AN ANALYSIS OF THE USE OF TESTIMONY AS A MEANS OF PROOF IN NIGERIA
ABSTRACT
 
It is natural and common in human society to have between individuals a kind of dispute that may probably arise. Islamic Law had laid down and provides the procedures through which such dispute can be judicially determined. Nigerian Courts are enjoined to apply principles and Rules enunciated by Makili School of jurisprudence.
 
Complete application of Islamic law of Evidence in Nigeria has been limited and most of the texts on Islamic law of Evidence are classical and written in Arabic language. The rules of Islamic law of Evidence pronounced by the classical books are yet to be comprehensively codified to guide Nigerian Courts in conducting trials.
 
Regrettably the poor level of knowledge of Islamic law of Evidence rules among lawyers and the lower courts judges has led to erroneous appreciation and application of the rules.
 
The scope to be covered by this research is: the sources of Islamic law of Evidence, the cardinal principles governing the use of testimony, the application of testimony as means of Proof in Establishing both Criminal and Civil Cases. The research methodology of the thesis is doctrinal and analytical.
 
In the course of the research, some findings or observations were made. The research found that there is no clear distinction between substantive and procedural law in Islamic Law and most of the texts on the subject are written in classical Arabic which is technical in nature. The jurisdiction of Shari‟a Court of Appeal in Nigeria is limited to Islamic personal Status. Suggestions were made in the research as proffered solutions to the enumerated findings/observations.

