Faculty of Law

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Browsing Faculty of Law by Author "Chukwunye Augusta Ojeih"

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    A Critical Analysis of the Role of the Courts in Determining Breach of Duty of Care in the Law of Tort
    (2021) Chukwunye Augusta Ojeih
    To succeed in an action for negligence under the law of torts, a plaintiff must prove that the Defendant owed to the plaintiff a duty of care, that the Defendant had violated that duty of care, and that the plaintiff suffered some injury as a result of the breach of duty of care. Accordingly, before going into the question as to whether a breach of the duty has occurred, it is necessary to first resolve the issue as to existence or otherwise of a duty of care and the degree of such duty as well as standard of care. It is only after this that an examination into the actions of the defendant and as to whether a breach has occurred, would become necessary. This paper undertakes a critical look into involvement and attitude of the court over the years in resolving the question of breach of duty of care under the Law of Torts. Beginning with a cursory look at duty of care and the neighbor principle as enunciated in Donoghue v. Stevenson as well as the factors that determine existence or otherwise of duty, the paper proceeds for purposes of proving breach of duty, to determine the expected standard of care, the reasonable man’s test and the doctrine of Res Ipsa Loquitur. Then follows a consideration of what prevailing attitude of courts of law to (classes of defendants in cases relating to) breach of duty of care is, and a conclusion that acknowledges the continuing nature of discussions on breach of duty of care, especially in view of the wide and flexible nature of the subject and the fact it is more often than not, affected by numerous, sometimes unanticipated and unanticipatable circumstances.
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    An Apprasial of Emerging Issues in the Law and Practice Relating to Bail, Bondspersons and Forfeiture of Recognizamnce in Nigeria
    (Law and Courts eJournal, 2021) Chukwunye Augusta Ojeih
    A basic constitutional right of a suspect who is being held in the custody or is arraigned in court on criminal charges, is the right to be admitted to bail, pending the final determination of the case against him. This right is founded on the accusatorial criminal justice system, and the constitutional principle that an accused person is presumed innocent until his guilt is proven beyond reasonable doubt in a court of law. In exceptional circumstances, bail may even be granted also to a person who has been found guilty of a criminal offence, pending the determination of his subsisting or proposed appeal. Bail is granted to the accused person either unconditionally or subject to some conditions usually referred to as the terms of bail, which may include production of surety, sureties or bondspersons, among other conditions. The terms or conditions of bail are considered necessary for purposes of guaranteeing the availability of the accused person to face his trial, or until the final determination of the charge against him. Where an accused person who has been granted bail upon production of sureties or bondspersons, thereafter jumps bail, there is an obligation on the part of the surety/bondsperson to produce the accused person; else, the surety may be liable to show cause why the surety should not be made to forfeit the recognizance the surety entered into as a condition for admitting the accused person to bail. A lot of controversies and confusions has arisen from the practice and use of sureties/bondspersons, the abscondment of accused persons, the practice of revocation of bail and forfeiture of recognizance in Nigeria. This paper is aimed to explain as well as to examine the law and practice as they relate to grant of bail to suspects in custody and persons charged to court on commission of criminal offences, the use of recognizance, sureties or bondspersons, jumping of bail and the concept of forfeiture of recognizance in Nigeria. The aim of the authors herein is two fold; to clarify the law and principles on these subjects, for the benefits of researchers, practitioners and stakeholders in criminal justice administration, to analyse the practical application of the law in these fields with a view to determining on the one hand, to what extant the practice in Nigeria is in tandem with extant law and principles of reasonableness, and on the other hand, the extent of conformity of the Nigerian law on same, to international best practices.
