Browsing by Author "Adeniji, S."

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Judicial balacing of parental objection to medical treatment on the basis of religious beleifs and children right to life in Nigeria
(2022-06) Eyongndi, D. T.; Adeniji, S.
Children being vulnerable, have special protection uudei the law through their parents 01 guardian who are responsible for them: and make decision- fot them because they lack legal capacity One of these decisions a parent/gunrdian makes i- determining the religion of a child. Once the parent guardian chooses the religion of the child, the child may become bound by its practices throughout childhood While the right of parents to determine the religion of theii children is recognised by domestic regional and international laws, the way courts in Nigeria treat this recognition suggests that the right is nol absolute. This paper adopts the doctrinal methodology 111 interrogating the extent to which Nigerian Courts permit the observation by a child oftlie religious practices ofhis/lier parent in relation to submission to medical treatment in order to protect the child's right to life This papei argues that law and morality are media of social control but have their convergence and divergence. It further argues that sanctity of human life which for many forbids suicide, requites that even adults should not be allowed to object to medical treatment which refusal may lesult in death which can be seen as "disguised suicide" These authors examined the Supreme Court decision m Medical Dental Practitioners Disciplinary Council v Okonkwo and found that: Nigerian Courts recognise parent light to choose their children religion and practices however, any religious practice prejudicial to the child based on the "best interest" principle provided under the Child Right Act and its States equivalent will be jettisoned It examines the practice til Britain and Canada and draw lessons for Nigeria. This paper recommends public enlightenment prohibition of harmful religious beliefs such as objection to life-saving medical procedure by parents for minors as means of balancing parents/guardian right to choose their children religions beliefs and preservation of the children right to life.
Propriety of judiciary staff union of Nigeria strike towards securing the financial autonomy of the judiciary in Nigeria
(Department of Public Law, University of Benin, Nigeria, 2021) Eyongndi, D. T.; Adeniji, S.
This paper adopts the doctrinal methodology in appraising the propriety of the JUSUN strike embarked upon to compel State Governments to' recognise the financial autonomy of the judiciary. Thus, strike action is a last deployed by employees to compel their employer to grant their demands; it is a corollary of the right to freedom of association guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN). The paper examines the provision of the Trade Disputes Act (TDA) as to the prerequisite and grounds upon which employees can embark on strike action, the meaning of trade dispute to ascertain whether the dispute that led to JUSUN strike is a trade dispute. The paper found that, while employees are legally permitted, upon fulfilment of certain conditions, to embark on strike, the strike embarked upon by JUSUN, does not come within the ambit of sections 18, 43 and 48 of the TDA and the dispute pursuant to which the strike is anchored, is not a trade dispute hence, same is therefore illegal It argues that; while judicial officers are unable to "unionise" and embark on strike, the category of judicial staff who are directly affected by the lack of financial autonomy of the judiciary, are regarded as projection of management and therefore ineligible to join or form trade union (JUSUN). Also, despite embarking on an illegal strike, members of JUSUN are paid salaries notwithstanding the provision of the TDA. Giving the commitment shown by the Nigeria Governors Forum (NGF), the Nigerian Bar Association (NBA) and other sympathising stakeholders should implore JUSUN to call of the strike or governors should invoke no work, no pay rule.