Papers by Afolasade A Adewumi
Social Science Research Network, 2016
Social Science Research Network, 2016
Built Heritage, Mar 28, 2022
Built heritage has been and is being threatened by natural and man-made factors such as urbanisat... more Built heritage has been and is being threatened by natural and man-made factors such as urbanisation, climate change, civil unrest, and activities of extractive industries among others. These factors have led to the destruction of built heritage culminating in a gap in the cultural history and identity of the people. Over the years, in every country, there have been different regimes that have regulated the preservation and sustainability of built heritage sites, ranging from the traditional pre-colonial era, the colonial era and the post-colonial era. This article from the perspective of law and history, examines the trajectory of the heritage management systems over the years in Nigeria to identify necessary areas of improvements that are needed to adequately manage and protect built heritage against the identified endangering factor of urban development. From its comprehensive analysis, this paper argues that in-order to adequately manage built heritage, it is important to adopt a holistic approach that will require the harmonisation of the various heritage management systems while taking steps to document indigenous conservation methods. On the other hand, harmonisation of all heritage laws with town planning laws is essential for sustainability.
African Journal of Legal Studies
The quest for the restitution of cultural property has not been an easy endeavour. Despite the av... more The quest for the restitution of cultural property has not been an easy endeavour. Despite the availability of multiple legal regimes securing various channels for the restitution of cultural property, improvement has been quite sluggish. This article argues that the debacle to the restitution process lies in the simultaneous operation of two diametrically opposed conceptions of cultural property- the nationalist and internationalist schools of thought. The 1954 Hague Convention sees cultural property as the cultural heritage of all mankind whilst the 1970 Convention takes the view that it is the cultural heritage designated by each country. These two approaches have been used to characterise nations theoretically in the international arena into source nations with nationalistic interests and market nations with international concerns. The conflict between both conceptions of cultural property becomes evident where the nationalists seek to employ legal and extra-legal means to prote...
Social Science Research Network, Jan 2, 2021
International Journal of Cultural Property
This research responds to the recent destruction of cultural heritage in Nigeria during the prote... more This research responds to the recent destruction of cultural heritage in Nigeria during the protest against police brutality meted out on the populace by a unit of the Nigerian police force known as the Special Anti-Robbery Squad. This article uncovers issues implicated in the destruction of the Iga Idunganran, a national monument. Through a survey questionnaire, the article determines the perceptions of people about African traditional religion and the knowledge of people about the value and significance of heritage loss occasioned by the recent destruction of the palace. Findings reveal that many Nigerians are unaware of the value and significance of the palace as heritage that is essential to societal development. Many Nigerians are suffering from an identity crisis because of colonization. The Nigerian government has not fulfilled its role in protecting cultural heritage. The Nigerian government needs to put structures in place to implement its commitment at the national level.
The cultural heritage of a people represents the identity of that particular people which needs t... more The cultural heritage of a people represents the identity of that particular people which needs to be protected, preserved, conserved and made use of in such a way that generations yet unborn will have access to it. Even though cultural heritage is the heritage of humanity, its sustainability rests more on national governments and legislations.
Social Science Research Network, 2010
Water is the only substance found on the earth naturally in three forms – Solid, Liquid and Gas. ... more Water is the only substance found on the earth naturally in three forms – Solid, Liquid and Gas. Water is a remarkable substance. Although a simple compound, it shrouds two-thirds of the planet, caps the poles and pervades the air we breathe. It is the genesis of and the continuing source of life. Without water, humankind – indeed all forms of life on earth – would perish. Important though this substance is its preservation has been treated with complacency as well as its availability denied where urgently required. The low service level of water accounts for why water borne diseases are prevalent sometimes to epidemic scale and food shortages become critical. An appreciation of water as key to environmental health and as a commodity that has real value will no doubt enhance a better management and provision of water. This write-up considers the sources and uses of water, the historical review of water resources development in Nigeria, the adequacy or otherwise of institutional framework, water policies, water legislation and framework privatization laws and proffers the way forward through recommendations and conclusion.
