Pub Date : 2020-06-30DOI: 10.53982/alj.2020.0801.01-j
Precious O. Fasuyi, Mary Olajide
Domestic violence has been identified as a human rights issue, and as such, it may result in violations of the victim's right to life, personal freedom, security, and freedom from torture or inhumane, cruel treatment. Over the years, societies and legal systems have placed focus on the eradication of domestic violence against women, while this serves a humanitarian purpose; violence against men has been neglected. Recent studies assert that domestic violence is a human problem rather than a gender problem. The aim of this paper is to examine the concept of domestic violence as a gender inclusive term, discuss the types and causes of domestic violence and the legal protection of men as victims of domestic violence. The research methodology adopted in this work is the doctrinal and qualitative methodology. It was found in the course of this research that there is an ever-increasing case of violence against men, with most of the cases underreported. In view of these, this paper concludes that the laws and government response are mostly inadequate. It is recommended that there is a need to recognise the fact that men are also victims of domestic violence, as this will be the very first step in unravelling the problem of domestic violence. In addition, there is also a need for the establishment of governmental agencies, training for enforcement officers who may be involved in the reporting process and public enlightenment for men to speak up.
{"title":"The Legal Protection of Men as Victims of Domestic Violence in Nigeria","authors":"Precious O. Fasuyi, Mary Olajide","doi":"10.53982/alj.2020.0801.01-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.01-j","url":null,"abstract":"Domestic violence has been identified as a human rights issue, and as such, it may result in violations of the victim's right to life, personal freedom, security, and freedom from torture or inhumane, cruel treatment. Over the years, societies and legal systems have placed focus on the eradication of domestic violence against women, while this serves a humanitarian purpose; violence against men has been neglected. Recent studies assert that domestic violence is a human problem rather than a gender problem. The aim of this paper is to examine the concept of domestic violence as a gender inclusive term, discuss the types and causes of domestic violence and the legal protection of men as victims of domestic violence. The research methodology adopted in this work is the doctrinal and qualitative methodology. It was found in the course of this research that there is an ever-increasing case of violence against men, with most of the cases underreported. In view of these, this paper concludes that the laws and government response are mostly inadequate. It is recommended that there is a need to recognise the fact that men are also victims of domestic violence, as this will be the very first step in unravelling the problem of domestic violence. In addition, there is also a need for the establishment of governmental agencies, training for enforcement officers who may be involved in the reporting process and public enlightenment for men to speak up.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126183250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-30DOI: 10.53982/alj.2020.0801.10-j
Effiong A. Esu
Modern day government is designed to reduce concentration of power, promote personal liberty and prevent abuse of power. Many Constitutions are therefore crafted to provide for distribution of governmental powers, separation of powers, checks and balances. This is a notable feature of the 1999 Constitution of Nigeria which has prescribed the scope and limits for each arm of government, and areas to integrate the dispersed power into a workable government. Recently, the Supreme Court of Nigeria in Attorney-General of Abia State & 35 ors v. Attorney General of the Federation nullified Executive Order 10 issued by the President of the Federal Republic of Nigeria which sought to grant financial autonomy to the state judiciary and legislature. The judgment of the apex Court has raised a number of constitutional issues which are germane to our constitutional democracy. It has brought to the fore the need for each organ to be independent within its own domain and no one organ of government has supervisory power or control over other arms. It espoused the sanctity of the doctrine of separation of powers, checks and balances as desirable under the Nigerian Presidential Constitution. The confusion associated with the advent of executive orders requires urgent clarification not only for the citizens but the operators of the constitution. This paper adopts the doctrinal research methodology and critically analyzes the constitutional provisions on the law-making power of the executive arm, separation of powers, and draws experiences from advanced constitutional democracies. It concludes that the 1999 constitution recognizes some level of integration and interaction amongst the different arms of government, and maintains a delicate balance to avoid concentration of power. It is therefore the responsibility of each arm of government to operate within its area of competence and respect the limit prescribed by the constitution.
