UNIVERSITY OF IBADAN LAW JOURNAL

Creation of Mortgages under the Mortgage and Property Law of Lagos State

Enefiok Essien — Wed, 13 Dec 2023 00:00:00 +0000

Effective creation of mortgage is central to its eventual realization. For this reason, it is most desirable that all doubts
as to whether there was intention to create a mortgage should be eliminated. Such doubt typically hovers around a mortgage said
to have been created by the mere fact of deposit of title documents of the landed property. This is because, in the first
place, the act of deposit, without more, is of equivocal significance, as the intention to create a mortgage by such
deposit may be rebutted by oral evidence. Besides, the creation of mortgage security by mere deposit not only carries with it
great uncertainty but also opens a wide room for fraud and disputes. This paper explores the Mortgage and Property Law of
Lagos State and argues that the law has put an end to the creation of mortgage by mere deposit. The paper admits that due
to its novelty in Nigeria, the judiciary is yet to give meaning to the statutory provisions but hopes, however, that whenever the
provisions come for judiciary scrutiny the comparative judicial approach on similar statutory provisions in England would be
adopted.

Analysis of the Federal, State and Local Governments Responses to Environmental Issues and Management in Nigeria

journal manager; Sunday Fagbemi — Wed, 13 Dec 2023 00:00:00 +0000

Nigeria is blessed with immense natural resources which are spread over her various ecosystems. However, these natural
resources have continued to suffer pressures in the quest for development, uncontrolled socio-economic activities and consumption thus putting the land, air, water, forest and animals species to greater risk of abuse and deterioration. To arrest
monumental degradation and extinction of these natural resources, Nigeria governments, at each stratum of governance,
are constitutionally saddled with responsibilities to ensuring the protection and sustainability of the environment in the face of
natural resources exploration and exploitation. This paper seeks to critically analysis the responses of the three tiers of
government in Nigeria to environmental problems. The paper will in particular examine the legislative lists as relate to
environmental matters under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The objective of this
exercise is to determine the justification or otherwise of the authority given to each tiers of government to legislate on
environmental issues. The outcome from this pursuit will be used to proffer solutions to the apparent lopsidedness in the
allocation of legislative powers and functions to the three tiers of government in Nigeria on environmental issues.

Criminal Law through the Gender Lens: A Comparison of Rape Laws in England and Nigeria

journal manager; Iyabode Ogunniran — Wed, 13 Dec 2023 00:00:00 +0000

Criminal law focuses on the principle of harm to protect other members of the society. However, it is systematically
constructed often precluding the expressive nature of women. The legal process translates everyday experiences into legal
relevance basing judgment on the structured account. Gender, that is, the social construct role is visible in criminal law. This
paper analyses criminal law, typify by the offence of rape through the gender lens. Rape objectifies the body and omits
emotional complexities of women. Consequently, it leaves indelible marks on the victims. The paper considers rape laws in
England and Nigeria, both countries sharing common law similarities. In England, there have been series of laws reforms
to address the gendered effect, albeit new issues are springing up. The Nigerian criminal laws have remained unchanged for
over 50 years, exacerbating the trauma of rape victims. This paper proposes law reforms; change of assumptions in legal
reasoning and adjustment in cultural rape myths.

Inconclusive Governorship Election in Kogi State and the Sudden Death of the Leading Aspirant- Legal Implications

journal manager — Wed, 13 Dec 2023 00:00:00 +0000

The people of Kogi State went to the polls or November 21, 2015 to elect a new governor to pilot their affairs for another four
years. They cast 240,867 votes for the All Progressives Congres ticket of Prince Audu Abubakar and Honourable James Abiodun
Faleke and 199,415 votes for the people?s Democratic Party ticket of Captain Idris Wada and Architect Yomi Awoniyi. It was
a decisive and conclusive victory for the All Progressives Congress ticket. They won the highest number of votes and had
the requisite local government spread as stipulated by the 1999 Constitution of the Federal Republic of Nigeria and the
Electoral Act. Shortly afterwards, the APC candidate, Prince Abubakar Audu, died. For some inexplicable reason, INEC
declared the election inconclusive and ordered for a supplementary election in 91 voting units across the state. INEC
allowed the APC to substitute the late Audu with Alhaji Yahaya Bello who came second in the APC primaries. Bello went into
the supplementary election without a running mate since Faleke declined to play that role contending that he should rightly be
declared duly elected as the governor of the state. This paper takes a critical look at the knotty legal issues involved in this
case and concludes that the supplementary election was superfluous as Abubakar Audu had won at the first ballot.

The Definition of Minorities under International Law: An Examination

Ikponmwonsa Omoruyi, Alero Fenemigho — Wed, 13 Dec 2023 00:00:00 +0000

There are minorities in every country in the world. Ensuring the protection of these minorities is acknowledged to be essential to
the preservation of international peace and thus there are in existence different legal provisions and instruments to provide
for the rights of minority groups. Despite the major inroads into minority protection in international law, the very definition of
the term „minorities? therein has remained controversial. There is no one agreed upon definition of the term. In fact, many doubt
the usefulness or relevance of any such precise definition of the term. This paper examines the problem of the definition of
minorities under international law. It further examines the question of the relevance or otherwise of a universally accepted
definition of minorities. The paper concludes that although such definition would indeed be desirable, its relevance is quite
doubtful given the nigh impossibility of such definition ever coming to fruition.

