PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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| TITLE | MAIN ISSUES |
| MUHAMMEDU GADAM V. THE QUEEN | HEALTHCARE AND LAW:- Primary healthcare – Access to proper pre-natal primary healthcare for women – Implication for crime and justice administration |
| NABHAN V. NABHAN | HEALTHCARE AND LAW: – Suicidal attempt by married person – When directly linked to a course of event caused by spouse – Whether can be sufficient ground for grant of divorce on ground of cruelty |
| NAFIU RABIU V. KANO STATE | HEALTHCARE AND LAW:- Drug poisoning and autopsy– Medical reports and justice administration – Elimination of the possibility of drug poisoning – Where not contradicted by presence of high level of alcohol in body of deceased persons – Effect on proof of murder HEALTHCARE AND LAW:- Murder – Proof of – Evidence of medical experts – “Asphyxia resulting from strangulation” and “cardiac arrest” – Duty of court not to confuse different medical conditions – Implication for justice administration |
| NDU V. THE STATE | HEALTHCARE AND LAW:- Emergency medical services – Absence of – Public hospitals and critically ill-patients – Difficulty of obtaining access to doctors – Implication for justice administration HEALTHCARE AND LAW – INSANITY:- How proved where asserted as a defence in criminal proceedings – Relevant considerations – Evidence of a doctor who examined and watched the accused over a period of time as to his mental state – Evidence of relations who know the accused intimately relating to his behaviour and the change which had come upon him – The medical history of the family which could indicate hereditary mental affliction or abnormality – Need to consider such other facts and circumstances which will help the trial Judge come to the conclusion that the burden of proof of insanity, placed by the Criminal Code, on the defence, has been amply discharged – Implication for justice administration HEALTHCARE AND LAW:- Criminal proceedings – Adjournment sought by counsel – Attitude of court to adjournment sought on non-health grounds – Implications for justice administration |
| NTAH V. QUEEN | HEALTHCARE AND LAW: Access to basic healthcare – Woman with enlarged spleen due to chronic malaria killed almost immediately due to two blows landed on stomach |
| NWOFIA V. THE QUEEN | HEALTHCARE AND LEGAL POLICY: – Access to healthcare – Neglect of leprousy victims – Lack of effective healthcare coverage – Effect on families and Justice administration |
| NWOSISI V. THE STATE | HEALTHCARE AND LAW:- Persons living with disability – Blind and unwell persons in marriage – Right to assert paternity over child born during pendency of marriage even if the product of adultery condoned by the disabled spouse – Implications for justice administration |
| OBAYEMI V. OBAYEMI | HEALTHCARE AND LAW:- Divorce proceedings on ground of cruelty – Meaning of legal cruelty and health implications – “Legal cruelty may be defined as conduct of such a character as to have caused danger to life, limb or health (bodily or mental), or as to give rise to a reasonable apprehension of such danger.”- Legal implications |
| OBUMSELU V. COMMISSIONER OF POLICE | HEALTHCARE AND LAW: Pregnant students – Unlawful abortion – Access to health education, primary healthcare and other support services at tertiary education centers – Implication for justice administration |
| OGIDI AND ORS. V. THE STATE | HEALTHCARE AND LAW:- Herbalist or native doctors – Unregistered practitioners and centers – Patients at such centers – Legal designation and protection – Implications for law enforcement and justice administration |
| OGUNBANJO V. THE STATE | HEALTHCARE AND LAW:- Soldiers and mental healthcare – Consequences for law enforcement and justice administration |
| OGWA NWEKE ONAH V. THE STATE | HEALTHCARE AND LAW:- Access to mental healthcare – Lack of – Implication for justice administration HEALTHCARE AND LAW:- Murder proceedings – Proper treatment of blood found on accused person – Need for forensic examination and blood analysis – Failure thereto – Implication for justice administration |
| OHAKA V. QUEEN | HEALTHCARE AND SOCIAL – PHARMACY – Person not registered as Pharmacist using the words “United Chemists” to describe business premises – Offence under Pharmacy Act Cap. 152, S.21(1)(b). HEALTHCARE AND SOCIAL – PHARMACY – Poisons – Possession of for illegal purpose – Purpose to be proved by the Prosecution – Whether possession by a person not a Pharmacist constitutes per se an intention to use for an unlawful purpose – Section 60 Pharmacy Act. |
| OHAMUO V. THE STATE | HEALTHCARE AND LAW:- Persons living with mental disabilities – Access to treatment and relevant care – Effect of failure thereto – Implication for security of lives and justice administration |
| OJE V. THE STATE | HEALTHCARE AND LAW:- Emergency services for wounded persons – Need to make it a priority consideration for citizens who witness life-threatening incidents |
| OJO V. THE STATE | HEALTHCARE AND LAW:- “Partial delusion” and “black-out” – Forms of insanity – Failure of court to distinction between both – Whether fatal |
