Papers by yinka olomojobi
International Journal on Minority and Group Rights
The Nigerian nation has gone through a countless number of socio-economic and political challenge... more The Nigerian nation has gone through a countless number of socio-economic and political challenges since its spontaneous union of numerous ethno-religious, political, and geo-regional races on January 1, 1914. There have been joint threats to the cohesion, assimilation, and unity of the Nigerian State due to the prevalence of a tense political system that is deeply ingrained with a deeply divided society. These threats include symptoms of not only disaffection but also an escalation of insecurities such as conflicts over resource allocation and revenue control, cattle rustling, kidnapping, cultism, armed banditry, the politics of inter-ethnic conflict. This paper adopted the doctrinal and historiographical methods of research to appraise the subject of the research. The paper concluded that while it has been established in this paper that self-determination is indeed provided for in both the Universal declaration of Human Rights, 1948 (udhr) and the African Charter on Human and Peop...
ELTE Law Journal
This study examines sexual violence in armed conflict, using the Boko-Haram insurgency as a case ... more This study examines sexual violence in armed conflict, using the Boko-Haram insurgency as a case study. It explores the extent of protection accorded to victims of the conflict and the accountability of perpetrators under Nigerian law. It examines the State’s complicity in consistently allowing civilians to be targets of sexual violence while members of the Boko-Haram armed group who perpetrated such offenses continue to enjoy almost complete immunity. This study also investigates the legal hurdles hampering bringing perpetrators of sexual violence in armed conflict to justice and has provided solutions to the absence of legal protection for victims of sexual violence in armed conflict and the dearth of accountability for its perpetrators. It argues that the current legislation in place in Nigeria to combat sexual violence is grossly inadequate. not just for peacetime but in armed conflict, and the non-domestication of international treaties, particularly the Four Geneva Conventions and its Additional Protocols, has contributed to the near-complete impunity of perpetrators of sexual violence in armed conflict. Keywords: armed conflict, Boko-Haram insurgency, perpetrators, sexual violence, victims
Purpose: The Special Court for Sierra Leone was set up in 2002 as a transitional justice mechanis... more Purpose: The Special Court for Sierra Leone was set up in 2002 as a transitional justice mechanism after the country’s ten year civil war. The court concluded its sitting in 2013. The study explored the nexus between expectations of the people and the actual mandate of the court in respect of compensation and also ascertained the appropriateness of the court as a transitional justice mechanism. Methodology: The study adopted multi stage sampling technique in selecting the four towns in Sierra Leone which were studied. The major instrument of data collection was validated questionnaire supplemented by a semi structure interview guide. Findings: The study found that though the court had no mandate to compensate victims, 63% of the respondents expected that the court would give monetary compensation to the victims while 60% felt that the victims should have been compensated. The study concluded that there was a divergence between the expectations of people and the actual mandate of th...
This article seeks to explore why Nigerian find it increasingly impossible to participate and acq... more This article seeks to explore why Nigerian find it increasingly impossible to participate and acquire representation in politics. It uncovers the historical trajectories of the cause-effect of the discriminatory patriarchal institutions in Nigerian societies. The paper examines the interrelationship between gender and democracy and political participation . Furthermore, the paper examines the obstacles encountered by women in seeking political leadership in Nigeria. In conclusion, the paper charts different legal mechanisms to encourage gender participation in politics in Nigeria.
Nigeria has a complex ethno-religious profile. Thanks to the British colonial administration, a m... more Nigeria has a complex ethno-religious profile. Thanks to the British colonial administration, a myriad of individual groups professing various faiths and belonging to different ethnicities have found themselves in a tense, unsettled and competitive political system. Unsurprisingly, there have been several attempts to undermine the profile of the state. In spite of these consistent challenges, what is striking, however, is that the Nigerian state has not disintegrated. What explains the persistence of the Nigerian state on the face of these assaults? Traditionally, critics have suggested that the federal structure in Nigeria is responsible for deflating some of the attacks against the state. I, however, propose that the success of the Nigerian state is not only due to the prevalence of a federal structure of governance but also due to the inclusive identity provided by religion. In particular, I explore the role of Islam in an ethnically charged context such as northern Nigeria. Whil...
International Journal of Cyber Warfare and Terrorism, 2021
Terrorism is ubiquitous. Most states around the world have experienced some form of terrorism. Te... more Terrorism is ubiquitous. Most states around the world have experienced some form of terrorism. Terrorism has undermined the profile of Nigeria and has generated a tense and fragile political system. This paper underscores that the prevalence of grievance and the lack of an innovative economic base in Nigeria are amongst the key factors that stimulate terrorism in the state. In Nigeria, terrorist activities have become endemic. A cursory look on these activities has proven that social media has become a source for propagating terrorism. This has generated multifarious security challenges as well. This paper is aimed at analyzing terrorism and social media. It further proceeds to examine the main thrust of the paper submitting that social media is a viable tool for terrorists. From this standpoint, the paper explores a case study analysis to further explain and evaluate the symbiotic relationship between social media and terrorism in Nigeria.