Social Science Research Network, 2014
Electronic banking services have developed and are implemented by the banking sector in providing... more Electronic banking services have developed and are implemented by the banking sector in providing services to customers. It is interesting to study the drivers of customer behavior in using electronic banking services. Therefore, this study seeks to determine the drivers of consumer attitudes in using services of bank. The number of customers who became research respondents was 164 people. The side technique used was purposive sampling. The findings of the study explain that bank credibility is not a driving force for customers' attitude to act in using banking services. Then, the convenience of banking services felt by customers becomes a trigger customers' attitude for using banking services. These findings are expected to contribute to knowledge, especially in the banking sector.
Social Science Research Network, 2019
Few-shot learning is an interesting and challenging study, which enables machines to learn from f... more Few-shot learning is an interesting and challenging study, which enables machines to learn from few samples like humans. Existing studies rarely exploit auxiliary information from large amount of unlabeled data. Self-supervised learning is emerged as an efficient method to utilize unlabeled data. Existing self-supervised learning methods always rely on the combination of geometric transformations for the single sample by augmentation, while seriously neglect the endogenous correlation information among different samples that is the same important for the task. In this work, we propose a Graph-driven Clustering (GC), a novel augmentationfree method for self-supervised learning, which does not rely on any auxiliary sample and utilizes the endogenous correlation information among input samples. Besides, we propose Multi-pretext Attention Network (MAN), which exploits a specific attention mechanism to combine the traditional augmentation-relied methods and our GC, adaptively learning their optimized weights to improve the performance and enabling the feature extractor to obtain more universal representations. We evaluate our MAN extensively on miniImageNet and tieredImageNet datasets and the results demonstrate that the proposed method outperforms the stateof-the-art (SOTA) relevant methods. 1
Social Science Research Network, 2012
Devices that automatically shut down the working mechanisms when they are overloaded include fric... more Devices that automatically shut down the working mechanisms when they are overloaded include friction, electromagnetic and other couplings. They allow adjusting the amount of allowable torque and automatically turning on the mechanisms when the overload stops. According to the results of the implementation of the planned factor experiments, the regression equations are obtained, which describe the change of the braking torque of the output shaft of the inertial safety clutch. The results of the study are the prerequisites for the development of methods for substantiating the rational parameters of the operation of inertial safety clutches.
Social Science Research Network, 2016
Social Science Research Network, 2015
This paper examines the child's rights in the light of the cultural identity of the child... more This paper examines the child's rights in the light of the cultural identity of the child, it brings to fore the fact that cultural identity provides the bedrock for an individual to chart the course for the enjoyment of all other rights. The paper also highlights the various factors that a cultural identity is hinged on by reviewing the provisions of the law both nationally and internationally on the protection of the right to cultural identity with special focus on the African Charter on Human and Peoples Rights which provides among other rights for a right to respect for cultural identity. It further examines the inter relationship of the right to cultural identity with other child rights, with a view to reinforcing the need for parents and care-givers to ensure that every child has a cultural identity which is the bedrock of all child rights. The paper concludes that a child without a cultural identity cannot be said to be in enjoyment of any of the other rights open to him as an individual.
Social Science Research Network, 2017
Partnership entails coming together of two or more persons to achieve a common goal. UNESCO aims ... more Partnership entails coming together of two or more persons to achieve a common goal. UNESCO aims to ensure that each country has an adequate representation of its national collection and has partnered with other bodies to achieve this. This article examines the milestones of the collaboration in curbing illicit trafficking of cultural objects under the guidance of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP) formed for the purpose of facilitating return and restitution of cultural objects lost during colonial times to their countries of origin.