ABSTRACT
What provoked this research is the visibilly wanning national Sovereignty and Jurisdiction of developing Countries to make choice from options in economic, social and cultural policies due to globalization. The need to unravel the challenges the regulatory Legal Frame Work for Foreign investment in Nigeria faces, its impact on our national policies and policy making mechanisms and finding solutions. The methodology employed in this research is the doctrinal research. Primary and secondary materials sourced are analyzed. Foreign investment involves the transfer of a package of resources including capital, technology, management and marketing expertise. This can generally be divided into, Foreign Direct Investment (FDI) and Portfolio Investment (PI) although loans to government (i.e. foreign debts) have also been seen as a third category. The purpose of FDI is to acquire a lasting interest and effective control in the management of an enterprise without necessarily having majority shareholding. Portfolio Investments on the other hand, are directed at earning dividends, interests, capital gains and so on without participating in management.
The Multinational Corporations (MNCs) are major sources of foreign direct investment (FDI).
The regulatory Legal Frame Work is the power of host country through its law and regulatory bodies, authorities, and agencies to control investment activities by providing conditions that affect the behaviour of investors and development of investment to ensure fair and beneficial operations. These agencies including the Nigerian Investment Promotion Commission (NIPC), National Office for Technology Acquisition and Promotion (NOTAP) and Nigeria Oil and Gas Industry Content Development. The regulatory Legal Frame Work for foreign investment in Nigeria is confronted with many issues and challenges which make it impossible to achieve the objectives of government to regulate foreign investment, such as globalization of policy-making which has led to the erosion of national sovereignty, narrowed the ability of governments and people to make choices from options in economic, social and cultural policies; negative influence of the multinational corporations (MNCs) over government policies, lack of commitment on the part of government, non enforcement of penalties and inadequate penalty regimes, ineffective administrative systems and blind adoption of economic terms “dictated” by global markets and international institutions amongst others.
Considering that the regulatory legal frame work plays a crucial role in the economic life of the nation, government should pay adequate attention to it. Consequently, investment policies and regulations should be backed by law to enhance enforcement. The findings indentified in this work show that the penalties in Nigerian Investment Regulatory Frame Work such as Section 55 CAMA and Section 15 (1)(2) NOTAP are inadequate and do not have the force of deterrence. Procedure for exemption of Foreign Company from registration in Nigeria under Section 56 (1)(a)-(d) to the effect that such application should be made to the Council of Ministers through the Secretary to the Government of the Federation. The procedure is unnecessarily cumbersome and time wasting and will discourage donor international organizations and countries willing to undertake specialist projects under contract with any of the Governments in the Federation or their agencies. The National Office for technology Acquirsion and promotion (NOTAP) Act provides for the agency to vet agreements to be submitted to it by Nigerian Companies after negotiating and concluding with the Foreign technical partners and leaves much to be desired in the quest for maximum benefit from technology transfer and Foreign Investment in Nigeria.
TABLE OF CONTENTS PAGE
Title Page i
Declaration ii
Certification iii
Dedication iv
Acknowledgement v
Abstract vi
Table of Contents vii
Table of Cases xi
Table of Statutes xii
List of Abbreviations xv
CHAPTER ONE 1
GENERAL INTRODUCTION
1 Background of the Study 1
The Concept and Definition of Foreign
Investment and Regulatory Legal Frame Work 4
1.1.1 Regulatory Legal Frame Work 6
Statement of the Problem 7
Justification/Significance of the study 7
The Aim and Objectives of the Study 9
Limitations/Scope of Study 9
Literature Review 9
Methodology of Research 15
Organizational Layout 16
CHAPTER TWO 17
HISTORICAL PERSPECTIVE OF REGULATORY LEGAL FRAME WORK FOR FOREIGN INVESTMENT IN NIGERIA
Introduction 17
The Colonial Period 18
The Post Colonial Period 20
The Indigenization Period 23
The Structural Adjustment Programme (SAP) Period Till Date 27
CHAPTER THREE 29
CONTEMPORARY LAWS ON FOREIGN PARTICIPATION IN BUSINESS IN NIGERIA
Introduction 29
Companies and Allied Matters Act, 2004 31
Alliens to Form Companies in Nigeria 32
Consequences of Carrying on Business without Registration 32
Incorporation of a Foreign Company in Nigeria 33
Foreign Companies Exempted from Registration in Nigeria 35
Procedure for Company Exemption from Registration 36
Status of Exempted Companies 37
The Regulation of Foreign Companies 37
The Nigerian Investment Promotion Commission Act 39
Registration and Obtaining of License 40
Guarantee of Investment 40
Settlement of Investment Disputes 41
Immigration Act 42
Basic Permits Required by an Alien to
Enter Nigeria (or enter) and work in Nigeria 43
Entry Permit/Visa 44
Ordinary Visa –Transit 44
Ordinary Visa – Single Journey Visit 45
The short Visit Visa 45
STR Visa (Subject to Regulation) 45
Registration of Aliens 47
Temporary Work permit (T.W.P) 47
Multiple Journey Visa 48
Gratis Courtesy 49
Expatriate Quota 49
Investment and Securities Act (ISA) 52
Foreign Exchange (Monitoring and
Miscellaneous Provisions) Act 53
Industrial Inspectorate Act 54
National Office for Technology Acquisition and Promotion Act 55
Registration of Contracts and Agreements 55
Effect of Registration of Contracts and Agreements 56
Incentives and Reliefs Available to Investors in
Nigerian Economy 56
Import and Export Incentives under Customs and
Excise Management Act 56
Fiscal Reliefs 58
The Time Factor in Incentives 60
Protectionism in Regulatory Policies 61
Arguments for Protectionism 62
Nigeria Oil and Gas Industry Content Development Act 67
First consideration for Nigerian Operators 67
Nigerian Local Content Monitoring Board 68
Content Plan 68
