Papers by Adekunbi Adeleye
First, my sincere appreciation and gratitude go to my lovely parents, Mr and Mrs Adeleye for thei... more First, my sincere appreciation and gratitude go to my lovely parents, Mr and Mrs Adeleye for their spiritual and financial support, without them, I would not have been able to make it to the University of Cape Town. Thank you so much. Secondly, I would like to acknowledge and express my deepest appreciation to my amiable supervisor, Associate Professor Debbie Collier, for her guidance during the entire duration of my research. You have been wonderful, supportive, and encouraging. I found your comments, remarks, and engagements highly useful and inspiring. I am grateful for your love and time. You are indeed a sister and a mentor. Furthermore, I appreciate the Dean of the Faculty of Law, professor Pamela Schwikkard, who contributed immensely towards my achieving this Masters degree. Thank you so much. I will also like to thank my best friend in Cape Town, Mr Adeola Poroye, for his moral, financial and spiritual support. God will reward you richly. My appreciation also goes to my friends, Wole Akinyeye, (words are not enough to express my appreciation to you), Chukwuechefu Ukattah, Mr Toyin Badejogbin, Ibezimako Wogu, and Anthony Diala who in their own little way spared time to go through my dissertation. I owe you a lot. Lastly, I will like to say thank you so much to Sherly Ronnie for her patience and attention,
The debate regarding justiciability of socioeconomic rights in Nigeria has been going on for a wh... more The debate regarding justiciability of socioeconomic rights in Nigeria has been going on for a while. The right to education is a socioeconomic right that has been considered justiciable by the ECOWAS court in their ruling in the SERAP case. However, since the decision was made in 2010, there has not been so much progress by the Nigerian government in ensuring access to quality education to all children in Nigeria. The paper discusses the problems regarding nonjusticiability of socioeconomic rights, expands and analyses on the legal reasoning for the justiciability of the right to education, the progress made on the justiciability of socioeconomic rights, and concludes by expanding on the enforcement and access to quality education mechanisms. This has become crucial since it is not enough to have justiciable right to education; enforcement and access to quality education mechanisms must also be in place to fully actualize the right to education. To achieve that, the paper will suggest policy recommendations based on strategies and mechanisms that will continue to enhance the enforcement and access to quality education for all children in Nigeria. These would be considered essential for the actualization of the "4AS" (Availability, Accessibility, Acceptability and Adaptability) principles of education necessary for the right to education to be fully justiciable and realized.
Many reforms aimed at improving the administration of human rights justice system in Nigeria, esp... more Many reforms aimed at improving the administration of human rights justice system in Nigeria, especially towards curbing delay in such cases, avoiding technicality and improving access to courts, have been undergone in the recent past. Of significant note is the vesting of jurisdiction in the National Industrial Court (NIC) in the enforcement of labour-related human rights violation. This development, like a coin, has its two sides of pros and cons. With the increase in the number of court with jurisdiction in human rights cases it heralded, it creates a wider access to courtOn the other side of the coin however, with limitation of the NIC’s jurisdiction to labour-related human rights issues, the court may have to grapple with determination of its jurisdiction and consequently engenders delay which the reforms aimed to eradicate. Besides, it is doubtful whether the Fundamental Rights (Enforcement Procedure) Rules, 2009 would be applicable to human rights proceedings before the court...
In 2009, the Fundamental Rights (Enforcement Procedure) Rules, 2009 were introduced to improve ad... more In 2009, the Fundamental Rights (Enforcement Procedure) Rules, 2009 were introduced to improve administration of justice in human rights cases in Nigerian courts. The Rules established that all human rights cases could be filed in any High Court in the State where the violation occurred. Depending on the parties involved and the place of the violation, this gives wide opportunity for victims to file a case either at the Federal, State, or the Federal Capital Territory High Court. However, in 2011, the 1999 Constitution of Nigeria was altered and thereby vested with exclusive jurisdiction over human rights cases arising from labor relations in the National Industrial Court (NIC). With exclusive jurisdiction over such matters now vested in the NIC, High Courts have been excluded from exercising jurisdiction in labor-related human rights issues despite the fact the NIC is yet to have judicial divisions in all states of the federation. A critical study of these and other issues relating...