SSRN Electronic Journal, 2017
With the world shrinking to a global village and the complexity of life, it seems that the indivi... more With the world shrinking to a global village and the complexity of life, it seems that the individual is perpetually connected to world. It is not surprising that the individual has become more sensitive about his/her private life and in many ways, attempts to set boundaries where he/she ‘wants to be let alone’. The right to privacy is shrouded with complexity thus making it difficult to define and determine its scope. The rationale for this apparent difficulty is not unconnected to the fact that the right is virtually unknown in common law. In order to establish the right to privacy, common law sought to explore whether the individual could establish whether there is a breach of confidentiality. It is then not surprising that the Nigerian courts being strongly connected to the English common law have found it increasingly difficult to find an adequate definition of the concept. This paper attempts to explore whether citizens have reasonable expectation of privacy in private and public places. The paper explores the law relating to privacy as enshrined in international, regional documents and national (Nigerian) legislation. The purpose of this paper is to consider whether the law affords an objective norm which can be implored to protect the privacy of the individual. It also seeks to explain the nature and extent of how the right to privacy is protected.
SSRN Electronic Journal, 2017
The thrust of this piece is on post independent Nigeria-U.S.A relations. To fully grasp the forei... more The thrust of this piece is on post independent Nigeria-U.S.A relations. To fully grasp the foreign policy direction of Nigeria and the U.S.A, it is pertinent to understand the foundation of Nigeria's postindependence foreign policy as Nigeria before independence had no autochotonous designed foreign policy since the country was under colonial rule contrast to the United States of America with centuries of antochtonous foreign policy. Recently America has been contending with the politics of Donald Trump, which seems to be based on 'America first'. The question then remains is what will become of Nigeria's relationship with America. The significance of this paper is that it explores whether Trumps' overall foreign policies will be a positive or negative force for Nigeria.
SSRN Electronic Journal, 2017
The right to personal liberty is one of the most central human rights as it is connected to the e... more The right to personal liberty is one of the most central human rights as it is connected to the essentialist rudiments of an individual's physical freedom. The right to liberty requires that the arrest or detention of an individual must be in accordance to the law. The right therefore protects the individual against the excesses of the government and its agents. The right to personal liberty is essentially a personal freedom in which no government can abridge. This right is juxtaposed with other human rights and can be formally traced back to the English Magna Carta of 1215. The main quagmire of the right to liberty in Nigeria is the executive arm of government in Nigeria at most times permits continuous detention without trial. Detention without trial, includes persons detained by the state without criminal charges. Furthermore, there is a persistent lack of will by the judiciary to eliminate a vast amount of cases where the individual is detained without recourse to the time he/she would have served if convicted for the crime in question. In addition, the problem continues wherein persons who are not unconfined from prison even though they have completed serving their jail terms.
SSRN Electronic Journal, 2016
This paper attempts to examine religious freedom in a multicultural society particularly in Niger... more This paper attempts to examine religious freedom in a multicultural society particularly in Nigeria. The paper therefore explores international law and also focuses on regional law and the Nigerian Constitution before delving into how the Nigerian courts have protected religious freedoms. By doing this the paper draws and analyses Nigeria cases and a few relevant foreign cases to explain the complexity of the right to religious freedom. The paper also briefly explores how religious freedom is connected to secularization and Sharia Implementation in Nigeria.
SSRN Electronic Journal, 2015
The focus of this paper is on successive Nigerian governments failing to diversify the economy. N... more The focus of this paper is on successive Nigerian governments failing to diversify the economy. Nigeria has been oscillating with economic policies that do not benefit the common man. It is predicted that not too far in the future, Nigeria’s reliance on oil will cease, partly because of alternative sources of energy supply. When this event occurs, what will happen to Nigeria? This, then, is the solution to this impending problem: the incorporation of good governance in Nigeria through leadership! As rightly pointed out by Chinua Achebe, “there is nothing basically wrong with the Nigerian character. There is nothing wrong with the Nigerian land, climate, water, air, or anything else. The Nigerian problem is the unwillingness or inability of its leaders to rise to their responsibility, to the challenge of personal example, which is the hallmark of true leadership”. Invariably, the hallmark of true leadership is connected with good governance.
SSRN Electronic Journal, 2017
There has been complexities arising from distinguishing between ‘civil liberties’, ‘human rights’... more There has been complexities arising from distinguishing between ‘civil liberties’, ‘human rights’ and ‘fundamental freedoms’ in Nigerian human rights law. This paper explores the differences and connections between these concepts. The paper further examines whether they mean the same thing or they interdependent on each other. Furthermore, the paper examines the connectivity between economic and social rights with political civil rights. The paper seeks to draw on arguments on whether social, economic and cultural rights provided for under the Chapter II the 1999 Nigerian Constitution (as amended) are connected with fundamental rights of Constitution and whether they are guaranteed to the citizens of Nigeria. In order to do this the paper charts the different perceptions and interpretations of the Apex courts in Nigeria.
