Browsing by Author "Afolabi O.S"

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    Appraising the global right issues; a focus on protection of dignity and right in Nigeria
    (Published by University of Fort Hare, Bisho Campus, Eastern Cape, South Africa, 2017) Josephine A.A.A; Adebayo M.K; Olatoke J.O; Afolabi O.S
    ​The turmoil and atrocities of the first and second world wars resulting in genocide and holocaust executed by Hitler's Nazi Germany against the Jewish people throughout Europe, as well as wanton destruction of cities, persecutions, discriminations, 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 outraged the conscience of mankind and brought about the need for protection of fundamental rights of human beings in the form of Covenants, Protocols and Declarations. One of such was 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 its country’s legislative powers. It is important to note that the Declaration covers a wide gamut of human right breaches. The starting point was to recognize equality of mankind even though this was totally at variance with Hitler's view of superiority of the German race. ​In this paper protection of human right 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 humiliation, instrumentalization, degradation, dehumanization, trafficking, prostitution, traditional widowhood practices among others will be considered. Specific attention will be given to violence 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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    HIJAB PERCEPTIONS IN SELECTED COUNTRIES: A LEGAL ANALYSIS
    (Published by the Faculty of Law, Novena University, Ogume, Delta State Nigeria, 2018) Wuraola O.T; Afolabi O.S
    ​The issue of wearing hijab by Muslim women has become notorious and politically debated in several countries in recent times. While some see it as a symbol of religious identity and modesty, others see it as a symbol of oppression and torture. However, there are controversies as to its acceptability in schools, work and other public places. Several countries have taken actions to ban the use of Muslim veils and headscarves in public through their constitutions. This has resulted to the expulsion and voluntary exit of some Muslim students from school and women from work. The ban is, however, assumed to be a violation of the rights to freedom of religion of Muslim women which has also led to the violation of the rights to education of these women. Some of the victims of the ban have sought redress in the courts of law and have had a couple of ‘controversial’ judgments. This paper will focus on the trends of banning the hijab in France, Turkey, the United States of America, Tunisia and Switzerland. The right to freedom of religion, the right to education and the constitutional validity of the prohibition of the hijab are considered alongside a couple of court decisions.
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    The applicability of customary arbitration in the resolution of sale of family property disputes in Nigeria
    (Published by Department of Private Law, University of Port-Harcourt, Rivers State, Nigeria., 2025) Oyaleke, B.; Afolabi O.S
    ​Sale of family property is a recognized method by which title in land is transferred under Nigerian law. Family property refers to property owned by a family, whether small or large. It must be noted that the principles governing the sale of family property form part of native law and custom. These principles usually differ from one community to another and constitute a question of fact that must be proved based on the circumstances of each case, unless a court has taken judicial notice of them. Disputes often arise from the sale of family property which, if not properly managed, can escalate and cause unrest within the family, especially when the disputants belong to the same family or community. This paper examines the resolution of family property disputes in Nigeria through the use of customary arbitration, with a focus on the legal status of non-natives/foreigners under customary arbitration in transactions involving the sale of family property.