Technology Transfer Plan and Support for Technology Transfer in Nigeria 69
Professional Services 69
Offences and Penalties 69
CHAPTER FOUR
ISSUES AND CHALLENGES OF GLOBALIZATION
Introduction 71
Present Challenges of Globalization on the 72
Nigerian Regulatory Legal Frame Work
The Liberalization of Trade, Finance and Investment 72
The Globalization of Policy-making 78
Rising inequality and the effects of globalization 83
Weaknesses of the Developing nations in facing the globalization challenge 87
The Repeal of Indigenisation Laws 90
The introduction of privatization, commercialization,
Deregulation (Liberalization) in the Nigerian economy 94
Future Challenges of Globalization on Nigerian Regulatory Legal Frame Work 96
Job loss in Nigeria 97
Impact of job loss on national Security 97
Costs and benefits of Foreign Investment to the Nigerian economy 98
Use of Multilateral Framework for Foreign Investment 103
General View 103
Lack of Realization of Anticipated Benefits for Developing Countries
from the Uruguay Round 105
Implementation challenges Faced by Developing Countries from
the Uruguay Round 108
Moves for New Issues in WTO 115
The Approach Needed 116
CHAPTER FIVE 119
SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary 119
5.2 Conclusion 122
5.3 Recommendations 124
Bibliography 126
TABLE OF CASES PAGE
E.I.I.A. V C.I.E Ltd (2006) 4 NWLR 114 at 127
33
Kehinde V Registrar of Companies (1979) 3LRN 213 at 220 – 221
25
Oil Field Supply Centre Ltd V Johnson No. 2 (1987) 2LWLR 625
49
Unipetrol Nigeria PLC V Agip Nigeria PLC (2002) 4 NWLR 312 at 330 – 331
32,33
TABLE OF STATUTES PAGE
Aid to Pioneer Industries Ordinance 1952 19
Banking Act 1969 24
Companies Act 1968 24, 31
Companies Act Cap. 37 LFN 1958 31
Company and Allied Matters Decree (No 1) 1990 32
Company and Allied Matters Act Cap. C. 20 LFN 32,40
S. 20 (4) 32,40
S. 54 (1) 32,33
S.55 33,38
S. 56 (1) 33
S. 56 (2) 37
S. 56 (3) 37
S. 58 37
S. 60 (a) 37
S. 57 (a) 37
Companies Ordinance 1922 31
Customs and Excise Management Act Cap. C. 45 LFN 2004. 56
S. 56 56
S. 57 57
Customs Duties (Dumping and Subsidized Goods) Act 1958 19
Custom Drawback Regulations Act 1959 19
Companies Income Tax Act Cap. C. 21 LFN 2004 59
S. 29 59
S. 33 59
SS. 34 – 35 59
S. 9 (1) 59
S. 9 (7) 59
S. 28 (c) (3) 59
S. 22 (3) 59
S. 28 (b) 59
Copy Right Act 1970 24
Exchange Control Act 1962 22
S. 7 22
Export (Incentives and Miscellaneous Provisions Act Cap. E. 19 30
Laws of the Federal Republic of Nigeria 2004
Foreign Exchange (Monitoring and Miscellaneous Provisions)
Act Cap. F.34 Laws of the Federal Republic of Nigeria, 2004 53
S. 15 (1) 53
S. 15 (2) 53
S. 15 (4) 53
S. 17 (1) 54
S. 12 54
S. 13 54
Foreign Exchange (Monitoring and Miscellaneous Act 1995
S. 26 (1) 91
S. 15 (1) 22
Immigration Act 1963 53
Immigration Act Cap. I.I Laws of the Federal Republic of Nigeria 2004
S. 8 (1) (a) (b) 42,45
S. 8 (2) (a) (b) 43
S. 10 (2) (a) (b) 43
S. 33 46
Income Tax (Amendment) Ordinance 1952 19
Income Tax (Amendment) Act 1959 19
Industrial Development (Import Duties Relief) Act 1957 19
Industrial Development (Income Tax Relief) Act 1958 19,20
Industrial Development (Income Tax Relief) Act Cap. 1.7 Laws of the Federal Republic of Nigeria 2004
59
S. 10 59
Industrial Development Coordinating Committee Act No. 36 of 1988 39
Industrial Inspectorate Act Cap. 1.8 Laws of the Federal Republic of Nigeria 2004 54
S.3 54
S. 3 (3) 54
Investments and Securities Act 2007 No. 29 52
S. 13 (L) 52
Minerals Act Cap. M. 12 Laws of the Federal Republic of Nigeria, 2004 59
National Office for Technology Acquisition and Promotion Act Cap. N. 62 55
Laws of the Federal Republic of Nigeria 2004 55
S. 4 (d) 55
S. 5 (1) – (3) 55
S. 7 56
Nigerian Enterprises Promotion Acts, 1972 and 1977 24
Nigerian Enterprises Promotion (Issues of Non-Voting Equity Shares) Act 1987 24
Nigerian Investment Promotion Commission Act Cap. N 1. 17 Laws
of the Federal Republic of Nigeria 2004 39
S. 17 39
S. 18 39
S. 31 39
S. 20 40
S. 24 (1) (2) (3) 40, 54
S. 26 (1) (2) (3) 42
Nigerian Investment Promotion Commission Act No. 16 of 1995 39
Nigerian Liquified Natural Gas (Fiscal Incentives Guarantees and
Assurances) Act Cap. N. 87 Laws of the Federal Republic of Nigeria 2004 60
S. 2
Patents and Designs Act, 1990 24
Petroleum Act 1969 24
Petroleum Profits Tax Act Cap.P. 13 Laws of
the Federal Republic of Nigeria 2004 58
African Growth and Opportunities Act (AGOA), 2000
S. 106 60
S. 114 60
LIST OF ABBREVIATIONS
ABU – Ahmadu Bello University AGOA – African Growth Opportunity Act
AHFE – Association of Head of Federal Establishments BPO – Business Process Outsourcing
CAC – Corporate Affairs Commission CAMA – Companies and Allied Matters Act CAP – Common Agricultural Policy CBN – Central Bank of Nigeria
C of O – Certificate of Occupancy
ECOWAS – Economic Community of West African States EPZ – Export Processing Zone
FAO – Food and Agricultural Organization
FEMMA – Foreign Exchange (Monitoring and Miscellaneous) Act FDI – Foreign Direct Investment
FPI – Foreign Private Investment
GATT – General Agreement Tariffs and Trade GDP – Gross Domestic Product
HDP – Human Development Report
IDDC – Industrial Development Coordination Committee IMM – Immigration
IMF – International Monetary Fund
IPRs – Intellectual Property Rights
IR – Immigration Responsibility
ISA – Investments and Securities Act
JCA – Justice of the Court of Appeal LDCs – Least Developing Countries LRN – Law Report of Nigeria
MIA – Multilateral Investment Agreement MNCs – Multinational Corporations
MPJFIL – Modern Practice Journal of Finance and Investment Law NEP – Nigerian Enterprises Promotion
NEPB – Nigerian Enterprises Promotion Board NGOS – Non – Governmental Organizations NEPC – Nigerian Enterprises Promotion Act
NIPC – Nigeria Investment Promotion Commission NIPCA – Nigerian Investment Promotion Commission Act NWLR – Nigeria Weekly Law Report
NOTAP – National Office for Technology Acquisition and Promotion OECD – Organization for Economic Cooperation and Development
P.I. – Portfolio Investment
PUR – Permanent Until Reviewed
SAP – Structural Adjustment Programme STR – Subject to Regularization
TDR – Trade and Development Report
TRIPS – Trade – Related Aspects of Intellectual Property Rights TRIMS – Trade – Related Investment Measures
TNCs – Transnational Corporations TWP – Temporary Work Permit
UNCTAD – United Nations Conference on Trade and Development USA – United States of America
WTO – World Trade Organization

