Relevance of rules of contract in tort situations

The historical origins of tort and contract have left some technical rules which separate them and may make it advantageous for a plaintiff to sue in tort or in contract. For example the duty in contract is generally strict while that in tort is not generally so. A plaintiff who has alternative cause of action in tort and contract may thus sue in contract. But this advantage is not listed to the law of contract for generally the damages that are recoverable in tort are wider than in contract. Also under the limitation of actions it is submitted that given the same circumstances arising from breach of duty, time may begin to run or may expire in contract when it has not begun to run in tort. This conflict between tort and contract raises the problem as to what law should be given primacy in a conflict situation. Three possible answers exist: (1) To give primacy to contract as creating the relationship;(2) To give primacy to tort on the basis that to exclude tort is to allow a wrongdoer benefit by committing two wrongs instead of one;(3) To give primacy to none and allow the plaintiff choose his cause of action. Some systems have made a choice between these but at common law only the second answer has not been adopted. Thus a Plaintiff may in some cases bring his action in tort or in contract or in contract alone depending on the capacity in which the contractual relationship is entered into. This conflict has extended to Private International Law and it is interesting to observe that the Courts have gone off in all directions to find an answer

Climate Change Mitigation and OPEC Economies

This thesis focuses on the relationship between the Organisation of Petroleum Exporting Countries (OPEC) economies and global climate change mitigation policies with a view to determining the energy exports demand security risks of OPEC member states. The successful implementation of a universally adopted climate regime has been marred with controversies as different interest groups have raised their concerns about all the options presented so far. OPEC as the major crude oil exporting group in the world has been in the forefront of these debates and negotiations. OPEC’s major concern is the envisaged adverse impacts of the industrialised countries carbon reductions on its members' economies. Several studies have shown that when industrialised countries adopt carbon dioxide emissions reduction policies in line with the United Nations Framework Convention on Climate Change, such as carbon taxes and energy efficiency strategies, OPEC’s net price of crude oil decreases at the same time as a reduction in the quantity of crude oil products sold. OPEC believes that such climate change policy-induced fall in crude oil exports revenues would have a significant negative effect on its members' economies. With the limitations related to the assumptions of the existing energy economy models on the impacts of climate change mitigation policies on OPEC’s economies (Barnett et al, 2004), this study opts for a risk based model. This model quantifies the energy exports demand security risks of OPEC members with special interest on crude oil. This study also investigates the effects of carbon reduction policies on crude oil prices vis-à-vis the impacts of crude oil prices on OPEC’s economies. To address these three main issues, this thesis adopts a three-prong approach. The first paper addresses the impacts of climate change mitigation on crude oil prices using a dynamic panel model. Results from the estimated dynamic panel model show that the relationship between crude oil prices and climate change mitigation is positive. The results also indicate that a 1% change in carbon intensity causes a 1.6% and 8.4% changes in crude oil prices in the short run and long run, respectively. The second paper focuses on the impacts of crude oil prices on OPEC economies using a panel vector auto regression (VAR) approach, highlighting the exposure of OPEC members to the volatile crude oil prices. The findings from the panel VAR model show that the relationship between OPEC members’ economic growth and crude oil prices is positive and economic growth in OPEC member states respond positively and significantly to a 10% deviation in crude oil prices by 1.4% in the short run and 1.7% in the long run. The third paper creates an index of the risks OPEC members face when there is a decline in the demand for their crude oil exports. To show these risks, this study develops two indexes to show the country level risks and the contributions to the OPEC-wide risks exposure. The results from the indexes show that OPEC members that are more dependent on crude oil exports are faced with more energy exports demand risks. The findings from this thesis are relevant for the development of a new OPEC energy policy that should accommodate the realities of a sustainable global climate regime. They are also useful to the respective governments of the countries that are members of OPEC and non-OPEC crude oil exporting countries. Finally, the outcomes of this thesis also contribute to the climate change and energy economics literature, especially for academic and subsequent research purposes