{"title":"Examination of the Lawmaking Power of the Executive Arm of Government, Separation of Powers, Checks and Balances under the Nigerian Constitutional Democracy","authors":"Effiong A. Esu","doi":"10.53982/alj.2020.0801.10-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.10-j","url":null,"abstract":"Modern day government is designed to reduce concentration of power, promote personal liberty and prevent abuse of power. Many Constitutions are therefore crafted to provide for distribution of governmental powers, separation of powers, checks and balances. This is a notable feature of the 1999 Constitution of Nigeria which has prescribed the scope and limits for each arm of government, and areas to integrate the dispersed power into a workable government. Recently, the Supreme Court of Nigeria in Attorney-General of Abia State & 35 ors v. Attorney General of the Federation nullified Executive Order 10 issued by the President of the Federal Republic of Nigeria which sought to grant financial autonomy to the state judiciary and legislature. The judgment of the apex Court has raised a number of constitutional issues which are germane to our constitutional democracy. It has brought to the fore the need for each organ to be independent within its own domain and no one organ of government has supervisory power or control over other arms. It espoused the sanctity of the doctrine of separation of powers, checks and balances as desirable under the Nigerian Presidential Constitution. The confusion associated with the advent of executive orders requires urgent clarification not only for the citizens but the operators of the constitution. This paper adopts the doctrinal research methodology and critically analyzes the constitutional provisions on the law-making power of the executive arm, separation of powers, and draws experiences from advanced constitutional democracies. It concludes that the 1999 constitution recognizes some level of integration and interaction amongst the different arms of government, and maintains a delicate balance to avoid concentration of power. It is therefore the responsibility of each arm of government to operate within its area of competence and respect the limit prescribed by the constitution.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126593539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-30DOI: 10.53982/alj.2020.0801.09-j
Abiola Adekunle Saheed
The recent court queues, rising costs of litigation, congestion in prisons, expensive nature of management of prisons and time delays has continued to affect the administration of criminal justice system in Nigeria. There is therefore the need to fashion out alternatives to administration of criminal justice. These alternatives if effectively used in the administration of criminal justice system, it will not only reduce the congested nature of our prisons but also reduce the workload of the courts. It is against this backdrop that this paper seeks to examine the effective regime of the application of Condonation, Compounding of offences and Plea bargaining as veritable Alternative Dispute Resolution (ADR) Mechanisms. This paper adopted historical and analytical approaches through the use of primary and secondary documents as contained in published and unpublished materials. The paper revealed that compounding of offences even though it predated plea bargain, Nigeria has not yet made clear and general provisions on compounding of offences under the Penal Laws. The paper concluded that compounding of offences, condonation and plea bargaining are veritable alternative dispute resolution mechanisms embedded in the administration of criminal justice system. It was recommended among others that a uniform and generally applicable law should be enacted on condonation, compounding of offences and Plea bargaining in Nigeria, harmonization of our substantive criminal laws and procedural Criminal Codes in Nigeria and a more suitable sentencing guidelines for plea bargaining.
