Behind Bars: Understanding the Ramifications of Charging Defendants under the Criminal Code Law of Akwa Ibom State 2000 as against the 2022 Revised Law
Posted: 2 April, 2024 Filed under: Abasiodiong Ubong Udoakpan | Tags: 2000, ACJL, Administration of Criminal Justice Law, Boniface Adonike v. The State, Constitution of Nigeria, Laws of Akwa Ibom State, miscarriage of justice, newly enacted legislation, Nigeria, repealed law, Revised Law, The Criminal Code Law, written existing law Leave a comment
Author: Abasiodiong Ubong Udoakpan
Human Rights Attorney, Gender-Based Violence Specialist, Public Servant
Introduction
This article stems from an incident I witnessed in court while I was present to oppose a bail application of a defendant accused of defiling a 17-year-old girl. During the proceedings, a question arose from the bench regarding the necessity of amending a charge to align with the provisions of newly enacted legislation. While a senior colleague attempted to offer guidance to the Court on this matter, respectfully, her response was not thorough. Consequently, recognising the importance of providing clarity and insight on such a crucial legal issue, I deemed it prudent to draft a legal opinion addressed to the Honorable Justice before whom I appeared.
I was also humbled to discover that the judge found value in the arguments I presented within the legal opinion. Below is an excerpt from that document.
Ensuring the safety, effectiveness, and ethics of digital mental health solutions: a regulatory imperative
Posted: 9 March, 2023 Filed under: Abasiodiong Ubong Udoakpan | Tags: data protection, development, digital health interventions, digital mental health solutions, equitable access, Evidence-based regulation, General Data Protection Regulation (GDPR), health disparities, mental health, privacy, regulatory frameworks, resource constraints, Risk-based regulation, User-centered regulation, WHO framework, World Health Organization (WHO) Leave a commentAuthor: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
Introduction
As the use of digital mental health solutions continues to grow, there is an urgent need for regulatory frameworks to ensure their safety, effectiveness, and ethical use. The regulatory landscape for digital mental health solutions is complex and evolving. At the global level, the World Health Organization (WHO) has developed a framework for digital health that includes guidance on the development, evaluation, and regulation of digital health interventions. The WHO framework emphasizes the need for evidence-based interventions that are safe, effective, and ethical, and that are responsive to the needs of different populations. The framework also highlights the importance of data protection and privacy, as well as the need for equitable access to digital health solutions.[1]
The misconceptions in section 35 (1)(e) of the Nigerian constitution and the right to liberty of persons with mental disability
Posted: 25 August, 2022 Filed under: Abasiodiong Ubong Udoakpan | Tags: addicted to drugs, compulsory detention, constitution, Convention of the Rights of Persons with Disabilities, CRPD, human rights instruments, incompetency, mental disability, mental health, mental illness, negative stereotypes, Nigeria, psychosocial disabilities, right to liberty, unsound mind Leave a commentAuthor: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
The basic principle of any type of essential psychosocial care, is to respect the safety, dignity and rights of anyone you are helping, but can this be excused? An aspect of the Convention of the Rights of Persons with Disabilities (CRPD) appears to be particularly challenging to conventional mental health practice. This concerns involuntary treatment. Along with the general right to liberty, similar to that contained in other human rights instruments, the CRPD provides that ‘the existence of a disability shall in no case justify a deprivation of liberty,[1] but what happens when the Constitution set out standards and procedures by which psychiatric interventions can be imposed against the will of a person?
War, global health and human rights: drawing inspiration from the Russia-Ukraine crisis
Posted: 22 March, 2022 Filed under: Abasiodiong Ubong Udoakpan | Tags: access to health, clean water, displacement, emergency interventions, food, health care, health infrastructure, human rights, mental health, physical health, psychological well-being, regional conflict, Russia-Ukraine conflict, Russian invasion, sanitation, threat to life, United Nations, war 1 CommentAuthor: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
Introduction
The first principle of health is life and war is a direct threat to life. For millions of people worldwide, avoiding and not only surviving war is the predominant objective in their daily existence. Sadly, the situation in Eastern Europe creates a global crisis for public health, therefore, ending the war would be a major step towards the promotion of the health and well-being of persons in this region. The challenge presented by this ongoing regional conflict also marks a crucial opportunity to prioritize human rights and public health concerns in ongoing foreign policy and diplomatic efforts by concerned nation-states. Ergo, this article seeks to explore the human rights threats that are associated with the Russia-Ukraine conflict especially as it relates to public health.
Shrouded in mystery: the Nigerian budget and the challenge of implementation
Posted: 18 October, 2021 Filed under: Abasiodiong Ubong Udoakpan | Tags: Budget Implementation, challenges of poverty, civil society participation, critical infrastructure, democratisation, economic growth, economic policy, economic prosperity, employment opportunities, entrepreneurship development, legislation, Ministry of Industry, Nigeria Bureau of Statistics, Nigerian budget, Nigerian economy, Trade and Investment 2 CommentsAuthor: Abasiodiong Ubong Udoakpan
LLM Candidate, Olabisi Onabanjo University, Nigeria
The Budget as one important economic policy instrument at the disposal of the Government is key to the attainment of the economic prosperity of the people. However, the gap between its initiation and full implementation to attain economic prosperity has been of serious concern to researchers and Nigerians alike. It is one thing to propose a budget and another to implement the proposed budget to the extent that it attains the goals of economic growth and development. In recent times, the focus on the budget has assumed greater prominence because of increasing democratisation, civil society participation and the desire to respond to developmental challenges of poverty.
AfricLaw 