ABSTRACT
 
Natural resources worldwide are a gift of nature and an endowment of comfort that makes the existence of mankind complete. As nature’s priceless gift to man and because nature’s endowment of these resources is without reference to people or nation, the subject of ownership and control is one that has generated a great deal of passion and controversy amongst people and nations. Unfortunately, these resources have been identified as playing key roles in triggering conflicts, and, all through history, thestruggle for possession and control of natural resources has been the remote, if not the immediate, cause of agitations and human tragedies. The Federal Republic of Nigeria is endowed with abundant mineral resources and hydrocarbons but the scope of this dissertation is oil and gas. Its vast oil fields are concentrated in the Niger Delta region, which comprises of Akwa Ibom, Bayelsa, Cross Rivers, Rivers, Delta, Edo and Ondo States. When God provided Nigeria with mineral resources, his purpose was to lift up the country’s economic and social status and make the citizens enjoy respect and honour among the comity of nations. But like in the story of creation where God created man and put him in the Garden of Eden; the Garden of hope and comfort, man lost this great free gift due to greed and selfishness which led him to sin. The crisis over ownership of mineral resources in Nigeria is in diverse folds which have led to several heated debates, conflicts and misinterpretations. Some of these conflicts are between the Federal and State Government and the Local Communities and the Government. The Federal and State conflict that is branded “Resource Control” calls for fair, just, equitable and manageable natural resources sharing formula that shall be favourable to every Nigerian.This dissertation is aimed at considering the legal rights of the Niger Delta States in relation to the ownership and control of mineral resources under Nigerian Law. The choice of this topic stems from the fact that though the course is a viable one and many scholars have written on this concept but have concentrated more on state sovereignty over her natural resources. What then is the position of the people who are at the end point of every move in Nigeria?As is traditional with legal research, the methodology shall essentially be the doctrinal method which entails the study of major laws and textbooks written by distinguished scholars on the subject matter and other relevant materials such as academic journals, articles and judicial decisions or case laws as well as the internet.
TABLE OF CONTENTS
TITLE PAGE – — — — — — — — — — I
DECLARATION- — — — — — — — — — ii
CERTIFICATION- — — — — — — — — — iii
DEDICATION- — — — — — — — — — iv
ABSTRACT- — — — — — — — — — — v
ACKNOWLEGEMENT- — — — — — — — — vi
LIST OF ABBREVIATIONS- — — — — — — — vii
FOREIGN TABLE OF STATUTES- — — — — — — — ix
LOCAL TABLE OF STATUTES- — — — — — — — x
FOREGN TABLE OF CASES- — — — — — — — xi
LOCAL TABLE OF CASES- — — — — — — — xii
TABLE OF CONTENT- — — — — — — — — xiii
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study- — — — — — — — 1
1.2 Statement of the Problem- — — — — — — — 4
1.3 Aims and Objectives of the Research- — — — — — 6
1.4 Justification of the Study- — — — — — — — 7
1.5 Scope and Limitation of the Research- — — — — — 7
1.6 Research Methodology- — — — — — — — 8
1.7 Literature Review— — — — — — — — 8
1.8 Organisational Layout- — — — — — — — 11
CHAPTER TWO
LEGAL FRAMEWORK FOR THE OWNERSHIP OF MINERAL RESOURCES IN
NIGERIA
2.1 Introduction- — — — — — — — — — 14
2.2 The Concept of Ownership- — — — — — — — 15
2.3 Ownership and Control of Mineral Resources in Nigeria- — — — 17
2.4 The Current Applicable Legal Regime– — — — — — 18
2.4.1. Constitution of the Federal Republic of Nigeria, 1999 — — — — 19
2.4.2. Petroleum Act, 1969– — — — — — — — — 20
2.4.3. Minerals and Mining Act, 2007– — — — — — — 22
2.4.4. Exclusive Economic Zone Act, 1978– — — — — — — 25
2.4.5. Land Use Act, 1978– — — — — — — — — 26
2.5 TheLand Mark Decision of the Supreme Court of Nigeria on the Seaward
Limit of Littoral States– — — — — — — — — 29
2.5.1. Attorney-General of the Federation v. Attorney-General of Abia State &
35Ors– — — — — —- — — — — — 29
CHAPTER THREE
COMPARATIVE ANALYSIS ON THE OWNERSHIP OF MINERAL RESOURCES
IN OTHER JURISDICTIONS
3.1. Introduction– — — — — —- — — — — 33
3.2.Ownership of Mineral Resources– — — — — — — 34
3.3. Ownership Theory: A Comparative Analysis– — — — — — 35
3.3.1. United States of America (USA) — — — — — — — 35
3.3.2. Brazil– — — — — —- — — — — — 41
CHAPTER FOUR
THE EFFECT OF OWNERSHIP AND EXPLORATION OF MINERAL RESOURCES BY THE FEDERAL GOVERNMENT ON THE PEOPLE OF THE
NIGER DELTAREGION
4.1 Introduction– — — — — —- — — — — 46
4.2 The Principle of Self Determination– — — — — — — 47
4.3 The Principle of Derivation– — — — — — — — 49
4.4 Resource Control and Revenue Allocation in Nigeria — — — — 52
4.5 The Impact of Oil Exploration in the Niger Delta — — — — 55
4.5.1. Environmental Hazards/Pollution– — — — — — — 59
CHAPTER FIVE
CONCLUSION
5.1 Summary– — — — — —- — — — — 67
5.2 Findings– — — — — —- — — — — — 68
5.3 Recommendations– — — — — — — — — 69
5.4 Conclusions– — — — — —- — — — — 70
Bibliography– — — — — —- — — — — 72