ABSTRACT Protecting the rights of consumers is pivotal in any market economy. Globally, laws are ... more ABSTRACT Protecting the rights of consumers is pivotal in any market economy. Globally, laws are enacted and bodies institutionalised to protect the rights of consumers against unscrupulous manufacturers and distributors. These laws protect the interests of consumers; ensure accessible, transparent and efficient redress for consumers who are prone to abuse or exploitation in the market place. In the same vein, Nigeria has enacted the Consumer Protection Council Act with the aim to protect consumers from unscrupulous suppliers, unfair market practices, defective products and false marketing strategies. This paper examines the Consumer Protection Council Act and the functions of the Council. This is to determine how responsive the Council is in protecting the rights of consumers, and the effectiveness of the Act in actualizing its objectives as stated therein. To do this, the author adopts primary research methodology which includes review of scholarly articles on consumer protection.
Abstract In 2009, the Fundamental Rights (Enforcement Procedure) Rules, 2009 were introduced to ... more Abstract In 2009, the Fundamental Rights (Enforcement Procedure) Rules, 2009 were introduced to improve administration of justice in human rights cases in Nigerian courts. The Rules established that all human rights cases could be filed in any High Court in the State where the violation occurred. Depending on the parties involved and the place of the violation, this gives wide opportunity for victims to file a case either at the Federal, State, or the Federal Capital Territory High Court. However, in 2011, the 1999 Constitution of Nigeria was altered and thereby vested with exclusive jurisdiction over human rights cases arising from labor relations in the National Industrial Court (NIC). With exclusive jurisdiction over such matters now vested in the NIC, High Courts have been excluded from exercising jurisdiction in labor-related human rights issues despite the fact the NIC is yet to have judicial divisions in all states of the federation. A critical study of these and other issues relating to the jurisdiction of the NIC in human rights would suggest the need to rethink the human rights jurisdiction of the Court. To correct the identified anomalies, this article advocates for lessons to be drawn from practices in South Africa, where the Labor Court still shares jurisdiction with other courts in labor-related human rights cases despite its exclusive jurisdiction in other labor matters.
This article evaluates the legal framework for the progressive realization of the International C... more This article evaluates the legal framework for the progressive realization of the International Covenant on Economic, Social and Cultural Rights (ICESR) provisions on socioeconomic human rights of children in Nigeria. It reviews the nature, scope and content of children's rights espoused by the ICESR and then examines how these socioeconomic rights of children, both nationals and non-nationals, can be guaranteed and progressively realized within the relevant provisions of Nigerian law and the limited available resources, given that Nigeria is a developing country. The article also discusses how legal barriers posed by the non-justiciability of the socioeconomic rights under the fundamental objectives and directive principles of the Nigerian Constitution and other challenges to the full realization of the socioeconomic rights can be overcome.
A B S T R A C T
Keywords:
Human Rights;
Nigeria; National
Industrial Court;
Jurisdiction;
Enforc... more A B S T R A C T
Keywords:
Human Rights;
Nigeria; National
Industrial Court;
Jurisdiction;
Enforcement;
Many reforms aimed at improving the
administration of human rights justice
system in Nigeria, especially towards
curbing delay in such cases, avoiding
technicality and improving access to courts,
have been undergone in the recent past. Of
significant note is the vesting of jurisdiction
in the National Industrial Court (NIC) in the
enforcement of labour-related human rights
violation. However, unlike the hitherto
arrangement where both the State and the
Federal High Courts exercised concurrent
jurisdiction in human rights proceedings,
exclusive jurisdiction is vested in the NIC in
labour-related human rights matters. This
development, like a coin, has its two sides
of pros and cons. With the increase in the
number of court with jurisdiction in human
rights cases it heralded, it creates a wider
access to court. Also, it makes human
rights-labour related international treaties
enforceable by the NIC once ratified by the
country without the need for further
domestication. On the other side of the coin
however, with limitation of the NIC‟s
jurisdiction to labour-related human rights
issues, the court may have to grapple with
determination of its jurisdiction and
consequently engenders delay which the
reforms aimed to eradicate. Besides, it is
doubtful whether the Fundamental Rights
(Enforcement Procedure) Rules, 2009
would be applicable to human rights
proceedings before the court. This is in
view of the wordings of section 46 of the
Constitution. Also, section 254 (C)
stipulates that the human rights jurisdiction
vested in the NIC pertain only to “any
dispute over the interpretation and
application of the provisions of Chapter IV”
and not necessarily human rights
employment. To this end, adopting
analytical legal research approach, this
paper critically reviews the jurisdiction of
the NIC in human rights enforcement and
makes a case for necessary further reforms
that would make the jurisdiction better
beneficial.
