Fair Hearing Research Articles

Locus standi in administrative proceedings concerning environment protection, in the case law of the CJEU and the ECtHR

Effective legal protection against the unlawfulness of administrative acts is essentially achieved if the aggrieved party has some form of legal remedy to enforce his/her rights. This remedy may be at the stage of the administrative procedure, however, in some cases it may achieve its real purpose only through judicial means. The right to a fair hearing is closely linked to the right to remedy, which means the possibility of simultaneously appealing to another body or to a higher forum within the same organization regarding decisions on the merits. An essential element of all remedies is the possibility of remedy, i.e. the remedy conceptually and substantively includes the possibility of reviewing of the violation of law. The aim of the person affected is nothing other than to remedy his or her disadvantage. But who can be affected?

Clinical Legal Education and the Future of Pro-Bono in Nigeria: A Guarantee for Access to Justice for Accused Persons Awaiting Trial

The idea of access to justice is strongly related to the doctrine of the rule of law, and the effectiveness of a nation’s judicial system is mostly evaluated by its citizens' access to justice. Human rights are guaranteed and protected by instruments including the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, when these rights are not protected (fair hearing, access to court) owing to financial constraints and lack of access to legal counsel, justice cannot be guaranteed. The large number of accused persons awaiting trial in Nigeria is ascribed to several factors, including missing files, inability to post a bond or provide surety, delay in the DPP's advice to the police over which case to pursue, the police's failure to promptly investigate and prosecute, among others. In Nigeria, despite the voluntary legal services provided by the government, lawyers, and clinical law students, the legal system towards indigents does not abate. This article explores the problems and potential solutions to providing increased legal aid services to accused persons awaiting trial in Nigeria. An interdisciplinary approach was adopted in this study, where primary data was gathered from prison visits made by Nigerian Law School, Yola Campus Law Clinic to the Yola and Jimeta medium security correctional centres. The barriers to accessing legal aid in light of the available legal aid services are critically examined here.

THE PRINCIPLE OF THE RIGHT TO A COURT IN THE CONSTITUTION OF THE POLAND

Pursuant to Art. 45 section 1 of the Constitution of the Republic of Poland, everyone has the right to a fair and public hearing of the case without undue delay by a competent, independent, impartial and independent court. As it is emphasized in the doctrine of constitutional law, this provision expresses one of the fundamental rules of a democratic state of law, which is the principle of the so-called right to court. It is a logical consequence of the assumption that in a state of law, only the court is the authority that ultimately decides on the freedoms, rights and obligations of an individual. Moreover, it is a very important right of an individual who can assert his or her rights before a competent, independent, impartial and impartial court, obliged to consider the case fairly and openly.The case law emphasizes that it includes the right of access to a court, which includes the right to initiate a procedure before an independent, impartial and independent court, the right to appropriately shape the court procedure in accordance with the requirements of justice and transparency, and finally the right to a court judgment, that is, the possibility of obtaining a binding resolution of the case by the court.As can be seen from the above, the concept of the Polish legislator assumes the development of the right to a court as a pledge of guarantees with which the court must be „equipped” so that the freedoms and rights of the individual are protected in an appropriate manner. This study will be an attempt to present these guarantees.

Abstract P260: Association of Hearing Impairment and Physical Functioning Among Chinese Adults Aged 60 Years or Older: Evidence From the China Health and Retirement Longitudinal Study (CHARLS)

