119 research outputs found

    Computation of Time in Election Litigation in Nigeria – Emerging Trend and Implication for Litigants’ Rights

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    Most steps in the course of civil litigation, including election litigation, are required to be taken within particular time frame with failure to comply attracting serious consequences. Until recently, the rules regulating computation of time in Nigeria seemed to have been fairly settled. These rules apply across the board to all legal transactions including litigations, election or otherwise. Most basic of these rules is that the day of occurrence of an event is not to be included in computing number of days from such event. Of recent, however, there appears to be an attempt to formulate different rules for computation of time in election litigation.  It is proposed in this work to examine the possible legal justification for this departure and the implication for the rights of parties in election litigation in Nigeria. Keywords:            computation of time, election litigation in Nigeria, emerging trend

    The Nigerian Law of Evidence and the Emerging Rules of Civil Procedure: Ignoring Validity on the Alter of Expediency?

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    Nigeria, as a commonwealth country operates an adversarial system of justice, a system that requires judges to remain unbiased umpires with minimum or no interference in the conduct of cases by the parties, especially in civil litigation. All the rules of civil procedure in Nigeria have always been premised on the strict adversarial philosophy but this had only succeeded in creating room for unnecessary delay and congestion in civil litigation in the country. A set of new civil procedure rules aimed at giving the judges firmer control over proceedings before them were therefore recently enacted. However, these rules, in a bid to promote speedy trial, seem to have ignored the issue of validity in respect of some of their provisions which appear to challenge the existing law of evidence in the country. Evidence is one of the maters under the Exclusive Legislative List of the country’s Constitution[1] with the result that only the federal legislature can make law on the subject. On the other hand, all the new rules, with the exception of that of the Federal Capital Territory, were made by the states. Therefore, any provision in the rules which touches on evidence may constitute an encroachment on the federal legislative power and as such may not be valid. The object of this paper is to examine those provisions in the new rules which appear to deal with evidence and to evaluate the extent of the validity such provisions. Keywords: Nigerian law of evidence, new rules of civil procedure, validity. [1] Constitution of the Federal Republic of Nigeria, 1999

    Time Dependence of Brans-Dicke Parameter w for an Expanding Universe

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    We have studied the time dependence of w for an expanding universe in the generalised B-D theory and have obtained its explicit dependence on the nature of matter contained in the universe,in different era.Lastly we discuss how the observed accelerated expansion of the present universe can be accomodated in the formalism.Comment: 10 pages,No figure

    Endovascular Stent Treatment for Symptomatic Benign Iliofemoral Venous Occlusive Disease: Long-Term Results 1987–2009

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    Venous stenting has been shown to effectively treat iliofemoral venous obstruction with good short- and mid-term results. The aim of this study was to investigate long-term clinical outcome and stent patency. Twenty patients were treated with venous stenting for benign disease at our institution between 1987 and 2005. Fifteen of 20 patients (15 female, mean age at time of stent implantation 38 years [range 18–66]) returned for a clinical visit, a plain X-ray of the stent, and a Duplex ultrasound. Four patients were lost to follow-up, and one patient died 277 months after stent placement although a good clinical result was documented 267 months after stent placement. Mean follow-up after stent placement was 167.8 months (13.9 years) (range 71 (6 years) to 267 months [22 years]). No patient needed an additional venous intervention after stent implantation. No significant difference between the circumference of the thigh on the stented side (mean 55.1 cm [range 47.0–70.0]) compared with the contralateral thigh (mean 54.9 cm [range 47.0–70.0]) (p = 0.684) was seen. There was a nonsignificant trend toward higher flow velocities within the stent (mean 30.8 cm/s [range 10.0–48.0]) and the corresponding vein segment on the contralateral side (mean 25.2 cm/s [range 12.0–47.0]) (p = 0.065). Stent integrity was confirmed in 14 of 15 cases. Only one stent showed a fracture, as documented on x-ray, without any impairment of flow. Venous stenting using Wallstents showed excellent long-term clinical outcome and primary patency rate

