Legal Aid Oyo Journal of Legal Issues is a bi-annual journal published by NYSC Corps Legal Aid CDS Scheme, Oyo State, Nigeria. All comments and reactions should be forwarded to [email protected]
This article focuses on confidentiality of patient " s information by the health care providers. ... more This article focuses on confidentiality of patient " s information by the health care providers. Although the concept is accepted all over the world, not every country has taken steps to do the needful when it comes to confidentiality of patientsínformation. It further seeks to achieve the proper way to keep confidential information of a patient and in what regard should confidential information be transmitted to a third party which would not be considered as a breach. As such, the author is guided by the decisions the foreign courts, opinion of authors, statutory provisions under the Health Act and Medical and Dental Practitioners Code of Medical Ethics in Nigeria. The author submits that, doctors and nurses should uphold the oath which they swore to in order to protect patientsínformation and exercise caution when dealing with a patient " s file. THE CONCEPT OF CONFIDENTIALITY A duty of confidence arises when one person (patient) discloses information to another (healthcare professional), in circumstances where it is reasonable to expect that the information will be held in confidence. There is a fundamental expectation placed on healthcare professionals to keep confidential all information acquired during the rendition of such services to patients. This obligation is depicted in the Hippocratic Oath of the medical practitioners. " What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account one must spread abroad, I will keep to myself, holding such things shameful to be spoken about. " 1 " I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I thread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play God. " 2 This information will often include details about not only themselves, but also about their parents, spouse(s), children and siblings. It is common practice to have for health records to 1 Hippocratic Oath (Classical Version) http://pbs.org/wgbh/nova/body/hippocratic-oath-today.html accessed 15 June 2017 2 Hippocratic Oath (Modern Version)
This article considers the propriety of the statement credited to the Executive Chairman of the F... more This article considers the propriety of the statement credited to the Executive Chairman of the FIRS, Mr Babatunde Fowler (at the meeting of the Joint Tax Board held on 28 November 2016 in Abuja) which gave most Nigerians the impressions that there was a policy and/or regulatory move to make tax compliance a requirement for obtaining the Nigerian passport and/or the renewal of the Nigerian passport. Adopting the black-letter approach, this article argues that the ability of a Nigerian to obtain the " international passport " and/or renew it is a right ancillary to the fundamental right of freedom of movement among other rights under the Nigerian Constitution but not a privilege as some scholars have argued, notwithstanding the " derogation provisions " which tend to handicap such rights. Hence, the article submits that any subtle attempt by the government or any other relevant authority to encroach on this " fundamental right " or affect the exercise of this fundamental right is susceptible to being declared unconstitutional by a court of competent jurisdiction.
Before now, a pregnant woman was regarded as vulnerable and therefore belonged to the category of... more Before now, a pregnant woman was regarded as vulnerable and therefore belonged to the category of persons upon whom death penalty could not be pronounced. The exemption of a pregnant woman from death penalty is consistent with the jurisprudence that the forbearance of a sentence of death on her is for the benefit of the unborn child. However, this exemption has been eroded by Administration of Criminal Justice Act 2015 and other recent laws in Nigeria. This article therefore decries the said erosion in the face of a continued condemnation of death penalty as a form of punishment. The article is broadly divided into four parts; Introduction, Death Penalty; a Jeopardy, Death Penalty on Pregnant Women; a Double Jeopardy and Conclusion. The author considers the position of the law prior to the radical u-turn and concludes by recommending a reversal of the position to the status quo ante bellum and the adoption of a more proactive sentencing.
The corporate personality principle, as is examined in this paper, was developed in the locus cla... more The corporate personality principle, as is examined in this paper, was developed in the locus classicuscase of Salomon v. Salomon. It posits that upon incorporation, a company becomes an entity separate and distinct from its members. This principle has played a very fundamental role in the development of company law as we know it today due to its consistent application by the courts albeit with certain tergiversations as is common with principles developed under the Common Law. Of recent however, its relevance to the modern business world has been questioned. Thus, creating within the legal community the quagmire; " is the Salomon Principle still relevant in today " s business world? " This paper examines the history of the Salomon Principle, its consequences, advantages and disadvantages for business, and the trend in its application with the conclusion that " YES " ; the doctrine of corporate personality as established in the case of Salomon v Salomon still retains its relevance in today " s business world.