{"title":"Towards an Effective Regime of the Application of Condonation, Compounding of Offences and Plea Bargaining as Veritable Alternative Dispute Resolution (ADR) Mechanisms","authors":"Abiola Adekunle Saheed","doi":"10.53982/alj.2020.0801.09-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.09-j","url":null,"abstract":"The recent court queues, rising costs of litigation, congestion in prisons, expensive nature of management of prisons and time delays has continued to affect the administration of criminal justice system in Nigeria. There is therefore the need to fashion out alternatives to administration of criminal justice. These alternatives if effectively used in the administration of criminal justice system, it will not only reduce the congested nature of our prisons but also reduce the workload of the courts. It is against this backdrop that this paper seeks to examine the effective regime of the application of Condonation, Compounding of offences and Plea bargaining as veritable Alternative Dispute Resolution (ADR) Mechanisms. This paper adopted historical and analytical approaches through the use of primary and secondary documents as contained in published and unpublished materials. The paper revealed that compounding of offences even though it predated plea bargain, Nigeria has not yet made clear and general provisions on compounding of offences under the Penal Laws. The paper concluded that compounding of offences, condonation and plea bargaining are veritable alternative dispute resolution mechanisms embedded in the administration of criminal justice system. It was recommended among others that a uniform and generally applicable law should be enacted on condonation, compounding of offences and Plea bargaining in Nigeria, harmonization of our substantive criminal laws and procedural Criminal Codes in Nigeria and a more suitable sentencing guidelines for plea bargaining.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123876988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-30DOI: 10.53982/alj.2020.0801.07-j
Richard Suofade Ogbe
There have been efforts at evaluating the causes of global poverty vis a vis crime against humanity. The gap between rich and poor has increased over the years in the world. Crime against humanity is an offense in international criminal law that comprises various acts such as murder, extermination, enslavement, torture, forcible transfers of populations, imprisonment, rape, persecution, enforced disappearance, and apartheid, among others. States are obligated to guarantee the welfare and security of their citizens by carrying out programmes meant to eradicate poverty. Many states in the world have failed in this regard. The conversation as to whether global poverty can be taken as a crime against humanity appears to be mere rhetoric. This paper seeks to argue that there are cogent reasons why global poverty should be taken as a crime against humanity because poverty makes people sick, and dehumanizes the human person. This is particularly based on the standard and guidelines adopted in defining crimes against humanity as encapsulated in international laws, especially the Rome Statute of the International Criminal Court and International Military Tribunal for the former Yugoslavia. This paper submits that the causes of global poverty are comparable with the crimes of slavery, torture, murder, etc because poverty in itself is a massive crime against humanity. The international community must hold to account the few privileged and rich persons whose economic activities perpetuate poverty in the world and treat them in the same way the perpetrators of rape, torture, enslavement, murder, and extermination are treated. This is a sure way the global poor's right to good and meaningful life can be guaranteed. The international community should continue to protect the poor from the horrible institutions and poverty inflicted upon them by the few rich and privileged persons in the world. This paper, therefore, seeks to conceptually clarify the connection between poverty and human rights from an international human rights law perspective.
{"title":"The Jurisprudence of Crimes against Humanity and Global Poverty","authors":"Richard Suofade Ogbe","doi":"10.53982/alj.2020.0801.07-j","DOIUrl":"https://doi.org/10.53982/alj.2020.0801.07-j","url":null,"abstract":"There have been efforts at evaluating the causes of global poverty vis a vis crime against humanity. The gap between rich and poor has increased over the years in the world. Crime against humanity is an offense in international criminal law that comprises various acts such as murder, extermination, enslavement, torture, forcible transfers of populations, imprisonment, rape, persecution, enforced disappearance, and apartheid, among others. States are obligated to guarantee the welfare and security of their citizens by carrying out programmes meant to eradicate poverty. Many states in the world have failed in this regard. The conversation as to whether global poverty can be taken as a crime against humanity appears to be mere rhetoric. This paper seeks to argue that there are cogent reasons why global poverty should be taken as a crime against humanity because poverty makes people sick, and dehumanizes the human person. This is particularly based on the standard and guidelines adopted in defining crimes against humanity as encapsulated in international laws, especially the Rome Statute of the International Criminal Court and International Military Tribunal for the former Yugoslavia. This paper submits that the causes of global poverty are comparable with the crimes of slavery, torture, murder, etc because poverty in itself is a massive crime against humanity. The international community must hold to account the few privileged and rich persons whose economic activities perpetuate poverty in the world and treat them in the same way the perpetrators of rape, torture, enslavement, murder, and extermination are treated. This is a sure way the global poor's right to good and meaningful life can be guaranteed. The international community should continue to protect the poor from the horrible institutions and poverty inflicted upon them by the few rich and privileged persons in the world. This paper, therefore, seeks to conceptually clarify the connection between poverty and human rights from an international human rights law perspective.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131398588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.09-j
K. O. Onu
The Responsibility to Protect (R2P) is an international legal principle that places both general and customary international law obligation on States to protect their own citizens from mass atrocity core crimes of genocide, war crimes, crimes against humanity and ethnic cleansing. This paper adopts doctrinal research method in examining the legal and institutional challenges to the global implementation of the R2P principle. This paper finds that there exist some teething legal and institutional challenges that affect the effective implementation of the principle.Implementation has been mixed as the case studies shows. Where it had been implemented, as in Libya, the result was quite limited while in situations where it has not been implemented at all, as in Syria, it calls to question the genuineness and integrity of the legal, political and moral commitment of the international community of States to end atrocious crimes in many troubled regions of the world.Conclusively, the R2P principle is an emerging customary rule of international law but has yet to attain full status of “jus cogens” peremptory norm of international law.The paper therefore recommends that an advisory body be established by the United Nations to advise States on the limitation of the R2P principle. It is also recommended that building institutional capacity and preparedness by States backed by greater cooperation between States, the international community and international organizations to implement the R2P principle is central to guaranteeing an effective R2P regime that is properly implemented in a timely manner. It also recommends measures to remove the legal and political uncertainties surrounding the outer bounds and limits of the principle arguing for inclusion of environmental crimes and natural disasters as grounds for invocation of R2P.
