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Reference from Coast to Coast – State Legislative History
By Jan Bissett and Margi Heinen, 15 Feb 2002
View previous columns
Jan Bissett is a Reference Librarian in the Bloomfield Hills, Michigan office of Dickinson Wright PLLC. She is a past president of the Michigan Association of Law Libraries and has published articles on administrative and research related topics in the Michigan Association of Law Libraries Newsletter and Michigan Defense Quarterly. She and Margi Heinen team teach Legal Information Sources and Services for Wayne State University's Library and Information Science Program in Detroit, Michigan.
Margi Heinen is the Librarian at Jaffe, Raitt, Heuer & Weiss in Detroit, Michigan. She teaches Legal Resources at the University of Michigan's School of Information and is team teaching with her co-columnist, Jan Bissett, at Wayne State University's School of Library and Information Science. She regularly does Internet training of legal staff at her firm and recently collaborated with Kathleen Gamache on an I.P.E. presentation, Internet Strategies for the Paralegal in Michigan. She is active in the Law Librarians of Metro Detroit and is a member of the American Association of Law Libraries.
One of the most frustrating and confusing reference demands is the request for legislative history of a state statute.Frustrating because expectations and results often reside on opposite ends of the spectrum; confusing because each state legislature functions differently – without the comforting profusion of documents familiar to us from Federal legislation.Add to this murky situation that attorneys requesting legislative history frequently do so when all else has failed and time is short.
What do we mean by legislative history and what does it do for us?Legislative history is generally understood to be the pre-enactment history of a statute.This history may be requested for one of several purposes and the researcher is wise to determine the goal of the inquiry before proceeding.Requests usually consist of one or more of these segments:
Pending Legislation:Is a state legislature considering specific legislation? Which of the 50 states have introduced legislation on a topic?To answer these questions you need access to the full-text of introduced legislation and a reasonably good search engine.
Status or Bill Tracking:Often a second step to the "pending legislation" question, you may know of introduced legislation but need to know if it has passed one legislative body; become law; been vetoed.To be comprehensive and confident dealing when with these questions, it is helpful to find information on when the legislative session ends or is in recess.Some state legislatures meet most of each year – others meet only every other year.
Intent:The most elusive of legislative history requests, finding intent, is the most frustrating of the three.Few state legislatures make a habit of clearly explaining their actions.Some states have persuasive materials such as reports or analyses of legislation, but they are rare and not always on-line.
Where to begin? If you feel confused by the paragraphs above and want to work through a tutorial on state legislative history, try Finding State Legislation:A Web Tutorial designed with a grant from American Library Association's Government Documents Roundtable. This site provides examples of searches, links to the 50 state legislative sites via the Library of Congress Internet resource page "State and Local Governments" and does a great job of helping the researcher understand what documents and sites are useful in state legislative histories.Alternatively, if you already feel comfortable with the mechanics of legislative history research you may want to visit Multistate Associates' State Legislative Presence on the Internet for a list of the 50 states with links to their legislature in a summary chart describing what materials and what formats are available for each state.The Comments column is helpful and, at least for our state, Michigan , accurate. However, the indication that DC doesn't have status information is no longer correct. LLSDC's Legislative Source Book includes a section on State Legislatures, State Laws and State Regulations:Website Links & Phone Numbers.
Of course, the catch in doing state legislative history is that we may be very familiar with how our state makes law, but then we are asked to dig into the workings of a sister state and find we know nothing about their process. A savvy researcher will not begin legislative history research in another state without first finding some guidance.Zimmerman's Research Guide at LLRX.com "State Legislative History" provides tips on legislative services and information sources.Many librarians have assisted professional and novice researchers by producing guides to "how to do legislative history" in their state or using their library collection.The State Law or Legislative Library or Archives may be the source of this material.For example, the Michigan Legislative Service Bureau's Sources of Michigan Legislative History available from the Library of Michigan discusses the legislative documentation available and the sources of specific documents. The Maine State Law and Legislative Reference Library's Maine Legislative History ; New York State Library's The Legislative History of a New York State Law and Legislative Intent as well as the Legislative Reference Library's Compiling Texas Legislative History and Utah State Archives & Record Service's Legislative Intent and Legislative History are some of the "how-to" state legislative guides or pathfinders available on the web.
If you can't locate a guide at a specific state library or archives, try one of the law school libraries in that state:ASU Ross-Blakley Law Library's Arizona Legislative History:A Research Guide; A Guide to Finding California Legislative History; Marian Gould Gallagher Law Library's Washington Legislative History are examples of available materials.These guides will help to familiarize researchers with the legislative process and documents available.
Several sources are often cited as helpful tools in locating state legislative materials: Guide to State Legislative and Administrative Materials, 2000 Ed. (Manz, William H.Buffalo , New York :William S. Hein & Co.); State Legislative Sourcebook:A Resource Guide to Legislative Information in the Fifty States (Hellenburst, Lynn.Topeka , Kansas :Government Research Service);and State Legislative Histories: A Select, Annotated Bibliography (Torres, Jose R. and Windsor, Steve. 85 Law Library Journal 545 (1993)). Don't forget to check Zimmerman's Research Guide at LLRX.com for a particular state or that state's law/legislative library for more information on state legislative history/intent materials.
Obtaining state legislative history information, status and bill text has become much easier now that individual state websites are involved.Pre-Web researchers relied on Westlaw® and LexisNexis or commercial ventures such asState Net to obtain text and status.Commercial services and the state libraries may still be your only source to older bill/status information. It is not clear on most state Web pages how far back they will archive past legislative sessions.Documents that provide intent remain more elusive than status or bill text.However, as you research a particular state if you don't see documents included on the Web page that would aid your search for intent–don't be shy–use that "Contact Us" link to tell the Webmaster what you are looking for.Demand may help improve online access.
Links Mentioned in this Article
Finding State Legislation:A Web Tutorial
Link: http://mccoy.lib.siu.edu/legis/trace/
Link: http://www.nysl.nysed.gov/legint.htm
Legislative Intent and Legislative History
Link: http://www.archives.state.ut.us/referenc/leghist.htm
Legislative Source Book
Link: http://www.llsdc.org/sourcebook/state-leg.htm
Maine Legislative History
Link: http://www.state.me.us/legis/lawlib/history.htm
Sources of Michigan Legislative History
Link: http://www.libofmich.lib.mi.us/law/leghist.html
State Legislative History
Link: //www.llrx.com/guide-gen/3/863.html
State Legislative Presence on the Internet
Link: http://www.multistate.com/site.nsf/state?OpenPage
Washington Legislative History
Link: http://lib.law.washington.edu/ref/washleghis.html
Zimmerman's Research Guide at LLRX.com
Link: //www.llrx.com/guide/index.htm
Posted in: Reference from Coast to Coast


