HUMAN RIGHTS ABUSES IN THE NIGERIAN PRISON SYSTEM

HUMAN RIGHTS ABUSES IN THE NIGERIAN PRISON SYSTEM: A CASE STUDY OF NIGER STATE PRISON

ABSTRACT 

Prisoners in Nigeria are often perceived and categorized as “outcast”. The belief of many is that, once you are a prisoner, you are automatically a “bad egg” in the society. There is an ill- conceived notion that prison inmates have no rights within the general population. The importance of this research work cannot be over emphasised as it seeks to enlighten the reader of the fact that though there are rights available and at the disposal of prisoners under the Nigerian laws, majority of prisoners, due to one cog or another are unable to have access to and make adequate use of those rights; they are even in most cases unaware of the existence of such rights. This research work shows that there are other abuses going on in our prisons apart from the congestion problem. Such relates to feeding, clothing, bedding, access to health facilities, communication etc. These rights as well as those guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 are very much alive and available to prisoners in Nigeria. The rights may be limited; but prisoners do have a degree of human and civil rights also guaranteed by international conventions and the UN Declarations. Most especially the Standard Minimum Rules for the protection of prisoners. Therefore, prisoners cannot and should not be subjected to cruel and unusual punishment; they are to have full access to due process and equal protection and should not be discriminated against. So this research work, with particular reference to Niger State, to a great extent has been able to: (i) ascertain the extent of prisoners’ rights  abuses and its effects on their lives in prisons in Niger State; (ii) determine the factors responsible for the abuses; (iii) examine the measures that need to be taken to incisively and concisely address all problems of prisoners rights abuses. All these have been achieved through thorough research and findings and accordingly, adequate recommendations have been proffered. The doctrinal and empirical methods of research i.e. books, journals and articles as well as administering of questionnaires was adopted to achieve the desired goal of addressing the pervasive violations of prisoners’ rights.

Download Full Material-N5000

Related Post

A CRITIQUE OF DAVID HUME’S EMPIRICISM

A CRITIQUE OF DAVID HUME’S EMPIRICISM

OUT LINE

CHAPTER ONE: INTRODUCTION

  • 1.1   Background of  study

  • 1.2   Statement of  problem

  • 1.3   Purpose of study

  • 1.4   Significance of  study

  • 1.5   Scope and Scopmethodology

  • 1.6   Methodology

  • 1.7   Literature Review

  •         End Notes

  • CHAPTER TWO: HUME’S LIFE AND THE INTELLECTUAL INFLUENCES ON HIM

  • 2.1   Hume’s life and works

  • 2.2   Intellectual influences on David Hume

  • 2.3   General overview of empiricist philosophy

  •         End Notes

  • CHAPTER THREE: HUME’S EMPIRICISM

  • 3.1   Hume’s theory of empiricism

  • 3.2   Contents of the mind and Association of ideas

  • 3.3   Hume’s concept of causality

  • 3.4   Hume’s attack on metaphysics

  •         End Notes

  • CHAPTER FOUR:     PROBLEMS AND CRITIQUE OF HUME’S EMPIRICISM

  • 4.2   The limitations of the senses as a source of knowledge

  • 4.2   Wrong conception of reality

  • 4.3   A systematic empiricism leads to idealism

  •         End Notes

  • CHAPTER FIVE:PERSONAL REFLECTION

  • 5.1 End notes

  • 5.2 Bibliography

ABSTRACT

One of the never ending processes in life is the process of knowledge acquisition which to the lay man may not constitute any problem as regards how it is acquired. But to philosophers, from time past this has constituted serious debacles. However, in philosophy, it has become the special concern of epistemology one of it’s branches to analyze how knowledge is acquired.