Introduction: Hearing impairment is a common treatable condition and a risk factor for various adverse health outcomes. Prior evidence associated hearing impairment with physical functioning declines in older adults of Western countries, but longitudinal evidence on such association is limited among Chinese older adults. Method: We pooled the first three waves of CHARLS (2011, 2013, and 2015) together as a longitudinal dataset with repeated measurements. For each participant, self-reported hearing status was collected at each wave and categorized as normal hearing or impaired hearing (reported fair or poor hearing). Physical functioning was assessed by Short Physical Performance Battery (SPPB), including gait speed, duration to complete five chair stands and balance test. Each SPPB component was assigned a score from 1 to 4 corresponding from the lowest to highest quartile. The SPPB score ranged from 1 to 12, with higher scores representing better physical functioning. We used a series of linear mixed-effects models with participant-level random intercepts and slopes to assess the association of hearing impairment with physical functioning, adjusting for demographics, socioeconomics, and comorbidities. Results: A total of 8,894 participants aged 60 or above at baseline were included, with a median age of 68 years. At baseline, the impaired hearing group were estimated to be 0.21 (0.11, 0.31) lower in average SPPB score, 0.02 (0.01, 0.03) lower in average gait speed, and 1.04 (1.02, 1.05) times longer in average duration to complete the chair stand test as compared to the normal hearing group ( Table ). Statistically significant differences in average rate of longitudinal changes were not observed for either outcome. Conclusion: Baseline hearing impairment was associated with poorer physical functioning among Chinese older adults, but no significant association with longitudinal changes was observed. This finding emphasizes the necessity of monitoring hearing status among the Chinese elderly population.

The role of expert evidence in civil litigation: a critical analysis (Part 1)

Section 34 of the Constitution of the Republic of South Africa provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. A number of foundational principles that underlie the South African law of civil procedure had been afforded express recognition by this section. One of these principles entail that the duration and costs of civil litigation should be reasonable. In the past decade, or so, there have been several initiatives to give effect to this ideal of civil justice for all. Despite this, there are still several impediments in the South African law that causes civil trials too be exorbitant and time-consuming. One of these impediments relate to the presentation of expert evidence testimony. Part one of this article will critically discuss the historical development of Uniform Court Rule 36(9), its recent amendments and the critique raised against the procedure. In part two the position in relation to the presentation of expert witness evidence in England and Wales, and Australia, as well as its possible contribution to the South African law will be discussed. It will be argued that the current procedure relating to the presentation of expert evidence in South Africa still has certain shortcomings and that the Rules Board will have to intervene to ensure that the procedure enhances access to justice in civil matters.

Ograničenja načela javnosti u poljskom građanskom postupku

The principle of openness, considered one of the fundamental procedural rules, is deeply rooted in Polish law. It is considered a basic safeguard of securing proper and impartial justice, and due access to the judiciary. It has been legitimated under Article 45 (§ 1) of the Constitution of the Republic of Poland, pursuant to which everyone has the right to a fair and public hearing without undue delay by a competent, independent and impartial court of law. The mechanism is reflected in systemic legal provisions regarding the organisation of justice, as well as in the Code of Civil Procedure. While the nature of the principle of openness is not absolute , it has been formally and universally accepted that the rule shall be subjected to no restrictions in judicial proceedings. Contrary to the above, changes to Polish procedural law over the years have resulted in a condition wherein the exception has become a de facto rule. Contemporarily, there are options of adjudicating with the openness principle set aside not only with regard to formal or procedural matters but merits of the case as well. The article is intended to present the evolution of the principle of openness in judicial proceedings in Poland, as something akin to a warning to other states against the risk of undermining the essence of that principle despite the formal preservation of the standard in question on systemic and statutory levels alike. Keywords: principles of judicial proceedings, principle of procedural openness , closed sessions, internal and external transparency, restrictions on the openness of proceedings.

Developing a Legal Framework for Virtual Court Hearing in Nigeria

This article focuses on the legal framework on virtual court hearing in Nigeria. There is a vacuum in the Nigerian legal system that was brought to limelight during the Corona virus pandemic and this gap relates to the issue of justice being denied and delayed in times of emergency such as pandemic, war and even insecurity which halt the flow of human activities and smooth administration of the legal system. Having regard to the mandatory requirements of the fundamental rights’ provisions in the Nigerian Constitution which guarantee fair hearing and the right to be tried before a court of law within a reasonable time, it becomes imperative to define the legal foundation for the application of the procedure for virtual court hearing in Nigeria in the absence of an explicit constitutional safeguard. The article considers the legality of virtual court hearing in the Nigerian legal system and the constitutional requirement that trials should be held in public and within a reasonable time. The article observes that though there is no direct constitutional backing for the application of virtual court hearing in Nigeria, there are explicit rules of court regulating the practice as a remedy in the time of emergency. The study finds that the practice of virtual court hearing has already gained recognition in the Nigerian legal system, however, there is need for a constitutional backing on the framework in the light of the conflicting opinions and skepticisms surrounding the practice.