text:
Q: react-draggable not working with custom components https://github.com/mzabriskie/react-draggable
How can I get a custom component to drag?
The following works when clicked
import React from 'react';
import { DraggableCore } from 'react-draggable';

export default class Hello extends React.Component {

  onStart = () => {
    console.log('here');
  }

  render() {
    return (
      <DraggableCore
        onStart={this.onStart}
      >

Drag me!

      </DraggableCore>
    );
  }
}

and this does not
import React from 'react';
import { DraggableCore } from 'react-draggable';

class Test extends React.Component {
  render() {
    return (

{this.props.children}

    );
  }
}

export default class Hello extends React.Component {

  onStart = () => {
    console.log('here');
  }

  render() {
    return (
      <DraggableCore
        onStart={this.onStart}
      >
        <Test>Drag me!</Test>
      </DraggableCore>
    );
  }
}

with the only difference being that instead of h1 being used directly, it now uses custom component Test
https://stackblitz.com/edit/react-ev9iyu?file=Hello.js
I have tried forwarding the ref. I have also tried wrapping it in a Fragment

A: Wrap your component with a div inside of DraggableCore:
<DraggableCore onStart={this.onStart}>

    <Test>Drag me!</Test>

</DraggableCore>

A: I'm super late to the game here but I hope this helps someone. You have to give your component a rest prop. You need to do this because DraggableCore copies the component and puts several event listeners on the component. Look at the render of DraggableCore. https://github.com/react-grid-layout/react-draggable/blob/master/lib/DraggableCore.js. Your component needs to be able to receive these event listeners.
const Test = ({ children, ...rest }) => {
  return (

