FACULTY OF LAW
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Item Examination of the legal framework of kidnapping and hostage-taking in Nigeria(Faculty of Law, University of Jos, Jos, Plateau State, Nigeria, 2018) Ibitoye, T. R.The crimes of kidnapping and hostage-taking in Nigeria have evolved from being means of calling the attention of the government towards the marginalization of Niger-Delta Region, to organised crime committed for ransom that violate the fundamental human right of liberty and freedom of movement of a person which pose vital challenge to the security of lives of Nigerian citizens. Hence, this study looks at the history, statistics /incidents, targets, causes and types of kidnapping. It goes further to examine the extant laws of kidnapping and hostage-taking in Nigeria and their lacunae. The study also discusses some challenges of kidnapping and recommends the necessity of making a new law or amending the existing one by filling up some lacunae particularly the punishment section. The government, security agents, and the Nigerian citizens are sensitized to be more proactive, vigilant and security conscious in combating kidnapping and hostage-taking for ransom in Nigeria.Item The medico-legal principle of confidentiality in doctor-patient relationships in Nigeria(2018) Ibitoye, T. R.The bedrock of a doctor-patient relationship is confidentiality, and every person has the right to keep his/her personal information private and confidential from the public. The effect of confidentiality on patients is that it helps patients seeking medical advice to be open with their doctors and trust same that the latter would keep such information secret and will not disclose such to others. However, the duty of confidentiality is not absolute. It can be disclosed where a patient gives his/her consent; or as required by the court of law, statutes; or public interest. Hence, this paper shall define the related concepts of privacy and confidentiality; examine the statutory framework of confidentiality in Nigeria; discuss the principles of confidentiality; instances when confidentiality can be disclosed/waived; and conclude by submitting recommendations on how confidentiality in a doctor-patient relationship can be effectively maintained in Nigeria.Item An examination of the right to health of people living with HIV/AIDS in Nigeria(The Department of Private Law, Faculty of Law, University of Maiduguri, 2017) Ibitoye, T. R.Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) is a serious public health challenge in Nigeria, and the world at large. Anyone and everyone can become its victim as it can be contacted sexually or otherwise such as through blood transfusion, blade, pin or needle. However, some groups of people are more vulnerable to contact the disease than others, and unfortunately, the former’s human rights, particularly, their rights to health have been denied by their loved ones, communities and the government, thus, exposing them to various forms of discrimination and social exclusion. Thus, this article shall discuss the concepts of human rights, right to health, and HIV/AIDS. It will also discuss the complicated relationship between HIV/AIDS and human rights, specifically right to health; and also examine the legal framework on the right to health in Nigeria provided for by international and regional treaties of which Nigeria is signatory, and her local laws. Furthermore, it will consider the vulnerable groups of people living with HIV/AIDS (PLWHA) in Nigeria. Additionally, it will examine the extent to which rights to health are enjoyed by PLWHA in Nigeria. Finally, it will conclude by recommending solutions to the denial of treatment in Nigerian health care institutions.Item An examination of the offences of rape and child defilement in the Nigerian legal system(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria, 2016-12) Ibitoye, T. R.Today in Nigeria, the offences of rape and defilement are on the increase. It has become a source of worry to the government, non-governmental organizations and other stakeholders in the country. The effects of these crimes on the victims can have a long lasting effect that transcends from physical to psychological. Sadly, there is also negative attitude of the society towards the victims which makes it difficult for them in most cases to report their occurrences. Due to poor investigation and some defects in the criminal justice system, most of the reported cases, even where prosecuted, usually end up leaving the accused off the hooks. Witnesses are generally reluctant to come to court to testify especially the victims for fear of being discriminated against in the nearest future, hence, perpetrators of these offences quite often than not go scot free. This paper defines the offences of rape and defilement and examines their elements, such as penetration, consent and corroboration under the Nigerian criminal jurisprudence. It also looks at the effects of the offences on the victims and the society at large. By way of recommendations and conclusion, the paper also suggests pragmatic means to combat these offences and treatment of its victims, drawing on good examples from jurisdictions like United Kingdom and America.Item Cultural and legal perspectives of marital rape issues in Nigeria(Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Jos, Nigeria, 2020) Ibitoye, T. R.Marital rape, also known as, Spousal Rape is a form of domestic violence, public health challenge, and human right issue which occurs whenever a husband has sex with his wife without seeking her consent. It is similar to the offence of rape with the major distinction of the existence of marriage between the parties involved. Although the offence of rape is criminalised in Nigeria, marital rape is not. The major reason for this is not far-fetched: the patriarchy cultural system practiced in Nigeria elevates a husband to the position of dominance while it robs a wife of her privacy, liberty, sexuality and renders her to become her husband’s property, thus, he can ‘lawfully’ rape her in marriage and not act illegally. Due to this, a lot of women '-suffer silently in the hands of their husbands, and some even die. Therefore, in a bid to resolve the problem of marital rape in Nigeria, this article defined some related concepts to marital rape; determined the prevalence of the latter globally; analysed the extant laws on rape and '-non-recognition of marital rape; study the patriarchy cultural system practiced in Nigeria; examined contending issues in the criminalisation/prosecution of marital rape in Nigeria; and concluded with recommendations.Item Breaches of fundamental rights in African states by state agencies during covid-19: an overview(Department of Private Law Faculty of Law, University of Maiduguri, 2020) Ibitoye, T. R.; Ilesanmi, S.Coronavirus (COVID -19) is a global pandemic that affects the respiratory system, hinders easy breathing, may lead to death, and spreads cross-geographically through drops caused by an infected person’s cough, sneeze, or spit. Consequently, it is key for individuals to have free access to the enjoyment of their fundamental human rights at all times. Also, States strive to protect human rights without acting in breach in spite of the pandemic. However, Covid-I9 has justified constraints on the enjoyment of fundamental rights, especially, the» rights to life and health as attempts are made to restrict its transmission via the implementation of quarantine or isolation laws in various jurisdictions. In curbing its spread, many countries, particularly, African states, through the instrumentalities of state agencies, deny people of their rights in so many ways. Hence, this article examines significant International, Regional, and Local Human Rights Instruments on selected five African states; and their applicable Quarantine Laws; their practical responses to Covid-19; breaches committed; and recommends how states can respect human rights during pandemic period experienced in the year 2020.