to raise practical considerations such as the appropriate threshold for admitting it as evidence. Oral evidence and certificate of authentication continues to dominate the centre stage in the admissibility of electronic evidence. The paper therefore suggested that, in line with some common law jurisdictions examined in this paper, there is the need to amend the Evidence Act to incorporate authenticity provisions for electronic documents as section 84 does not sufficiently guarantee the authenticity of such documents.Item Public-Private Partnerships and Sustainable Development in Nigeria(Grosvenor House Publishing Ltd, United Kingdom, 2012-01-10) Adekilekun, Mubarak TijaniIn most of African countries, the provisions and supply of infrastructural facilities, and the procurement of other public utilities were, until recently, absolutely under the control of the governments. However, due to corruption and wastages in the way and manner public procurements were made and executed, coupled with the lackadaisical attitudes of government officials, and most importantly, with the realisation of the skills and competencies of the private sectors in building infrastructure, governments all over the world began to divest themselves of their monopoly in the field of infrastructural supplies. This led to a resourceful and efficient partnership between the public and private sectors, and this partnership has now come to be known as the Public-Private-Partnership (PPP) . This article seeks to examine the meaning, the ambits, as well as the practical operation of the PPPs. The work has a bias for dispute resolution in PPP using the various ADR mechanisms with a particular emphasis on arbitration. Although, the focus of this article is on resolution of PPP disputes, it also briefly describes the arbitration landscape in South Africa as well as in Asia. The article concludes that since disputes are inevitable in any business transaction, and since practitioners in PPPs are usually sponsored by banks and other financial institutions, there is an urgent need to devise a faster way of dispute resolution aside from litigation so as to ensure that shareholders’ funds are not unnecessarily tied down.Item Resolution of Political Disputes through Arbitration as a Form of Alternative Dispute Resolution (ADR) Mechanism in Nigeria(AkiNik Publications, New Delhi, India, 2020) Adekilekun, Mubarak Tijani; Basiru, Surajudeen Ajibola; Ariyoosu, Dauda AdeyemiItem Towards A Sustainable Legal And Regulatory Framework for Public-Private Partnerships in Malaysia: Lessons From the South African Experience(International Islamic University, Malaysia (IIUM Law Journal), 2015-11-23) Adekilekun, Mubarak Tijani; Gan, Ching ChuanIn order to ensure a sustained cooperation with both the local and international private investors in Malaysia especially in the provision of public infrastructure, government needs to develop very strong legal and regulatory capabilities which will help in providing stable institutional environment and guarantees private investment. At the same time, there is the need for commitment on the part of government to the regulatory rules so that they are perceived as credible by investors. Where the legal regime is weak or non-existent at all, private investment decisions will be adversely affected. No doubt, South Africa has developed one of the best legal and regulatory regimes for efficient procurement systems in the world and the project pipelines have greatly increased in recent times. This paper therefore, examines the existing legal framework for Public Private Partnership procurement in Malaysia and draws lessons from the South African legal regime. The paper finally argues that for Malaysia to continue to attract and expand its investment atmosphere for the private sector there is the need for a clear and transparent legal and regulatory procurement framework which can seriously help in building confidence in the private sector and also guarantee their investment returns.