| OJO V. GHARORO | HEALTHCARE AND LAW: Surgical operations in public health facilities – Management of a patient by medical practitioners – Safety of surgical tools and procedures – Post-surgical pains arising from gynaecological surgical operation designated as successful – Subsequent x-ray examination confirming that there was a broken needle in woman’s abdomen requiring additional operations – Action for special and general damages for negligence – Burden of proof required |
| OLUDOTUN OGUNBAYO V. THE STATE | HEALTHCARE AND LAW:- Rape – Effect on health of young persons – Cost implications for family and public health facilities – Critical roles of medical healthcare givers in delivering care and justice to rape victims – Need for well-trained doctors |
| ORISAKWE V. STATE | HEALTHCARE AND LAW:- Critically injured person – Absence of emergency medical services – Dependence on private but untrained initiative to evacuate wounded persons to hospitals – Implications for justice administration HEALTHCARE AND LAW:- Proof of age of accused person alleged to be a minor – Registry of birth and death – Absence of name therein – whether conclusive proof – Fake birth certificate – Evidence of chronological age via physical examination by doctor – Determination of age of accused person via x-ray – Propriety thereof – How treated |
| OSADIAYE V. THE STATE | HEALTHCARE AND LAW:- Drug abuse – use of over-the-counter-drugs and alcohols by young persons – Implications for justice administration HEALTHCARE AND LAW: Proof of murder due to respiratory depression associated with shock arising from drug ingestion – ‘Madras’ tables – Post-mortem examination which could not identify specific drug – What prosecution must prove |
| OTOMEWO V. EZEKWE | HEALTHCARE AND LAW:- Doctor and patient relationship– Conduct towards patient – Statement made by doctor regarding patient’s religion – Patient remaining in care of doctor after apologies – Relief available to doctor from defamation arising therefrom |
| OTOTE V. GENERAL MEDICAL COUNCIL (GMC) | HEALTHCARE AND LAW – PROFESSIONAL MISCONDUCT:- Medical doctor and alleged inappropriate conduct towards nurses – How treated |
| OYEDO V. OYEDO | HEALTHCARE AND LAW:- Custody of children in divorce proceedings – Condition of health of children – Medical evidence as to same – Whether relevant factors |
| OYINLOLA OLUFUNKE OBAYEMI | HEALTHCARE AND LAW: – Divorce proceedings on ground of cruelty – Meaning of legal cruelty and health implications – “Legal cruelty may be defined as conduct of such a character as to have caused danger to life, limb or health (bodily or mental), or as to give rise to a reasonable apprehension of such danger”- Legal implications |
| SALAU ATANDA V. QUEEN | HEALTHCARE AND LAW:- Murder of a person proved to be ill and unable to defend himself by cutting his throat with a knife – Relevance in discharging a plea of self-defence or provocation – Attitude of court thereto |
| SUNNY TONGO AND HELEN TONGO V. COMMISSIONER OF POLICE | HEALTH LAW: Health of elderly persons and criminal justice system – Propriety of putting an 85 years old on trial to open his defence even though he was first arraigned when he was 62 years – Attitude of court to inherent health-risks of the venture |
| THE KING V. LOVEGROVE | HEALTHCARE AND LAW:- Care of pregnant women – Abortion – Using certain instruments to procure the miscarriage of a certain woman – When constitutes an offence – Relevant considerations |
| THE REGISTERED TRUSTEES OF NATIONAL ASSOCIATION OF COMMUNITY HEALTH WORKERS V. MEDICAL AND HEALTH WORKERS UNION OF NIGERIA AND ORS. | HEALTHCARE AND LAW:– Healthcare Professionals – Right to form and join union of their choice – Regulatory interference with same – How treated |
| TONY ANOZIA V. MRS PATRICIA OKWUNWA NNANI & ANOR | HEALTHCARE AND LAW:- Paternity testing – DNA – Technology enabled testing of genetic constitution of an adult to confirm his paternity without his consent – Propriety – Attitude of court thereto |
| UBANI V. THE STATE | HEALTHCARE AND LAW:- Forensic Medicine in Nigeria – Medical evidence – Inability to determine sex and identity of a deceased person from specimen provided – Implication for justice administration HEALTHCARE AND LAW:- Medical evidence – Whether a sine qua non to establishing cause of death |
| UDOFA V. THE KING | HEALTHCARE LAW:- Care of pregnant woman – procurement of abortion through abortificient concoction prepared by a herbalist – access to primary and pre-natal care – view of court thereto |
| UDOFIA V. THE STATE | HEALTHCARE AND LAW:- Military servicemen – Mental illness – Adequacy of treatment regime – Recourse to herbalist for treatment and cure – Re-absorption of soldiers cured by herbalists into service – Consequences HEALTHCARE AND LAW:- Proof of Insanity and Delusions – Mental breakdown – Treatment and ‘cure’ of victim/active soldier by herbalist – Re-absorption of soldier into duty – Relapse leading to killing of girlfriend and assault of several others – Implication for justice administration |
| UDOFIA V. THE STATE | HEALTHCARE AND LAW:- Servicemen and access to proper mental healthcare – Soldier treated and ‘cured’ by herbalist for mental health problem – Subsequent murder of girlfriend and assault of several others due to alleged hallucinations/insane delusions – Implication for justice administration |
