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KNOW YOUR RIGHTS: RIGHT TO FREEDOM OF EXPRESSION VIS-À-VIS LAWS PROTECTING THE REPUTATION OF A PERSON

KNOW YOUR RIGHTS RIGHT TO FREEDOM OF EXPRESSION VIS-À-VIS LAWS PROTECTING THE REPUTATION OF A PERSON   The right to express oneself is also known as freedom of information. This right is a Fundamental Human Right entrenched in SECTION 39 OF THE 1999 CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA (AS AMENDED ) ( hereinafter referred to as CFRN). On the other hand, the reputation of a person is protected by the law of defamation under the common law. It may also be submitted that the reputation of a person is also protected as a Fundamental Human Right under S.34 of CFRN which provides for right to human dignity. This is so since the word dignity means honour and respect. In the case of NIGERIA TELEVISION AUTHORITY V. EBENEZER BABALOPE CA/L/12/1408/109, the Court of Appeal defined defamation as: “a statement which is published of and concerning a person, and calculated to lower him in the estimation of right thinking persons or cause him to be shunned or avoided, to expose him t...

KNOW YOUR RIGHTS: RIGHT OF A PATIENT TO REFUSE MEDICAL TREATMENT

KNOW YOUR RIGHTS RIGHT OF A PATIENT TO REFUSE MEDICAL TREATMENT The law is settled to the effect that a patient has the right to make a choice as to the form of treatment to be administered on him/her, and the hospital had no choice but to respect their patient's wishes provided such a patient is an adult of sound mind. It is long settled that an adult who is conscious and in full control of his mental capacity, and of sound mind has the right to either accept or refuse medical treatment. See M.D.P.D.T. V. Okonwo (2001) 7 NWLR (Pt. 711) 206. However, when it involves a child different considerations apply, and this is so because a child is incapable of making decisions for himself/herself and the law is duty bound to protect such a person from abuse of his/her rights. Please note that it makes no difference if the decision to refuse medical treatment is made by his/her parents, especially where the life of the child would be endangered by the refusal of the medical treatment. See E...