In accordance with the digital boom of ecommerce in Nigeria, the Electronics Transaction Bill (ET... more In accordance with the digital boom of ecommerce in Nigeria, the Electronics Transaction Bill (ETB) 2017 settled some uncertainties in ecommerce transactions as regards validity of contracts in ecommerce. However, the Bill does not adequately cater to all aspects of intermediary relationships that arise in same transactions. Using the comparative method, this paper discusses the risks that may be incurred by consumers and liabilities of intermediaries in ecommerce transactions in the European Union with the ETB 2017. The paper posits that the jurisdiction of the internet plays an important role in defining intermediary liability and the author proposes uniform global laws to combat it.
Service of processes is an important step in instituting actions in court. An adverse party must ... more Service of processes is an important step in instituting actions in court. An adverse party must be put on notice of a pending suit against him and afforded the opportunity to defend himself in court. This is to ensure fair hearing and ultimately, justice in the matter 1. The special status of the Federal High Court as one court with territorial jurisdiction extending over the whole federation has long been determined by the constitution 2 , the enabling statute 3 and in a long line of judicial decisions. The only limitation would appear to be the rule of forum non conveniens and respect for boundaries of the judicial divisions. There is a lingering controversy over the laws applicable as well as the effect of non-compliance with the provisions relating to processes issued by the Federal High Court for service interstate. This article analyses the current position of the law as it relates to service of processes issued by the Federal High Court. It examines the Sheriff and Civil Processes Act, the rules of court and case law with a view to determining the applicable laws and requirements for service of processes of the Federal High Court between states and the effect of non-compliance with any such requirements.
This article seeks to x-ray the malady that has bedevilled Nigeria " s nascent democracy and inde... more This article seeks to x-ray the malady that has bedevilled Nigeria " s nascent democracy and indeed rule of law, in a bid to make its leaders carry out their duties with minimal legal distractions. The article focuses on some ouster clauses as may be found in the 1999 Constitution of Nigeria (as amended) and how successive leaders have abused it hence, the author believes that Nigerian leaders will be more responsible if these privileges are curtailed minimally as they currently have no utilitarian value in Nigeria. Furthermore, the author examines how in certain cases, the judiciary have waded in to salvage situations and to keep our rule of law alive
The Legal Profession is one of the most revered professions in Nigeria, and its professionals mos... more The Legal Profession is one of the most revered professions in Nigeria, and its professionals most respected. Every year, the Nigerian law school churns out thousands of new wigs into the legal system, giving the world a façade that the Profession is an overpopulated one in Nigeria. However, research in fact shows that, not only is the Profession grossly under-populated in the global scheme, but even its participants and players are not optimally utilized to harness the fullness of their personal and professional potential, as well as the potential of the overall system. Women and youths, especially, who are the major players in terms of numbers, are given the short end of the stick; and many have left the profession for other more lucrative professions or other more culturally-adaptive positions due to varying challenges. This essay examines the state, impediments and solutions to the harnessing of Women and Youths as human resource within the Legal Profession.
The base or foundation wielding every political entity is domiciled in either a physical or intan... more The base or foundation wielding every political entity is domiciled in either a physical or intangible accumulation of ordinances christened, " constitution ". The constitution is the bedrock of every polity for it defines the structure, system/form of government, laws and the domestic and external character of a state. Being the " mother of all laws " , amending or changing some of its strategic provisions more often than not, is always herculean and brings at loggerhead the profiteers of the " old order " and prospective beneficiaries of the envisaged " new order ". This paper discusses the theme of interest and diffidence in the antecedents of constitutional development in Nigeria; using same paradigm to analyze the present hurdles compounding genuine constitutional/structural change. Secondary evidences are used in supporting certain propositions.
