Browsing by Author "Barakat Adebisi Raji"

Now showing 1 - 7 of 7
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    A revisit of the use arbitration in the resolution of construction dispute in Nigeria. Readings in Law and Contemporary Issues.
    (Faculty of Law, Rivers State University., 2018-03) Barakat Adebisi Raji; Aladokiye, Gabriel-Whyte
    Arbitration is ranked as one of the best alternative instruments for resolution of construction dispute globally. Arbitration Act is well couched and specially designed to cater for all the technicalities involve in the resolution of construction disputes. However, the cost and time frame within which arbitral award is granted to parties to construction dispute seem to make the process ineffectual thereby defeating its goal. Many times contract sum is lost to arbitration for resolution of construction disputes thereby defeating the purpose of award of construction projects. There is a need for upward review of the arbitration Act for effective resolution as well making the process more attractive to the foreign investors into construction business in Nigeria. The objective of this paper is to evaluate the impact of arbitration process used for resolution of construction disputes in Nigeria with a view to draw lessons from both UK and Malaysia. Utilising content analysis of cases of arbitration in construction disputes obtained from law reports. The finding of this paper shows that arbitration has more advantage over litigation of construction dispute resolution. The paper suggests among others the need to revisit the cost of arbitration and the timeframe within which construction disputes are heard and determined so that foreign investors as well as local contractors could have a better chance when venturing into construction business in Nigeria.
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    EXAMINING LIABILITY IN NEGLIGENCE FOR BUILDING DEFECTS: A COMPARATIVE LEGAL ANALYSIS OF NIGERIA AND SOUTH AFRICA
    (College of Law, Al-Hikmah University, Ilorin, Nigeria., 2024) Barakat Adebisi Raji; ADENIYI, A. I.; IMAM A. A; ABDULAZIZ, R.
    Although structural defects are a common phenomenon across the world, the spate of building collapses and construction hazards in Nigeria is increasingly becoming alarming. At the height of building defects is the occurrence of collapsed buildings, which has become an issue of national concern, in the light of its attendant consequence of devastating loss of lives and properties. It is commonplace for the employer to require the contractor to warrant that the works upon completion are free from defects and to repair the defects in the event of such occurrence. A contractor’s failure to properly perform his obligations in a construction contract or negligence in performing his obligation constitutes a breach, and as thus, he is liable to the employer who may have suffered due to the wrongful or negligent act that has caused a building defect(s). Silhouetted against this backdrop, this paper seeks to examine the liability in negligence for building defects in Nigeria. This paper employs a doctrinal methodology of legal research in which relevant primary and secondary sources of legal materials are subjected to descriptive and content analysis. Importantly, this paper draws a comparative sketch of the legal regime on building defects in Nigeria and South Africa. This paper advocates the rejigging of the legal regime on construction and building activities so that it is more pronounced to address the recurrent issues of liability in building defects. This paper concludes with some recommendations for ameliorating the incidence of building defects in Nigeria.
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    Examining the legal framework for the protection of children against violence in Nigeria.
    (2023) Jade Muhammed; Barakat Adebisi Raji; Adedoyin Akinsulore
    The United Nation Convention on the Rights of the child was adopted ove three decades ago. Nigeria ratified the convention in 1991 and passed the child rights Act in 2003 in line with the convention. Provisions of the protection of the child are also contained in other statutes. Yet, violence against children increased to 5% between 2016 and 2021, while many children aged 1-14 suffered violence from their caregivers. This paper engages the pervasive issue of violence against the children and the Law in Nigeria. It identifies common forms of violence against children and the effectiveness or otherwise of the relevant extant national legislation and international legal regime. The paper reviews the existing legislation and the challenges of enforcing the law in Nigeria. It concludes that while there are myriads of laws targeted at curbing violence against children at the municipal level, a blend with international legal jurisprudence of the right of child will strenghten the protection of children against violence in Nigeria.
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    Mediation and institutional resilience of Unilorin at 50.