Epistemology has rationalism and empiricism as its most outstanding schools. These two schools in analyzing how knowledge is acquired have come to be the opposite of each other, because while rationalism hold that knowledge comes through reason,empiricism on the other hand holds that it comes through sense-experience. In this long history of philosophy, however, David Hume has remained the most consistent empiricist and for some reasons, we deemed it necessary to make the aim of this work be the critical analysis of David Hume’s theory of empiricism so that in the end we would have demonstrated whether it exhausts all possible knowledge of reality or not.

Now our problem is what must have led to Hume’s radical position that sense-experience is the only possible guide to the acquisition of knowledge that is certain? We however, discover that it is not unconnected to the fact that the search for knowledge that is certain, which Aristotle shifted to concrete objects through experimentation and which also cut through the time of John Locke and George Berkeley who laid emphasis on perception, influenced Hume to a great extent. Therefore by building on the philosophy of Locke and Berkeley which emphasized sense perception, Hume came to develop his radical position about sense experience as the limit of human knowledge.

In this, Hume categorized the objects of human reason into relations of ideas and matters of facts and he concentrated on the latter which he argued can only be ascertained through sense-experience. He went further to hold that these sense-experiences are acquired as impressions that is at the time of direct contact with an object, and later as ideas when the mind reflects on the impressions.

Analytically one discovers that impressions are however Humes only guarantee for measuring reality, even the ideas in the mind he argued must conform to these impressions so as to be considered as guaranteeing knowledge as real. In short, for something to be considered as real, it must generate impression.

Hume argued, causality can not be real because in reality, only what we experience are the proceeding and succeeding events separately and not any causal relation between the two events. All other metaphysical concepts are not real because they do not generate impressions and therefore cannot be experienced. To demonstrate his utter rejection of metaphysics, Hume campaigned for the burning of every book that contains metaphysics.

In spite of all these, Hume’s rejection of metaphysics was an unsuccessful exercise because Hume used the method of knowledge acquisition through sensation which does not apply to metaphysics.

Then come our wonder, why should sense-experience be the only standard of the measurement of reality for Hume? Are the senses not fallible? Of course, they are. Hardly do two people perceive on thing the same way, what of illusions and hallucinations, all these demonstrates that the senses furnish us most times with appearances and not reality. It therefore amounts to wrong conception of reality as guaranteeing reality.

What the sense furnish us with has to be moderated by human reason before they are considered, qualified as certain knowledge.

CHAPTER ONE/INTRODUCTION

BACKGROUND OF THE STUDY

The search for knowledge that is both absolute and certain has been continuous. However, since at least the time of Aristotle, there has been a strong epistemological tradition based mainly on human experience, which is not directed towards the possibility of achieving absolute knowledge.

This tradition is a typical example of the doctrine of empiricism. Empiricists argue that it is unreasonable to set a goal of absolute and all-inclusive knowledge, especially when there is close at hand the power to increase practical knowledge by slower but dependable methods.

Empiricist are content in building a system of knowledge that has a high probability of being true even though it’s absolute certainty cannot be guaranteed.

David Hume is one of the greatest empiricists in the history of epistemology and metaphysics who has distinguished himself as a consistent and coherent radical empiricist.

According to him, the only true knowledge is experimental, and any concept that is not available to sense perception is mere fanciful thinking.

The only abstract objects of the abstract science or of demonstration are quantity and number, and all attempts to extend this more perfect species of knowledge beyond these bounds are mere sophistry and illusion.With an ideological ferocity, he calls for a book-burning campaign of any metaphysical work.

He proclaims:

When we run over libraries persuaded of these (empirical) principles, what havoc must we make? If we take in our hand any volume: of or school metaphysics, for instance lets ask does it contain any abstract reasoning containing quantity or number? No. Does it contain any experimental reasoning concerning matter-of-fact and existence? No. Commit to it to the flames: for it can contain nothing but sophistry and illusion.

Hume’s proposal of vigorous sensism as an alternative to our natural and acquired scientific, metaphysical and socio-cultural deposits, creates more problems than it resolves. It withers all foundation of science and philosophy. It leaves us in make-shift, sandy subjectivism of dry empiricism.