ABSTRACT
 
Health is an important element of an individual life and also to the individual’s country. A country cannot develop with its citizens sick and dying. A healthy state is a wealthy state. As such, states must provide adequately for the health of its citizens. The research analysed international law and national legal framework that regulate the health system under international law and in Nigeria. It also examined health policies, institutions and other regulatory bodies established for the protection of the right to health in Nigeria. The research was informed by the dismal performance of Nigeria’s health care system when the World Health Organization assessed its 191 member states in terms of responsiveness, fairness, overall goal attainment, level of health expenditure per capita, impact on health and overall performance. Nigeria was ranked 187 out of 191 despite its human and natural resources compared with many other African countries which is indeed a cause for concern. This is evidenced from the high level of maternal and childhood mortality, HIV/AIDS related deaths which continue to ravage families and communities, the slow pace of attaining international goals for health and survival and negative progress towards attaining the Millennium Development Goals (MDGs).The research adopted as methodology the doctrinal approach which entailed the use of relevant literature including international instruments, reports and general comments/recommendations. Nigeria is a party to the major regional and international human rights instruments recognizing and protecting the right to health and has assumed tripartite obligations- obligations to respect protect and fulfill the right to health of the Nigerians. Right to health under the Nigerian Constitution is non -justiciable. However, non justiciability of the right to health is a challenge but not a bar to the protection of the said right. It does not also absolve Nigeria from its obligation to protect health of its citizens. The research finds that according health the status of non-justiciable right is not infact related to any inability to deal with socio-economic rights including the right to health as was exemplified with the experience of South Africa which has justiciable socio- economic rights including the right to health. It also finds that the debate whether or not the right to health exist or is non-justiciable is irrelevant as the Indian experience revealed. The research therefore, recommends the court to adopt judicial activism in adjudicating socio-economic rights including the right to health as is done in India. The research finds that Nigeria had put in place and established laws, policies and institutions for the protection of health of her citizens. The research also finds that  several factors impede the realization of the right to health in Nigeria including legal impediments, socio-economic impediment and lack of political will on the part of the government. It is also a finding of the research that Nigeria is moving at a slow pace towards attaining the MDGs with less than a year to the target date. Although the research finds that some progress had been achieved especially in reducing childhood mortality and halting HIV/AIDS, the progress is not sufficient to meet the MDGs target date of 2015. The research finds that several key challenges exist which exercabates the slow pace at which Nigeria is moving towards achieving the MDGs notably among them are lack of reproductive health care services, poverty, low socio-economic status of women, inequities in the distribution of human health resources which if addressed will come a long way in helping Nigeria to move faster towards achieving the MDGs and subsequently in fulfilling its obligations under the right to health.
TABLE OF CONTENTS
Title Page — — — — — — — — — i
Declaration — — — — — — — — — ii
Certification — — — — — — — — — iii
Dedication — — — — — — — — — iv
Acknowledgement — — — — — — — — v
Table of Cases — — — — — — — — vii
Legal Instruments — — — — — — — — ix
List of Tables — — — — — — — — — xi
Abstract — — — — — — — — — — xii
Table of Contents — — — — — — — — xiii
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the study — — — — — — 1
1.2 Statement of Problem — — — — — — — 3
1.3 Objectives of the Research — — — — — — 6
1.4 Scope of the Study — — — — — — — — 7
1.5 Research Methodology — — — — — — 7
1.6 Justification of the Study — — — — — — 8
1.7 Literature Review – — — — — — 9
1.8 Structure of the Study – — — — — — 14
CHAPTER TWO
CONCEPTUAL CLARIFICATION OF HISTORICAL DEVELOPMENT RELEVANT TERMS AND THEIR
2.1 Introduction – — — — — — 16
2.2 Human Right – — — — — — 16
2.2.1 Historical and Philosophical Evolution of Human Rights — — 17
2.2.2 Definition and Characteristics of Human Rights — — 23
2.2.3 Origin of Health as an International Human Right — — 25
2.3 Concept and Definition of the Right to Health — — — 30
2.3.1 Nature of the Right to Health – — — — — — 32
2.4 Maternal Mortality – — — — — — 38
2.5 Maternal mortality Ratio — — — — — — 39
2.6 Childhood Mortality – — — — — — 39
2.7 Linkages between Health and Human Rights — — — 39
CHAPTER THREE
THE RIGHT TO HEALTH IN NIGERIA
Legal Framework on the Right to Health In Nigeria — — — 43
Health as a Justiciable Right – — — — — — 48
Judicial Application of the Right to Health in
Selected National Jurisdictions – — — — — 50
3.3.1 South Africa – — — — — — 51
3.3.2 India – — — — — — 58
3.4 Application of International Human Right to Health in Nigeria — 65
3.5 Nigeria‟s Obligations under International and Regional
Instruments Protecting the Right to Health — — — — 68
3.5.1 Obligation to Respect` – — — — — — 68
3.5.2 Obligation to Protect – — — — — — 71
3.5.3 Obligation to Fulfil – — — — — — 73
Effective Remedies for the Violation of the Right to Health — — 75
Declaratory Order – — — — — — 78
Mandatory Order – — — — — — 79
Structural Interdicts – — — — — — 80
International Monitoring Mechanisms for the
` Protection of the Right to Health – — — — — 83
Reporting System under Art. 16 and 17 of the ICESCR — — 83
Optional Protocol to the ICESCR — — — — — 87
CHAPTER FOUR
DOMESTIC IMPLEMENTATION OF THE RIGHT TO HEALTH IN NIGERIA
4.1 Introduction – — — — — — 89
4.2 Legal Protection of the Right to Health in Nigeria — — — 90
4.2.1 Constitutional Protection – — — — — — 90
4.2.2 Child Right Act 2003 – — — — — — 93
4.2.3 The African Charter on Human and Peoples‟ Rights — — — 95
4.3 Review of the Implementation of the Right to
Health Policies in Nigeria – — — — — — 97
4.3.1 National Health Policy – — — — — — 97
4.4 Health Institutions and their Regulatory Bodies
Protecting Health in Nigeria – — — — — — 100
4.4.1 Federal Ministry of Health — — — — — — 100
4.4.2 Courts – — — — — — 101
4.4.3 National Human Rights Commission — — — — 102
National Agency for Food and Drug Administration and Control — 106
National Health Insurance Scheme — — — — — 108
Nigerian Medical and Dental Practitioners Act — — — 113
Legislations Dealing with Access to Qualitative Drugs — — 116
4.5.1 National Drugs ForSmulatory and Essential Drugs List Act — — 116
4.5.2 Dangerous Drugs Act – — — — — — 118
4.5.3 Food and Drug Act – — — — — — 118
4.6 Proposed Law — — — — — — 120
4.6.1 National Health Bill – — — — — — 120
4.7 Substantive Elements of the Right to Health in Nigeria — — 124
4.7.1 Availability — — — — — — — 124
4.7.2 Accessibility — — — — — — — 125
4.7.3 Acceptability — — — — — — — 127
4.7.4 Quality — — — — — — — 127
CHAPTER FIVE
AN ANALYSIS OF MILLENNIUM DEVELOPMENT GOALS AND THE RIGHT TO HEALTH IN NIGERIA
5.1 Introduction — — — — — — — 129
5.2 Millennium Development Goals and the Right to Health in Nigeria — 131
5.3 Millennium Development Goals in Nigeria — — — — 132
5.4 An Overview of MDG 4 (Reduction of Childhood Mortality),
5 (Improving Maternal Health) and 6 (Combating HIV/AIDS,
Tuberculosis, Malaria) — — — — — — 135