This paper examines the implications of the North East Development Commission bill upon its passa... more This paper examines the implications of the North East Development Commission bill upon its passage into law, on the current government " s struggle at quelling terrorism in the North East region. Adopting the qualitative approach, the work argues that the North East Development Commission Act upon presidential assent and implementation will go a long way at uprooting push and pull factors of terrorism and radical ideologies, thereby, depriving the terrorists readily available pool of apologists, recruits and socioeconomically induced sympathizers. The work therefore recommends that the Bill be granted utmost attention and implemented as a coordinating umbrella for both the " carrot " or soft approach and the " stick " or hard campaigns.
The article takes a neutral's view on the stakeholders in the Nigeria polity through a lens of He... more The article takes a neutral's view on the stakeholders in the Nigeria polity through a lens of Heroes and Villains for artistic effect. It majorly takes a critical look at the ongoing tussle between the Senate and Executive over appointment and confirmation of officers under Section 171 of the Constitution, with Mr. Ibrahim Magu, the acting chairman of the EFCC in focus. The article analyses the author's view of legal questions and social implications arising from the current standoff between both parties. The article concludes by shortly mentioning and discussing the roles played by another actor in the polity, Pretty Mike.
One of the first things a law student is taught as an undergraduate is the canons of interpretati... more One of the first things a law student is taught as an undergraduate is the canons of interpretation and their place in Nigerian jurisprudence. There is no gainsaying that it is an intricate part of legal practice and almost always the silent elephant in the room, because despite the fact that it is not expressly spelled out in the courtroom, both Bar and Bench are well seized of it. In this paper, I go a step further to juxtapose two dispensations of interpretation-the present and the future, drawing on lessons from the past, placing the argument against the pragmatic backdrop of extant commercial realities and examining it under the ultraviolet light of the theory of law as a tool for social re-engineering. In it, I trace the history and trends of statutory interpretation, and make an audacious proposition for courts, which I point out, is not a novel one.
Comprises of all 13 articles published in the Legal Aid Oyo Journal of Legal Issues, Vol.1, Issue... more Comprises of all 13 articles published in the Legal Aid Oyo Journal of Legal Issues, Vol.1, Issue 1. Contributions delved into areas of law such as criminal law principles, practice and procedures, constitutional law and analysis of presidential assented Bills [in Nigeria], health law, internet/technology law and corporate law.
This article focuses on confidentiality of patient " s information by the health care providers. ... more This article focuses on confidentiality of patient " s information by the health care providers. Although the concept is accepted all over the world, not every country has taken steps to do the needful when it comes to confidentiality of patientsínformation. It further seeks to achieve the proper way to keep confidential information of a patient and in what regard should confidential information be transmitted to a third party which would not be considered as a breach. As such, the author is guided by the decisions the foreign courts, opinion of authors, statutory provisions under the Health Act and Medical and Dental Practitioners Code of Medical Ethics in Nigeria. The author submits that, doctors and nurses should uphold the oath which they swore to in order to protect patientsínformation and exercise caution when dealing with a patient " s file. THE CONCEPT OF CONFIDENTIALITY A duty of confidence arises when one person (patient) discloses information to another (healthcare professional), in circumstances where it is reasonable to expect that the information will be held in confidence. There is a fundamental expectation placed on healthcare professionals to keep confidential all information acquired during the rendition of such services to patients. This obligation is depicted in the Hippocratic Oath of the medical practitioners. " What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account one must spread abroad, I will keep to myself, holding such things shameful to be spoken about. " 1 " I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I thread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play God. " 2 This information will often include details about not only themselves, but also about their parents, spouse(s), children and siblings. It is common practice to have for health records to 1 Hippocratic Oath (Classical Version) http://pbs.org/wgbh/nova/body/hippocratic-oath-today.html accessed 15 June 2017 2 Hippocratic Oath (Modern Version)
This article considers the propriety of the statement credited to the Executive Chairman of the F... more This article considers the propriety of the statement credited to the Executive Chairman of the FIRS, Mr Babatunde Fowler (at the meeting of the Joint Tax Board held on 28 November 2016 in Abuja) which gave most Nigerians the impressions that there was a policy and/or regulatory move to make tax compliance a requirement for obtaining the Nigerian passport and/or the renewal of the Nigerian passport. Adopting the black-letter approach, this article argues that the ability of a Nigerian to obtain the " international passport " and/or renew it is a right ancillary to the fundamental right of freedom of movement among other rights under the Nigerian Constitution but not a privilege as some scholars have argued, notwithstanding the " derogation provisions " which tend to handicap such rights. Hence, the article submits that any subtle attempt by the government or any other relevant authority to encroach on this " fundamental right " or affect the exercise of this fundamental right is susceptible to being declared unconstitutional by a court of competent jurisdiction.