Cultural property, which is the pillar of civilisation and peoples’ identities, has been displace... more Cultural property, which is the pillar of civilisation and peoples’ identities, has been displaced through colonisation, plunder and massive theft; causing irreplaceable loss of valuable information on mankind. Return and restitution of cultural property is achievable under the 1970 United Nations Economic, Social and Cultural Organisation Convention (UNESCO Convention) and the 1995 International Institute for the Unification of Private Law Convention (UNIDROIT Convention). However, the action steps African states need to take to derive maximum benefits from these Conventions have not attracted much scholarly attention. This study, therefore, examined the return and restitution of cultural property in some African states, under the UNESCO and UNIDROIT Conventions, with a view to determining their ratification rates, domestication and implementation. The factors hindering the efficacy of both Conventions in selected African states were also investigated. The study adopted jurisprudential theories of natural law, historicism and sociological school and applied legal research methodology. Primary data used were the UNESCO and UNIDROIT Conventions, Constitutions of randomly selected five African states with provisions protecting cultural heritage, cultural heritage legislations of 27 African states and 38 other international instruments. Key informant interviews were conducted with the legal officers involved in the drafting of the UNIDROIT Convention at UNIDROIT secretariat in Rome and heritage law practitioners and scholars at the Art Law Centre, University of Geneva. In-depth interviews were also conducted with politicians, lawyers, judges and members of the public in Ibadan metropolis. Secondary data consulted included legal texts on cultural property and policy documents. Data were subjected to interpretive and comparative analyses. As at December 2014, only 70.4% and 3.7% of the selected African states had ratified the UNESCO and the UNIDROIT Conventions respectively. None of the States had any legislation specifically aimed at domesticating the provisions of both Conventions. Largely, the provisions of both Conventions have not been implemented. Although South Africa ratified the UNESCO Convention in 2003, the enactment of The National Heritage Resources Act, 1999 predated it. There is no difference in the legislation of states such as Egypt, Nigeria and Zimbabwe that had ratified the UNESCO Convention concerning return and restitution of cultural property and those that had not (Ethiopia, Benin and Kenya). For example, both Kenya’s Antiquities Act 1983 and Egyptian Law viii 117 of 1983 declared state ownership of cultural property. Lack of awareness among politicians, lawyers and the populace about the benefits derivable from the Conventions, coupled with lack of priority given to the issue of return and restitution of cultural property were some of the factors hindering the efficacy of the Conventions in the African states. Many African states are yet to maximise the benefits derivable from the UNESCO and UNIDROIT Conventions by not ratifying, domesticating and implementing their provisions. The States need to take steps to enact cultural property specific legislations, strengthen their enforcement mechanisms and maintain control over the cultural property within their territories. Keywords: Return and restitution of cultural property, Cultural property in African states, 1970 UNESCO Convention, 1995 UNIDROIT Convention.
Social Science Research Network, 2017
Restorative justice has been introduced into the Nigerian criminal justice system by the enactmen... more Restorative justice has been introduced into the Nigerian criminal justice system by the enactment of the Administration of Criminal Justice Act, 2015. This development creates a shift from the aim of criminal law being punishment in economic and financial crimes where plea bargaining is offered or accepted by the Attorney General or members of his department. This article considers the doctrine of plea bargaining and determines the efficacy or otherwise of the doctrine in Nigeria.
Social Science Research Network, 2018
The global culture of homogenization is fast spreading and contributing to the destruction of hig... more The global culture of homogenization is fast spreading and contributing to the destruction of highly specialized indigenous cultures. The globalized way of life has come to stay and cannot be wished away. This paper highlights on Afrobeat, a popular music brand in Nigeria that incorporates the invaluable intangible heritage of southwest Nigeria. The paper seeks to determine the reality of its status as cultural heritage under Nigerian law.
Social Science Research Network, 2013
In a dynamic society, labour issues usually arise. Every strata of the society is directly or ind... more In a dynamic society, labour issues usually arise. Every strata of the society is directly or indirectly affected with the attendant effects on the political, social and economic sectors of the society, labour issues can therefore not be trivialised. When there are contentions between parties, the court is the conventional arbiter. It is in the wise that the industrial court is conceived and established in responsive economies. The National Industrial Court (NIC) in Nigeria as established, has experienced several challenged in terms of its origin and operation. This has gone on for many years before the constitution (Third Alteration) Act 2010 which brought in significant readjustment and relative peace to the NIC. With the Act, it is no longer contested that the NIC is a Superior Court of Record This paper considers that in spite of the copious provisions relating to the NIC, a number of problems and challenges are still evident. It therefore further considers whether with these lofty provisions relating to the NIC, it is poised to adequately resolve the challenges of the labour sector that it has been established to tackle. This paper in pursuing the task above, briefly traces the historical background of the National Industrial Court, acknowledges the enhanced upgrade of the pre-NIC before the constitutional (Third Alteration) Act 2010. It further specifically highlights other challenges existing with or generated by the aforesaid upgrade by virtue of the 2010 Act. Finally, proffers appropriate recommendations towards ensuring that the perceived needs of the Nigerian Labour sector that led to the establishment of the NIC are adequately met.