{children}

  )
}

const Hello = () => {
  const handleStart = () => console.log('here');

  return (
    <DraggableCore
      onStart={handleStart}
    >
      <Test>Drag me!</Test>
    </DraggableCore>
  );
}

redpajama_set_name: RedPajamaStackExchange


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redpajama_set_name: RedPajamaCommonCrawl


text:
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HomeInternational Tobacco Company Plc. v. NAFDAC
International Tobacco Company Plc. v. NAFDAC
«back to Cases and Principles
International Tobacco Company Plc. v. National Agency for Food and Drug Administration and Control (NAFDAC)
Judgement Delivered on Wednesday, February 7, 2007
Citation: 50 NIPJD [CA. 2007] 376/2003
Suit No. CA/L/376/03 Jurisdiction: Nigeria
BEFORE THEIR LORDSHIPS
ADZIRA GANA MESHELIA, J.C.A.
CLARA BATA OGUNBIYI, J.C.A. (Delivering the Lead Judgement)
RAPHEAL CHIKWE AGBO, J.C.A.
Appearances: O. Oyefuso for the Appellant
E. Oji for the Respondent
Interpretation of provisions of the NAFDAC Decree No. 15 of 1993, as amended; Food and Drugs Act Cap 150, Laws of the Federation of Nigeria 1990 as amended, and the Drugs and Related products (Registration etc) Decree No. 19 of 1993 also as amended — The court considered whether the peculiar facts of this case constitute an exception to the judicial authorities that have held that non-service of a statutory pre-action notice renders the suit incompetent; Whether in view of the Respondents' threat of harm to the Appellants' business, the strict operation and application of S.26(1) of the NAFDAC Decree No. 15 of 1993 to the circumstances of the Appellant's case constitutes denial of the Appellant's right of access to courts.
I. FACTS
The suit giving rise to this appeal was on the 6th March 2003 brought in the Federal High Court by the appellant against the respondent by an originating summons seeking the interpretation of and construction to be placed on certain provisions of the National Agency for food and Drug Administration and control Decree Number 15 of 1993, as amended; the Food and Drugs Act Cap 150, Laws of the Federation of Nigeria 1990 as amended, and the Drugs and related products (Registration etc) Decree Number 19 of 1993 also as amended. The appellant also applied for interim and interlocutory orders of injunction restraining the respondent from entering,impounding and detaining the appellant's products or staff pending the determination of the suit. These are all evidenced at pages 1- 47 of the record of appeal.
The learned trial court in consequence, refused the appellant's application for interim reliefs. Before the hearing of the motion on notice for interlocutory injunction therefore, the respondent filed a preliminary objection contending that the statutory condition precedent for the commencement of the suit against the respondent was not satisfied by the appellant before the action was filed. The learned trial judge upheld the preliminary objection i.e. to say to the competence of the suit on the ground that the condition precedent of service of a pre-action notice before the commencement of the suit was not complied with. The suit was accordingly struck out. This appeal is therefore against the said ruling delivered on the 19th May, 2003.
The brief facts of this suit were that the plaintiff/appellant's premises at Oregun, Lagos was threatened and in fact sealed by the Defendant/Respondent following an information received that the appellant had in stock defective cigarettes that might be harmful to prospective users. Samples of the cigarettes were taken away for the determination of the true level of spoliation by means of laboratory analysis. The sum of N660,000 was therefore demanded by the respondent from the appellant to cover the cost of laboratory analysis of the product samples impounded. The plaintiff/appellant therefore filed the originating summons wherein it sought for the determination whether the defendant/respondent had the statutory powers to regulate the appellant's activities, while at the same time sought remedial interim reliefs against the respondent.
The trial court refused the appellant's application for the interim reliefs. Before hearing of the motion on notice for the interlocutory injunction however, the respondent filed a preliminary objection contending that the statutory condition precedent for the commencement of the suit against the respondent was not satisfied by the appellant before the action was filed. The learned trial court on the 19th May 2003 upheld the respondent's preliminary objection to the competence of the suit on the ground of failure to serve a pre-action notice. It is against the said ruling of the court that the appellant now appeals.
By a notice of appeal dated 30th June and filed on the 9th July, 2003, the appellant filed three grounds of appeal. In accordance to the rules of court, briefs were exchanged by the parties with the appellants brief dated 20th September, 2004 and deemed filed and served on the 9th December, 2004.
On the 15 November, 2006, when the appeal was called up for hearing the learned appellant's counsel Mr. Oyefuso adopted their said brief of arguments wherein he tied their issue no 1 to ground of appeal No. 1 and issue 2 to grounds 2 and 3. In his submission before us, the learned appellant's counsel argued that no formal notice was served on the respondent because the case falls under an exceptional circumstance as provided for under the case laws. In otherwords, with an injunction being sought at the lower court, that there could have been no opportunity or room for settlement of parties in this case.
