Carnelian Journal of Law and Politics
An African Interdisciplinary Journal

ISSN: 2756-3146

Carnelian Journal of
LAW & POLITICS
Vol. II No. I


I. Confidentiality of Patients and the Use of Medical Records in
Nigeria
Abimbola Elizabeth Adewusi and Olubukola Olugasa


II. Intellectual Property Right Enforcement Strategies: Nigeria as
Case Study
Damilola S. Adesanya, Dorcas A. Odunaike and Oludotun O. Osho


III. Stains of Human Rights Abuse: A Look into the Correctional Service
System in Nigeria and Ghana
Yewande Fatoki


IV. Jurisdiction: A Catalyst to International Business Transaction
Enforcement and Development in Nigeria

Babajide Olatoye Ilo


V. Child Labour and a Search for Conceptual Clarity: Congruence
or Contradiction in Children’s Rights Treaty Law?
Daniel Ogunniyi

Confidentiality of Patients and the Use of Medical Records in Nigeria

Abimbola Elizabeth Adewusi*, Olubukola Olugasa, PhD**

Abstract:

The issue of confidentiality in patient doctor relationship needs to be addressed urgently in order for our health care system to become better and efficient. Many times, patients have lost the confidence they have in their doctors because they are not sure if the doctor would keep their information confidential. Another challenge that needs to be addressed is the uses of medical records. This article will employ a doctrinal research methodology. Doctrinal methodology was chosen for this research because it uses legal principles in providing practical answers to problems by analyzing the doctrines, principles and concepts.

Keywords: Confidentiality, Medical records, Patients’ data, Privacy
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Confidentiality of Patients and the Use of Medical Records in Nigeria.pdf

Intellectual Property Right Enforcement Strategies: Nigeria as Case Study

Damilola S. Adesanya*, Dorcas A. Odunaike**, Oludotun O. Osho***

Abstract:

This article reviews legal framework for enforcement of IPRs internationally and in Nigeria, it identifies enforcement strategies employed by enforcement agencies (such as the Nigerian Police, Copyright Inspectors and the Nigerian Customs Service) in enforcing IPRs, highlights the challenges to an effective enforcement regime of IPR in Nigeria and proffers recommendations for legal reform

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Intellectual Property Right Enforcement Strategies: Nigeria as Case Study

Stains of Human Rights Abuse: A Look into the Correctional Service System in Nigeria and Ghana

Yewande Fatoki*

Abstract:

Human Rights are the inherent rights of everyone and it should not be denied anyone including prisoners. Unfortunately, prisoners are on the receiving end of Human Rights abuses meted out on them by the members of the society and the body that overlooks them i.e the correctional service. In various ways, the law has provided for different tools, international, regional and national instruments that guarantee fundamental rights to every prisoner but sadly, more often than not, they are denied the enjoyment of these rights. The use of
comparative and doctrinal methodology was applied in this paper as it discusses the basic Human Rights of prisoners in Nigeria and Ghana, it looked into the various forms of abuse meted out on them and it also considered the role of correctional service staff in the whole of this. The paper also discusses the new Nigerian Correctional Service Act which is now compatible with a
number of provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules) and the United Nations Standard Minimum Rules for the Treatment of Female Offenders (Bangkok Rules). It enumerates measures by which prisoners’ rights can be protected and recommend ways to go about it. The paper recommends steps that can be taken to improve on the rights of prisoners and how these rights can be made accessible so as to be enjoyed by them. In conclusion, t he paper reiterates on the expected benefits of the newly enacted Nigerian Correctional Service Act.

Keywords: Human Rights, abuses, law, correctional service, prisoner
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Stains of Human Rights Abuse: A Look into the Correctional Service System in Nigeria and Ghana


Jurisdiction: A Catalyst to International Business Transaction Enforcement and Development in Nigeria

Babajide Olatoye Ilo*

Abstract:

Jurisdiction is the inherent power of a competent court to adjudicate on matters brought before it. Where a court lacks jurisdiction whether on
domestic or international transactions, any action or inaction taken amounts to nullity and all those actions are void ab initio meaning such judgment if any are not capable of enforcement. Library and online legal materials are the main sources of this paper. The paper is divided into twelve subtopics as follows; introduction, contextual clarifications, a brief history of the World Trading System, the World Trade Organization, Nigerian approach to trans-border jurisdiction, jurisdiction agreements in Nigerian courts, mandatory statutes in Nigeria, forum non conveniens, the absence of governing law clause, including the Federal jurisdiction in Canada, conclusion and recommendations based on findings. Unlike the US and Canada, the choice of law rules is subject to the discretion of the court, and Nigerian courts usually guide their jurisdiction jealously against any one attempting to invoke foreign choice of law by attempting to exclude the jurisdiction of Nigerian Courts in the contract agreement. But there cannot be meaningful socio- economy development without the certainty of the position of the Nigerian law on jurisdiction in international business transactions. Nigerian courts should contribute to economy development of the Nation by affirming the principle of sanctity of contract and choice of law especially in international business transactions.

Keywords: Jurisdiction, International business transactions, Judgment, enforcement, trans-border transactions, choice of forum

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Jurisdiction: A Catalyst to International Business Transaction Enforcement and Development in Nigeria.pdf

Child Labour and a Search for Conceptual Clarity: Congruence or Contradiction in Children’s Rights Treaty Law?

Daniel Ogunniyi*

Abstract:

Child labour is among the indeterminate, but widely overlooked, concepts in children’s rights law. In many ways, relevant child labour studies are field-oriented, focusing mainly on eradication in local contexts, with little clarification of the concept itself and its legal ramifications. As such, the social rendering of the term often depicts it in a legally confusing manner – to cover benign and exploitative works simultaneously. Although the prohibition of child labour features prominently in treaty law, the definition of the term itself is not contained in any instrument. An implicit assumption about work and its psychosocial ills has probably informed this gap as well as the uncritical approach to the subject in the literature. The identification of a legal meaning is, however, important, serving as a foundation for more coherent normative standards. Using the doctrinal method, the study examines the content of key international children’s rights instruments dealing with child labour – how they engage with the concept and whether or not they contain any inherent contradictions.
Specific child labour indicators are derived from the treaties, which shed light on the definitional ambiguities while providing a framework for legally sound responses.

Keywords: Child Labour definition, Child Labour Treaties, Child Exploitation, Hazardous Work, Child Protection

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Child Labour and a Search for Conceptual Clarity: Congruence or Contradiction in Children’s Rights Treaty Law?.pdf