Anton Piller Orders in Nigeria

A ZLRev article on copyright infringement laws in Nigeria.In this article I shall examine the principles that guide Nigerian courts in granting Anton Piller orders in the wake of the Court of Appeal decision in Akumci Industries Ltd v Aynmn Enterprises Limited.' This decision is significant because it is one given so far by an appellate court in Nigeria on the issue. An Anton Piller order has been described as: ... an injunctive remedy which is obtainable ex parte to facilitate the inspection of the premises of a suspected copyright infringer and the seizure of infringing copies or such relevant materials and documents which are vital to the prosecution of the plaintiff's case, but which could be destroyed by the defendant, if he had prior notice of litigation against him

The Emerging Right to Communal Intellectual Property

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Administrative bias in South Africa

This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty) Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curativemechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1) of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route ofjudicial review

A return to the manifest justice principle: a critical examination of the "reasonable suspicion/apprehension of bias" and "real possibility of bias" tests for judicial bias in South Africa and England

The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of South Africa, 1996. Section 165 (4) provides that the organs of state shall through legislative and other measures assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. Furthermore, section 34 of the same Constitution provides that everyone has the right to have any dispute resolved by the application of law by a court or, whereappropriate another independent and impartial tribunal or forum. Article 6(1) of the European Convention of Human Rights and Fundamental Freedoms 1950 as incorporated in the Human Rights Act 1988, applicable in England since 2000 provides that: "In the determination of his civil rights and obligations … everyone is entitled to a fair hearing … by an independent and impartial tribunal established by law." The independence of courts and impartiality of judges are closely related in that they operate to sustain public confidence in the administration of justice. This article advocates a return to the use of the manifest justice principle enshrined as the proper context for the application of the tests of "reasonableapprehension of bias" adopted by South African courts and "real possibility of  bias" adopted by English courts in the consideration of allegation of apparent bias. This paper argues that the tests are different and that while the English test is a move of English courts from the real danger/likelihood test in consonance with an overwhelming global jurisprudence the South African test is a move away from this global jurisprudence and arguably back to the real danger/likelihood test. This paper also argues that the reasonable apprehension test as applied by the minority in SACCAWU v Irvin & Johnson Ltd (Seafoods Division Fish Processing) is a more acceptable interpretation of the reasonable apprehension test than the test laid down in President of the Republic of South Africa v SouthAfrica Rugby Football Union (2) and its interpretation by the majority inSACCAWU v Irvin & Johnson Ltd (Seafoods Division Fish Processing). Moreimportantly there is an examination of cases where the tests have been applied which hopefully shows that there are considerable problems and inconsistency in their application and argue that the manifest justice principle provides the proper context for the tests to be properly applied

Civil Questions Involving Customary Law as the Basis of Appellate Jurisdiction in Nigeria

Objectives: This paper examines an omnibus ground of appellate jurisdiction of the Customary Court of Appeal in Nigeria to demonstrate that this ground of jurisdiction which refers to ‘questions of customary law’ and the manner of interpretation by Nigerian courts has stifled the growth of customary law. Prior Work This work extends previous works on the nature of legal pluralism in Nigeria and how Nigerian courts interpret and develop this area of the law. Approach: Available literature as well as primary documents was used to the objectives of the study. Implications: This work is of value to academics and judges interested in the growth and development of customary law in particular and legal pluralism in Nigeria in general. Value: This paper suggests that a general omnibus jurisdictional clause should be expansively interpreted by Nigerian courts to recognise all issues concerning customary law as proper for appellate courts because this will tremendously assist the growth and development of customary law in Nigeria.&nbsp

The Prevalence of Malaria Antigen In The Serum of HIV Seropositive Patients In Port Harcourt.

Background: Malaria and HIV infections are now endemic in Sub-Saharan Africa. The morbidity and mortality of each infection is high in tropical Africa. Therefore, a co-infection of both will be expected to present a gloomy picture. The aim of this study was to determine the prevalence of adult HIV seropositive patients with malaria antigen.Methodology: 300 adults who were HIV seropositive were randomly selected and screened for malaria antigen, using the rapid diagnostic test technique on blood obtained through a finger prick, in the clinic.Results: A total of 79 patients were positive, with a prevalence of 26.5%.Conclusion: The prevalence of 26.5% obtained is similar to that obtained in Jos, Nigeria (21%).There seems to be no difference in the prevalence rate of HIV infected patients with malaria and those that are seronegative for HIV.Key Words: Malaria, HIV, seropositive, prevalence

HIV-positive nigerian adults harbor significantly higher serum lumefantrine levels than HIV-negative individuals seven days after treatment for Plasmodium falciparum infection.