Abstract
Children are the future of a nation and the hope for a better tomorrow. For a country t... more Abstract
Children are the future of a nation and the hope for a better tomorrow. For a country to develop, the rights of a child should be of paramount concern to the government of the nation. These rights include, but are not limited to, the right to adequate standard of living, health care, education, play and recreation, protection from abuse, negligence and exploitation. Unfortunately, many children are denied these rights and the joy of childhood by being involved in child labour as a means to survive. In Nigeria, child labourers engage in
all forms of labour and this is becoming widespread. The major causes of increasing incidence of child labour in Nigeria are the prevailing unemployment rate in the country, poverty, illiteracy, household size, culture and family structure. Several writers have written on the increasing incidence of child labour and the prohibition of child labour. Some writers have also written on the underlying major causes and health consequences of child labour in Nigeria. Although it may be impossible to totally eradicate child labour in Nigeria however, ultimate consideration to strategies and mechanisms on how to eradicate the worst forms of child labour in Nigeria is yet to be analysed. This is pertinent bearing in mind that Nigeria has ratified the ILO Convention on Worst Forms of Child Labour. This dissertation aims to address some of these issues by focusing on why children work as child labourers and the consequences and effects of child labour on the growth and development of the child. It will also analyse the efforts made by the International Labour Organisation and International Programs for the Elimination of Child Labour in eradicating the worst forms of child labour in Nigeria. Furthermore, this dissertation will attempt to determine what accounts for gaps in effective implementation of international laws on child labour ratified by Nigeria and national legislation enacted to prohibits the worst forms of child labour. Finally, it will suggest possible state and policy interventions, in the form of strategies and mechanisms, that could eradicate the worst forms of child labour in Nigeria.
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Papers by Adekunbi Adeleye
Keywords:
Human Rights;
Nigeria; National
Industrial Court;
Jurisdiction;
Enforcement;
Many reforms aimed at improving the
administration of human rights justice
system in Nigeria, especially towards
curbing delay in such cases, avoiding
technicality and improving access to courts,
have been undergone in the recent past. Of
significant note is the vesting of jurisdiction
in the National Industrial Court (NIC) in the
enforcement of labour-related human rights
violation. However, unlike the hitherto
arrangement where both the State and the
Federal High Courts exercised concurrent
jurisdiction in human rights proceedings,
exclusive jurisdiction is vested in the NIC in
labour-related human rights matters. This
development, like a coin, has its two sides
of pros and cons. With the increase in the
number of court with jurisdiction in human
rights cases it heralded, it creates a wider
access to court. Also, it makes human
rights-labour related international treaties
enforceable by the NIC once ratified by the
country without the need for further
domestication. On the other side of the coin
however, with limitation of the NIC‟s
jurisdiction to labour-related human rights
issues, the court may have to grapple with
determination of its jurisdiction and
consequently engenders delay which the
reforms aimed to eradicate. Besides, it is
doubtful whether the Fundamental Rights
(Enforcement Procedure) Rules, 2009
would be applicable to human rights
proceedings before the court. This is in
view of the wordings of section 46 of the
Constitution. Also, section 254 (C)
stipulates that the human rights jurisdiction
vested in the NIC pertain only to “any
dispute over the interpretation and
application of the provisions of Chapter IV”
and not necessarily human rights
employment. To this end, adopting
analytical legal research approach, this
paper critically reviews the jurisdiction of
the NIC in human rights enforcement and
makes a case for necessary further reforms
that would make the jurisdiction better
beneficial.