    Diagnosis and Management of Iliac Artery Endofibrosis: Results of a Delphi Consensus Study

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    Objective Iliac endofibrosis is a rare condition that may result in a reduction of blood flow to the lower extremity in young, otherwise healthy individuals. The data to inform everyday clinical management are weak and therefore a Delphi consensus methodology was used to explore areas of consensus and disagreement concerning the diagnosis and management of patients with suspected iliac endofibrosis. Methods A three-round Delphi questionnaire approach was used among vascular surgeons, sports physicians, sports scientists, radiologists, and clinical vascular scientists with experience of treating this condition to explore diagnosis and clinical management issues for patients with suspected iliac artery endofibrosis. Analysis is based on 18 responses to round 2 and 14 responses to round 3, with agreement reported when 70% of respondents were in agreement. Results Initially there was agreement on the typical symptoms at presentation and the need for an exercise test in the diagnosis. Round 3 clarified that duplex ultrasound was a useful tool in the diagnosis of endofibrosis. There was consensus on the most appropriate type of surgery (endarterectomy and vein patch) and that endovascular interventions were inadvisable. The final round helped to inform aspects of the natural history and post-operative surveillance. Progression of the disease was likely with continued exercise but cessation may prevent progression. Surveillance after surgery is generally recommended yearly with at least a clinical assessment. Conclusions There is broad agreement about the presenting symptoms and the investigations required to confirm (or exclude) the diagnosis of iliac endofibrosis. There was consensus on the surgical approach to repair. Disagreement existed about the specific diagnostic criteria that should be applied during non-invasive testing and about post-operative care and resumption of exercise

    Statistics of Cosmological Inhomogeneities

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    This contribution to the Proceedings is based on the talk given at the Conference on Birth of the Universe and Fundamental Physics, Rome, May 18-21, 1994. Some selected topics of the subject are reviewed: Models of Primordial Fluctuations; Reconstruction of the Cosmological Density Probability Distribution Function (PDF) from Cumulants; PDFs from the Zel'dovich Approximation and from Summarizing Perturbation Series; Fitting by the Log-normal Distribution.Comment: 11 pages, 3 figures (available from the author), LaTe

    Cosmological Backreaction from Perturbations

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    We reformulate the averaged Einstein equations in a form suitable for use with Newtonian gauge linear perturbation theory and track the size of the modifications to standard Robertson-Walker evolution on the largest scales as a function of redshift for both Einstein de-Sitter and Lambda CDM cosmologies. In both cases the effective energy density arising from linear perturbations is of the order of 10^-5 the matter density, as would be expected, with an effective equation of state w ~ -1/19. Employing a modified Halofit code to extend our results to quasilinear scales, we find that, while larger, the deviations from Robertson-Walker behaviour remain of the order of 10^-5.Comment: 15 pages, 8 figures; replaced by version accepted by JCA

    Correspondence between kinematical backreaction and scalar field cosmologies - the `morphon field'

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    Spatially averaged inhomogeneous cosmologies in classical general relativity can be written in the form of effective Friedmann equations with sources that include backreaction terms. In this paper we propose to describe these backreaction terms with the help of a homogeneous scalar field evolving in a potential; we call it the `morphon field'. This new field links classical inhomogeneous cosmologies to scalar field cosmologies, allowing to reinterpret, e.g., quintessence scenarios by routing the physical origin of the scalar field source to inhomogeneities in the Universe. We investigate a one-parameter family of scaling solutions to the backreaction problem. Subcases of these solutions (all without an assumed cosmological constant) include scale-dependent models with Friedmannian kinematics that can mimic the presence of a cosmological constant or a time-dependent cosmological term. We explicitly reconstruct the scalar field potential for the scaling solutions, and discuss those cases that provide a solution to the Dark Energy and coincidence problems. In this approach, Dark Energy emerges from morphon fields, a mechanism that can be understood through the proposed correspondence: the averaged cosmology is characterized by a weak decay (quintessence) or growth (phantom quintessence) of kinematical fluctuations, fed by `curvature energy' that is stored in the averaged 3-Ricci curvature. We find that the late-time trajectories of those models approach attractors that lie in the future of a state that is predicted by observational constraints.Comment: 36 pages and 6 Figures, matches published version in Class.Quant.Gra