On issue No.2, in his oral arguments the learned counsel conceded the constitutionality of pre-action notice but that the authorities cited should not form a precedent in this matter in view of its peculiar nature. Counsel in support cited the case of Clement v Iwuayanwu (1989) 3 NWLR (Pt 107) page 39. That in view of the coercive nature of the respondent applying the principles stated in the authorities where pre-action notices are constitutional, the application of same would work injustice on the appellant who had no opportunity for any settlement but whose remedy lies in the court for an urgent injunction to be issued. That insisting on pre-action notice in this circumstance would be unconstitutional as it would deny the appellant an urgent remedy.
Counsel urged the court to therefore allow the appeal.
The learned respondent's counsel Mr. Emeka Oji drew the court's attention to their supplementary record filed on the 19th May, 2004. In adopting the issues, counsel related that while their issue No. 2 is the same as appellant's issue 1, their issue No. 1 is however different and predicated on ground 3 of the grounds of appeal.
Learned counsel on his oral substantiation of issue No. 1 emphasized the case of Mobil Producing (Nig) Unlimited v LASEPA 2002 (18) NWLR part 798 page 1. That the record of appeal showed that they did challenge the competence of the suit by preliminary objection at pages 55 – 56. That the trial court was right in striking out the action of the appellant for failure to meet the provision of section 26(1) of NAFDAC Decree 15 of 1993.
That contrary to the contention of the appellant's counsel, the intention of pre-action notice did not deny their client access to court.
That the appeal, he argued, should be dismissed therefore with costs.
With reference to the briefs of the parties, each has formulated two issues for determination. That of the appellant reproduced state as follows:-
(1) Whether the peculiar facts of this case constitute an exception to the judicial authorities that have held that non-service of a statutory pre action notice renders the suit incompetent.
(2) Whether in view of the Respondents' threat of harm to the appellants' business, the strict operation and application of S.26(1) of the National Agency for Food Drugs Administration and control ("NAFDAC") Decree Number 15 of 1993 to the circumstances of the appellant's case constitutes denial of the Appellant right of access to courts.
With the respondent equating its issue no 2 the same as the appellant's issue 1, it would be pertinent to therefore only reproduce the said respondent's 1st issue which the counsel submits as different. The said same which reads as follows:-
2. Whether the interpretation of the provisions of S.26(1) of the NAFDAC Decree No 15 of 1993 in favour of the Defendant/Respondent by the lower court constituted a denial of Plaintiffs/Appellants right of access to the courts.
On the critical analysis of all the issues formulated by parties, it is apparent that the appellant's first issue recognises the general rule that non-service of a statutory pre-action notice renders a suit incompetent. However the issue urges and advocates for the dispensation with the general rule requirement, in view of the peculiar facts of this case, which should serve an exception.
The purport of the appellant's issue no 2 is to expatiate on the 1st issue wherein the "peculiar facts" are highlighted and which relates to the "respondents threat of harm to the appellants business" thereby alleging the application and operation of the NAFDAC provision as unconstitutional. The construction and interpretation of the foregoing analysis would in my view subsume and incorporate the intention of the respondent's issue No.2,. The cumulative deduction of all the issues formulated by both parties therefore could in my humble view be accommodated and be taken together. This would certainly be of great convenience to forestall the overlapping which invariably cannot be exercised, one from the other, and thus avoiding repetition.
For the substantiation of the 1st issue raised, the appellant's foundational argument centred on the analysis of the legal significance, essence and/or purpose of the pre-action notice requirement contained in S.26 of the NAFDAC Decree and such similar provisions. In the critical interpretation of the said section 26 therefore, reliance was sought to be made on the following authorities of Mobil Producing (Nig) UNLTD v LASEPA (2002) 18 NWLR (Pt. 798) page 1; Nigerian Ports Plc v Ntiero (1998) 6 NWLR (Pt.555) 640; Atolagbe v Awuni (1997) 9 NWLR (Pt.522) p.536. Amadi v NNPC (2000) 10 NWLR part 674 p. 76 and Clement v Iwuayanwu (1989) 3 NWLR (pt 107) p. 39.
Counsel submitted that a proper interpretation of the law cannot be based on legal issues formulated from the intention of the legislature without a consideration of the peculiar or general circumstances contemplated by the law maker. In otherwords, that decisions based on general circumstances contemplated by the legislature cannot serve as precedents for other peculiar circumstances which are either contemplated or not. Counsel argued that in the interpretation of statutes, the essential attributes of any given law must be considered relating to the basic statement, text or wording of the law reflecting a command on the one hand, and on the other, the intention behind the text reflecting the purpose of the law. That a command element is inferred from an interpretation of what the rule says while the purpose element is inferred from an interpretation of why the rule says what it says.
