Department of Business and Private Law

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2. Right of Nature in Africa: Assessing the Feasibility of Granting Legal personhood to Rivers and Forests
(Kampala International University (KIU), 2026-04-02) Collins Ekpenisi; Amos Godfrey Atim; Olawumi Odeyinka-Apantaku; Adelowo Stephen Asonibare; Ntale Rogers
A global movement has begun to grow, one that argues that nature itself ought to be viewed as an important subject of law and not only an object of mere regulations. This growing idea is often described as granting rights of nature or legal personhood to natural entities, which includes important environmental elements like forests, rivers, and some other components of the ecosystem. Drawing insights from emerging global experience, this study assesses whether granting rights of nature or legal personhood to natural entities across the continent is currently viable and, if so, what the recognition and adoption might entail. The study employs a doctrinal approach, alongside a structured narrative review style and complemented by illustrative case examples, to highlight how significant this notion of legal personhood to natural entities has become worldwide and its implications for Africa. Potential legal, guardianship and institutional challenges in its adoption are highlighted, as well as promising prospects for Africa’s environmental governance if widespread acceptance and recognition of the rights of nature are ever achieved. The study reignites the historical idea that Africa’s pre-colonial legacy was always accustomed to the idea of natural entities bearing a semblance of personhood, and provides recommendations that African states must adopt if the continent is ever to utilise the concept of rights of nature to help address its current environmental challenges, improve accountability, and also, possibly, widen access to environmental justice.
A COMPARATIVE REVIEW OF MODERN CONCESSION CONTRACT (MCC), AND PRODUCTION SHARING CONTRACT(PSC)
(FACULTY OF LAW, ALHIKMAH UNIVERSITY, 2015-07-18) MAGAJI W. OWOLABI, KUDIRAT
The importance of oil and gas to the growth and development of world energy supply cannot be over emphasised. There are four basis arrangements to develop petroleum between host countries and the multinational oil companies: they are Modern Concession Contract (MCC), Production Sharing Contract(PSC), Participation Arrangement (PA) and, the Service Agreement (SA). This paper is principally concerning with Petroleum Upstream Contract and Arrangements. Upstream are all the services required to find and produce the oil and gas. Therefore, the focus of this paper is to examine the two basic systems of Modern Concession and Production Sharing Contract Arrangements, and see how host countries can make legal and contractual terms as attractive as possible to foreign investors, while still protection the critical interests of their states.
A CRITICAL ASSESSMENT OF ENFORCEMENT MECHANISM UNDER CUSTOMARY ARBITRATION PRACTICES IN NIGERIA.
(FACULTY OF LAW, UNIVERSITY OF MAIDUGURI, 2019-04-19) KUDIRAT MAGAJI W.OWOLABI
The article examines the existence of customary arbitration and the enforcement of its awards in Nigeria prior to the emergence of adversarial system of resolving disputes which was introduced by the British colonial administration. The aim is to discuss the historical background and the enforcement mechanism under customary arbitration practices in Nigeria. the article examines, in the constitutional and judicial contexts, the question of how the practice of customary arbitration has bee recognised in Nigeria. the article further contends that by the arrival of the British, certain conditions must be satisfied before arbitration conducted under customary law could be valid and enforceable. However, the introduction of the English legal system which is litigation centered did a lot of damage to customary system of dispute resolution. The unjustified conditions introduced which was influenced by the British doctrines for the enforcement of customary award has no basis in law and is detrimental. It is further argued that the attitude of our judges towards customary arbitration is inspired by an inherent colonial legacy which can be traced to the colonial sense of supremacy which relegates customary law to a status inferior to English law and the failure on the part of our judicial officers to creatively outgrown that legacy
A Fibi S'ólóore- A Study of Olúṣẹ́gun Ọbásanjọ́ as a Fringe Yorùbá Elite .