David Hume’s empiricism within the context of knowledge is great, but a consistent empirist will end up destroying the very foundation of knowledge. The epistemological, scientific and ontological heritage of humanity is we think more than a series of impressions.3 To reduce them as bundles of impressions. To reduce them as bundles of impressions as Hume would want to believe is myopic.

The above as a way of introduction forms the background of our study. 

1.2   STATEMENT OF THE PROBLEM

There are problems in Hume’s theory of empiricism. The major one arises in an attempt to answer the question of how reliable is our senses. Very often, our senses deceive us. This is true when we see a mirage, in the changing size of objects according to our psychological and physiological state, in hallucination and other forms of illusions.

The problem is that there is no way of immediately differentiating the real from the unreal in such situations. The mirage for example is an effect caused by hot air in deserts or on roads, that makes you think you can see something, such as water, which is not there.

Now the question is, how do we differentiate between a true sense experience from a false or illusory sense experience?

Thus, arises the famous arguments from illusion which places doubts on the reliability of sense experience. 

1.3   PURPOSE OF THE STUDY

It has already been pointed out that David Hume maintained a radical stand in his position on knowledge acquisition by maintaining that knowledge comes only from sense experience. He did this by drawing out the problems inherent in reason as a source of knowledge.

The purpose of this study is therefore to examine David Hume’s position and also to show that in as much as we agree that human beings acquire knowledge through senses experience, sense experience alone cannot constitute or guarantee knowledge. Just as Jacques Maritain pointed out that every philosophical system contains some truth and tells something about the real, some philosophies however exaggerate their claims and this is where they then run into problems. This is so with David Hume, he ran into this kind of problem and this was because though knowledge can be acquired through sense experience, he exaggerated the position by maintaining that knowledge can only come through sense experience.

It therefore becomes part of the purpose of this study to point out some of these problems as we can in order to show that though sense experience leads to knowledge, however knowledge does not stop there after there are some limitations to the senses in epistemological procedure so that whatever information we receive through the senses are subjected to judgment before it is accepted.

1.4   SIGNIFICANCE OF THE STUDY

When this work is completed, it is our hope that it is going to be of importance in the sense that at least we would have succeeded in bringing to light some of the very important aspects of David Hume’s empiricism and at the same time would have also succeeded in pointing out problems inherent in it.

The work will equally be of help or assistance to students who will want to do some works in the area of David Hume’s empiricism as it will provide some aid to them by providing them with a kind of insight into the nature of Hume’s empiricism. But we must point out here that this work should not be taken as all there is in Hume’s empiricism. But where however, we could not cover, the references. That appear at the end of the work will therefore be adequate to direct or refer students to where information as regards those areas will be gathered.

To people who may not be doing works on David Hume`s Empiricism; to non-philosophers, who may thus be reading for knowledge acquisition or for pleasure, this work will equally be of immense help as the approach that will be adopted here and the choice of works will not be difficult to understand. 

1.5   SCOPE AND METHODOLOGY

We have already shown from the title of this work that this work is concerned with providing a critique of David Hume’s empiricism. However, just as it is done in every critical study, we are not going to rush into the criticism just like that, we therefore will have a guide or focus as regards what to criticize. Hume’s empiricism itself is to provide the guide because, as we are going to criticize it, we will have to present his empiricism so as to point out what it entails. After doing this, we will then know how to anchor our criticism to the problems we will observe, having discovered the nature of Hume’s Empiricism.

1.6   METHODOLOGY

The method to be adopted in this work is that of critical study. As the work is on David Hume’s empiricism, the method will therefore be, first of all to present a general overview of empiricism. After this we will then narrow our attention down to Hume’s notion of the subject matter empiricism. It will be after presenting these that we will therefore settle down to criticize.

For the purpose of convenience however, our criticism is going to be in two phases.  The first phase will be to provide the attacks which had been leveled against Hume’s empiricism by other people, this is because we are quite aware that Hume’s empiricism has come under attacks over the years.