| UKADIKE V.THE STATE | HEALTHCARE AND LAW:- Insanity/Mental unsoundness – Absence of emergency care for insanity sufferers – Recourse to ‘herbalists’ – Implication for crime, family wellbeing and justice administration HEALTHCARE AND LAW:- Proof of mental unsoundness/insanity – Nature of evidence required – Evidence of a person who is not a credentialed psychiatrist suffices – Evidence of doctor in other fields – How treated |
| UMUNNA V. QUEEN | HEALTHCARE AND LAW:- Primary healthcare and emergency services – Practice of inviting police to critically injured persons instead of health emergency services – Effect |
| UNITED BANK FOR AFRICA LTD & ANR V. MRS. NGOZI ACHORU | HEALTHCARE AND LAW – PHYSICAL DISABILITY:- Physical disability after full recovery from injury arising from negligent act of third party – Damages that can be awarded – Distinction between ‘Pain and Suffering” and “Loss of amenities of life” How assessed – Duty of court thereto |
| UNITY BANK PLC V. DENCLAG LIMITED & ANOR | HEALTHCARE AND LAW:- Contract for procurement of public healthcare facilities – Financing plan – Matters arising therefrom – How treated |
| UNIVERSITY OF ILORIN TEACHING HOSPITAL v MRS. THERESA AKILO | HEALTHCARE AND LAW:- Professional negligence – Doctors employed in public health institution – Court with jurisdiction to hear claim – Nature of liability of doctor and employer HEALTHCARE AND LAW:- Professional negligence – Doctor employed n public health institution who maintains a private clinic – Practice of referring patients in public institution to own private hospital – Alleged negligence arising therefrom – How treated |
| UPETIRE V. A.G. WESTERN NIGERIA | HEALTHCARE AND LAW:- Access to healthcare – Accused Person afflicted by Geroderm from birth – Disease shown by medical evidence to carry with it some degree of mental trouble which gets worse with age of sufferer – Whether ground for inference of insanity – Whether there is need for evidence as to the extent to which the disease had affected the appellant’s will, and his ability to control his action, at the time of the act complained of – Evidence of mental illness – Whether a surgeon specialist can give evidence as to same – Relevant considerations |
| UTUK V. QUEEN | HEALTHCARE AND LAW: – Leprosy – Cultural attitude towards lepers and lack of medical treatment/reintegration – Discriminatory treatment of lepers and justice administration |
| WATSON V. WATSON | HEALTHCARE AND LAW: Women and reproductive medicine – Effect on children – Woman on contraceptives at time of conception – Paternity issue arising therefrom – Whether use of contraceptive displaces the presumption of paternity and legitimacy of child born during pendency of marriage – How treated |
| WHITE V. EDMOND | HEALTH AND LAW:- Child bearing age – Determination of a woman’s status as one of impossibility of issue – Whether based on chronological number of years – Relevant considerations – Implication for Law Enforcement |
| WILLIAM ECHEM V. THE QUEEN | HEALTHCARE AND LAW:- Military veterans discharged on grounds of mental unfitness likely to affect future efficiency – Where not placed on close medical supervision – Implication for justice administration and crime |
| WILLIE V. THE STATE | HEALTHCARE AND LAW:- Access to healthcare and health education – Alleged poisoning and stomach ache – Reliance on home ‘cure’ administered at home by non-medical professional even in the face of deteriorating condition – Mental illness – Implications for crime and justice administration |
| WILSON V. INYANG | HEALTHCARE LAW: Medicine – Non-registered medical practitioner – Using title of “physician” in advertisement – Defendant’s genuine belief in right so to do – Question of fact for magistrate – Whether unreasonableness of belief merely evidential and not conclusive – Medical Act, 1858 (21 & 22 Vict. c. 90), s. 40. |
| WUSU V. WUSU | HEALTHCARE AND LAW:- Mental health treatment in Nigeria – Recourse to Native doctor when improvement is not seen – Mental health reporting and analysis practices in Nigeria – Whether suffering abortion is connected to severe break-down in mental health – Implication for justice administration HEALTHCARE AND LAW: – Mental illness – Distinction between one who is continuously insane with lucid moments and one who suffers from recurrent attacks of insanity or unsound mind – Legal effect of distinction |
| X V. SECRETARY OF STATE FOR THE HOME DEPARTMENT | HEALTHCARE AND LEGAL POLICY:- Expulsion or removal of person from territory on ground of mental illness – Human Rights – Whether Secretary of State entitled to remove mentally ill patient detained in hospital by using powers under Immigration Act 1971 instead of powers under Mental Health Act 1983 – Whether policy of using Immigration Act 1971 fettered Secretary of State’s discretion – Whether removal would violate Art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 |
| YONGE V. TOYNBEE | HEALTHCARE/MEDICINE AND LAW:- Lunacy or unsoundness of mind – Effect on existing contract of sufferer |
| YOUNGHUSBAND V. LUFTIG | HEALTHCARE LAW: Official designation of medical practitioner – Need to comply with the registration laws – Attitude of courts to default thereto |
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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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