Social Science Research Network, 2018
Cultural property symbolises a nation’s identity and culture. The Intergovernmental Committee for... more Cultural property symbolises a nation’s identity and culture. The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation (ICPRCP) at its first session declared that dispersal of cultural property terminates the cord that links the present generation to their forbears and prevents the present generation from knowing the specific qualities that distinguish them from others. The creators of these cultural objects are challenged to go after what rightfully belongs to them in order to showcase what they have to offer the world as a touchstone for means of production and life style. Cultural property in the context of this article is as defined in the 1970 UNESCO Convention with its categories reiterated in the 1995 International Institute for the Unification of Private Law (UNIDROIT) Convention. ‘Return’ may refer in a wider sense to restoration, reinstatement and even rejuvenation and reunification. Union de l’Inde contre Credit Agricole Indosuez (Suisse) SA discusses this. Restitution refers to war pillage and stolen property or any unlawful situation. In Iran v Barakat Galleries, the English court ordered the restitution of several very old (at least 2000BC) chlorite artefacts from Jiroft in Iran. To Kowalski, ‘restitution’ relates to takings in wartime and belligerent occupation. The holocaust represents cases of restitution. The UNESCO’s Intergovernmental Committee (IGC) Guidelines for the use of the Standard Form Concerning Requests for Return or Restitution has it that “restitution” should be used in cases of illicit appropriation.” Under the International Conventions on return and restitution of cultural property, Return would be based on Article 7b of the UNESCO Convention and on Chapter III of the UNIDROIT Convention. Restitution is based on Art. 7b of the UNESCO Convention and on Art. 3 of the UNIDROIT Convention. This makes the terminology on the topics ‘return and restitution’ to be clear and unified. ICPRCP was set up to make it possible for countries whose cultural heritage has been dispersed to gather representative collections of the heritage through the return of at least some of the works that have been lost. The ability of those in possession of dispersed objects to return them to their creators would depict an act of fairness, unity and empathy towards the importance of the objects to the creators. The extent of participation of African countries in ensuring that their patrimony is preserved for the unborn is noteworthy hence the reason for this article. This paper will be divided into six parts. The first being this introductory. The second briefly considers Africa and cultural property. The third discusses the ICPRCP and its involvement in preventing illicit trafficking. The fourth discusses the participation of African states in the work of ICPRCP. The fifth reflects on probable reasons for African states very poor state of participation in the work of ICPRCP. The sixth part is the conclusion. Keywords: Sub Saharan African States; Participation; Intergovernmental Committee; Return and Restitution; Cultural Property.
Social Science Research Network, 2013
When there are disputes as to Rights, those concerned sometimes end up in the Court. The law is i... more When there are disputes as to Rights, those concerned sometimes end up in the Court. The law is invariably brought to the fore, however law itself may not be a guarantee to Justice. When the manner by which the law may be applied to the resolution of disputes in the Court is predictable notwithstanding the personalities of those concerned, Justice is easily achieved. This article treats the concept of Justice briefly, discusses the Court in Nigeria, considers what Rules of Courts are, how they are made, the relationship with Practice Directions of Court, the objectives of the Rules of Court and the exercise of Court’s discretion in their application to disputes before the Court. The paper finally proffers recommendations on how to make Rules of Court more functional in the dispensation of justice in Nigeria.
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Papers by Afolasade A Adewumi
It is not strange in our culture when a couple is not forthcoming in producing children years after marriage that you find relatives suggesting to the husband to take a new wife, even when none of the relatives knows if the problem is from the wife or not. Generally, it is often assumed that the fault is from the woman, which may not necessarily be the case.