The second phase of the criticism will therefore be our own criticism. We will here point out as will be able, some of those problems Hume’s empiricism are shrouded with due to Hume’s radical position, and based on these, we will therefore draw our criticisms against his empiricism.

1.7   LITERATURE REVIEW

Our aim here is to provide the reader with the knowledge of some of the texts used in this work. But first of all, David Hume’s book constitute primary literature.

In his book, “An Enquiry Concerning Human Understanding” edited by Eric Steinberg and published by Hacket Publishing Company, Indianapolis in 1977,4 David Hume was bent on demonstrating that an enquiry, the objects of human reason will be discovered to include only relations of ideas and matters of fact. These are only two categories under which any knowledge that is certain can be placed. All issues dealing with numbers are intuitively certain and therefore under “relations of ideas” where anything discoverable by experience is under “matters of fact”.

Also, in another book, “David Hume and problem of reason; recovering – the human sciences” (published by Yale University Press in 1990)5, John Danford explained how skepticism concerning the ability of reason to lead to knowledge acquisition led to Hume’s position was to show that when reason is cut loose or severed from experience, it can only generate irresolution and confusion.

In the book, A Critical Account of the philosophy of Kant, published by James Maclehose in 1876,6 we see Edward. Caird showing Hume claims about the passivity of the mind in knowledge acquisition on through the ”association of ideas”. Here the mind is shown as not actively dealing with given materials to come up with knowledge but as finding already in the very data of sensation certain natural relations or associative principle by virtue of which one idea calls up another and therefore present a clear picture of something to the mind.

 

 

END NOTES

  1. David Hume, An Enquiry Concerning Human Understanding, edited by Eric Steinberg, (Indianapolis: Hacket Publishing Co. 1977), p. 112.
  2. Ibid pg. 114.
  3. Pentaleon Iroegbu, Metaphysics: The Kpim of Philosophy, (Owerri): International Universities Press, 1995), p. 179.
  4. Op Cit.
  5. John W. Danford, David Hume and the Problem of Reason; Recovering the Human Sciences (New Haven and London: Yale University Press. 1990) p. 85.
  6. Edward Caird M.A, A Critical Account of the Philosophy of Kant (Glosgow: James Maclehose 1877), pp. 67-68.
Download Full Material-N5000

INDIVIDUAL PROPERTY HOLDING: A COMPARATIVE STUDY BETWEEN CAMEROON AND NIGERIA

INDIVIDUAL PROPERTY HOLDING: A COMPARATIVE STUDY BETWEEN CAMEROON AND NIGERIA.

ABSTRACT

Property is very important in our society today. Property is held by various groups and the individual is no exception. Generally, lawyers and economists are well acquainted with the prominent role of property not only in the economy of any given jurisdiction but also i t ‘ s Socio-political significance. Despite this awareness,, the activities of the informed groups of the Nigerian and Cameroonian communities do not reflect any serious concern for the prospects of individual property holding. Today, due to modern developments such as population increase, the desire for high living standards, education, introduction of cash economy, individual property holding has gained tremendous grounds. Even though individual property holding is a recent development, i t s evolution can however be traced. The purpose of this research work is therefore aimed at making a comparative study on the individual property holding between Cameroon and Nigeria, tracing i ts development from pre -Colonial era up to present day. i xii The, research will Commence with an examination of the historical background of property holding in both countries prior to the introduction of European statutory land tenure laws. Attempt will be made to define property, the determination of the scope and the method of approach to the research. Material was got by consulting books, newspapers, articles, journals, publications relevant to the field of study. Furthermore, information was got from the Bamenda High Court and Court of Appeal, and the Lands and Survey Office in Bamenda. Some general discussions on the subject were made with some family heads in Bafut. A sketch map has been drawn to locate the position of former West Cameroon, The research considers the classes of property holdings under customary law, like the communal, family and individual holdings. The research reveals that, individual property holding was rare in precolonial era, but it is now the rule and not the exception.. The recent development of individual property holding is due to Socio-economic development in our society. \ xiii The work also examines the present land tenure reforms in Cameroon and Nigeria in general and the individual tenure in particular. It further examines the techniques adopted in fitting the various categories of individual property in these countries into the framework of the present land legislation . The disposition of rights in individual propertywill be discussed. This will be done by examining the quantum of rights acquired by the individual, the restrictions imposed on such rights by the appropriate authorities and the transferability of these rights. Individual rights in property could be transferred in many ways, amongst which are gift, lease, mortgage, sale, bequeath. Finally, the last chapter will draw conclusions from the results arrived at in the preceeding chapters. The nature of the evolution of individual property holding will be considered and recommendations proposed.