Arthropod succession on pig carcasses in southeastern Nigeria

The domestic pig (Sus scrofa) was used as a model to study arthropod succession on carcasses under tree shade and out of shade in southern Nigeria. Carcass decomposition took longer periods under tree shade than in exposed sites, at 24.5 and 16.5 days, respectively. Four decomposition stages - fresh, bloated, decay, and dry - were observed. No significant variabilities were recorded in the types and patterns of infestation of the carcasses by arthropods in both locations. Four classes of arthropods - Insecta, Arachnida, Diplopoda and Crustacea - were recorded. The class Insecta dominated the total arthropods collected with 24 families, and formed 94% of the catches. The other three classes each had one family represented, and contributed only 2% of the total catches. The calliphorids, a phorid, and sarcophagids arrived and bred on the carcasses only a few hours after death of the pigs. Families of coleopterans came during the bloated stage, and fed on the immature dipterous maggots and carrion materials. The ants (Hymenoptera) came in large numbers to eat the carcasses, and also preyed on all other fauna of the food resource. A muscid and a stratiomyiid, bred on the carcass as to the decay stage. Other insects and arthropods arrived mostly during the decay stage to feed on the carcasses. Species richness on the carcasses peaked during the decay stage.O porco branco (Sus scrofa) foi usado como modelo para o estudo da sucessão de Artrópodes em cadáveres em zonas sombreadas e não sombreadas por árvores no sul da Nigéria. Nos cadáveres em decomposição em zonas sombreadas observou-se um processo de decomposição mais lento que nos expostos ao sol; 24,5 e 16,5 dias, respectivamente. Foram observadas quatro etapas de decomposição; fresco (autólise), intumescido (putrefação), deteriorado e seco (diagênese). Não foram observadas diferenças significativas de tipo e padrão nas infestações dos cadáveres por Artrópodes em ambas as condições. Foram registradas quatro classes de Artrópodes: insetos, aranhas (Arachnida), Diplópodes e Crustáceos. Os insetos foram a classe predominante representada por 24 famílias no total de 94% das coletas. Para cada uma das três classes restantes registrou-se apenas uma família no total de 2% das coletas. As moscas das famílias Calliphoridae, Phoridae e Sarcophagidae tomaram lugar e desenvolveram-se nos cadáveres apenas algumas horas após a morte dos animais. As famílias de coleópteros surgiram na fase de putrefação e alimentaram-se de insetos dípteros jovens e dos próprios cadáveres. As formigas (Hymenoptera) ocorreram em grande número para se alimentar dos cadáveres e usurpar, à restante fauna presente, a fonte de alimento. Na fase de deterioração desenvolveram-se nos cadáveres uma espécie de Diptera da família Muscidae e uma de Stratiomydae. Outros insetos dípteros e artrópodes surgiram para se alimentar dos cadáveres sobretudo na fase de deterioração. O ponto de maior riqueza de espécies (S) foi registrado na fase de deterioração dos cadáveres

The Pattern and Outcome of Severe Trauma from a Dedicated Trauma Centre in Nigeria: An Observational Study

Background: Trauma is a leading cause of mortality and a major contributor to disability in various parts of the world. The pattern of trauma and outcome of trauma differ in various parts of the world. Despite that the Trauma burden in the country is high and there are limited published studies on the pattern and outcome of severe trauma in Nigeria presently. Aim: To evaluate the pattern and outcome of severe trauma at dedicated regional trauma centre in Port Harcourt, Nigeria. Method: Data of patients presenting with severe trauma between January 1, 2007 and December 31, 2007 at the hospital was collated and analysed. Trauma demographics, type of care and the outcome of care of the recruited patients was evaluated and presented as descriptive statistics. Result: Seven hundred and sixty two patients were seen with severe trauma but data of 746 patients had enough information was analysed. These represents 12.3% of the total number of patients with trauma seen at the hospital (n = 6180). Most of the patients with severe trauma seen at the centre were males with a mean age ± standard deviation, 28.5 ± 11.3 years. Road traffic collision was the commonest cause of injury (41.2%) but gunshot wounds contributed a sizable number of the injuries (36.7%). The median Injury Severity Score (ISS) was 20 (range = 16 – 75) while the mean Revised Trauma Score (RTS) ± SD was 7.1 ± 1.3. Mortality among patients with severe trauma was 90 (12.1%). Three hundred and forty two patients (45.1%) had satisfactory and good outcome whereas 260 patients (34.9%) had fair and poor outcome. Some patient (n=24 {3.2%}) discharged themselves from the hospital against medical advice, Head injury was the highest contributor to mortality Conclusion: Trauma burden is an identified problem in Port Harcourt Nigeria. Road traffic crashes and gunshot wounds were the highest contributor of severe trauma at the centre. Severe trauma constitutes only 12% of trauma cases seen at the centre and mortality from severe trauma was 12%. Keywords: Trauma, Severe Trauma, Trauma Pattern, Outcome, Nigeri

Evaluating the Gas Flaring Commercialisation Policy in Nigeria: An Agenda for Mitigating Gas Flaring

Nigeria is an oil and gas producing country but sadly its gas sector had suffered serious setback in terms of development and utilisation.  Although, the crude oil sector is nearing maturity, the gas sector is still in its infancy due to some past regulatory mistakes. As a result of low gas utilization and past development policies, gas flaring became the bane of the petroleum industry in Nigeria for over five decades and this is with no end in sight. Amidst, the abundant natural gas reserves, the country was considered one of the worst gas flaring nations after Russia. Past policies and legal regimes to reduce gas flaring were rather episodic and unrealistic due to several reasons notably: policy instability, lack of cooperation by the International Oil Corporations (IOCs) and the lack of political will by the Federal Government. Gas flaring in Nigeria contributes to both economic waste as well as a huge environmental challenge in the oil and gas producing communities. It was against this background that the Federal Government recently announced measures for the utilisation of flared gas from the Niger Delta region. The objective is to make hitherto gas flared to be commercially utilised thereby reducing their environmental footprint.  The significance of this paper is to examine the efficacy of these inchoate   government policies and their fit for purpose. The paper found that any such measure must be backed up with enforcement mechanism with attractive terms for new entrants into the gas sector development in Nigeria. Keywords: Gas Sector, Gas Development, Utilisation, Flaring, and Nigeria. DOI: 10.7176/JLPG/96-15 Publication date: April 30th 202