Before now, a pregnant woman was regarded as vulnerable and therefore belonged to the category of... more Before now, a pregnant woman was regarded as vulnerable and therefore belonged to the category of persons upon whom death penalty could not be pronounced. The exemption of a pregnant woman from death penalty is consistent with the jurisprudence that the forbearance of a sentence of death on her is for the benefit of the unborn child. However, this exemption has been eroded by Administration of Criminal Justice Act 2015 and other recent laws in Nigeria. This article therefore decries the said erosion in the face of a continued condemnation of death penalty as a form of punishment. The article is broadly divided into four parts; Introduction, Death Penalty; a Jeopardy, Death Penalty on Pregnant Women; a Double Jeopardy and Conclusion. The author considers the position of the law prior to the radical u-turn and concludes by recommending a reversal of the position to the status quo ante bellum and the adoption of a more proactive sentencing.
The corporate personality principle, as is examined in this paper, was developed in the locus cla... more The corporate personality principle, as is examined in this paper, was developed in the locus classicuscase of Salomon v. Salomon. It posits that upon incorporation, a company becomes an entity separate and distinct from its members. This principle has played a very fundamental role in the development of company law as we know it today due to its consistent application by the courts albeit with certain tergiversations as is common with principles developed under the Common Law. Of recent however, its relevance to the modern business world has been questioned. Thus, creating within the legal community the quagmire; " is the Salomon Principle still relevant in today " s business world? " This paper examines the history of the Salomon Principle, its consequences, advantages and disadvantages for business, and the trend in its application with the conclusion that " YES " ; the doctrine of corporate personality as established in the case of Salomon v Salomon still retains its relevance in today " s business world.
In accordance with the digital boom of ecommerce in Nigeria, the Electronics Transaction Bill (ET... more In accordance with the digital boom of ecommerce in Nigeria, the Electronics Transaction Bill (ETB) 2017 settled some uncertainties in ecommerce transactions as regards validity of contracts in ecommerce. However, the Bill does not adequately cater to all aspects of intermediary relationships that arise in same transactions. Using the comparative method, this paper discusses the risks that may be incurred by consumers and liabilities of intermediaries in ecommerce transactions in the European Union with the ETB 2017. The paper posits that the jurisdiction of the internet plays an important role in defining intermediary liability and the author proposes uniform global laws to combat it.
Service of processes is an important step in instituting actions in court. An adverse party must ... more Service of processes is an important step in instituting actions in court. An adverse party must be put on notice of a pending suit against him and afforded the opportunity to defend himself in court. This is to ensure fair hearing and ultimately, justice in the matter 1. The special status of the Federal High Court as one court with territorial jurisdiction extending over the whole federation has long been determined by the constitution 2 , the enabling statute 3 and in a long line of judicial decisions. The only limitation would appear to be the rule of forum non conveniens and respect for boundaries of the judicial divisions. There is a lingering controversy over the laws applicable as well as the effect of non-compliance with the provisions relating to processes issued by the Federal High Court for service interstate. This article analyses the current position of the law as it relates to service of processes issued by the Federal High Court. It examines the Sheriff and Civil Processes Act, the rules of court and case law with a view to determining the applicable laws and requirements for service of processes of the Federal High Court between states and the effect of non-compliance with any such requirements.