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    Biotechnology Regulatory Conundrum: Balancin Innovation with oversight
    (The Journal of Sustainable Development Law and Policy, 2024) Chukwunye Augusta Ojeih
    The development and application of biotechnology in Nigeria have been significantly influenced by environmental factors, with the country's unique ecological context shaping the adoption and regulation of biotechnology. Nigeria's biodiversity hot spots, such as the Niger Delta and savannas, have driven the development of biotechnology solutions for the conversation and sustainable use of natural resources. Environmental concerns, including deforestation, soil degradation, and water pollution, have also spurred the adoption of biotechnology in areas like sustainable agriculture and bio remediation. Furthermore, the impact of climate change on Nigerian agriculture has led to increased investment in climate-resilient biotechnology research and development. As a result, Nigeria's burgeoning biotechnology sector faces a regulatory conundrum as the country strives to harness the technology's potential while ensuring public safety and environmental sustainability. In Nigeria, the National Biosafety Management Agency (NBMA), the National Environment Standards and Regulations Enforcement Agency (NESREA), and the National Agency for Food and Drug Administration and Control (NAFDAC) share regulatory oversight, but challenges persist. This paper examines the tension between innovation and oversight in Nigeria's biotechnology regulatory landscape, highlighting issues of institutional capacity, public engagement, and ethical considerations. A balanced approach is proposed, integrating stringent regulatory frameworks, robust public participation, and innovation-friendly policies to foster responsible biotechnology development in Nigeria. This paper employs an analytical and comparative approach, utilising the doctrinal legal research methodology, which involves scrutinising both primary and secondary sources to provide a comprehensive and insightful examination of the issue under consideration.
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    Content Creators: Rights under the Nigerian Copyright Act 2022
    (Redeemer's University Journal of Jurisprudence and International Law, 2024) Chukwunye Augusta Ojeih
    Communication and content creation are the foundation of all social interactions. Our methods of sharing information and conversing has been completely transformed by social networking sites like WhatsApp, Twitter, Instagram, LinkedIn, and others. The men and women behind these social media platforms are referred to as ‘content creators’. The evolution of the content creation industry has various implications on the structure of creativity, the organisation and management of individual and national economic systems, the distribution and utilisation of resources to foster sustainable economic expansion, and the shifting landscape of employment trends and opportunities, on education, on infotainment, and so on. But do these creators have any enforceable copyright rights? A cursory look at the Nigerian Copyright Act 2022 appears as though content creators are not recognised; however, an in-depth study of the Act shows otherwise. Content creators have recognizable and enforceable rights under the copyright law. This paper highlights the copyright rights of these authors; the work they produce is an extension of their personalities. Using primary and secondary sources of law, this paper adopts the doctrinal legal research technique. This article concludes that content creators, as authors under copyright, should be accorded their due respect. They have valid and enforceable rights under the law. Take away from content creators their copyright and you would very soon take away from Nigeria her authors.
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    Digital Innovation and Technological Advancement: Any Role for Copyright in the Wake of Artificial Intelligence in Nigeria?
    (African Journal of Law, Ethics and Education, 2025) Chukwunye Augusta Ojeih
    The burgeoning integration of artificial intelligence (AI) in creative industries has precipitated a paradigmatic shift in the way intellectual property is generated, disseminated, and protected. This article undertakes a critical examination of the intersectionality of digital innovation, technological advancement, and copyright law in Nigeria, with a specific focus on the implications of AI on the existing copyright framework. Through a doctrinal analysis of relevant statutes, case law, and scholarly literature, this paper interrogates the capacity of Nigerian copyright law to accommodate the nuances of AI-generated creative works, and identifies the resultant challenges and opportunities. This article argues that the current copyright regime in Nigeria is inadequate to address the complexities of AI-driven creativity, and proposes a multifaceted reform framework that integrates elements of human authorship, machine learning, and data protection. By situating the discussion within the context of Nigeria’s digital economy, this article contributes to the ongoing discourse on the future of copyright in the AI era, and offers a nuanced perspective on the role of copyright law in promoting innovation, creativity, and economic growth in the country.