5.4.1 Eradicating Poverty and Extreme Hunger — — — — 135
5.4.2 Achieving Universal Primary Education — — — –\ 136
5.4.3 Achieving Gender Equality and Women‟s Empowerment — — 138
5.4.4 Childhood Mortality — — — — — — 140
5.4.5 Maternal Mortality — — — — — — 142
5.4.6 HIV/AIDS, Tuberculosis and Malaria — — — — — 144
Key Challenges to Attaining the MDGs in Nigeria — — — 149
Inequities in the Distribution of Human Health Resources and Facilities- 149
Poverty and Cost of Healthcare — — — — — 151
Availability of Health care facilities and Poor Utilization of
Reproductive health services — — — — — 155
Women‟s Low Socio-Economic Status and Lack of Empowerment — 159
CHAPTER SIX
FACTORS IMPEDING THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA
6.1 Introduction — — — — — — 162
6.2 Constitutional Impediment — — — — — — 162
6.3 The Attitude of Courts/Judges — — — — — 164
Socio-Economic and Cultural Factors — — — — 168
Corruption and Mismanagement of states resources — — — 169
6.6 Poverty — — — — — — — — 170
Debts, Debt Servicing and Structural Adjustments Programmes — 173
Lack of Political Will to Address the Health Sector Crisis — — 175
CHAPTER SEVEN CONCLUSION
7.1 Summary — — — — — — — 177
7.2 Findings — — — — — — — 179
7.3 Recommendations — — — — — — — 181
Contribution to Knowledge — — — — — — 184
Suggestions for Further Research — — — — — 184
BIBLIOGRAGHY
1. Books — — — — — — — — 186
2. Journals — — — — — — — — 187
3. Conference Papers — — — — — — — 189
4. Other Sources — — — — — — — 189
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
International Trade has been of immense importance in the existence of the nations of the world and its economy because no nation is completely self-reliant or sufficient. Also, the needs and wants of people in all parts of the world are better served by exchanging goods and services.1 Trade increases the standard of living for all modern countries. For some, foreign market takes a third to a half of the total output and the standard of living depends crucially on the international division of labour that foreign trade permits.2 However, there are opinions to the effect that international trade has negative effects on the standard of living of the nations of the world and consequently, trade barriers are necessary to protect the earth‘s natural environment, reduce domestic unemployment and also prevent the exploitation of the world‘s impoverished workers.3
International trade has played and continues to play critical role in the ability of countries to grow, develop and be economically powerful throughout history. International transactions are becoming increasingly important in recent years as countries seek to obtain the more benefits that accompany increased exchange of goods, services and factors. It is worthy to note that little is known about the earliest trade. However, English flint used to make primitive tools, which was widely traded in Europe thousands of years before Christ, and so was the salt from the mines in Central Europe. Moreover, the Egyptians as far back as 3000 B.C. ranked far in Africa in search of gold, antimony and slaves. By 1700 B.C., the Cretans traded extensively by sea.4
Every sovereign nation is free to establish laws, taxes and regulations governing its foreign trade. Initially, these nations used certain policy instruments to protect their country and citizens that are players at the international market against certain consequences that might arise as a result of unrestricted trade practices and thereby interfere with free trade. Some of these
instruments include: import tariffs, export taxes, and subsidies, import quotas, voluntary export restraint, government procurement provisions, domestic content provisions, trade related investment measures, etc.5 These measures to a great extent interfere with free trade.
However, in the 19th century, there was an important change in government6 policies towards trade, away from mercantile protectionism, all brands freer trade – fewer prohibitions and lower duties on foreign trade. Furthermore, after World War II, various circumstances combined to obstruct world trade. The nations found it convenient to agree to rules that limit their own freedom of action in trade matters, and generally to work towards removal of artificial and often arbitrary barriers to trade. Thus, in 1947, the major trading countries, initiated comprehensive multilateral negotiations in an effort to prevent a post war contraction of world trade similar to the tariff war of the 1930‘s.7 The negotiations resolved in the formation of the General Agreement on Tariff and Trade (GATT).
The agreement (GATT) incorporated a code of international trade rules, made provisions for multilateral trade negotiations, established a procedure for adjudicating trade grievances among member states and provided for the continuing review of actions by member countries. The implementation of GATT resulted in the reductions in tariffs, coupled with improvements in transportation and communication at the time, foreign trade for instance grew and by the dawn of 1970 and early 1980‘s the value of total world goods and trade reached an almost $300 billion a year and $56 billion to $60 billion for annual services.8
It should be noted that such increase indicated a greater international interdependence and a more complex international trade network encompassing not only final consumable goods but also capital good, intermediate goods, primary goods and also commercial services. Thus, not only did individual nations experience the economic benefits that accompany international trade but also realized that her economic prosperity depends on economic prosperity in the world as a
whole. It is also a well-known fact that while increased interdependence has many inherent benefits, it also brings with it a greater adjustment requirements and greater needs for policy coordination among trading partners.
Consequent on the above, in September, 1986, new round of negotiation – the Uruguay Round began. Member states who participated in the round established groups to work on the different areas of the negotiation, including the four areas dealing with GATT itself (example – dispute settlement procedure and the complementation of the Non-Tariff Barriers Codes (NTB) of the Tokyo Round)9. The round recorded certain achievements, some of which included the adoption of new procedure for the settlement of disputes and the creation of the World Trade Organisation (WTO).
It is further important to note that since the Marrakesh Agreement of 1994 entered into force on 1st January, 1995, the World Trade Organisation now provides the principal forum for negotiations on multilateral trading relations among member states, and for the binding settlement of disputes arising under WTO agreements10. At the centre of the multilateral trading system are the WTO agreements which are the legal ground rules for international commerce. Essentially, they are contract guaranteeing member countries important trade rights. They also bind governments to keep their trade within agreed limits to everybody‘s benefits.
Also, member nations, upon convinced of the need to provide security and predictability to the multilateral trading system, preserves the rights and obligations of the member states under the agreements and to be able to clarify the rights and obligations of the member states through interpretation, created a dispute settlement system, which is continued in the understanding on Rules and Procedure governing the settlement of Disputes (DSU).
Generally, a policy of free trade will inevitably involve some conflict with international environmental agreement or an environmental protection requirement in national law, which has the effect of restricting trade in certain commodities. Although some environmentalists condemn