This article seeks to x-ray the malady that has bedevilled Nigeria " s nascent democracy and inde... more This article seeks to x-ray the malady that has bedevilled Nigeria " s nascent democracy and indeed rule of law, in a bid to make its leaders carry out their duties with minimal legal distractions. The article focuses on some ouster clauses as may be found in the 1999 Constitution of Nigeria (as amended) and how successive leaders have abused it hence, the author believes that Nigerian leaders will be more responsible if these privileges are curtailed minimally as they currently have no utilitarian value in Nigeria. Furthermore, the author examines how in certain cases, the judiciary have waded in to salvage situations and to keep our rule of law alive
The Legal Profession is one of the most revered professions in Nigeria, and its professionals mos... more The Legal Profession is one of the most revered professions in Nigeria, and its professionals most respected. Every year, the Nigerian law school churns out thousands of new wigs into the legal system, giving the world a façade that the Profession is an overpopulated one in Nigeria. However, research in fact shows that, not only is the Profession grossly under-populated in the global scheme, but even its participants and players are not optimally utilized to harness the fullness of their personal and professional potential, as well as the potential of the overall system. Women and youths, especially, who are the major players in terms of numbers, are given the short end of the stick; and many have left the profession for other more lucrative professions or other more culturally-adaptive positions due to varying challenges. This essay examines the state, impediments and solutions to the harnessing of Women and Youths as human resource within the Legal Profession.
The base or foundation wielding every political entity is domiciled in either a physical or intan... more The base or foundation wielding every political entity is domiciled in either a physical or intangible accumulation of ordinances christened, " constitution ". The constitution is the bedrock of every polity for it defines the structure, system/form of government, laws and the domestic and external character of a state. Being the " mother of all laws " , amending or changing some of its strategic provisions more often than not, is always herculean and brings at loggerhead the profiteers of the " old order " and prospective beneficiaries of the envisaged " new order ". This paper discusses the theme of interest and diffidence in the antecedents of constitutional development in Nigeria; using same paradigm to analyze the present hurdles compounding genuine constitutional/structural change. Secondary evidences are used in supporting certain propositions.
This paper examines the implications of the North East Development Commission bill upon its passa... more This paper examines the implications of the North East Development Commission bill upon its passage into law, on the current government " s struggle at quelling terrorism in the North East region. Adopting the qualitative approach, the work argues that the North East Development Commission Act upon presidential assent and implementation will go a long way at uprooting push and pull factors of terrorism and radical ideologies, thereby, depriving the terrorists readily available pool of apologists, recruits and socioeconomically induced sympathizers. The work therefore recommends that the Bill be granted utmost attention and implemented as a coordinating umbrella for both the " carrot " or soft approach and the " stick " or hard campaigns.
The article takes a neutral's view on the stakeholders in the Nigeria polity through a lens of He... more The article takes a neutral's view on the stakeholders in the Nigeria polity through a lens of Heroes and Villains for artistic effect. It majorly takes a critical look at the ongoing tussle between the Senate and Executive over appointment and confirmation of officers under Section 171 of the Constitution, with Mr. Ibrahim Magu, the acting chairman of the EFCC in focus. The article analyses the author's view of legal questions and social implications arising from the current standoff between both parties. The article concludes by shortly mentioning and discussing the roles played by another actor in the polity, Pretty Mike.
One of the first things a law student is taught as an undergraduate is the canons of interpretati... more One of the first things a law student is taught as an undergraduate is the canons of interpretation and their place in Nigerian jurisprudence. There is no gainsaying that it is an intricate part of legal practice and almost always the silent elephant in the room, because despite the fact that it is not expressly spelled out in the courtroom, both Bar and Bench are well seized of it. In this paper, I go a step further to juxtapose two dispensations of interpretation-the present and the future, drawing on lessons from the past, placing the argument against the pragmatic backdrop of extant commercial realities and examining it under the ultraviolet light of the theory of law as a tool for social re-engineering. In it, I trace the history and trends of statutory interpretation, and make an audacious proposition for courts, which I point out, is not a novel one.
Comprises of all 13 articles published in the Legal Aid Oyo Journal of Legal Issues, Vol.1, Issue... more Comprises of all 13 articles published in the Legal Aid Oyo Journal of Legal Issues, Vol.1, Issue 1. Contributions delved into areas of law such as criminal law principles, practice and procedures, constitutional law and analysis of presidential assented Bills [in Nigeria], health law, internet/technology law and corporate law.
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