The Obscure Nature of Plea Bargaining in Domestic and Intimate Partner Violence (IPV) Crimes in Uganda: The Accused-Victims’ impugned Right to A Fair Hearing

The Uganda Plea Bargain Rules [the Rules] allow victims to participate in plea negotiations, which aligns with the international principle of the need to capture the victims’ voices in decision-making.[1] Victim participation can be from two viewpoints: the complainants as victims and the accused as both victims and perpetrators. The paper underscores the latter victims’ concerns, arguing that the accused can also be victims of the same offences they commit, orchestrated by domestic violence, in several ways: as victims of an act(s) of violence from their partners—the primary complainants (or victims) in their charges; or as victims of violence orchestrated by their partners, which cascades to their innocent loved ones—also as primary (or victims) in their charges, but regarding this category, some die or are affected immensely. These accused, as victims, have a high propensity to plea bargain in self-conviction, to come to terms with the reality of their offences, irrespective of guilt, involuntarily, equivocally, when not well-informed, and when their convictions are not fully factual-based; contravening the international standards of a plea bargain. This lapse fundamentally flaws their right to a fair hearing as this paper highlights. In a case study of Uganda’s High Court bargained trials from 2014 to 2021 entitled: An Accused’s Self-Conviction to End Trial? Plea Bargaining and the Right to A Fair Hearing in Uganda,[2] analysis of 66 convicts (45 men and 21 women) narratives revealed that 20 (30.3 %) conflicted with the law after domestic related squabbles. They wrangled with either a wife, girlfriend, boyfriend, father of their children or husband. Seventeen (85%) were later charged with egregious offences, mostly murders, stemming from these situations, with the majority having a history of a cycle of violence. They all plea bargained, regardless of gender or literacy levels. Gender-related roles and spaces compelled mothers to plea bargain as nurturers and fathers to plea bargain as family heads, irrespective of guilt. Justice Actors seem blind to the causes that compel such accused victims into criminality. This paper suggests reforms towards their protection, calling for the courts thorough inquiries to justify their convictions.

DURATION OF CRIMINAL PROCEEDINGS: HUMAN RIGHTS AND JURISDICTION ASPECTS

Duration of criminal proceedings is one of the most important issues in the theory and practice of Latvian criminal proceedings. Unlike the limitation period for persons in pre-litigation proceedings, the Criminal Procedure Law does not contain such a time limit for proceedings. This raises the question of the possible improvement of the legal framework, from a jurisdictional point of view and from a human rights point of view. The Article analyzes the standards of length of proceedings, their impact on the rights of the involved persons and legitimate interests’ realization, as well as the impact on jurisdiction. Methods used to create an Article: analytical sociological observation method, induction and literature analysis method. The final conclusion is that in the course of the lengthy proceedings, there are risks to the parties right to a fair hearing within a reasonable time, the role of the prosecutor in preparing the case for trial, as well as the problem of the organisation of work in the courts of first instance. Amendments to the Criminal Procedure Law and Law “On Judicial Power” are proposed.