(Pan African University Press, 2021) Animashaun, Oyesola
Yorùbá minstrels highlight varied aspects of a person’s ancestral attributes. A constructed poem for a Yorùbá lineage, A fibi sú olóore, tí ó ta àna rẹ̀ lọ́fà, (an ingrate, who repays his in-laws by shooting at him) seem to fit Ọbásanjọ́ like a glove. The aim of the study is to identify the extent to which Ọbásanjọ́ has advanced himself by using the Yorùbá ethnic currency; and had advanced laws and policies which are detrimental to the Yorùbá national interest. The methodology adopted is qualitative and reliance is placed on Ọbásanjọ́’s own accounts, the undisputed renditions of his superiors, colleagues and associates. The work is examined through the prism of Machiavelli and elite theories. The study revealed that the mainstream Yorùbá elites continually fall prey to Ọbásanjọ́’s devices and concludes that the subject used the Yorùbá ethnic currency as a passport to glory in Nigerian public life at the detriment of his nation.
A LEGAL ANALYSIS OF GENDER DISCRIMINATION AT THE NIGERIAN AND SOUTH AFRICAN WORKPLACE
(Ife Centre for Psychological Studies, 2019-12-29) Oyesola Animashaun
The issue of workplace discrimination based on gender is contentious in countries like Nigeria and South Africa, with many authors questioning the status quo that seems to favour a particular gender. There have also been arguments on the legal regime and anti-discriminatory laws best suited to address the observed gender inequality in Nigeria and South Africa. Thus, this article examines the adequacy of the laws promoting gender equality at the workplace in Nigeria and South Africa. The article adopts qualitative method to analyze both the Nigerian and South African anti-discriminatory laws, especially as it relates to achieving gender equality in the workplace. The article finds that the South African statutes on gender equality is more robust than the Nigerian statutes. South Africa has also developed institutions, mechanisms and policies to administer these laws. Consequently, the article concludes that there is a need to tighten Nigerian laws on gender equality by developing strong laws and institutions like the South African system in order to deliver equality at the Nigerian workplace. Further, this article recommends that the adoption of affirmative action in Nigeria should be done with caution in order not to compromise merit.
A Legal analysis of the innovations and reforms in the new Companies and Allied Matters Act 2020 and its envisaged challenges
(Faculty of Law, Kwara State University, Malete, 2022) Alade, A.J,, Okunowo O. A. & *Animashaun, O.*
The last time there was major reform in the Companies and Allied Matters Act was in 1990; this means that in the last thirty years, the Companies and Allied Matters Act has not undergone any major reform despite the fact that Nigeria is potentially endowed in the areas of both human and mineral resources. The reform witnessed in the Companies and Allied Matters Act 2020 is a welcome development. This is because for a country to attain her desired industrial, economic, agricultural and technological height, the laws of that country as related thereto should be investors friendly. The Companies and Allied Matters Act is one of such laws that enhances economic development, which will in turn lead to more job creation, poverty alleviation and the attainment of the United Nations Sustainable Development Goals No.8 which deals with decent work and economic growth. Attaining the SDGs as stated by the United Nations is one of the fundamental objectives Nigerian government be it local, state or federal. This article concludes that the innovations contained in the Companies and Allied Matters Act 2020, if well implemented, will enhance the ease of doing business in Nigeria and will attract both local and foreign i
A LEGAL ANALYSIS OF THE NIGERIAN NATIONAL INSPECTOR GENERAL FOR TAX CRIMES COMMISSION BILL, 2022
(University of South Africa (UNISA), 2024-04-29) ANIMASHAUN, O. & CHITIMIRA, H
The number of Ministries, Departments and Agencies (‘MDAs’) listed on the Nigerian Federal Civil Service official website is 1316. Although this figure is unwieldy, the cost of governance and the debt profile of these civil services are equally astounding. This prompted the Federal Government of Nigeria to set up the Oronsaye Presidential Committee on the Reduction and Rationalization of Federal Government Parastatals, Commissions and Agencies to consolidate the MDAs and reduce governance costs. However, the Nigerian National Assembly is currently deliberating on the National Inspector General for Tax Crimes Commission Bill, 2022 (‘the Bill’) with the aim of creating a National Inspector-General for Tax Crimes Commission. This article analyzes the Bill and the various statutes aimed at curbing tax crimes such as the Economic and Financial Crimes Establishment Act, 2004 (‘EFCC Act’) and the Federal Inland Revenue Services (Establishment) Act 2007 (‘FIRS Act’) in order to determine whether the Bill is not a duplication of these Acts and agencies. The adopted methodology is doctrinal. This article provides that creating a National Inspector-General for Tax Crimes Commission will inevitably lead to an increase in the cost of governance, overlapping functions, friction and conflicts with agencies such as the Federal Inland Revenue Services (‘FIRS’), Economic and Financial Crimes Commission (‘EFCC’), the Revenue Mobilisation, Allocation and Fiscal Commission (‘RMAFC’) and the Nigeria Customs Service. Accordingly, there is a need to harmonise the existing revenue agencies, tax administration and enforcement mechanisms.