{"title":"The Legal and Institutional Challenges to the Implementation of the R2P Principle","authors":"K. O. Onu","doi":"10.53982/alj.2019.0701.09-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.09-j","url":null,"abstract":"The Responsibility to Protect (R2P) is an international legal principle that places both general and customary international law obligation on States to protect their own citizens from mass atrocity core crimes of genocide, war crimes, crimes against humanity and ethnic cleansing. This paper adopts doctrinal research method in examining the legal and institutional challenges to the global implementation of the R2P principle. This paper finds that there exist some teething legal and institutional challenges that affect the effective implementation of the principle.Implementation has been mixed as the case studies shows. Where it had been implemented, as in Libya, the result was quite limited while in situations where it has not been implemented at all, as in Syria, it calls to question the genuineness and integrity of the legal, political and moral commitment of the international community of States to end atrocious crimes in many troubled regions of the world.Conclusively, the R2P principle is an emerging customary rule of international law but has yet to attain full status of “jus cogens” peremptory norm of international law.The paper therefore recommends that an advisory body be established by the United Nations to advise States on the limitation of the R2P principle. It is also recommended that building institutional capacity and preparedness by States backed by greater cooperation between States, the international community and international organizations to implement the R2P principle is central to guaranteeing an effective R2P regime that is properly implemented in a timely manner. It also recommends measures to remove the legal and political uncertainties surrounding the outer bounds and limits of the principle arguing for inclusion of environmental crimes and natural disasters as grounds for invocation of R2P.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"50 26","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131500232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.01-j
E. S. Olarinde, Udosen Jacob Idem
At common law and in Nigeria, hearsay evidence arises where a witness in his own testimony makes a statement, oral or written made by another person who experienced, heard and saw an incident happen in order to establish the truth asserted. Such testimony is generally inadmissible because the informant who witnessed the event is not in court to prove the truth of his statement under oath. This paper examines what is hearsay evidence and further seeks to discuss exceptions to the rule and highlights reasons for its inadmissibility. The finding of this article is that hearsay evidence is weak and untrustworthy to be relied upon by the court, the same not being a testimony of a person who witnessed the event. The paper recommends that the Evidence Act be amended to provide for the range of offences that section 37 of Evidence Act can cover apart from exceptions mentioned in Sections 38-45.