Identifying Geriatric Syndromes in Adults with Sickle Cell Disease Using the Sickle Cell Disease Functional Assessment (SCD-FA): The Sickle Cell Disease Functional Assessment Validation and Refinement (SILVR) Study

Introduction As people with sickle cell disease (SCD) age, they experience accelerated functional decline. Since historically survival for SCD has been limited to middle age, geriatric syndromes in adults with SCD remains understudied. Chronological age does not accurately represent a person's health status; thus, valid functional measures for adults with SCD are required. Geriatric assessments are commonly used to measure function in older adults in the general population. We previously demonstrated feasibility, safety, and acceptability of a geriatric assessment battery called the Sickle Cell Disease Functional Assessment (SCD-FA) in adults with SCD. The SCD-FA includes physical performance test and surveys evaluating multiple health domains. The purpose of this study was to evaluate the construct validity of the SCD-FA. Methods We enrolled younger (age 18-39) and older (age ≥ 40 years) adults with SCD in a single center prospective study. We assessed construct validity of each SCD-FA measure by determining known-group validity. Specifically, we evaluated whether the SCD-FA could distinguish between participants known to differ based on the following: age (< 40 vs ≥ 40), SCD genotype non-severe (HbSC/HbSβ +-thalassemia) vs severe (HbSS/HbSβ 0-thalassemia), and dependence in Activities of Daily Living/Instrumental Activities of Daily Living (no ADL/IADL deficit vs ≥ 1 ADL/IADL deficits). We used Student's t-tests and Wilcoxon rank sum test to gauge significant differences between groups. Results We performed the SCD-FA in 111 adults with SCD at steady state, with 93 (84%) having complete data. Most participants (58%) were female. The mean age of all participants was 44 ± 14 (range 19-82 years), with most (56%) age ≥ 40 years. The mean age for younger adults (18-39 years) was 30 ± 5.8 and 54 ± 9.3 for older adults (≥ 40 years). When evaluating SCD-FA measures by age, older adults had lower scores on PROMIS Physical Function (younger 52 ± 6.9 vs older 46 ± 8.4; p<0.001). Although there was no difference in number of falls by age, there were several participants with ≥ 1 fall (15%) or near fall (36%) in the last 6 months. Older adults had higher scores on the Social Support Survey (implying better support) (younger 69 ± 30 vs older 80 ± 20; p< 0.05). Older adults had more non-SCD comorbidities (younger 0.5 ± 0.7 vs older 1.7 ± 1.7; p<0.001), with no younger adults with ≥ 3 comorbidities vs. 33% of older adults with ≥ 3 comorbidities, more SCD conditions (younger 2.0 ± 1.5 vs older 2.7 ± 1.7; p< 0.05), and more reports of fair or poor hearing (0% younger vs 8% older; p = 0.01). Older adults took more prescribed medications (younger 3.9 ± 2.4 vs older 6.3 ± 3.9; p = 0.001) and were more likely to meet criteria for polypharmacy (defined as ≥ 5 prescribed medications) with 30% of younger adults vs 64% of older adults (Figure). Most participants (64%) had HbSS/HbSβ 0 (severe genotype) and 36% had HbSC/HbSβ + (non-severe genotype). When comparing groups by genotype, participants with severe genotypeshad a lower body mass index (severe25 ± 5.8 vs non-severe 31 ± 8.4 kg/m2; p < 0.005) and fewer non-SCD comorbidities (severe 0.75 ± 1.0 vs non-severe 1.9 ± 1.8; p< 0.005). There was no difference in physical performance, falls, psychological state, SCD conditions, and number of medications by genotypes. Of all participants, 34% reported dependence in ≥ 1 ADL/IADL. When comparing groups by ADL/IADL dependence, those who were dependent in ≥ 1 ADL/IADL had worse physical performance for all measures (gait speed, grip strength, 6-minute walk, Timed Up and Go test, and 30-Second Chair Stands). ADL/IADL dependent participants had more falls, higher PHQ-9 scores, lower MiniCog scores, more non-SCD comorbidities, and were more likely to report fair or poor vision. There was no difference in reported hearing deficits. (Table) Conclusion The SCD-FA was able to distinguish between known-groups by age and ADL/IADL dependence and identify deficits in adults with SCD such as falls, polypharmacy, comorbidities, and sensory deficits. Geriatric syndromes did increase with age in adults with SCD and were more common than in the general population (34% ADL dependent SCD participants vs 15% of middle-aged U.S. adults). Therefore, there is a need for early initiation of interventions to improve function and quality of life. We are currently adapting geriatric interventions for older adults with SCD. In future studies we will assess the predictive validity of the SCD-FA.