Children are the future of a nation and the hope for a better tomorrow. For a country to develop, the rights of a child should be of paramount concern to the government of the nation. These rights include, but are not limited to, the right to adequate standard of living, health care, education, play and recreation, protection from abuse, negligence and exploitation. Unfortunately, many children are denied these rights and the joy of childhood by being involved in child labour as a means to survive. In Nigeria, child labourers engage in
all forms of labour and this is becoming widespread. The major causes of increasing incidence of child labour in Nigeria are the prevailing unemployment rate in the country, poverty, illiteracy, household size, culture and family structure. Several writers have written on the increasing incidence of child labour and the prohibition of child labour. Some writers have also written on the underlying major causes and health consequences of child labour in Nigeria. Although it may be impossible to totally eradicate child labour in Nigeria however, ultimate consideration to strategies and mechanisms on how to eradicate the worst forms of child labour in Nigeria is yet to be analysed. This is pertinent bearing in mind that Nigeria has ratified the ILO Convention on Worst Forms of Child Labour. This dissertation aims to address some of these issues by focusing on why children work as child labourers and the consequences and effects of child labour on the growth and development of the child. It will also analyse the efforts made by the International Labour Organisation and International Programs for the Elimination of Child Labour in eradicating the worst forms of child labour in Nigeria. Furthermore, this dissertation will attempt to determine what accounts for gaps in effective implementation of international laws on child labour ratified by Nigeria and national legislation enacted to prohibits the worst forms of child labour. Finally, it will suggest possible state and policy interventions, in the form of strategies and mechanisms, that could eradicate the worst forms of child labour in Nigeria.
Keywords:
Human Rights;
Nigeria; National
Industrial Court;
Jurisdiction;
Enforcement;
Many reforms aimed at improving the
administration of human rights justice
system in Nigeria, especially towards
curbing delay in such cases, avoiding
technicality and improving access to courts,
have been undergone in the recent past. Of
significant note is the vesting of jurisdiction
in the National Industrial Court (NIC) in the
enforcement of labour-related human rights
violation. However, unlike the hitherto
arrangement where both the State and the
Federal High Courts exercised concurrent
jurisdiction in human rights proceedings,
exclusive jurisdiction is vested in the NIC in
labour-related human rights matters. This
development, like a coin, has its two sides
of pros and cons. With the increase in the
number of court with jurisdiction in human
rights cases it heralded, it creates a wider
access to court. Also, it makes human
rights-labour related international treaties
enforceable by the NIC once ratified by the
country without the need for further
domestication. On the other side of the coin
however, with limitation of the NIC‟s
jurisdiction to labour-related human rights
issues, the court may have to grapple with
determination of its jurisdiction and
consequently engenders delay which the
reforms aimed to eradicate. Besides, it is
doubtful whether the Fundamental Rights
(Enforcement Procedure) Rules, 2009
would be applicable to human rights
proceedings before the court. This is in
view of the wordings of section 46 of the
Constitution. Also, section 254 (C)
stipulates that the human rights jurisdiction
vested in the NIC pertain only to “any
dispute over the interpretation and
application of the provisions of Chapter IV”
and not necessarily human rights
employment. To this end, adopting
analytical legal research approach, this
paper critically reviews the jurisdiction of
the NIC in human rights enforcement and
makes a case for necessary further reforms
that would make the jurisdiction better
beneficial.
Children are the future of a nation and the hope for a better tomorrow. For a country to develop, the rights of a child should be of paramount concern to the government of the nation. These rights include, but are not limited to, the right to adequate standard of living, health care, education, play and recreation, protection from abuse, negligence and exploitation. Unfortunately, many children are denied these rights and the joy of childhood by being involved in child labour as a means to survive. In Nigeria, child labourers engage in
all forms of labour and this is becoming widespread. The major causes of increasing incidence of child labour in Nigeria are the prevailing unemployment rate in the country, poverty, illiteracy, household size, culture and family structure. Several writers have written on the increasing incidence of child labour and the prohibition of child labour. Some writers have also written on the underlying major causes and health consequences of child labour in Nigeria. Although it may be impossible to totally eradicate child labour in Nigeria however, ultimate consideration to strategies and mechanisms on how to eradicate the worst forms of child labour in Nigeria is yet to be analysed. This is pertinent bearing in mind that Nigeria has ratified the ILO Convention on Worst Forms of Child Labour. This dissertation aims to address some of these issues by focusing on why children work as child labourers and the consequences and effects of child labour on the growth and development of the child. It will also analyse the efforts made by the International Labour Organisation and International Programs for the Elimination of Child Labour in eradicating the worst forms of child labour in Nigeria. Furthermore, this dissertation will attempt to determine what accounts for gaps in effective implementation of international laws on child labour ratified by Nigeria and national legislation enacted to prohibits the worst forms of child labour. Finally, it will suggest possible state and policy interventions, in the form of strategies and mechanisms, that could eradicate the worst forms of child labour in Nigeria.