{"title":"Hearsay Evidence and Reasons for its Inadmissibility in the Nigerian Adversarial Legal System","authors":"E. S. Olarinde, Udosen Jacob Idem","doi":"10.53982/alj.2019.0701.01-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.01-j","url":null,"abstract":"At common law and in Nigeria, hearsay evidence arises where a witness in his own testimony makes a statement, oral or written made by another person who experienced, heard and saw an incident happen in order to establish the truth asserted. Such testimony is generally inadmissible because the informant who witnessed the event is not in court to prove the truth of his statement under oath. This paper examines what is hearsay evidence and further seeks to discuss exceptions to the rule and highlights reasons for its inadmissibility. The finding of this article is that hearsay evidence is weak and untrustworthy to be relied upon by the court, the same not being a testimony of a person who witnessed the event. The paper recommends that the Evidence Act be amended to provide for the range of offences that section 37 of Evidence Act can cover apart from exceptions mentioned in Sections 38-45.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126145350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.03-j
F. Bankole, Omomen Musa-Agboneni
As a company grows from infancy to adulthood, there may come moments where the company may fall ill- that is in distress, this illness at times may point towards the direction of liquidation or winding up the activities of the company, which in the literal sense, signifies the death of the company. It may however not be economically beneficial nor shareholders friendly that the company be allowed to collapse. The company may then begin to seek a means of survival despite its indebtedness. The idea of corporate rehabilitation is thus, premised on the exigency to keep an ailing company as a going concern. This paperexamines the relevant laws in Nigeria and how effective they have been able to provide sustainable survival mechanics for ailing companies in Nigeria. Also, the paper compared the Nigerian corporate rehabilitation procedures with that of the United Kingdom(UK). The study revealed that the present legal framework for companies in Nigeria, especially the Companies and Allied Matters Act (CAMA) does not provide sufficient support system for ailing companies. It concludes that CAMA does not measure as a dependable legal framework for corporate rehabilitation, on the scale of international best practice. It found that UK has a more developed legal framework for corporate rescue; as a consequence, the Company’s Voluntary Arrangement and Administration are two convenient corporate rescue/ rehabilitation mechanisms which could serve as models for developing a concrete corporate rescue regime in Nigeria.
{"title":"A Comparative Study of Corporate Rehabilitation in Nigeria and United Kingdom","authors":"F. Bankole, Omomen Musa-Agboneni","doi":"10.53982/alj.2019.0701.03-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.03-j","url":null,"abstract":"As a company grows from infancy to adulthood, there may come moments where the company may fall ill- that is in distress, this illness at times may point towards the direction of liquidation or winding up the activities of the company, which in the literal sense, signifies the death of the company. It may however not be economically beneficial nor shareholders friendly that the company be allowed to collapse. The company may then begin to seek a means of survival despite its indebtedness. The idea of corporate rehabilitation is thus, premised on the exigency to keep an ailing company as a going concern. This paperexamines the relevant laws in Nigeria and how effective they have been able to provide sustainable survival mechanics for ailing companies in Nigeria. Also, the paper compared the Nigerian corporate rehabilitation procedures with that of the United Kingdom(UK). The study revealed that the present legal framework for companies in Nigeria, especially the Companies and Allied Matters Act (CAMA) does not provide sufficient support system for ailing companies. It concludes that CAMA does not measure as a dependable legal framework for corporate rehabilitation, on the scale of international best practice. It found that UK has a more developed legal framework for corporate rescue; as a consequence, the Company’s Voluntary Arrangement and Administration are two convenient corporate rescue/ rehabilitation mechanisms which could serve as models for developing a concrete corporate rescue regime in Nigeria.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122168603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.04-j
Maureen Ngozi Agbasi
Most developing countries have their public health goals compromised by poor access to essential drugs. One of the causes of this has been attributed to strict patent law regimes. This challenge is acute in developing countries because less than 10 percent of drugs are patented. Developing countries are also handicapped by inadequate access to research facilities and the technological know-how needed for local production with regard to pharmaceutical. This essay is concerned with setting out guidelines for acceptable patents in such a way that public health is not compromised. This work finds that there is need to determine the effectiveness and efficiency of the laws laid down by local and international statues, and whether or not such laws in place are sufficient. The need to distinguish patent protection for both processes and products is also highlighted. This is monumental as process patents provide only protection in respect of the technology and methods of manufacture.