    Immunotoxicity of polystyrene nanoplastics in different hemocyte subpopulations of Mytilus galloprovincialis

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    Plastic represents 60-80% of litter in the ocean. Degradation of plastic to small fragments leads to the formation of microplastics (MPs <5mm) and nanoplastics (NPs <1 mu m). One of the most widely used and representative plastics found in the ocean is polystyrene (PS). Among marine organisms, the immune system of bivalves is recognized as suitable to assess nanomaterial toxicity. Hemocyte subpopulations [R1 (large granular cells), R2 (small semi-granular cells) and R3 (small agranular or hyaline cells)] of Mytilus galloprovincialis are specialized in particular tasks and functions. The authors propose to examine the effects of different sizes (50 nm, 100 nm and 1 mu m) PS NPs on the different immune cells of mussels when they were exposed to (1 and 10mg.L-1) of PS NPs. The most noteworthy results found in this work are: (i) 1 mu m PS NPs provoked higher immunological responses with respect to 50 and 100nm PS NPs, possibly related to the higher stability in size and shape in hemolymph serum, (ii) the R1 subpopulation was the most affected with respect to R2 and R3 concerning immunological responses and (iii) an increase in the release of toxic radicals, apoptotic signals, tracking of lysosomes and a decrease in phagocytic activity was found in R1

    Effects of hospital facilities on patient outcomes after cancer surgery: an international, prospective, observational study

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    Background Early death after cancer surgery is higher in low-income and middle-income countries (LMICs) compared with in high-income countries, yet the impact of facility characteristics on early postoperative outcomes is unknown. The aim of this study was to examine the association between hospital infrastructure, resource availability, and processes on early outcomes after cancer surgery worldwide.Methods A multimethods analysis was performed as part of the GlobalSurg 3 study-a multicentre, international, prospective cohort study of patients who had surgery for breast, colorectal, or gastric cancer. The primary outcomes were 30-day mortality and 30-day major complication rates. Potentially beneficial hospital facilities were identified by variable selection to select those associated with 30-day mortality. Adjusted outcomes were determined using generalised estimating equations to account for patient characteristics and country-income group, with population stratification by hospital.Findings Between April 1, 2018, and April 23, 2019, facility-level data were collected for 9685 patients across 238 hospitals in 66 countries (91 hospitals in 20 high-income countries; 57 hospitals in 19 upper-middle-income countries; and 90 hospitals in 27 low-income to lower-middle-income countries). The availability of five hospital facilities was inversely associated with mortality: ultrasound, CT scanner, critical care unit, opioid analgesia, and oncologist. After adjustment for case-mix and country income group, hospitals with three or fewer of these facilities (62 hospitals, 1294 patients) had higher mortality compared with those with four or five (adjusted odds ratio [OR] 3.85 [95% CI 2.58-5.75]; p&lt;0.0001), with excess mortality predominantly explained by a limited capacity to rescue following the development of major complications (63.0% vs 82.7%; OR 0.35 [0.23-0.53]; p&lt;0.0001). Across LMICs, improvements in hospital facilities would prevent one to three deaths for every 100 patients undergoing surgery for cancer.Interpretation Hospitals with higher levels of infrastructure and resources have better outcomes after cancer surgery, independent of country income. Without urgent strengthening of hospital infrastructure and resources, the reductions in cancer-associated mortality associated with improved access will not be realised
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