Road Traffic Crash as a Public Health Issue in Nigeria： Review Article

Road Traffic Crashes continues to pose significant menace globally. The burden of road traffic crashes is worse in the middle and low income countries like Nigeria despite that the region has less than 10% of global vehicles. The situation in Nigeria is even more worrisome as the country continues to rank low in World Health Organization indices for road traffic safety. Despite efforts of various government agencies towards implementation of policies and regulations to reduce the incidence of RTC on Nigerian roads, the number of crashes witnessed on various roads in Nigeria remains high. There has been reported decrease in the number of road traffic crashes, injuries and deaths from RTC from the Federal Road Safety Commission in Nigeria over the years. This reported decrease in RTC and its consequences still require validation by reliable data which is yet to be available at the moment in Nigeria. The aim of this review is to appraise the current trends in the incidence of road traffic crashes and its consequences in Nigeria and efforts to reverse the persisting pattern in the country

Film as therapy for neurosis: A psychoanalytical evaluation of Kunle Afolayan’s October 1

With the preponderance of civil unrest and poor families who are unable to afford three meals per day; high rates of unemployment, kidnapping, banditry, terrorism, Fulani herdsmen conflict and also threat of COVID-19; many of the populace have been left in states of depression and corresponding psychological traumas. These events have further aggrandised neurosis in some citizens in Nigeria today. However, film as a storytelling medium, has a great influence on the minds of the general public due to its audio-visual characteristics and potency to hypnotise the minds of the audience. No one would deny today that film is a popular art that shapes the mind-set of the audience and can be used in educating the public to be better citizens of their country. Consequently, the problem of study rests on the common erroneous notion that film is merely a source of entertainment or relaxation. This undermines film’s potentiality as a veritable psychoanalytical therapy needed in recent times to treat neurosis in Nigeria. Furthermore, the research, extols film as a functional psychoanalytical therapy that can challenge the audience to re-examine their mental states and compel them to make a positive change for their own good and that of the society at large. The research utilised the Psychoanalytical theory of Sigmund Freud’s The Ego and The Id, (1923), as theoretical frames for the study while evaluating kunle Afolayan’s October 1 as a case study for ascertaining the therapeutic nature of film suitable for treating neurosis. The content analysis and case study approaches of the qualitative research methodology was adopted for the study. Findings in this research indicated that, film is a gestalt of perception well suited for treating the neurosis in audience members aiding them to gain an in-depth knowledge of their mental wellbeing, and by extension correcting every maladjusted behaviour they exhibit. However, if film must remain therapeutic in this era, basic psychology study should be introduced in the theatre and film practice and filmmakers must gird themselves with those theories, in order to apply them in their films for the immediate benefit of the Nigerian society.&nbsp

Complete Evaluation of Residual Stress States Using Acoustoelasticity

The acoustoelastic technique for the nondestructive evaluation of stress is based on the stress-induced changes in the speed of wave propagation. In the application of acoustoelasticity, three different approaches have been adopted. For the sake of discussion, we will consider the case of a plane state of stress in an initially isotropic material. The most common technique uses shear waves propagating normal to the plane of stress [1,2]. This technique takes advantage of the stress-induced birefringence of the shear waves which, in the case considered, is proportional to the difference in the principal stresses. Another technique which is currently receiving considerable attention involves two shear-horizontal (SH) waves propagating in the principal stress directions, with their polarizations in the other principal direction [3–5]. In this approach, the difference in the speeds of the two SH waves can be related to the difference in principal stresses directly. Knowledge of the material’s elastic or acoustoelastic constants is not required. The final approach uses a single longitudinal wave propagating perpendicular to the plane of stress, with the change in the speed of this wave being proportional to the sum of the principal stresses [6,7]

Evaluation of Botanical Mixtures for Insect Pests Management on Cowpea Plants

Studies were conducted at the Research Farm of the Institute for Agricultural Research, Zaria in 1999 and 2000 rainy seasons to evaluate the efficacy and synergistic activity of extracts mixtures from herbal landraces in reducing pests numbers on cowpea plants and ensuring high yield of grains. The extracts mixed in a ratio 10:10 % w/w included: cashew nutshell + garlic bulb; cashew nutshell + African pepper and garlic bulb + chilli pepper. The results indicated that all the herbal extract mixtures reduced the numbers of the tested insect pests (legume flower bud thrips, legume pod borer larvae and pod sucking bugs) and pod damage as well as increased grain yields by 4 - 5 times compared to the untreated control in the two years of investigation. The synergistic advantage of mixing two different plant species in botanical formulations could play a key role in the renewed effort to control pests of agricultural crops using biopesticides