{"title":"An Analysis of the Effect of Pharmaceutical Patent Laws on Access to Medical Care","authors":"Maureen Ngozi Agbasi","doi":"10.53982/alj.2019.0701.04-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.04-j","url":null,"abstract":"Most developing countries have their public health goals compromised by poor access to essential drugs. One of the causes of this has been attributed to strict patent law regimes. This challenge is acute in developing countries because less than 10 percent of drugs are patented. Developing countries are also handicapped by inadequate access to research facilities and the technological know-how needed for local production with regard to pharmaceutical. This essay is concerned with setting out guidelines for acceptable patents in such a way that public health is not compromised. This work finds that there is need to determine the effectiveness and efficiency of the laws laid down by local and international statues, and whether or not such laws in place are sufficient. The need to distinguish patent protection for both processes and products is also highlighted. This is monumental as process patents provide only protection in respect of the technology and methods of manufacture.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126273222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.07-j
Kwaghkehe Ierkwagh
The legal framework for personal income taxation in Nigeria is the Personal Income Tax Act, 2004 (as amended in 2011). However, the taxation of personal incomes in Nigeria as provided under the Personal Income Tax Act presents a lot of practical and conceptual legal issues ranging from the legal implications and justifications for the exemption of certain personal incomes from tax liability under the Act, the tax rates, and the issue as to whether the taxation of dividends constitute double taxation. Through the doctrinal research method, this paper has established that apart from equity considerations, the exemption of incomes of registered friendly societies, ecclesiastical and charitable societies from tax has eroded the tax base by creating opportunities for tax avoidance and evasion since incomes of their members or leadership may be concealed as incomes of those organizations, that the legal basis for the exemption of profits of cooperative societies has collapsed and no longer in tune with modern commercial realities, and that the graduated tax rates as provided under the Act is bound to serve as disincentive to work and also encourage labour agitations for better working conditions. It is therefore recommended that the Personal Income Tax Act be amended to clearly draw a difference between incomes of the exempted bodies and their members so as to subject incomes of members to tax, and that the taxation of dividends, though not double taxation be imposed at a low rate, while the graduated tax rates be lowered so that taxpayers may voluntarily comply with their tax obligation with the smallest amount of hissing while government revenue improves significantly.
{"title":"Emerging Legal Issues in the Taxation of Personal Incomes in Nigeria","authors":"Kwaghkehe Ierkwagh","doi":"10.53982/alj.2019.0701.07-j","DOIUrl":"https://doi.org/10.53982/alj.2019.0701.07-j","url":null,"abstract":"The legal framework for personal income taxation in Nigeria is the Personal Income Tax Act, 2004 (as amended in 2011). However, the taxation of personal incomes in Nigeria as provided under the Personal Income Tax Act presents a lot of practical and conceptual legal issues ranging from the legal implications and justifications for the exemption of certain personal incomes from tax liability under the Act, the tax rates, and the issue as to whether the taxation of dividends constitute double taxation. Through the doctrinal research method, this paper has established that apart from equity considerations, the exemption of incomes of registered friendly societies, ecclesiastical and charitable societies from tax has eroded the tax base by creating opportunities for tax avoidance and evasion since incomes of their members or leadership may be concealed as incomes of those organizations, that the legal basis for the exemption of profits of cooperative societies has collapsed and no longer in tune with modern commercial realities, and that the graduated tax rates as provided under the Act is bound to serve as disincentive to work and also encourage labour agitations for better working conditions. It is therefore recommended that the Personal Income Tax Act be amended to clearly draw a difference between incomes of the exempted bodies and their members so as to subject incomes of members to tax, and that the taxation of dividends, though not double taxation be imposed at a low rate, while the graduated tax rates be lowered so that taxpayers may voluntarily comply with their tax obligation with the smallest amount of hissing while government revenue improves significantly.","PeriodicalId":123596,"journal":{"name":"ABUAD Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130050440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.53982/alj.2019.0701.05-j
Ayodeji Jayeoba
Development is generally conceived in such narrow terms that its very essence is misrepresented. More often than not development has been reduced to no more than economic development and expectedly, factors affecting development have also been restrictively conceived. This paper attempts to show that there is a direct linkage between the rule of law and development by analyzing how the presence or absence of the elements and components of the rule of law facilitates or impedes development respectively in Nigeria. The methodology adopted for the study is both doctrinal and analytical. The paper concludes that decline of rule of law in Nigeria is one of the major causes of her underdevelopment.
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