Management of coinfection with malaria and HIV is a major challenge to public health in developing countries, and yet potential drug-drug interactions between antimalarial and antiviral regimens have not been adequately investigated in people with both infections. Each of the constituent components of artemether-lumefantrine, the first-line regimen for malaria treatment in Nigeria, and nevirapine, a major component of highly active antiretroviral therapy, are drugs metabolized by the cytochrome P450 3A4 isoenzyme system, which is also known to be induced by nevirapine. We examined potential interactions between lumefantrine and nevirapine in 68 HIV-positive adults, all of whom were diagnosed with asymptomatic Plasmodium falciparum infections by microscopy. Post hoc PCR analysis confirmed the presence of P. falciparum in only a minority of participants. Day 7 capillary blood levels of lumefantrine were significantly higher in HIV-positive participants than in 99 HIV-negative controls (P = 0.0011). Associations between day 7 levels of lumefantrine and risk of persistent parasitemia could not be evaluated due to inadequate power. Further investigations of the impact of nevirapine on in vivo malaria treatment outcomes in HIV-infected patients are thus needed

A return to the manifest justice principle: a critical examination of the "reasonable suspicion/apprehension of bias" and "real possibility of bias" tests for judicial bias in South Africa and England

The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of South Africa, 1996. Section 165 (4) provides that the organs of state shall through legislative and other measures assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. Furthermore, section 34 of the same Constitution provides that everyone has the right to have any dispute resolved by the application of law by a court or, where appropriate another independent and impartial tribunal or forum. Article 6(1) of the European Convention of Human Rights and Fundamental Freedoms 1950 as incorporated in the Human Rights Act 1988, applicable in England since 2000 provides that: "In the determination of his civil rights and obligations … everyone is entitled to a fair hearing … by an independent and impartial tribunal established by law." The independence of courts and impartiality of judges are closely related in that they operate to sustain public confidence in the administration of justice. This article advocates a return to the use of the manifest justice principle enshrined as the proper contextfor the application of the tests of "reasonable apprehension of bias" adopted by South African courtsand "real possibility of bias" adopted by English courtsin the consideration of allegation of apparent bias. This paper argues that the tests are differentand that while the English test is a move of English courts from the real danger/likelihood test in consonance with an overwhelming global jurisprudence the South African test is a move away from this global jurisprudence and arguably back to the real danger/likelihood test. This paper also argues that the reasonable apprehension test as applied by the minority in SACCAWU v Irvin & Johnson Ltd (Seafoods Division Fish Processing)is a more acceptable interpretation of the reasonable apprehension test than the test laid down in President of the Republic of South Africa v South Africa Rugby Football Union (2) and its interpretation by the majority in SACCAWU v Irvin & Johnson Ltd (Seafoods Division Fish Processing). More importantly there is an examination of cases where the tests have been applied which hopefully shows that there are considerable problems and inconsistency in their application and argue that the manifest justice principle provides the proper context for the tests to be properly applied. &nbsp

The Clinical and Laboratory Features of Plasma Cell NeoplasiaIn the University of Port Harcourt Teaching Hospital

OBJECTIVE: To analyze the clinical and laboratory features of Multiple Myeloma at presentation in a tertiary centre in Port Harcourt, Southern Nigeria.METHODS: The medical records of all patients diagnosed for plasma cell neoplasia within a 10 year period at the University of Port Harcourt Teaching Hospital were reviewed retrospectively. Clinical presentation, investigation results, support and specific therapy used were documented.RESULTS: A total of 20 patients were diagnosed with multiple myeloma, 70% were males, the mean age was 61.30 + 8.8 years, 50% of them had pathological fractures. The mean duration before presentation was11.89 + 11.7 months (Median = 7 months) and associated with poor outcome. The most common method of treatment was chemotherapy with Melphalan and Prednisolone.CONCLUSION: MM is a disease of the elderly that can negatively impact on the quality of life due to the complications associated with it. A long duration of symptoms before presentation is a common problem andit has been associated with substantial morbidity and mortality in this study