Further more Counsel argued, that the two elements must co-exist for a statute to become enforceable and applicable to any circumstance or set of facts for determining the applicability of a law to a given situation. That while the command element in S.26 of the NAFDAC Decree is unambiguous in clearly and unequivocally stating the prerequisite of service of a pre-action notice by a prospective plaintiff, the purpose element has not been stated. Learned counsel emplored the court to adopt a construction which will promote the general legislative purpose underlying the provision in question rather than a construction which restricts the application to a particular set of facts. Counsel relied on the pronouncement made by Lord Denning L.J, the great jurist, in Magor & St. Mellons PDC v Newport Corporation (1950) 2 All ER 1226 at 1236.
That despite the mandatory nature of S.26 of Decree No.15 of 1993, the circumstances relating to the threat to seal the business premises of the appellant, for the second time, had created an impossible situation for compliance with the statutory provision and the reason: compelling the appellant to immediately seek interim injunctive reliefs by filing the suit. To buttress the submission made, learned counsel cited the authority in the case of Attorney-General Anambra State v Eboh (1992) 1 NWLR (pt.218) 491 at 509. Further reference was also made to Flower v. Board of Low Leylon(1877) 5 Ch. D. p.347 and Attorney- General v Hackney Local Board Law Report 20 Eq. 626. That the English Judicial Authorities had established an exception to the pre-action notice, and consequent to which the respondent cannot now seek to rely on the statutory provision to cover its arbitrary act. That for a party to seek to rely on any benefit so conferred by statute, he must be standing on a foundation of fairness and equality and not subterfuge. That the respondent's attempt is to overreach the spirit and intention of the statute by using this benefit/advantage as a sword of oppression rather than a legal shield in the interest of public policy.
Counsel further submitted that by its arbitrary and hostile disposition the respondent had altered its position and constrained the appellant to alter its de jure position by filing a suit without complying with the law. That having regard to the Supreme Court authorities under reference supra, learned counsel argued that claims can arise only from facts and circumstances and not in vacuo. That any fact and circumstance not on all fours and forming the bases of established judicial precedents, cannot in law form the basis for a decision in a case in issue. That if the facts are on all fours and pot the issues, the 'principle would be inapplicable and vice versa. Reference in support was made to the cases of Fawehinmi v. Nigerian Bar Ass. (No.2) (1989) 2 NWLR (pt 105) 558 at 649; and Clement v Iwuayanwu (supra). The counsel argued the ,distinctive nature of the authorities as against the matter at hand as it constitutes an exception to the application of the statutory provision.
Issue No.2, poses a question whether considering the nature of the threat of harm to the appellant's business, by the respondent, the strict operation and application of S.26(1) of NAFDAC Decree constitutes a denial of the appellant's right of access to the courts?
In defining "Access to court" learned appellant's counsel cited the case of Amadi v NNPC (2000) 10 NWLR (pt.674) 76 at 110 – 111 where it was held as an approach or means of approach to court without restraint. That the combined purport of S.6 (6) (b), providing for judicial powers of the court and S.36, providing for the right to; fair hearing in the constitution of the Federal Republic of Nigeria 1999, is to facilitate the right of access to court without legal obstacles that may neutralize the exercise or that right. Learned counsel therefore argued as inconsistent the making of regulations which in operation subvert the exercise of the right or render the right nugatory. Reference to buttress the submission was made to the case of Amadi v NNPC supra at 109/110 per Uwais J.S.C. Also the case of Bakare v Attorney-General of the Federation (1990) 5 NWLR (pt 152) P.516 at 535.
Counsel on the totality submitted that the strict operation of the statutory provision to the peculiar facts and exceptional circumstances of this case would constitute an improper obstacle to the appellant's right of access to court and thus infringe on its right to fair hearing as contained in S.36 of the constitution supra. That the application of the pre-action notice provision to the circumstances of this case would inhibit the appellant from having access to the courts and thus contrary to S.6(6)(b) of the constitution. Counsel urged us to therefore allow the appeal and set aside the ruling of the Federal High Court Lagos and to further order a continuation of the appellant's suit before another judge of the Federal High Court, Lagos. In response to the appellant's 1st issue, the learned respondent's counsel recapitulated and reflected on that which transpired before the lower court and submitted the erroneous interpretation by appellant's counsel especially of the cases of Mobil Producing (Nig) Unlimited v Lasepa supra, and also the case of Shaibu v Naicom (2002) 12 NWLR part 780 page 116. Deliberating on the said authorities, counsel applauded the lower court in striking out the case of the plaintiff/appellant for non compliance with the provision of S.26 (1) of the NAFDAC Decree 15 of 1993.