SSRN Electronic Journal, 2016
The expeditious expansion in technology and the world’s shrinking geographical space has introduc... more The expeditious expansion in technology and the world’s shrinking geographical space has introduced an accelerated change in terrorist activities. It is not surprising that the conventional methods of radicalizing moderate Muslims in the mosque have been substituted by the use of the internet and the social media. Jihadist can carry out propaganda and terrorists activities by using the internet to further radicalize and impose ideologies of hate and destruction. This paper charts the methods of jihadist propaganda on the internet and how radical Islamist groups are using the internet to induce and influence moderate Muslims into their doctrine of hate. However, the use of the internet has an impact on human rights such as the freedom of speech. This paper strikes a balance between the freedom of speech and dissemination of hate literature on the internet. Furthermore, the paper indicates that there is a need for cooperation and collaboration between African states in order to win the war against terror.
SSRN Electronic Journal, 2017
SSRN Electronic Journal, 2017
The paper explores the public perception of the status of a child born out of lawful wedlock [leg... more The paper explores the public perception of the status of a child born out of lawful wedlock [legitimate children] and illegitimate children under customary law in Southwestern Nigeria. The paper also provides distinctions between legitimate child and illegitimate children. The paper conducts surveys and interviews by a stratified and random sampling of the perception of the public amongst prominent individuals and ordinary citizens amongst the Yoruba ethnic group in Nigeria to assess their knowledge and opinion about customary law and the succession rights of illegitimate children. This paper uses both a quantitative and qualitative. It also outlines in details data collection instruments and the instruments used for data analysis.
SSRN Electronic Journal, 2017
There is a constant demand by citizens towards their governments for more protection from e-terro... more There is a constant demand by citizens towards their governments for more protection from e-terrorist activities. This call must however be answered with a respect of the rule of law and respect for inalienable human rights. What are the legal limits (if any) on the powers of government? This article seeks to show the attendant human rights issues that must be taken into consideration whilst fulfilling the objective of eradicating e-terrorism. Limitations must be embedded in counter-terrorism efforts otherwise, there are implications.
SSRN Electronic Journal, 2016
Terrorism has become a plague in Nigeria. Activities of terrorists in Nigeria have claimed thousa... more Terrorism has become a plague in Nigeria. Activities of terrorists in Nigeria have claimed thousands of lives and properties; people continually live in fear. Security is critical in ensuring the growth of a nation. Nigeria today is characterized with bombing, ethnic genocide and insecurity. These have made the government legislate on laws that could prevent terrorism by making terrorism a criminal act punishable by law. The activities of the terrorist groups, especially the Boko Haram has not only resulted into loss of life and property, it has also caused environmental deteriorations and lack of economic growth. Nigeria is recently in the forefront in effort to fight against the wide spread of terrorism. The object of this paper is to explore the law in Nigeria that has been put in place to fight terrorism.
SSRN Electronic Journal, 2016
After the Cold War, the universe has become seemingly divided on religious grounds. It seems that... more After the Cold War, the universe has become seemingly divided on religious grounds. It seems that globalisation has not stamped out religious differences. Globalisation has in many ways intensified religious division. How does globalisation cause this phenomenon? The aim of this paper is to chart the essence of religion in a seemingly divided world. It attempts to do this by exploring the different contexts of religion in order to explain ‘how’ and ‘why’ religious extremism may become a force in non-Western societies. The paper also seeks to explore whether religion is still relevant in Western societies.
SSRN Electronic Journal, 2016
The use of social media platforms for the spread of terrorist ideologies has become progressively... more The use of social media platforms for the spread of terrorist ideologies has become progressively popular due to the rapid growth and penetration of the reach of the internet. This has led to radicalization of individuals for various purposes through the kind of information they are exposed to over the internet. The internet provides an amiable environment for dissemination of information with so much liberty and its uniqueness is being fully explored by terrorist groups. This paper explores the contemporary issue in respect of the propagating of “E-Terrorism.” Essentially, this article will be will be providing an understanding of what e-terrorism entails, the various forms through which it can be utilised towards terrorist related activities and the power and reach of the internet as a perfect tool for terrorist propaganda.
SSRN Electronic Journal, 2016
is an urban town located in Ogun State, South Western Nigeria. 2 Yinka Olomojobi, LL.M (Liverpool... more is an urban town located in Ogun State, South Western Nigeria. 2 Yinka Olomojobi, LL.M (Liverpool), PhD (Lancaster), Barrister at Law, Senior Lecturer in Law at Babcock University, Law &Security Studies, Iperu Remo, Ogun State 3 Deborah Anonaba is an LL.B (Hons) student at Babcock University, School of Law &Security Studies, Iperu Remo, Ogun State. She is about to gain admission into the Nigerian Law School. After attending Law School, she intends to peruse an LL.M in Human Rights Law. Her research interests centers on International humanitarian law and human rights law.
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Papers by yinka olomojobi