Browsing by Author "Oladele, Olumuyiwa Ayotunde"

Now showing 1 - 6 of 6
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    Alternative Dispute Resolution (ADR): A Useful Mechanism in The Settlement of Environmental Disputes in Nigeria
    (Department of Jurisprudence and International Law Journal University of Ilorin, 2019) Oladele, Olumuyiwa Ayotunde
    Alternative dispute resolution has widely been accepted as one of the ways to conflict resolution. Ordinarily, disputes whether environmental or otherwise are resolved through court processes, but due to delays, costs, publicity and technicality associated with litigation, alternative dispute resolution (ADR) mechanisms evolved. This paper presents a detailed review of Alternative dispute resolution as a non-judicial mechanism for the settlement of environmental disputes. It further posits that Alternative dispute resolution is a more effective mechanism, that is why it adopts a descriptive and pragmatic approach that as damaging conflict can be it carries the possibility of producing creative cooperation in a win–win solution. It further examines the various principle of ADR’s, based on interests and needs of the parties, the use of proper communication, and maintenance of a working relationship as an essential component for reaching a durable agreement. The writer outlines a range of strategies and approaches to ADR’s, and the ethical problems that may arise in the course of its application. The paper concludes and recommends that environmental ADR is beneficial and should be adopted as it provides a structured dispute settlement system that secures the citizens’ rights and mutual benefits even without going through traditional legal proceedings
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    AN APPRAISAL OF THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA UNDER PRIVATE INTERNATIONAL LAW
    (Faculty of law, Ebonyi state University Journal, 2018) Oladele, Olumuyiwa Ayotunde; Olawale, Dada
    In the course of the relationship between individuals, conflicts are bound to arise which might eventually be resolved by the courts. Therefore, where a judgement is awarded to either of the parties in conflicts situations it is pertinent to have rules that will guide the recognition and enforcement of the judgment in another country. These paper appraises the recognition and enforcement of foreign judgment in Nigeria, looking at the attitude of the courts towards recognising and enforcing foreign judgment and its legal framework. Adopting a doctrinal approach using content analysis method and historical documentation the contribution shows how much effect foreign judgment has on the Nigerian courts in view of how they are recognised and enforced. The paper concludes that the courts should be proactive in breaking new grounds and developing the jurisprudence on enforcement of foreign judgment in Nigeria. It recommends that a midst existing conflicts, the judges are urged to turn judicial activism to take care of the lacunas pending the legislative intervention in order to minimize the negatives of conflict of laws.
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    THE CHALLENGES FACING THE ENFORCEMENT OF THE DECISIONS OF THE ECOWAS COURT: AN ANALYSIS AND APPRAISAL OF THE CASE OF SAMBO MOHAMMED DASUKI v. FEDERAL REPUBLIC OF NIGERIA
    (College of Law, Novena University, 2018) Oladele, Olumuyiwa Ayotunde; Hassan, Farouk Opeyemi
    A pivotal process in the judicial system of supranational judicial bodies is that of imple-mentation and enforcement of their decisions. Although, the substantive provisions of international instruments are somewhat very compromising and largely far-reaching, very little has been done in terms of solid realization of the import of the provisions of the international statutes. The ECOWAS court known as the ‘community court of jus-tice’ faces the challenge of implementation of its own decisions on matters brought be-fore it because it lacks the proper enforcement mechanisms. This paper aims to examine the challenges faced by this court in the enforcement of its decisions by appraising a se-lected judgement of the court, and examining the jurisdiction of the court. It argues that the decisions of the court are final and enforceable on any member state having ex-pressly ceded part of its sovereign power. Adopting a content analysis approach, the paper shows the problems therein. It concluded that the Authority of Heads of State and Government of the ECOWAS should invoke sanctions as a means of compelling the state parties to comply with the decisions of the court thereby saving the institution and most especially the Court from the danger of being rendered a toothless bulldog.
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    The Health Status of Senior Citizens vis-a-vis the National Health Insurance Scheme in Nigeria
    (Faculty of Law, Nnamdi Azikwe University, 2019) Oladele, Olumuyiwa Ayotunde; Raji, Barakat; Akolowu, GO; Al Tanimu
    The need to increase comprehensive health services to senior citizens in Nigeria after serving their fatherland cannot be over-emphasized; and the recent efforts of the government to encourage this through the National Health Insurance Scheme (hereafter referred to as (NHIS) is highly commendable. The objective of the paper is to examine the National Health Insurance Scheme (NHIS) vis-a-vis the health status of these senior citizens to see how they can benefit from the scheme after their service years. A doctrinal approach is adopted in this paper which relies on references from primary and secondary sources relevant to this work. The paper finds the need to review the NHIS to enable the senior citizens benefit from the scheme for sustainability of their health as provided in similar programmes for their counterparts in some other countries. It is concluded that the extension of this NHIS specifically to senior citizens will go a long way in the management of their health by their dependants as well as paving way for remarkable changes in the efforts to protect and safeguard their health. The paper recommends a review of this scheme to accommodate the management of the health services of the senior citizens in Nigeria as well as subsidizing same in tandem with practices in some other climes.
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    The Nigeria Court of Appeal and Criminal Litigation
    (Faculty of Law. Al Hikmah University, Ilorin, 2019) Oladele, Olumuyiwa Ayotunde
    Criminal litigation is the process via which a state brings to justice persons who have violated laid down rules and procedures within its territory. Primarily, crime is committed against a State even when individuals are direct victims. To be able to provide a means of checks and balances and ensure that no errors occur in the attempt to mete out justice to any offender; an individual is assumed to be innocent until when proved guilty. Nigeria judicial system put in place several courts with criminal justice system, while some are creation of the Constitution some are not. The Court of Appeal being a creation of the Constitution is a superior court in Nigeria and exercises both appellate and original jurisdiction in criminal matters in Nigeria. This paper therefore, x-rays the creation of the Court of Appeal; its composition and jurisdiction. This is done with a view of examining the role the Court of Appeal has played in the administration of criminal justice in Nigeria.
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    The Nigerian Judiciary: Pertinent Need for Reforms and the Agitation for Its Independence
    (Wildy, Simmonds & Hill, 2017) Olatoke, Olukayode Joshua; Oladele, Olumuyiwa Ayotunde
    The Nigerian Judiciary is one of the most popular judiciaries in Africa and that it has assisted in the sustenance of democracy in the Nigerian polity would seem settled if the Nigerian democratic journey is considered. Despite this importance, the Nigerian Judiciary has however become a subject of ridicule across different spheres of life. The problems engulfing the Nigerian judiciary has no doubt called for the need for reforms which need to be done with expediency considering the fast dwindling state of same. These reforms can only however be painstakingly done if the existing order is evaluated and considered. This article thus tries to evaluate quite cursorily the Nigerian judiciary, the problems bedevilling same, the imperatives having an independent judiciary and propose reforms which if embarked upon could ensure the Nigerian judiciary regains its pride of place among the comity of judiciaries in Africa.