A Legal Analysis of the Protection of Minority Shareholders under the Nigerian Companies Act
(University of Leicester, UK, and University of Warsaw Poland,, 2021) Animashaun, O. and Chitimira, H
This article focusses on the dichotomy between majority and minority shareholders in Nigerian corporations. This paper therefore examines the manner in which the majority shareholders who are often the directors of these corporations abuse their power. The paper found that majority shareholders in many corporations usually use their voting power and influence to oppress, maneuver and impose their will on the minority shareholders. The paper also found that there are onerous impediments for minority shareholders to enforce their rights under the Companies and Allied Matters Act, Chapter C20 LFN, 2004. The paper concludes that there is the need for certain provisions of the Companies and Allied Matters Act, such as section 301, to be amended in order to protect the interest of minority shareholders, who are numerous and usually passive investors. The paper recommends that legislative measures should be employed to rectify the observed flaws in order to protect the interest of the minority shareholders and indeed all shareholders.
A Legal Analysis of the Protection of the Rights of Persons with Disabilities During the COVID-19 Pandemic in Nigeria
(Florida International University, USA/ African Law Institute/Brill Nijohoff., 2022) Animashaun, Oyesola & Chitimira, Howard
Persons with disabilities are often discriminated against in society on the basis and/or grounds such as race, ethnicity, cultural beliefs, as well as religious beliefs. Moreover, there is a general negative societal attitude and a negative perception against persons with disabilities globally. For instance, persons with disabilities are negatively treated as a charitable problem of the society in many countries, including Nigeria. This approach could have deliberately or inadvertently led to the omission of the specific rights of persons with disabilities from the list of fundamental rights under the Nigerian Constitution, 1999. However, the recent enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, could be a positive step in addressing numerous challenges such as poverty, unemployment, discrimination, and health care problems that are faced by persons with disabilities in Nigeria, especially in the wake of the novel coronavirus (COVID-19) pandemic. Against this background, the article discusses the challenges that are encountered by persons with disabilities in Nigeria during the COVID-19 pandemic. This is undertaken to, inter alia, assess the adequacy of the legal and constitutional protection on the rights of persons with disabilities, especially during the ongoing COVID-19 pandemic in Nigeria. Moreover, the flaws and gaps in the current legal and constitutional regime for the protection of the rights of persons with disabilities in Nigeria are discussed. Thereafter, possible recommendations to curb such flaws in Nigeria are provided
A Legal and Socio-cultural Analysis of the Relationship between Xenophobia and Taxation in South Africa
(Depaertment of Business and Private Law, KWASU, Malete, 2024-04-21) Animashaun, O.O. (2024). 1(1) 75-94
Xenophobia which refers to morbid hatred of foreigners is prevalent in South Africa, with the special manifestation of violent attacks on black Africans whenever there is any perception of a socio-political problem or infrastructural deficiency. The immigrants are blamed by the locals for relative prevalence of HIV/AIDS, unemployment, housing and electricity shortage and other issues. The article examines the effect of xenophobia on revenue collection in South Africa. It also discusses the adequacy of the legal protection offered immigrants, notwithstanding that they are legal or undocumented migrants, in South Africa, using the doctrinal method. The article found that the protection offered to the immigrants is deficient and that the inadequate provisions in the statutes made the black immigrants vulnerable to xenophobic attacks, which inadvertently affect the tax revenue collected by the state negatively. Further, the article found that the court has been consistently defended the rights of migrants in line with the South Africa Constitution,1996. The article concludes with certain recommendations to prevent xenophobia, in a bid to enhance tax revenue collection in South Africa.
