Theses and Dissertation collection from the Faculty of Law

Permanent URI for this collection

https://uilspace.unilorin.edu.ng/handle/20.500.12484/1664

Browse

Recent Submissions

Now showing 1 - 3 of 3
  • Item
  • Item
    LEGAL CHALLENGES IN THE ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN NIGERIA
    (UNIVERSITY OF ILORIN, 2021-04) KUDIRAT, MAGAJI
    Businessmen have a choice in the resolution of disputes, they may elect litigation or submit to arbitration. Delays, outrageous cost and undue technicalities associated with courts, makes commercial arbitration the preferred mode of settlement in the business world. However, the recalcitrance of an award-debtor to comply with the terms of the award necessitates the intervention of the courts. Nigeria has provisions for enforcement of foreign arbitral awards within her legal system. However, reliance on courts for enforcing foreign awards frequently frustrates the gains initially made by arbitration. Enforcement of arbitral awards via the courts has numerous legal challenges. This study is therefore aimed at analysing the challenges facing enforcement of foreign awards in Nigeria. The objectives of the study were to: (i) analyse the impact of extant legal regimes on the recognition and enforcement of foreign awards in Nigeria; (ii) examine the effects of the concepts of arbitrability and public policy exceptions on the enforcement of awards in Nigeria; (iii) examine the challenges inherent in judicial review on the enforcement of foreign awards in Nigeria; and (iv) examine the adequacy of the Arbitration and Conciliation Act 1988 (ACA 1988) in the recognition and enforcement of Islamic commercial arbitral awards. The study employed doctrinal methodology of legal research where primary and secondary of legal materials were subjected to descriptive and content analysis. The primary sources used were legislations, regulations, treaties, conventions and case laws, while secondary sources used were texts books, journals, internet materials, conferences and seminars papers. The findings of the study were that: i. the provisions of the laws regulating enforcement of foreign arbitral awards in Nigeria, particularly, Sections 51 and 54 of ACA 1988 have inherent and procedural defects, thus preventing the smooth enforcement of the award; ii. the narrow interpretation by the Nigerian courts on ‘arbitrability’ based on Sections 54 and 57 of ACA 1988 which restricts disputes to contractual and commercial disputes only, prevents the enforcement of foreign awards from jurisdictions with liberal interpretation. iii. the amorphous nature of the scope of public policy creates a challenge for the courts in Nigeria in determining whether a foreign award violates the country’s public policy or not; iv. the powers of the courts to set aside foreign awards based on grounds contained in Sections 29, 30 and 48 ACA 1988 are open-ended and allow the courts to examine the merit of the disputes rather than limit themselves to the validity of the award for enforcement; v. the provisions of ACA 1988 on enforcement of foreign arbitral awards do not consider the idiosyncrasies of awards from Islamic law jurisdictions, despite growing investors’ interests in Islamic commercial transactions. The study concluded that it is obvious that the various legal challenges identified showed that the existing legal frameworks on enforcement of foreign arbitral award in Nigeria are weak and ineffective. The study therefore recommended that the Nigerian arbitral laws in particular, the provisions on enforcement of arbitral awards under ACA 1988 should be amended.
  • Item
    THE LEGAL RIGHTS OF SURGICAL PATIENTS ON THE DUTIES AND LIABILITIES OF SURGEONS IN NIGERIA
    (University of Ilorin, 2017) OFOEGBU, Helen Ihunna
    The medical profession is one of the most sensitive careers because it deals with the survival of human beings. However, the medical experts, while discharging their duties are occasionally negligent in strict adherence to the established Professional Code of Conduct. In Nigeria, there exists a myriad of delinquencies in which the medical personnel involved go scot free because of legally perceived obstacles in enforcing such rights. Therefore, the objectives were to: (i) examine the adequacy of the legal framework on the liabilities of professional surgeons; (ii) analyse the legal implications of the breach of duty in the surgical profession; (iii) examine judicial attitude to the rights of a patient in surgical negligence; and (iv) measure the performance of surgeons in the discharge of their professional and legal obligations. The study employed qualitative and quantitative methodology of legal research. For the qualitative aspect, doctrinal and non-doctrinal methods were used for the analysis. The doctrinal method placed reliance on both primary and secondary sources of law. The nondoctrinal involved interviews carried out on stakeholders. Seventy stakeholders (20 surgeons, 30 surgical patients and 20 surgical nurses) were interviewed in University College Hospital, Ibadan, University of Ilorin Teaching Hospital, Ilorin, National Hospital, Abuja and Abia State Teaching Hospital, Aba. These hospitals were chosen because of high calibre of surgeons and the number of surgeries being carried out each day. The quantitative aspect involved a field work, where copies of questionnaires were distributed to the respondents to ascertain the degree of negligence and assess the performance of surgeons in the discharge of their professional and legal obligations. Copies of 870 questionnaires were administered in the four hospitals, 800 were returned while 580 were found usable. Descriptive statistics tool was used to analyse the quantitative aspect of this work. The findings of the study were that: i. There was no adequate enabling laws to regulate medical practices in Nigeria especially in relation to surgeons’ negligence; ii. Medical negligence is the legal consequence of the breach of duty in medical profession, yet, this requires proof of certain elements which are usually difficult for patients; iii. The judicial attitude has made access to justice to patients more tasking with stringent rules thereby leading to numerous cases being dismissed on grounds of technicalities and victims are left with no remedy whatsoever; and iv. Surgeons are doing fairly well in the performance of their duties though there are rooms for improvement as 75.0% of patients revealed that the operation was properly carried out whereas 25.0% said their operations were not properly carried out. The surgeons responded that 59.5% of all the surgeries performed by them were successful. The study concluded that inadequate legal framework on medical practice is inimical to the protection of patient’s rights pertaining to cases of surgical negligence and performance of the duties of surgeons. The study therefore recommended that the existing laws be amended in terms of punishment for surgical negligence and general regulation of medical practice in Nigeria.