    (University of Ilorin, 2025) Barakat Adebisi Raji; Toheeb Abdussamad
    As the University of Ilorin celebrates its 50th anniversary, this paper reflects on the role of mediation in sustaining its reputation for stability, harmony, and resilience. In a national context where universities are often marked by prolonged industrial disputes and institutional crises, Unilorin stands out for its relative continuity and academic progress. This study explores how the principles and practices of mediation whether formally institutionalized or informally applied have contributed to this resilience. By examining key episodes of student-staff engagement, union management relations, and administrative transitions, the paper highlights moments where dialogue, negotiation, and collaborative problem-solving shaped outcomes. While Unilorin may not always label these processes as “mediation,” the spirit of interest-based resolution and inclusive communication has underpinned its governance ethos. The paper argues for the future institutionalization of mediation frameworks within the university’s policies, including the training of mediators, establishment of a mediation center, and the integration of restorative justice practices. As Unilorin looks ahead, its mediation-informed approach to managing internal challenges offers a model for other institutions navigating complexity and change. Mediation is thus not merely a conflict resolution tool but a foundation for institutional longevity and academic excellence.
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    Statutory adjudication; A panacea to payment problems in construction industry in Nigeria.
    (Department of international Law and Jurisprudence, Faculty of Law, Ebonyi state University, Abakaliki., 2012) Barakat Adebisi Raji
    This paper eamines the reality of payment problem bedeviling stakeholders in the construction industry and the enormity of the threat that it poses in the delivery of projects in gerneral and the economic development in particular in Nigeria. It -rays the causes of these problems and possible solutions as well as the attempts that have been made to tackle the menace through the instrumentality of law both in other countries and in Nigeria. Consequently, this paper identifies among othersthe report of the project Audit Commissionset up in year 2013 to investigate cases of abandoned federal government projects. The report revealed that over 12, 000 projects awarded by the federal government of Nigeria had been abandoned across the country while those of the states were even worse especially with the present economic recession. the deleterious effects of this phenomenon such as loss of lives, unemployment among others are catalogued. Hence, the paper suggests a number of ways through which these challenges can be tackled including the adoption of statutory adjudication Act, which has assisted the construction industry in other commonwealth countries. Finally, the paper makes certain recommendations for tackling these problems in Nigeria such as the need to revisit the legal framework for construction dispute resolution and modification of the existing laws guiding the resolution of construction disputes in Nigeria to accommodate statutory adjudication.
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    THE ROLE OF ISLAMIC SCHOLARSHIP IN PROMOTING ALTERNATIVE DISPUTE RESOLUTION (ADR): CASE STUDIES AND INSIGHTS
    (The Consortium of Universities in Kwara State (KU8+)., 2025) Barakat Adebisi Raji; Abdulraheem, M. A. O.
    This paper examines the integration of Islamic principles with Alternative Dispute Resolution (ADR) methods in Muslim-majority societies. It explores the concept of "maslaha" in Islamic law, allowing for pragmatic solutions while upholding justice and fairness. Through qualitative analysis and case studies, it highlights the active role of Islamic scholars in promoting ADR mechanisms, fostering collaboration between religious authorities, legal professionals, and community leaders. Successful initiatives, such as mediation centers in Jordan, Indonesia, and Malaysia, underscore the importance of culturally sensitive ADR mechanisms in addressing social and legal contexts. These initiatives contribute to community cohesion, social justice, and interpersonal relationships, promoting social harmony within Muslim communities. The paper concludes with recommendations for policymakers, legal practitioners, and scholars to support Islamic ADR mechanisms through capacity building, public awareness, legal reform, and technological innovation. It advocates for the recognition and integration of Islamic ADR mechanisms within the formal legal system to enhance effectiveness and accessibility. Keywords: Islamic scholars, Alternative Dispute Resolution, justice, fairness, collaboration
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    Violence against the Girl Child and Women: A Comparative Perspective between Islam and Nigeria custom.
    (Public Law Department, University of Jos, Nigeria., 2017-03) Barakat Adebisi Raji; Mariam Ujah
    This paper examines the violation of the rights of a girl child and that of women in Islam vis-a-vis what is obtainable in the Nigerian custom. The paper provides a brief and authentic exposition of how custom views women and the girl-child before the advent of Islam. One major objective of this paper is to provide a fair evaluation of what Islam contributed towards the restoration of women’s dignity rights before the birth of the Human Rights Instrument which have been adopted under the United Nations auspices for the protection of vulnerable groups, and women form part of the vulnerable groups and therefore need to be protected. The paper finds that majority of the provisions set down for protection of these categories of people have not been fully explored as a result of societal and cultural influence on them. The paper suggests that these provisions should be considered so as to whittle down the high rate of domestic violence in our society and disabuse the minds of people from causing grievous harm on girl-child and women. The paper recommends that appropriate punishment should be meted out on person who violate the right to person of a girl-child and women.