A REVIEW OF HISTORICAL DEVELOPMENTS AND LEGAL REGIMES OF ENFORCEMENT OF FOREIGN AWARDS IN NIGERIA In Perspectives on Public and International Law Prof Alero Akeredolu (ed)
(Faculty of Law, Ajayi Crowder University, 2018-08-11) KUDIRAT MAGAJI W. OWOLABI & MUHAMMED MUSTAPHA AKANBI
The comparative advantages of arbitration over litigation in recent times have made it increasingly necessary for businessmen to include arbitration clauses in international contracts. However, the arbitral proceedings and subsequent award will amount to a colossal waste of time and resources if a winning party to the arbitral proceedings is unable to have the award enforced. The focus of this chapter is, therefore, an examination of the historical developments of the enforcement regimes of arbitral awards in Nigeria. the various legislations, from the colonial period till present, relating to the enforcement of arbitral awards in Nigeria are discussed in the chapter. Before the era of colonialism in Nigeria, the natives who inhabited the place now known as Nigeria used to settle disputes and differences in accordance with the prevailing customary rules and practices of the time. Indeed, the arrival of the English and the introduction of Western contracts with the attendant international flavor made the use of native forms of dispute resolution grossly inadequate.
Abuse of Right Doctrine: A Contending but Not Contentious Doctrine in Contemporary Nigerian Tax Jurisprudence
(Faculty of Law, Benson Idahosa University, Benin, 2015) Olokooba S.M and *Animashaun O.O.*
Taxpayers are given the right to plan and limit their tax liability through tax avoidance devices. Unfortunately, some taxpayers are now hiding under the shield of 'the right to plan' to abuse and aggressively avoid tax payment; hence, the doctrine of abuse of right is thus introduced into tax jurisprudence. This paper therefore examines this doctrine and highlights the applicability of this doctrine to the Nigerian situation, and concludes that despite the usefulness of this doctrine, it should be sparingly used once a taxpayer planned his liability through the acceptable means of tax avoidance.
ADVOCATING FOR A GENDER RESPONSIVE BUDGETING IN NIGERIA A JOURNAL OF PUBLIC AND INTERNATIONAL LAW
(Department of Public and International Law Faculty of Law Nasarawa State University, Keffi, 2020) AKINTOYE OLARIYIKE DAMOLA and Bukola Oyaleke
Abstract In Nigeria most women belong to the class of the poor and marginalized. They are particularly vulnerable to poverty which is getting worse in the face of the global economic crisis. Even though the labor force especially in the informal sector is dominated by women, their contribution are rarely recognized. There is the need for government to be mindful of how the different economic policies and measures they introduce affect the women folk. As gender equality is a fundamental human right, the inter-connection between the human right legal framework and the government revenue policies as they affect women remain necessary and important in the context of promoting sustainable human development. The objective of this paper is to stimulate discussion on the importance of introducing gender perspectives into budget reform processes and to increase awareness of how the Nigerian Budgeting System create potential gender biases or inequalities in some identified economic areas, such as unpaid care, informal economy, household consumption, property and assets ownership. The paper also draws attention to gender biases in the area of job segregation, weak access to basic service, wage gap and gender inequality in taxation amongst others. The paper recommends amongst others, a gender responsible budget aimed at restructuring revenue and expenditures in such a way that needs, interest and priorities of both female and male citizens are equally taken into consideration, that the girl child should be educated to the highest level possible and more woman should acquire skills sought in non-traditional occupations. In conclusion, the issue of gender bias should be addressed by putting in place necessary institutional and regulatory measures.
AMNETSY, PEACE AND JUSTICE: FINDING THE MIDDLE ROAD
(FACULTY OF LAW, AHMADU BELLO UNVERSITY, 2017-09-17) KUDIRAT MAGAJI W. OWOLABI; MUTIAL ABDULSALAM LA-KADRI
The crisis afflicting the country range from leadership crisis, bitter and rancorous politics, unpreceded criminality and attendant insecurity, Boko Haram insurgency, kidnapping, ritual killings, human trafficking and economic crimes. The question is: Justice or Peace? Basically, that is what it boils down to. Since the beginning of the offensive by insurgents in Nigeria, there has been widespread debate about how to bring the bloody onslaught to an end. In the last administration, it seemed as if the government struggled in trying to get an upper hand in the conflict with the insurgents. Now that the new government (Buhari Administration) is in place, the problem of how to extinguish this threat has risen to the fore of the government’s urgent policy. Talk of the administration possibility offering amnesty to the insurgents in return for them to lay down their arms litters the air. However, with so many divergent voices lending themselves to the debate of whether the particular strategy developed along the lines of amnesty is appropriate given the surrounding circumstances. The general objective of this paper is to access the impacts, challenges and sustainability of the amnesty programme and the political settlement leading to it, as a strategy of conflict resolution and peace building at the sub-national level. The study attempts to critically interrogate the content and methods of the Amnesty on the basis of issues of inclusiveness, equity, justice and impacts on violence mitigation, conflict resolution and peace building, and national -building and national stability.