Legal Issues in Remand Proceedings under the Administration of Criminal Justice in Nigeria

The Administration of Criminal Justice Laws in Nigeria that replaced the Criminal Procedure Code and the Criminal Procedure Act has brought “Remand Proceeding” as part of her innovation. This however appears in all regard as legislating and legalising the condemned “Holding Charge”. This innovative provision was greeted with heated disdain, disapproval and unwelcome criticism. It is seen as unconstitutional and contrary to the policy of criminal litigation procedure. It was held to have usurp the right to personal liberty, dignity and fair hearing of an accused defendant whose remand order will be handed down based on anex-parte application. This discourse investigates these assertions based on the principles and laws governing criminal litigation in Nigeria. The objective is to determine the significance velnon of the Remand Proceeding and its constitutionality. This piece founds that, the provisions dealing with remand proceedings are complementary to the constitution and serves the need of criminal litigation to curb the excesses of the prosecuting authorities. The significance therefore outweighs the perceived disadvantages of the procedure.

Reasonable Time Requirement: ECtHR Approach

The concept of access to justice is enshrined in Article 6 of the European Convention on Human Rights. It encompasses a number of core rights and the requirements arising therefrom constitute the main obligations for high contracting parties to the convention. Thus, ensuring the materialization of those rights in their respective domestic legal systems should, in fact, be perceived as the sole priority of the member states in terms of guaranteeing adequate human rights protection framework. The right to a fair trial protected by Article 6 of the convention provides that everyone is entitled to a fair and public hearing within a reasonable time in the determination of his civil rights and obligations and of any criminal charge against him. In simpler words, it says that proceedings shouldn’t be excessively long. At first glance, the implementation of a reasonable time requirement seems very easy. On the other hand, if we look just a little bit deeper, several factors that hinder hearing from being within a reasonable timeframe will therefore appear, which as usual results in preventing the proper administration of the justice. Apparently, the importance of this right is itself obvious; however, alleging the violation to have proceedings concluded within a reasonable period of the time is by far the most common issue raised in applications to the ECtHR. The article analyzes the concept of the reasonable time requirement. Afterward,it describes the identification of the relevant period that ought to be taken into account while assessing the reasonableness. Lastly, the paper tries to illustrate the key criteria applied by ECtHR in order to determine the reasonableness of the proceedings referring key standards set by the court itself and examines if the methodology used by the court while assessing the reasonable length of the proceedings is the right approach to the problem.

Custodial Congestion: An Examination of the Legal Hurdles of Holding Charge Practice in Nigeria

Custodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations.

What Natural Law Is Not: Distinguishing Natural Law from Other, Related Normativities

Custodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations.

SOLDIERS’ CONSTITUTIONAL RIGHTS AND MILITARY JUSTICE: COMPARISON BETWEEN THE REPUBLIC OF MALDIVES, MALAYSIA AND OTHER JURISDICTIONS

In 2008, Maldivians promulgated a revised Constitution. The updated Constitution introduced several democratic reforms, such as the establishment of independent institutions, the protection of human rights, the introduction of a multi-party system, and the strengthening of the rule of law. Mainly fair and transparent hearings and fair administrative action. These reforms have allowed the Maldives to achieve a more open and transparent government. Nevertheless, since 2008 many cases ruled by Maldivian military judicators have been acquitted by the Maldivian civil justice system, which includes trial courts, the high court, and the supreme court. The civil justice system has determined that the military judicators have not followed due process, and thus the cases have been overturned. Additionally, the civil justice system has implemented several reforms and safeguards to ensure all citizens have access to a fair trial. This resulted in prejudice against military justice in the army. The primary goal of the military judicator is to maintain good order and discipline in the army, as discipline is the sole of every army. Therefore, this article thoroughly analyzes the unconstitutional limitations on constitutional rights by the Maldivian military judiciaries and the legal implications that follow. It emphasizes the crucial significance of maintaining the rule of law, promoting good governance, ensuring military justice, and preserving national stability. Furthermore, it draws insightful comparisons between Malaysia and other relevant jurisdictions.