An Appraisal of the Nigerian Terrorism (Prevention) (Amendment) Act, 2013 and the Boko Haram Insurgence in Northern Nigeria

Aondofa Aligba — Wed, 13 Dec 2023 00:00:00 +0000

This article is undertaken to address the problem of terrorist attacks in Nigeria, particularly the Boko Haram insurgence in
the Northern part of Nigeria, which has resulted into the destruction of innocent lives and properties, distorted law and
order in this part of the country and has continued to send waves of terror to the minds of the people in the area. In the article, the basic concepts that form the topic are defined, followed by a trace of the origin of terrorist acts in Nigeria and what has being
done in the context of the law to provide the legal mechanism that will be utilized in fighting and suppressing the increasing
incidence of terrorists invasions in Nigeria. The article also contain a critical examination of the existing legal framework in
fighting terrorism in Nigeria, including Boko Haram, as well as, the social measures that are evolved by the state in combating
the ugly phenomenon in the country. It is ended with solutions which the writer feel will assist the nation in effectively suppressing the current waves of Boko Haram invasions in some of the states of Northern Nigeria.

Transnational Crimes and Economic Development in Nigeria

journal manager; Dr, Dr — Wed, 13 Dec 2023 00:00:00 +0000

This paper examines the phenomenon of transnational crimes, its nature and implications on economic development with a
clear exposure of practical realities and experience of Nigeria. The paper answers questions of how transnational crimes occur
in Nigeria, what are the apparent and latent effects on Nigeria?s economic development, how has international bodies responded
to this phenomenon, are there any action locally and nationally in combating the phenomenon, what are the shortcomings of
both national and international approach and mechanisms, why has the national and international efforts seem very effete? Thus
within the context of socio-legal exposition, the paper utilizes the methodology of descriptive approach using the primary
materials sourced from national legislation, treaties and secondary data sourced from scholarly articles, journals,
reports, periodical and books as well as internet sources . The findings revealed that the phenomenon has eaten deep into the
fabric of Nigeria with attendant peculiar implications stonewalling the national economic development of the country
while the less privileged and local communities are the most unfortunate. It is observed that there are legislation, locally and
internationally, as well as law enforcement machinery, though the response nationally and internationally gathers momentum,
there remains a high incidence of transnational crimes in Nigeria while the machinery remains largely ineffective due to
internal management and external factors, as well as the high rate of poverty, harsh economic condition and lack of political
will which all encouraged high level of impunity and poor enforcement. The paper concludes that for this phenomenon to
be properly addressed and eliminated, there must be a robust international cooperation with clearly mapped out enforceable
instrument of supranational nature in conjunction with a highly punitive national legislation.

Legal Imperative of Financial Ombudsman System in Nigeria?s Banking Sector

Dr — Wed, 13 Dec 2023 00:00:00 +0000

Banks exist and continue to do business due to the continued patronage of their customers as these customers provide the
basic “raw material,” money, with which banks do business. The banker-customer relationship is fundamentally contractual. However, the two contracting parties have unequal bargaining powers, with the customer occupying a weaker position, despite the customer?s role in the future of the bank. This raises the imperative of instituting a mechanism for the protection of bank customers. In Nigeria, the extant regulatory mechanism does not provide the desired level of bank customer-protection. This paper examines this situation and situates the problem in the absence of a coherent and statute-backed mechanism for addressing customers? complaints. The paper recommends the creation of a banking ombudsman system through enactment, as an objective way of institutionalising a regime of customer-protection. This is a veritable means of curing the glaring lacuna in banking regulation in Nigeria.

A Review of Legal Instruments on Equal Right to Education of Children with Disabilities in Nigeria

Akinbola Bukola — Wed, 13 Dec 2023 00:00:00 +0000

Achieving the Education For All targets and Millennium Development Goals will be impossible
without improving access to and quality of education for children with disabilities. The EFA Global
Monitoring Report 2007 estimates that the majority of children with disabilities in Africa do not go to
school at all, and of the 72 million primary aged children worldwide that are out of school, one third
have disabilities.

Enforcement Provisions of Major Environmental Law Regimes in Nigeria

Dr. (Mrs), Mrs. — Wed, 13 Dec 2023 00:00:00 +0000

The world has been witnessing alarming increase in environmental problems, ranging from the depletion of the ozone
layer and green-house effect, global climate changes or global warming, causing the melting of article ice, resulting in floods,
with acid rain resulting from gas flaring, oil pollution, deforestation, plant and animal extinction and to all other forms
of environmental degrading activities of man. Our environment is faced with the twin pressure of population and development,
resulting in its deterioration and depletion of the natural resources at an alarming rate. Besides the traditional pollutants,
the strain of unchecked effluents and emissions from hazardous industries has caused pollution of the environment and
consequent human health hazards. The reckless industrial growth may lead to an over exploitation and destruction of
natural resources to such an extent that our future generation may discover that life support system has been damaged beyond
repair. Therefore, there is a need for striking a balance between environment and development so that we may have sustainable
development? . In recognition of the above challenges, the international community, including Nigeria, has adopted an avalanche of legislation to stem the menace of environmental degradation. Some of the legal regimes are international conventions, while others are laws. In these regimes there are provisions for enforcement of the conventions. This work takes a critical look at two international and three domestic laws put in place to address the above challenges. The effectiveness or otherwise of the enforcement provisions of such conventions and laws would also be the concern of this paper