An Analysis of the Adequacy of the Law in Addressing the Rising Incidents of Armed Banditry in Central Nigeria
(National Institute for Legislative & Democratic Studies, 2025) Animashaun, O.
Incidents of armed banditry escalated significantly in Nigeria since 2015 and seems to have a profound effect on central Nigeria due to its location as the buffer zone between the far north and southern Nigeria. The article viewed the issue of armed banditry, the phenomenal destruction of life and properties from the prism of the adequacy and efficacy of the law in the crystalisation, escalation, resolution and eradication of banditry in central Nigeria. The article found that the federal government which has the monopoly of the control of state security apparatus seems biased and has partial disposition towards the protection of the bandits against their victims. The presidency sometimes manipulates the media, the law and the law enforcement agencies resulting in the bandits operating virtually unchallenged. The article recommends the tightening of the laws such as the Terrorism (Prevention) Act, 2011, efficient enforcement of the extant laws and the creation of state police to confront this armed bandits. The article concludes that states in central Nigeria need to create a common agenda, policies and enact new laws to eradicate banditry and reintegrate the internally displaced persons from their respective states into their ancestral homes.
An analysis of the statutory measures adopted to curb tax evasion in Nigeria after the COVID-19 pandemic
(University of Pretoria Law Faculty, 2023-04-29) Animashaun, O., & Chitimira, H.
The damage caused by the coronavirus disease (COVID-19) pandemic to the fragile Nigerian economy is incalculable. The Nigerian economy was further weakened by the corruption of government officials involving the palliative measures put in place to provide financial relief to companies and individuals affected by the COVID-19 pandemic. Since the Nigerian economy relies mostly on crude oil revenue, its focus on tax is less emphasised and tax evasion is pervasive. Consequently, the Nigerian tax on gross domestic product (GDP) is only about 6 per cent. This article examines the adequacy of the legal and/or statutory measures aimed at curbing tax evasion in Nigeria. The post-COVID-19 revenue shortfall has made the Nigerian federal and state governments raise the existing taxes, introduce new taxes, and adopt more aggressive tax collection methods. Consequently, taxpayers now use tax exemptions and incentives as devices for tax evasion. Moreover, there is rampant non-remittance of tax proceeds by government ministries, departments, and agencies to the tax authorities. Thus, despite the introduction of various laws, policies, and directives to curb tax evasion, especially after the COVID-19 pandemic, tax evasion challenges still persist. Accordingly, it is submitted that good governance, integrity, and transparency in handling public funds are required to reduce and combat tax evasion in Nigeria
AN APPRAISAL OF THE ARBITRAATION LAW OF LAGOS STATE, 2009.
