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All Journal Journal of Indonesian Legal Studies Indonesian Journal of International Law The Easta Journal Law and Human Rights
Adegbite, Olusola Babatunde
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Law Enforcement, Military Discipline, and the Notion of Military Justice: Building a Case for the Constitutional Rights of Service Personnel in Nigeria Adegbite, Olusola Babatunde
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.28967

Abstract

Law enforcement is the pivot on which every society and institution stands and essentially survives on. An institution where enforcement of the law is in abeyance will surely not endure, as whatever goals are set is condemned to smoulder in total indiscipline. Without doubt, no institution would want to set off on that footing. However, where law enforcement takes place in a special institution like the Military, its deployment is bound to raise deep questions regarding the Constitutional rights of the accused persons. Over the years, the Nigerian Military appear to have been caught in this miasma in which the Constitutional rights of its service men has remained trapped in the notion of upholding Military discipline. It is to this end that this paper appraises the question of law enforcement in the Nigerian Military, querying its attitude towards the safeguards of these rights, and accordingly building a case for a new and better regime, in which Constitutional rights of Service personnel are not only guaranteed, but regarded as pre-eminent.
Covid-19 Vaccine Nationalism and International Human Rights Law Adegbite, Olusola Babatunde; Adekola, Tolulope Anthony
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.563

Abstract

The rollout of COVID-19 vaccines was referred to as the “parallel pandemic of human rights” of some sort, running neck to neck with the pandemic itself. The production, distribution, and profiteering that followed the announcement of vaccines were so unequal, between the rich countries of the global north and their poor counterparts in the global south, that the exercise was satirically termed ‘vaccine nationalism’ or ‘vaccine apartheid’. Against the backdrop of the COVID-19 pandemic, this article examines the extent to which existing International Human Rights Law (IHRL) provides for a framework of equity in vaccine distribution across the globe, particularly in the context of pushing back ‘vaccine nationalism’. Given that the questions relating to access to vaccines sit at the intersection of intellectual property (IP) protection and human rights, the article examines the delicate balance between IP protection and the broader rights of users/society to vaccine access. The article then proceeds to discuss how far human rights jurisprudence can go in engendering access to vaccines for all.
Ensuring the Right of the Child in the Boko Haram Insurgency: The Province of UNICEF’s Complementary Mandate Under International Law Adegbite, Olusola Babatunde
Indonesian Journal of International Law Vol. 19, No. 1
Publisher : UI Scholars Hub

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Abstract

The need to manage conflict-related humanitarian conditions is the basis of intervention by international humanitarian organizations. Chief amongst these agencies is the United Nations International Children’s Emergency Fund (UNICEF), whose work is primarily about protecting children in armed conflicts. This agency has maintained a robust response to the humanitarian crisis in the Boko Haram insurgency, though its effort has not been without controversies. In 2018, it was suspended by the Nigerian Military on the allegation that it was working for the enemy side, an action which attracted widespread condemnation, as it was seen as an attempt by the government to give the agency a bad name. This has again thrown up the question of whether agencies such as UNICEF have the mandate ascribed to them under international law, and whether countries such as Nigeria, having signed up to this mandate, could refuse to live up to their international obligation. This article examines the framework of humanitarian intervention by UNICEF under international law, and what Nigeria’s role ought to be in this respect. It makes the argument that UNICEF’s intervention in the insurgency is not that of a meddlesome interloper, but part of an international legal framework for the protection of children’s rights in armed conflicts, which Nigeria has signed to, and which it must fulfil. Supporting UNICEF is in the best interest of the country, but doing otherwise could be inimical not just to the wellbeing of children in the insurgency, but also the country’s commitments under international law.
Co-Authors Adekola, Tolulope Anthony