ABSTRACT
 
The World Trade Organization (WTO) was established with the primary function of ensuring the smooth and free flow of trade and services. At the heart of the WTO, is the Dispute Settlement System that ensures that disputes are resolved as soon as possible. This research aims at analyzing the role of the WTO and its Dispute Settlement body in settling trade disputes. This research specifically examines the WTO Dispute Settlement System; identities the objectives of the system and whether or not the system allows for the actualization of these objectives. The research also evaluates its performance and makes recommendations based on research findings.The essence of the research is how the system can be made more effective and accessible to developing and least developed member nations especially Africa. In undertaking this task, the research employs the doctrinal research method. Trade disputes in the WTO usually arisewhen a member state or states take a measure or measures that the WTO considers to be inconsistent with the obligations set out in the WTO agreements. Settling trade disputes in a timely and structured manner is important in order to realize the practical value of the commitments of the member states. The central objective of the WTO Dispute Settlement System is to provide quick and accessible dispute resolution to the multilateral trade system. In addition, the system is to preserve and clarify the rights and obligations of the members under the WTO Agreements, as well as ensure that disputes are settled promptly. In carrying out its mandate, the WTO Dispute Settlement System has decided several disputes among member nations of the WTO, covering diverse areas of the WTO agreements. In fact, the performance of the WTO Dispute Settlement System has been generally described as an ongoing institution that needs a lot of reforms. The Dispute Settlement System has many challenges, obstacles and problems, which make it impossible for it to achieve its set out goal perfectly. Thus, the objectives of the system have not been satisfactorily met due to implementation problems, inadequate funding, lack of transparency and access to the system, ad hoc nature of panels, as well as lacuna in the DSB. Considering the importance of the WTO’s role of settling trade disputes to the stability of the global economy, adequate attention ought to have given to the system. Accordingly, the DSB should be adequately funded that would meet the increased workload of the DSB. The lacuna in the DSU should be corrected and the system made more transparent and accessible to the public. Furthermore, the system aught adopt adequate panelist that can meet the increased complexity of the substance of cases presented before panels. The Research will explore how the DSB can better serve the interest of third world countries and Africa.
TABLE OF CONTENTS
Title Page i
Declaration ii
Certification iii
Dedication iv
Acknowledgement v
Abstract vi
Table of Cases vii
Table of Statutes xv
List of Abbreviations xxi Table of Contents
xxii
CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Background to the Study 1
1.2 Statement of the Research problem 4
1.3 Aim and Objectives of the Research 5
1.4 Research methodology 5
1.5 Scope of the Research 6
1.6 Literature Review 6
1.7 Organizational Layout 9
CHAPTER TWO
2.0 INTERNATIONAL TRADE AND WORLD TRADE ORGANISATION
2.1 Introduction 10
2.2 International Trade and Globalization 11
2.3 Establishment of the World Trade Organisation 14
2.4 Objectives, Functions, Scope and Status of the World Trade Organisation. 16
2.4.1 Objectives 16
2.4.2 Functions 18
2.4.3 Scope and Status of the World Trade Organisation 20
2.5 Judicial Independence in the World Trade Organisation 22
2.5.1 The World Trade Organisation Judiciary and Its Independence 23
CHAPTER THREE
3.0 TRADE DISPUTES WITHIN THE WORLD TRADE ORGANISATION.
3.1 Introduction 33
3.2 Legal Basis for a dispute in the World Trade Organisation Dispute
Settlement System. 34
3.2.1 The Covered Agreements (Legal Framework for Trade Disputes) 40
3.3 Possible Objects of a complaint to the World Trade Organization 43
CHAPTER FOUR
4.0 DISPUTE SETTLEMENT IN THE WORLD TRADE ORGANISATION
4.1 Introduction
4.2 Dispute Settlement System of the World Trade Organisation 48
4.3 Functions, Objectives and key features of the System 54
xix
4.3.1 Functions 52
4.3.2 Objectives 56
4.3.3 Key Features 58
4.4 Scope and importance of the System 60
4.5 Applicable Laws to Legal Interpretations of World Trade Organisation
Agreements within the System 62
4.6 World Trade Organisation‘s Agencies Involved in the Dispute
Settlement Process. 64
4.6.1 Panels 64
4.6.2 Appellate Body 66
4.6.3 The Director-General of the World Trade Organisation Secretariat 68
4.6.4 Arbitrators 69
4.6.5 Experts 70
4.7 Composition of the Dispute Settlement Body of the World Trade
Organization. 71
CHAPTER FIVE
5.0 DISPUTE SETTLEMENT PROCEEDINGS IN THE WORLD TRADE
ORGANISATION
5.0 Introduction 74
5.1 The Stages for settling dispute in the World Trade Organisation
Dispute Settlement System 75
5.1.1 Consultation 76
5.1.2 Panel Stages 80
5.1.3 Composition of Panel 91
xx
5.1.4 Appellate Stage 97
5.1.4 Implementation Stage 99
5.2 Legal Effects of Dispute Settlement Body‘s Recommendation / Ruling. 103
5.3 Participation in the Proceedings 106
5.3.1 Legal Representation 106
5.3.2 Amicus Curiae Submissions 107
5.4 Legal Issues Arising in the proceedings 110
5.4.1 Right to bring Claim/Invoke Exceptions 112
5.4.2 Judicial Economy and Standard of Review 111
5.4.3 Burden of Proof 114
5.4.4 The Panel‘s Right to seek information 116
CHAPTER SIX
6.0 SUMMARY AND CONCLUSION
6.1 Summary 121
6.2 Findings 123
6.3 Recommendations 126
6.3 Conclusions 128
Bibliography. 130

