FACULTY OF LAW
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Item Procedural challenges in the mode of commencement of fundamental right suit under the fundamental rights (enforcement procedure) rules 2009(Faculty of Law, University of Ibadan, Ibadan, 2021) Adeniji, S. A.Under the Nigerian law, human rights are categorized \-s into justiciable and non-justiciable rights and they are contained in Chapters 4 and 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended. In enforcing the justiciable rights, Section 46(3) of the 1999 CFRN, empowers the Chief Justice of Nigeria (CJN) to make Rules for their enforcement. Hence, the CJN made the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009). This paper examines the mode of commencement of an action under the FREPR 2009. It adopts a doctrinal methodology by engaging in textual analysis of FREPR 2009. It finds that under Order II Rule 2 of the FREPR 2009, an application for the enforcement of fundamental rights may be made by any originating process accepted by the court which are writ of summons, petition, originating motion and originating summons. Therefore, it is argued that this provision has created a situation of uncertainty in respect of the mode of commencement of an action. It is recommended that FREPR 2009 be amended to make certain the mode of commencement and that originating motion is preferable.Item The impact of corruption on internally displaced persons in North-Eastern Nigeria(College Press, Lead City University, Ibadan, 2021-12) Onakoya, O.Nigeria, a self-acclaimed most populous country of black people in Africa is not only a heterogeneous nation with not less than 300 ethnic groups and over 500 spoken languages, bin a developing country plagued with numerous challenges. The country, in over a decade now has witnessed rise in terrorism and insurgency activities by a group known as "Boko Haram' and of recent, a "splinter” group of armed herdsmen whose activities have displaced millions of Nigerians and rendered them homeless. The geo-political entity called the Federal Republic of Nigeria is divided into six geo- political zones, but the worst-hit by the activities of the insurgents is the North Eastern Zone of the country, comprising of the following States: Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe. Internally Displaced Persons (IDPs) according to the United Nations Guiding Principles on Internal Displacement, are "persons or group of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalized violence, violations of human rights or natural or human-made disasters and who have not crossed an internationally recognized state border. As citizens of Nigeria, IDPs also deserve and entitle to constitutionally recognized rights as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). However, in spite of 'no choice’ Situation the IDPs found themselves, majority of them prefer to return back to where they were displaced front, even when the Situation they fled front still persists, or cross the border of Nigeria to any other country as refugees rat her than their continued stay at their designated camps. The aforesaid is presumably borne out of challenges such as insecurity, hunger and humanitarian crisis as a whole. This work seeks to probe into the effect of corruption and corrupt practices on the plight of the IDPs in the North-Eastern Nigeria, and its attendant consequences on Nigeria and its neighbouring countries, such as Cameroon, Chad and Niger Republic.Item Corruption as an anathema to human rights laws and practice in Nigeria(Ibadan University Press Publishing House University of Ibadan, 2019-07) Onakoya, O.Corruption. though a universal phenomenon. its menace in Nigeria is alarming as it pervades through every strata of the society with its huge adverse effects on the populace. Over the years. the incidence of corruption has grown to become a 'norm' in Nigeria, with the nation becoming a pariah state in the comity of nations. However. the practice is widely considered to have greater impact on the nation compare to its citizens, it is therefore justifiably domiciled under the Nigerian Criminal Law usually as an offence to be prosecuted by the state on behalf of its citizens. This paper therefore considers the impact/effect of both private and public corruption on the Human Rights Laws and Practice in Nigeria, with emphasis on analysis of corruption as a violation of the entrenched rights of citizens. Critical issues such as legal framework for human rights and various anti-corruption laws were examined. It is observed that successive governments in Nigeria are usually blamed for economic woes and decay in infrastructure, often attributed to incompetence and negligence while its agencies, such as Police Force. Armed Forces. banks. private persons who are active collaborators are often over-looked. The paper therefore concluded that the impact of corruption could only be holistically measured by the rate of violations of the citizens' rights as provided for by the law and same made punishable. It is further submitted that such infringement on the right of persons occasioned by corrupt practices should not only be tried as abuse of rights but also attract some form of compensation for the victims.Item An examination of the legal rights of a surgical patient under the Nigerian laws(Academic Journals, 2009-09) Lokulo-Sodipe, J. O.With the passing of the Universal Declaration of Human Rights, 1948 and signing of the International Covenants on Civil and Political Rights, 1966 and the Economic, Social and Cultural Rights, 1966, there has been a global emphasis on human rights. The issue of patients’ rights has also been brought to prominence with the advent of modern technology and the availability (and use) of artificial measures to prolong life; the evolution of legal rights and duties of patients, an increased concern for the rights of the patients, the increase in number of people affected by HIV/Aids, and a growing population of elderly patients. However, apart from those international instruments setting out human rights, most national Constitutions have equally set out fundamental rights of individual. In this category is the Constitution of the Federal Republic of Nigeria, 1999 which sets out fundamental human rights enjoyable by everyone (any patient inclusive) within the territory of the country. Violation of these rights is enforceable in court and the violator may be liable to pay heavy damages and compensation. This article discusses those rights that centre on the relationship of a patient and his/her healthcare providers, specifically, the rights of a surgical patient in relation to his/her medical doctors, nurses, other health personnel and health institutionsItem The right to qualitative health care in Nigeria: A quest for law reform(2019-07) Lokulo-Sodipe, J. O.Human rights are inherent to all human beings, regardless of their nationality, place of residence, sex, or ethnic origin, colour, religion, language, or any other status. Health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity. The right to health guarantees the right to life, on which other social, economic and political rights are hinged. The right to health involves availability, accessibility, acceptability, and quality of public health and health care facilities, goods and services. The availability of counterfeit drugs is a direct infringement on the right to health, which provides that health care must not only be affordable, accessible and acceptable, but must be of good quality. Nigeria has a robust and comprehensive legal framework. However, their effect is not being felt due to enforcement challenges. The rights of victims to compensation have not been provided for. This paper calls for law reform in this regard, proposing the adoption of the template provided for by the United Nations Guiding Principles on Business and Human Rights (UNGP). The UNGP promotes the principles of ‘protect, Respect and RemedyItem Human right-based approach to disaster risk management(Safari Books Limited, Ibadan, 2018) Adeyemo, D. D.Since the beginning of the 21st century, there has been an increasing trend of disasters caused by natural hazards such as earthquake, tsunami, hurricane, flood etc., and trends in climate change show increasing vulnerability and exposure of people to such disasters. Disasters have huge economic, environmental and social impacts ranging from loss of life, injury, disease displacement and other negative effects on human, physical, mental and social wellbeing, to damage to property, destruction of assets, loss of services, social and economic disruption, and environmental degradation. While disasters predispose victims (especially vulnerable groups such as children, women and persons with disabilities) to human rights violations emanating from disaster impacts, disaster risk management requires a holistic approach which integrates the rights of victims. Disaster risk management encompasses a systematic process of implementing strategies for preparing, responding and recovery from disaster in order to lessen the adverse impacts of hazard and reduce the possibility of disaster. Thus, human rights protection forms an important part of disaster risk management. The United Nations presupposes that human rights principles should guide disaster risk management, ranging from pre-disaster mitigation and preparedness measures to emergency relief and rehabilitation efforts. Even though there are a number of international soft law instruments concerning the rights of victims in disaster and State obligations in disaster prevention and management activities, the operational context of these rules should be explored in order to ensure an effective disaster risk management regime. Human rights may also provide appropriate mechanisms for compensation for preventable disaster losses. This article considers the subject of disaster risk management from a human rights perspective.