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    Regulatory Frameworks, Compliance and Healthcare Responsibilities on Informed Consent in Nigeria
    (African Journal of Law, Ethics and Education, 2025) Chukwunye Augusta Ojeih
    Informed consent is a cornerstone of healthcare ethics and law in Nigeria. However, ensuring regulatory compliance and healthcare provider accountability remains a challenge. This paper examines the tripartite relationship between regulatory frameworks, institutional compliance, and healthcare provider responsibilities in obtaining informed consent; it analyzes existing laws, policies, and guidelines to identify gaps. It further scrutinizes the role of healthcare institutions and providers in ensuring effective informed consent practices, highlighting the challenges and opportunities for promoting patient autonomy and dignity in Nigeria’s healthcare system. This study ultimately argues that a multifaceted approach, incorporating regulatory reform, institutional accountability, and provider responsibility is essential for ensuring the integrity and efficacy of informed consent in Nigeria’s healthcare sector. This paper adopts analytical and comparative approach, utilizing the doctrinal legal research methodology which involves the scrutiny of both primary and secondary sources to provide an encompassing and insightful examination of the issue under consideration.
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    The Functionality of Patent Law in Environmental Technologies and Climate Change: An Inspiration for Nigeria
    (Department of Commercial and Property Law, Nnamdi Azikiwe University, 2023) Chukwunye Augusta Ojeih
    The law is indispensable as an agent or instrument of both social control and change. Thus, it is common place to use the instrumentality of the law to effect social, political, economic, educational, socio-economic, and climatic changes. The Patent law performs part of this role by protecting human activities; it is designed for encouraging the development of advanced technologies. Its subject-matter is formed by new innovations, creativity, ideas, and inventions produced by man for man. The production of material wealth results from interactions between human beings within the society; the raw materials used in the process of production are derived from the environment. It is for this reason that nature and society must agree for any meaningful and sustainable programme to take place. Consequently, if nature is not protected, the future of the society will be in jeopardy. The patent system, in collaboration with other factors, can help in the assimilation and utilisation of ecological technologies; thus, beyond the orthodox ex-ante and post-ante analysis of the patent landscape, it is a veritable vehicle in the acquisition, adaptation, and advancement of environmental technologies in climate change.
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    The Nigerian Patent Law: A Statute Begging for Amendment
    (OAU Journal of Public Law, 2023) Chukwunye Augusta Ojeih
    Law is an integral social process which is resorted to for organizing the society in an orderly manner, and the legal system and statute are very significant part of the larger social system. Consequently, law is generally a very dynamic subject and the practice of law ought to change to reflect the changing nature of our society. That is because law is made for man and not man for law. It has however been observed that while our society is changing, our Nigerian Patent Act remains unchanged; thereby denying this aspect of its proper law functions.
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    Trademark Infringement in Nigeria and Routine Activity Theory: What is Left to Discuss?
    (2023) Chukwunye Augusta Ojeih
    In pre-industrial societies, land functioned as the source of virtually all wealth. However, the advent of the industrial revolution changed all that. It required that certain individuals and institutions be willing to take substantial risks in order to finance new inventions, machinery, and business enterprises. Eventually, bankers, intellectual property (IP) creators and owners, industrialists, and other holders of large sums of money replaced landowners as the most powerful economic force. By reason of all these, existing laws were recalibrated and new laws were made to ensure that people who invested their funds in the hope of realising greater profits and thereby becoming business owners of property and business firms were neither disappointed nor defrauded. One of such laws is the Nigerian Trademark law, which primary purpose is to protect business reputation, goodwill, and deception. However, despite the presence of this law, there are business and intellectual thieves of trademarks everywhere; crime as an enterprise has robbed the owners of trademark of their legitimate gains, all because, in part, these infringers have been able to besiege, assault and to seize the price within the walls of this intellectual turf. This breach is possible because of the absence of capable guardians (mechanisms of enforcement) which have really helped those motivated offenders (infringers) to hit the fortress of trademark protection in Nigeria. Consequently, the need for a more-involving trademark law will definitely save the day in the modern world.