AN APPRAISAL OF THE ROLE OF CORPORATE AFFAIRS COMMISSION AS A REGULATORY BODY UNDER NIGERIAN COMPANY LAW

THE ROLE OF NIGERIAN COURTS AND TRIBUNALS IN THE ADMINISTRATION OF JUSTICE

Abstract:

The judicial powers of the Federation and of States are vested in Courts established by section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other courts established for the Federation by an Act of the National Assembly or in case of States, Law made by the relevant State House of Assembly. The Judicial powers gradually, due to increase in litigations and criminal trials beyond the capacity of the regular courts, were no longer exclusive to the Courts but rather had to be shared with tribunals established for particular purposes. This development consequently brought about two parallel systems of adjudicating institutions operating side by side. While some tribunals, like the investment and Securities Tribunal, have justified their establishment by dispensing Justice timeously and by experts in the particular field of the tribunal’s jurisdiction, others seem to have defeated the very essence of their establishment like Code of Conduct Tribunals. Tribunals like the Code of Conduct Tribunal apart from being redundant is seen as an agent of the Federal Government since it is absolutely controlled by the Code of Conduct Bureau, which is directly under the Presidency. This explains the redundant nature of the tribunal as it serves more or less as a stooge of the Presidency from where most of the culprits should have been arraigned. The Laws establishing various tribunals have their inbuilt shortcomings that hinder the trial procedure or occasion unnecessary delays contrary to the very essence of establishing the tribunals. The courts in Nigeria could be said to have contributed in some measure to the development of Law, particularly in the field of animal Law and Constitutional Law. However administration of Justice seems to suffer several challenges. Some of these challenges were attributed to factors associated with adversarial system, coupled with rancorous nature of proceedings and so on. Details of this has been vividly elucidated. The development in respect of funding of Courts has been pointed out.

AN OVERVIEW OF POLICING IN DEMOCRACY AND OBSERVANCE OF HUMAN RIGHSTS BY THE NIGERIA POLICE FORCE

Abstract:

Ever since Nigeria returned to democratic rule in 1999, there appears to be a general consensus that the true tenets of democratic policing and observance of human rights has not been fully realized. Democratic policing emphasized responsive and representative policing, accountability and transparency to the public, preventive and effective in crime control, possessing the requisite education and training as well as professionalism in all respect. All these are sourced from international best practices of what is good policing and given credence by the United Nations and other international instruments. For example, the Code of Conduct for Law Enforcement Officials serves as the model for every police organization that seeks to operate in a free democratic society. Here individual rights are guaranteed even though they are not absolute, but the police, in carrying out its duties, try to balance the equation and follow the “rules of engagement” permitted by law and not otherwise. In Nigeria however, our research findings established that the Nigeria Police Force has not completely detached itself from the apron string of bad policing as a result of ever increasing acts of Torture, cruel, inhuman or degrading treatment, extra-judicial, summary and arbitrary executions arbitrary arrests, excessive use of force, unhealthy detention centers and other human right violations. Nigeria‟s colonial past and the lacunas of the current Police Act have been identified as the militating factors inhibiting effective democratic policing. These obstacles must therefore be jettison in favour of innovative attributes that can boost democratic policing in Nigeria. For this to be achieved, behavioral, administrative and most importantly, legislative reform initiatives must be put in place. This will in no small measure enhanced and sustain good policing, democracy and the observance of human rights

ABRSTRACT

This thesis entitled, ” An appraisal of the tort of medical negligence in Nigeria. In Nigeria, there is very little awareness that medical professional duties carry legal implications. The conduct of professional people in the medical field, positive or negative, does not only affect their employers but impact directly on third parties. Consequently, liability will arise both against the employer and the  employee  professional, in the event of a broach of duty by the  latter  to  act with reasonable care  and deligence. The Law is therefore, well settled that medical men owe duty in tort, i.e. civil wrongs to their patiens whether there is a contract with the patient or not. Unfortunately, this aspect of the laws is not properly exploite in Nigeria especially in the Northern part, due to low level of awareness and cultural norms in which every mishap is attributed to God’s will. Secondly, the cost of litigation is high  and  even with  the undeveloped Legal Aid System in Nigeria, not everybody is eligible for legal aid. And lastly, doctor – patient relationship evidence has shown that family doctors are less likely  to be sued as theey are more likely to have relationship of trust with their patients. Nevertheless, the law of medical malpractice has come to stay in Nigeria even though litigation is on small scale. Victims of medical malpractices have brought actions against medical practitioners in Negligence, criminal law, and in trespass in Nigerian Courts, especially in southern Nigeria. This work starts with an introductory chapter which discusses the objectives of    the thesis, its sccpe, the method by which the research is conducted and the organizational Layout of the thesis. Secondly negligence is discussed as the basis of liability of medial practitioners. Under this, the nature of negligence of medical practitioners is discussed and some instances of civil medical malpractice analysed properly. And finally the liabilities  of quacks and native doctors are also ciscussed. Thirdly trespass and criminal liability of medical practitioners, as well as the liability of hospital managements, are discussed. Fourthly the defences and remedies to tortious liability of medical practitioners, in Nigeria are examined. And finally, we  have the summary (Conclusion) and Suggestions for reforms in  the area of medical malpractice law, especially the tortuous aspect in Nigeria.Download Full Material-N5000