ABSTRACT
 
No doubt, the advent of Information and Communication Technology (ICT) has greatly impacted human interaction ranging from political, religious, social and business transaction. The Information and Communication Technology (ICT) has contributed in a no small measure to the advancement in business transaction as it has taken the manner and channel of commercial transaction beyond the traditional method. Electronic Commerce, though a terminology recently introduced to the psyche of the Nigerian commercial transaction, it is fast gaining ground as it has contributed to the Gross Domestic Development. However, instead of government at national and at international levels to be benefitting from e-commerce in term of revenue to the government, the reverse is the case. Globally, taxation is a vexed question, and taxing electronic commerce creates additional challenges. This notwithstanding, electronic commerce holds tremendous potentials as a formidable source of governmental revenue in the light of globalization and increasing automation of commercial transactions in Nigeria. National and states tax authorities are struggling to find mechanisms to collect the anticipated significant revenues derived from taxing e-commerce profit. Government is yet to feel the impact electronic commerce in terms of revenue generation to the government. Therefore, this work examined the factors proved to be responsible for this ugly situation ranging from the fact that there is no extant law regulating electronic commerce in Nigeria to the archaic law on taxation which makes it practically difficult if not impossible to bring cyber income within the tax box, the ubiquitous nature of cyberspace where this electronic commerce takes place is being exploited as an avenue to evade and avoid tax payment, non-characterisation of electronic commerce to e-commerce in tangible products, intangible products and in services. The work employed the doctrinaire research methodology in analysing some tax statutes relating to taxation, examining the challenges in taxation of e-commerce which includes difficulties in exercising jurisdiction to tax cyber income, displacement of physical presence in electronic transactions, difficulties in assessment and computation of cyber income and lack of wherewithal on the part of the tax authorities in tracing of electronic commerce. It is quite unfortunate that there is no extant law regulating e-commerce in Nigeria the result of which is loss of revenue to the government. The worked was concluded by recommendations which are as a matter of necessity required for effective and efficient means by which e-commerce can be taxed

ABSTRACT
 
This research provides a conceptual discourse into the challenges of cybercrimes and the modes of curbing it. The modern society today faces with the greatest achievements of technical and technological development, associated by rapid expansion of information technology and automation of work activities in all social life spheres. Such development in modern society has brought a large number of facilities on one side while, on the other side the presence of deliberate misuse of this technological achievement has also created a number of problems and risks towards individuals and groups in the society in general and national safety in particular, the approach how criminals (offenders) commit crimes has changed. Digital general approach has opened new opportunities for unscrupulous behavior. Millions of Nairas/Euros have been lost by businesses and customers from the use of computers as part of the commission of the crime. In absence of technology and trained personnel to deal with this new threat known as cybercrime, the security agencies are challenged by specialized cyber offenders which are known as hackers because apart from managing to break into state institution websites they are able to have unauthorized access to information classified as state secret and top-secret. The research will be focusing majorly on the Nigeria perspective, the research will also focus on the variety of approaches from other jurisdictions, as well as the related problem of cybercrime from the perspective of governments, the private sector, academia and international organizations and how to combat cyber related crimes. Due to the global nature of computer crime, the general action in preventing and combating this type of crime, consists on building bridges of cooperation and coordinated action of all countries, and in this case of Nigeria in order to set international standards in the field of defense and security of information systems which standard would guarantee the success of a sustainable national perspective in combating threats from cybercrimes. In this thesis, among others we will present the global aspect of cybercrime, the legal infrastructure defining cybercrimes and their forms, in, the role of security institutions in combating crime in general with particular focus on tackling cyber challenges, current threats and future threats related to cybercrimes, the legal research methodology adopted in the collection of information is the doctrinal method. The findings of the research reveal essentially, that cybercrime legal responses are inadequate to fight cybercrime; those available could address cybercrime menace. It is therefore recommended that legislation needs to keep pace with e-crime, while some need reform to meet prevalent and sophisticated cyber challenges. Apart from awareness and culture, security measures (technical and non technical) will need to be put in place and enforced, as part of the solutions. This might involve raising penalties and increasing the seriousness of e-offences. The right culture should create a high level of awareness amongst stakeholders.
CHAPTER ONE
GENERAL INTRODUCTION
 
1.1         Background to the Study
 
With the advent of the computer age, legislatures have been struggling to redefine the law to fit crimes perpetuated by computer criminals.¹ The crime is amongst the newest and most constantly evolving areas of the law in many jurisdictions. The rise of technology and online communication has not only produced a dramatic increase in the nature of criminal activities. Criminals are using cyberspace to commit numerous cyber crimes. Growing trends of complex distributed and Internet computing raise important questions about information security and privacy.²The Information Communication Technology (ICT) revolution has had impacts in almost every area of human endeavour, from business, industry, government to not-for-profit organization; ICT has simplified business process such as sorting, summarizing, coding, editing customized and generic report generation in a real-time proceeding mode. However, ICT has also brought unintended consequences such as criminal activities, spamming, credit card frauds, ATM frauds, phishing, identify theft and other related cyber crimes. Technology has integrated nations and the world has become a global village. The economy of most nations in the world is accessible through the aid of electronic via the internet. Since the electronic market is opened to everybody (which also includes eavesdroppers and criminals) the internet is a borderless regime³. The internet is one of the fastest-growing areas of technical infrastructure development.

ABSTRACT
Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executive, legislature and the judiciary. In particular, judicial protection of human rights becomes expedient not only for the rule of law but the determination of equality governance. For example, an organized government needs a functioning legal and judicial system to bring forth its aspirations through an enormous regard for the protection and promotion of human rights. On this note, this dissertation aimed at examining the effectives of the judiciary in discharging its duty in the enforcement of human rights in Nigeria through the study of the existing legal writings on the subject matter with a view to strengthening the institution in the final analysis. The sources of information relied upon were relevant books, articles in Journals publication, judicial authorities, statutes, conferences and internet materials. In the course of the research it was found among others that the judicial remedies which are in place to redress human rights violations are not adequate as a result of non-respect for the judiciary, corruption and political influence which leads to the non-enforcement of judgments and orders of the Court. Against this backdrop, this dissertation concluded by recommending amongst others that the current strive against corruption by the government should not be confined to the Judiciary but to the society at large in other to chastise and strengthen the institution to be able to make for the best means of protecting human rights in Nigeria.