Self-Reported Hearing Loss Is Associated With Poorer Health Care Access, Delays, and Communication With Providers During the COVID-19 Pandemic: Findings From the Survey of the Health of Wisconsin COVID-19 Community Impact Survey.

This article aimed to evaluate associations of self-reported hearing loss with health care access and delays and difficulties communicating with health care providers during the COVID-19 pandemic. The COVID-19 Community Impact Survey was administered online to a sample of participants from the population-based Survey of the Health of Wisconsin study cohort in Spring 2021. Hearing loss was defined as self-reported fair or poor hearing. Difficulty with health care access and delays were defined as self-reporting needing but not getting medical care or self-reporting delays in appointments due to COVID-19, respectively. Poor communication with health care providers was defined as self-reported difficulties communicating with health care providers due to wearing a mask during the COVID-19 pandemic. Logistic regression models were used to evaluate associations between hearing loss and the health care outcomes. Results are presented as odds ratios (ORs) with 95% confidence intervals (95% CIs). First, models were adjusted for age and sex. Next, models were additionally adjusted for education, race/ethnicity, self-rated health, and number of chronic conditions. This study included 1,582 participants (62.3% women; 11.9% non-White; age range: 18-75+ years). The number of participants with hearing loss was 196 (12.4%). After multivariable adjustment, self-reported hearing loss was associated with poorer health care access (OR = 2.41, 95% CI [1.62, 3.59]), health care delays (OR = 1.93, 95% CI [1.37, 2.71]), and increased difficulty communicating with health care providers wearing face masks (OR = 3.31, 95% CI [2.15, 5.08]) during the COVID-19 pandemic. The impacts of the COVID-19 pandemic on difficulties accessing and using health care are likely exacerbated for individuals with hearing loss. There is a need for interventions that will optimize health care experiences for individuals with hearing loss, particularly when face masks and/or telecommunications are used to provide health care services.

Associação entre autopercepção auditiva e comprometimento cognitivo em idosos brasileiros: estudo populacional

Abstract Cognitive health plays an important role in the quality of life and autonomy of older adults. and it is influenced by hearing ability. This article aims to analyze the association between self-perceived hearing status and cognitive impairment in Brazilian older adults. This cross-sectional population-based study was conducted with 4,977 older adults who participated in ELSI Brazil 2015. The cognitive impairment status (outcome. categorized as “yes” and “no”) and variable of interest (self-perceived hearing status. categorized as “good” “fair” and “poor”) were obtained using a self-report method. The following domains were considered for cognition: temporal orientation. memory (short and long term). and language (recent and late). Poisson regression with robust variance estimation was used to assess the self-perceived hearing status-cognitive impairment association in the crude and adjusted analyses. Sociodemographic. lifestyle. and medical history variables were used to adjust the analyses. We found that 31.8% of the participants reported fair or poor hearing and 42% had cognitive impairment. In the adjusted analysis. older adults with poor hearing were revealed to have a stronger association with cognitive impairment than their peers with good hearing. Therefore. in older Brazilian adults. lower self-perceived hearing status is associated higher levels of cognitive impairment.

Association between self-perceived hearing status and cognitive impairment in the older Brazilian population: a population-based study.

Cognitive health plays an important role in the quality of life and autonomy of older adults. and it is influenced by hearing ability. This article aims to analyze the association between self-perceived hearing status and cognitive impairment in Brazilian older adults. This cross-sectional population-based study was conducted with 4,977 older adults who participated in ELSI Brazil 2015. The cognitive impairment status (outcome. categorized as "yes" and "no") and variable of interest (self-perceived hearing status. categorized as "good" "fair" and "poor") were obtained using a self-report method. The following domains were considered for cognition: temporal orientation. memory (short and long term). and language (recent and late). Poisson regression with robust variance estimation was used to assess the self-perceived hearing status-cognitive impairment association in the crude and adjusted analyses. Sociodemographic. lifestyle. and medical history variables were used to adjust the analyses. We found that 31.8% of the participants reported fair or poor hearing and 42% had cognitive impairment. In the adjusted analysis. older adults with poor hearing were revealed to have a stronger association with cognitive impairment than their peers with good hearing. Therefore. in older Brazilian adults. lower self-perceived hearing status is associated higher levels of cognitive impairment.