Download Full Material-N5000

A CRITICAL ANALYSIS OF THE POWERS OF THE TAX APPEAL TRIBUNAL UNDER THE FEDERAL INLAND REVENUE SERVICE ACT, 2007 IN THE SETTLEMENT OF TAX DISPUTES IN NIGERIA

A CRITICAL ANALYSIS OF THE POWERS OF THE TAX APPEAL TRIBUNAL UNDER THE FEDERAL INLAND REVENUE SERVICE ACT, 2007 IN THE SETTLEMENT OF TAX DISPUTES IN NIGERIA

Abstract:

A critical appraisal of the powers of the Tax Appeal Tribunal (TAT) in the settlement of Tax disputes in Nigeria stems from the fact that taxation is fast becoming the pivot and bane of Nigeria’s Development. This research examined the legal frame work that established and clothed this tribunal with powers, functions and jurisdiction of the TAT.The limitations which possess as challenge to the operation of the TAT was highlighted. These are the jurisdictional conflict between the TAT and the Federal High Court, composition of the members of the TAT in the light of Section 36(1) of the 1999 Constitution (As amended), the insertion of an ouster clause preventing one from challenging the propriety or otherwise of the appointment of a Tax Commissioner and the limited right of Appeal to the Federal High Court on points of Law.The Research also examined laws on the defunct Body of Appeal Commissioners (BAC) and Value Added Tax Tribunal (VAT-T) the predecessor bodies to the TAT with a view to distinguishing them from the TAT, the application of the legal frame work on the operation of the TAT, establish findings and make recommendation on problems and challenges. Also discussed was the reason for examining the powers, functions and jurisdiction of the TAT. This is so because of the fact that this body has a lot to contribute in enhancing the revenue profile of the government in amicable settlement of tax disputes. Therefore, this research x-rayed the problems and challenges facing the TAT and proffer suggestions in tackling these problems which will better place the tribunal as a mechanism of tax compliance. The Research is doctrinal in nature using primary and secondary authorities. This study made some findings which pose as serious challenges to the smooth operation of the TAT. These are: the constitutional conflicts between the TAT and the Federal High Court over taxing and revenue matters of the Federal government in the light of the exclusive jurisdiction of the Federal High Court as seen in Section 251 of the 1999 Constitution(As amended), constitionality of the composition of the TAT, the insertion of an ouster clause which ousts the jurisdiction of the court of law from entertaining any question with regards the validity or otherwise of the appointment of a TAT Commissioner and Appeal from the TAT to the Federal High Court on points of Law. These challenges have continued to elicit legal actions before the various courts in Nigeria. Recommendations have also been proffered such as an amendment to the Federal Inland Revenue Service (Establishment) Act, 2007 and the Federal High Court Act, 2005 to make the TAT a division of the Federal High Court with the both judges and non-judges who will sit as Assessors in the tribunal, hence an amendment to paragraph 2(1) of the Fifth Schedule to the FIRS (Est.) Act removing the appointment from the Minister of Finance to a committee from Ministries of Finance and Justice. The removal of the ouster clause in paragraph 8 of the Fifth Schedule and making appeal lie directly from the TAT to the Court of Appeal

Download Full Material-N5000