Private & Business Law
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Item Accessing justice for medical negligence cases in Nigeria and the requisite for no-fault compensation(Department of Private Law, Ahmadu Bello University, Zaria, 2017-09) Tafita, F. M.; Ajagunna, F. O.Item Assisted reproductive technology in Nigeria: tackling the issues of commodification and the dearth of legal regulation(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, 2018-08) Tafita, F. M.; Ajagunna, F. O.Having children is an extremely important event in the life of individuals, particularly married couples. The success and advancement attributed to invention of assisted reproductive technology (ART) in developed countries, and developing countries such as Nigeria has now made it possible for infertile persons and couples who would otherwise have been unable to conceive and bear children to now have children. However, despite the feats and advancement of medical science in this area, infertility or inability to conceive remains a problem of global proportions. In many developing countries, particularly sub-Sahara countries like Nigeria, ARTs and other related services remain ill-regulated and expensive, leading to abuse, exploitation and commodification. This article examines the issue of commodification in various means of assisted reproductive technology, the various abuses of commodification such as the ‘baby factories ’ and sale of babies in Nigeria. The article exposes the challenges facing assisted reproduction and ill-regulation in Nigeria. The article advocates for a specific legislation to curb the nefarious practice of ‘commodification ’ and also, the recognition and promotion of the reproductive rights of infertile individuals and couples to access and benefit from ARTsItem Is there a right to education in Nigeria? appraising the right to basic education in Nigeria(RAFAZ, Jos, 2018-04) Ajagunna, F. O.The right to education is one of the fundamental rights recognized and guaranteed in both international and regional instruments that Nigeria is a signatory to. This right is described categorically in the 1999 Constitution of the Federal Republic of Nigeria as a non-justiciable right by virtue of Section 6(6). This right is also recognized in the Child Rights Act 2003 and the Universal Basic Education Act 2004. Against this background, this article discusses the right to education as a specie of human rights. It adopts a desk review of relevant literature and case law to expatiate on the right to education as a fundamental human right. It leans on the theory of rights to argue that the right to education is a human right which is enforceable via the instrumentality of law and the institution. In doing so, it draws inferences from international legal instruments which advocate for the right to education as a human right. It then concludes that though the Nigerian 1999 Constitution as amended does not recognize the right to education as a justiciable right, however with the enactment of the Universal Basic Education Act in 2004, and by judicial activism via the pronouncement of the Nigerian courts, the right to education is now regarded as an enforceable fundamental human right in NigeriaItem Legal power versus legal rights: isolation and quarantine of infectious diseases in Nigeria(Elizade University, Ilara-Mokin, Ondo State Nigeria, 2018) Ajagunna, F. O.Citizens expect and the law requires that governments take steps to protect their populations from infectious diseases. Yet, many of the controls that governments use to identify, prevent, and respond to infectious diseases limit individuals ‘ liberty of movement, privacy, freedom to travel as well as freedom to control their own bodies. The state has to strike a balance between individual control and acts for the public good. The 1926 Quarantine Act and the 1999 Nigerian Constitutions are the laws enabling the imposition of quarantine and isolation. The Act is however obsolete and unable to meet with the present day demands as it relates to public health emergencies. This paper concludes on the dire need to repeal the Act and enact a dynamic legislation that can meet up with technological advances of the 21s' century, and recommends some salient features which the legislation ought to haveItem Promoting access to assisted reproductive technology in Nigeria through the rights to benefits of scientific progress: an appraisal(Department of Private Law, Faculty of Law, University of Maiduguri, Nigeria, 2019) Ajagunna, F. O.The prevalence of infertility in Nigeria has risen gradually over the years to 30% in 2015. Assisted Reproductive technologies (ART) are therefore relevant to the Nigerian society where infertility is a major problem. The increase in prevalence of infertility has invariably led to increase in number of clinics offering fertility services. However, this increase in fertility clinics has not translated into increased access to ART services. Restricted access to medical treatment for infertility is one of the injustices obtainable in the field of reproductive medicine. Due to many factors, including financial incapacity, some people have easier access to treatment than others. Against this background, this paper explores the intersections between balancing rights to benefits of scientific progress of which ART is and promoting access to ART services for Nigerians through legislation. The paper leans on the utilitarian theory which promotes welfare for the greatest good of all. At present, the cost of obtaining standard procedures in ART range over One Million Naira ($3,290) which is way far above the means of an average Nigerian. This paper answers the question “should ART be regulated by legislation to provide comprehensive health care to allow individuals reap benefits of scientific progress or should it be left as a private sector driven concern where forces of demand and supply dictates its cost and accessibility?” This paper which gives further impetus to research on the legal framework for regulating ART in Nigeria concludes that infertility is a pervasive public health issue in Nigeria which exposes the sufferers to injustice and discrimination socially. Infringement of reproductive rights occurs when access to ART is not available, then via the instrumentality of law and policy, government could offer succor to this segment of the Nigerian society by ensuring cheaper access to ART servicesItem Reparation as a veritable tool for redressing women's reproductive rights violations in armed conflicts in Nigeria(Department of Public Law and Department of Jurisprudence and International Law Faculty of Law, University of Ibadan, 2017) Ajagunna, F. O.In recent times, there has been a remarkable increase in armed conflicts particularly those that are non- international in character. Of the armed conflicts that have taken place since World War II, ninety percent have taken place in developing countries with sub-Saharan African countries experiencing more conflicts than any other region in the world. On most occasions, women and children have been the most affected with various human rights violations and sexual violence crimes. Of these crimes, rape and indecent assault have been the most reported. Judicial systems have often been inadequate in addressing most of these crimes. This article therefore proposes reparations for victims of rape using a transitional justice framework. This article adopts a desk review approach of extant literature on the subject matter. It also relies on field survey reports on the state of armed conflicts globally and in Nigeria. The article identifies the nature of violations of women's reproductive rights and how these impact on their health and well-being. It explores the options of reparations as a means of redressing these violations. In doing so, the article undertakes a comparative approach by examining experiences from Sierra Leone where there were massive violations during conflict from 1991 to 2002. This article exposes the possible challenges associated with adopting reparations mechanism in Nigeria and concludes that, for promoting access to justice in Nigeria, adequate funding and political will have to be in place to ensure sustainability.Item Use of children in the conduct of hostilities: a review(Institute of African Studies, University of Ibadan, 2018) Tafita, F. M.; Ajagunna, F. O.