(DEPARTMENT OF PUBLIC& INTERNATIONAL LAW, AL-HIKMAH UNIVERSITY, 2017-07-17) KUDIRAT MAGAJI W. OWOLABI & MUTIAT ABDULSALAM LA-KADRI
Apart from the Act, which is a federal law, some constituent states have their respective arbitration law. One of this, is the Lagos State Arbitration Law No 10 of 2009 (LSAL) which applies to all arbitrations within the state except where parties have expressly agreed that another law should apply. However, despite the rising profile of arbitration as an alternative means of commercial disputes resolution, Nigeria continues to grapple with consequences of the constitutional architecture under the 1999 Constitution in respect of legislative competence to make laws on the subject matter of arbitration. This article contends that the initiative by Government of Lagos State of Nigeria is a welcome development. It concludes with the support for the decision of the Supreme Court in Attorney General of Abia State v. Attorney General of the Federation, that where there are inconsistency between the Act of the National Assembly and a law passed by a House of Assembly, the state law is void to the extent of the inconsistency. The legal consequence, albert regrettable, is that the Arbitration and Conciliation Act in the Nigerian arbitration statute applicable to domestic and international commercial arbitration and prevails over Lagos State Arbitration Law, 2009. The later is, in consequence, only applicable to noncommercial arbitration
AN EXAMINATION OF SPACE REGIMES ON THE ARBITRATION OF FUTURE SPACE RELATED DISPUTES
(JOURNAL OF PRIVATE AND PROPERTY LAW, FACULTY OF LAW, REDEEMER’S UNIVERSITY, EDE, OSUN STATE, 2023) Khafayat Olatinwo , AKINTOYE O.D & Shuib Oniye
Abstract Attendant in the use of space resources are disputes which may arise due to situations seen (debris fall out to foreign territory, satellites collision etc) and unforeseen (privatisation, commercialization, space travel etc). Soon private individuals would be able to jet to outer space for tourist purpose and just like we have airports, space transport operations will take the lime light. Inherent in this future projection of space utility is the high possibilities of disputes or issues that man has not comprehended, at least, for now. Outer space regimes adopts arbitration as one of the various means of space dispute resolution and this has been applied in series of space dispute resolution and this has been applied in series of space disputes such as the COSMOS 954 between Canada and Soviet Union, Cosmos 2251 between Russia and US, Eutelsat S.A. v. United Mexican States, etc. International arbitration H the most fancied means of resolving commercial disputes. Hence, this favour for space disputes. The question is, do the major international space treaties foresee the emerging and future developments as regards the use of space as to accommodate disputes that may arise from them to be arbitrable? The intention of this paper is to put its proactive mind and fast forward same into the projected future space disputes, analyse same and discuss whether such disputes are projected as subject of arbitration in the provisions of space treaties. A qualitative legal research methodology is adopted; and at the end of the paper, appropriate recommendations shall be made based on the findings
AN EXAMINATION OF THE POWERS AND FUNCTIONS OF THE CHAIRMAN OF THE FEDERAL INLAND REVENUE SERVICE IN RELATION TO THE PRINCIPLE OF CORPORATE GOVERNANCE IN NIGERIA
(DEPARTMENT OF PRIVATE AND BUSINESS LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, 2017) Olokooba S.M., Awodun Muritala ., AKINTOYE, O.D and Abubakar, S.A
Abstract This paper examines how the enormous powers given to the executive Chairman Federal Inland Revenue Service under the Federal Inland Revenue Services (Establishment) Act, 2007 negate the workability of the principles of Corporate Governance in the activities of the service. In doing this, the paper appraises the jurisdictional bases as well as legal framework of a Corporate Governance in Nigeria. The paper further examines how section 11 of the Act which has direct bearing on the qualification and function of the Executive Chairman negates corporate governance principle and the danger such may pose to the administration of the service. The paper in the final analysis draw conclusion and make some practical recommendations that may aid the effective application of the principles of Corporate Governance in the Federation Inland Revenue Services of Nigeria.
AN OVERVIEW OF HUMAN RIGHTS CONCERNS RAISED BY THE RESPONSE TO COVID-19 PANDEMIC IN NIGERIA
(KWARA STATE UNIVERSITY, MALETE, UNIVERSITY OF ILORIN, AL-HIKMAH UNIVERSITY AND NIGERIAN BAR ASSOCIATION, ILORIN BRANCH, 2023) AKINTOYE O.D, Shuaib Oniye, &Khafayat Yetunde Olatinwo
Abstract response to the threat occasioned by the spread of the Covid-19 pandemic, the government of the Federal Republic of Nigeria, came up with regulations, restricting some human rights provisions already entrenched in the countries 1999 Constitution (as amended), such as, right to the dignity of the human person, in section 34, right to Personal liberty in section 35, right to freedom of association in section 40, right to freedom of movement in section 41 and right to private and family life, as found in section 37. The Paper employed the doctrinal research methodology in carrying out this research work. Even though the Constitution allows some restrictions and derogation from fundamental rights in Section 45 1)-(3) this paper identified discriminatory application of the restrictive measures introduced at various levels to curb the spread of Covid-19. The paper also examine the Infectious Disease Control Act, 2021 and discovered that some of its provisions are too harsh and not in line with international best practices. The paper therefore concludes and recommends among others that while one agrees that the signing of the COVID-19 Regulation 2020, is in exercise of the powers conferred on the President, by Sections 2, 3 and 4 of the Quarantine Act careful attention must be placed on human rights principles such as non-discrimination, transparency and respect for human dignity.

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