Infertility is a problem of both sexes. The prevalence of infertility in Nigeria is 20 to 25 percent among married couples, that is, one in every four couples is affected by infertility.
Advanced medical processes have introduced many modern reproductive techniques which allow conception to occur without resorting to normal sexual intercourse. These assisted reproductive methods have helped many couples experiencing difficulty in conceiving naturally to have children. But these technologies tend to be costly and invasive. Their success rates though improving are still low. Most importantly their long term risks to women and children have not been well studied, treating infertility has become a highly competitive business, and the field itself is notoriously under regulated. Many experimental techniques are put into clinical use before they are adequately tested. Other issues raised include payments to encourage economically vulnerable women to provide eggs for other women’s fertility treatment or to become surrogates.
Along with advances in technology comes the need for government guidelines and laws to ensure that those technologies are used safely and responsibly.
It has been observed that as important as the issue of fertility is in Africa and in the world at large, developing countries like Nigeria which are making use of these reproductive techniques such as IVF have no laws regulating their use and even the developed countries that have laws, policies or guidelines for regulating the use of these reproductive technologies have made decisions in relation to in vitro fertilization that may not be in the public’s best interests which may consequentially lead to exposure of women to needless risks.
This thesis would consider if there is any existing legal framework in terms of laws and policies and proffer solutions for the regulation of assisted reproductive technologies. In the light of the forgoing, chapter 1 gives us an insight into what the ideal situation should be from the human rights perspective. Chapter 2 defines infertility and goes on to highlight its causes.
The various types of assisted reproductive technologies commonly used are considered here, focusing on in vitro fertilization birth method. Chapter 3 analyzes and examines contemporary issues accompanying the use of in vitro fertilization (IVF) and other assisted reproductive technologies. Chapter 4 looks into IVF and its attendant risks to women’s health. Chapter 5 suggests a way forward with recommendations and conclusion.
The study adopted jurisprudential theories of natural law, historicism and sociological school and applied legal research methodology. Primary data used were the UNESCO and UNIDROIT Conventions, Constitutions of randomly selected five African states with provisions protecting cultural heritage, cultural heritage legislations of 27 African states and 38 other international instruments. Key informant interviews were conducted with the legal officers involved in the drafting of the UNIDROIT Convention at UNIDROIT secretariat in Rome and heritage law practitioners and scholars at the Art Law Centre, University of Geneva. In-depth interviews were also conducted with politicians, lawyers, judges and members of the public in Ibadan metropolis. Secondary data consulted included legal texts on cultural property and policy documents. Data were subjected to interpretive and comparative analyses.
As at December 2014, only 70.4% and 3.7% of the selected African states had ratified the UNESCO and the UNIDROIT Conventions respectively. None of the States had any legislation specifically aimed at domesticating the provisions of both Conventions. Largely, the provisions of both Conventions have not been implemented. Although South Africa ratified the UNESCO Convention in 2003, the enactment of The National Heritage Resources Act, 1999 predated it. There is no difference in the legislation of states such as Egypt, Nigeria and Zimbabwe that had ratified the UNESCO Convention concerning return and restitution of cultural property and those that had not (Ethiopia, Benin and Kenya). For example, both Kenya’s Antiquities Act 1983 and Egyptian Law
viii
117 of 1983 declared state ownership of cultural property. Lack of awareness among politicians, lawyers and the populace about the benefits derivable from the Conventions, coupled with lack of priority given to the issue of return and restitution of cultural property were some of the factors hindering the efficacy of the Conventions in the African states.
Many African states are yet to maximise the benefits derivable from the UNESCO and UNIDROIT Conventions by not ratifying, domesticating and implementing their provisions. The States need to take steps to enact cultural property specific legislations, strengthen their enforcement mechanisms and maintain control over the cultural property within their territories.
Keywords: Return and restitution of cultural property, Cultural property in African states, 1970 UNESCO Convention, 1995 UNIDROIT Convention.