Hurdles in Joinder: Case of Professor Enu, C.I.I. and Ndokwa West L.G.C., Delta State Nigeria

Joinder of parties in litigation is one recurrent decimal in the administration of civil justice in Nigeria. It is because of its complexity that the theory of representative action developed so that parties who have similar interests in a subject matter in litigation can allow one of their own to institute an action in their behalf usually called class action. Representative actions are popular in family, associational and organizational settings. This study is a critical conversation around the circumstances that gave rise to a joinder application in NWACC/37/2019 Chief Mrs. Rita Enu v. Melody Ogwezzy and Community Integrity Initiative where the defendants in the suit tried to join Professor Emmanuel Ifeanyichukwu Enu, the spouse of the plaintiff and Ndokwa West Local Government Council in an action concerning the naming and allocation of Street numbers in Bishop Titus Enu Close, Kwale Delta State. The study which adopts doctrinal method surveyed the claims and counter-claims in the suit and the evidence in the case and interrogated the judicial authorities in the area of joinder of parties in civil litigation. It critically raises the primary facts which the plaintiff relied upon in suing the defendants and presented the evidence elicited from cross examination of the plaintiff that yielded the factual circumstances that the defendants capitalized upon to raise a Motion on Notice for joinder. Although the joinder was swiftly dismissed by the trial court, an appeal to the High Court of Justice, Kwale was subsequently transferred to the Delta State Customary Court of Appeal, Cabal Point, Asaba where the appeal succeeded in parts: while the Local Government Council was ordered to be joined, the joinder of Professor Enu was refused. The study finds that there are clearly laid down guiding principles that a court follows in the determination of every application touching on joinder the Locus classicus of which is laid down in Green v. Green. It was further found that although the grant or refusal of an application for joinder is an exercise within the discretion of the court, which ought to be exercised judicially and judiciously and the appellate courts do not form the habit of interfering often with the exercise of a lower court’s discretion, in this case under review, the court of appeal intervened essentially because the issue of fair hearing was invoked as the Delta State Customary Court of Appeal, Asaba determined that the defendants had sufficiently demonstrated an indictment of the Local Government Council in the performance of its constitutional responsibility and thus ordered that it should be joined to be confronted with the case and complaints of the defendants.

PROCEDURAL SIGNIFICANCE OF THE ACTIVITY OF AN EXPERT IN ENSURING REASONABLE TIME IN CRIMINAL PROCEEDINGS

The article is assigned to the procedural significance of the expert’s activity, under the hour of the examination in criminal proceedings for the most reasonable lines. The peculiarities of the status of an expert in criminal prosecution, and its role in the activities of parties in criminal prosecution are the main tasks of criminal prosecution. The relevance of the study is determined by the fact that, in accordance with part 1 of article 6 of the European Convention on Human Rights, everyone has the right to a fair and public hearing of his case within a reasonable time by an independent and impartial court established by law, which will resolve the dispute regarding his rights and obligations of a civil nature or establish the merits of any criminal charge brought against him. The general requirements of justice contained in Article 6 apply to all criminal proceedings regardless of the type of offence being considered. Injecting the effectiveness of the activities of the expert visas on the development of reasonable lines in the criminal investigation. The search for innovative sources to improve the quality of this work, and the use of the achievements of science and technology, should go hand in hand with the introduction of new methods of conducting expert research within the framework of criminal proceedings, which would affect the provision of procedural terms, the effectiveness of investigative (search) actions and would exclude delays and abuse by right.