In answer to issue No.2 however, the said counsel again relied on the case of Mobil Producing (Nig.) Unlimited v Lasepa (supra). Further related authorities were the cases of Ngelegla v. Tribal Authority Nongowa Chiefdom (1953) 14 WACA 325, 327; Nigerian Ports Plc. v. Ntiero (1998) 2 NWLR (pt.555) p.640; Atolagbe v. Awuni (supra) and Amadi v. NNPC also under reference supra and re-iterated that in sum total the intention of a pre-action notice is not to deny access to the courts as wrongly submitted by the appellant's counsel. He therefore urged for the striking out of the appeal with costs.
It is not an issue in the matter of this appeal that the appellant is in breach of the provision of Section 26 (1) of the NAFDAC Decree NO.15 of 1993 as amended and therefore requiring a pre-action notice to be served on the respondent. This was admitted in their counter affidavit to the defendant/respondent's notice of preliminary objection dated 3rd April, 2003 vide paragraphs 21 and 22 at page 60 of the record of appeal. It is obvious therefore that the appellant is not denying the general rule that a pre-action notice is necessary and ought to be given. The contention however, is to the effect that in the circumstance of its case, same operates as an exception to the general rule requiring the giving of a pre-action notice, which insistence would constitute a denial of the appellant's right of access to court. The sustenance or not of the appellant's argument is dependant on the interpretation of Section 26(1) of the enabling Decree No.15 of 1993 as expounded in the various judicial authorities. Section 26(1) of the NAFDAC Decree provides as follows:-
"S.26(1) No suit shall be commenced against the Agency before the expiration of a period of one month after written notice of intention to commence the suit shall have been served on the Agency by the intending plaintiff or his agent and the notice shall clearly and explicitly state –
(a) the cause of action;
(b) the particulars of the claim;
(c) the name and place of abode of the intending plaintiff; and
(d) the relief which he claims."
The whole idea and purport of a pre-action notice is for the purpose of reparation. In other words to bring fully the grievance of the appellant to the notice of the respondent, who would be in a position to decide whether or not to settle and compromise the appellant's claim, or allow the matter to go to court. The discretion of the benefit or advantage of the provision lies squarely with the respondent, who reserve the right to either invoke it or not. The nature and purpose of the concept has been well expounded by their Lordships of the apex court in the case of Mobil Producing (Nig.) Unlimited. v Lasepa under reference supra wherein at page 36 it was said:-
"A pre-action notice which is for the benefit of the person or agency on whom or on which it should be served is not to be equated with processes that are an integral part of the proceedings-initiating process. Rather, its purpose is to enable that person or agency to decide what to do in that matter, to negotiate or reach a compromise or have another hard look at the matter in relation to the issues and decide whether it is more expedient to submit to jurisdiction and have a pronouncement on the point in controversy."
It serves a good meeting point of the two parties for purpose of a free bargain or negotiation, thus curtailing on technicalities which could result in delays in court. It is indeed a good alternative to dispute resolution and can also serve a means of a quick access to justice. With the same, emanating from the respondent, the provision is armed at serving its interest and convenience.
In a further related authority of the case of Ngelegla v Tribal Authority Nongowa Chiefdom (supra), it was held that the provision is necessitated for giving the defendant breathing time so as to enable him determine whether he should make a reparation to the plaintiff. The same proposition was enunciated and upheld in the case of Nigerian Ports Plc v. Ntiero supra.
The said section 26(1) as reproduced, uses the expression "No suit". It further went on that such suit shall not "be commenced before the expiration of a period of one month written notice shall have been served on the Agency."
With the combined effect of the use of the phrase "No suit" coupled up with the word "shall", in my humble view, the collective deduction gives an impression of a situation which is limitless; of a wide uncontrolled latitude and all embracing. In otherwords it covers all suits of whatever nature, origin, type, causes of howsoever or whatsoever. On a critical analysis of the provision therefore, it gives an imperative impression, that is to say, there can be no suit instituted against the Agency without the due compliance with the three compartmental stipulations therein. In otherwords there must be a one month's notice of intention to sue, which same must be in writing and served on the agency; a further directive also relates to what nature the notice ought to take and same in the circumstance which ought only be directory. This is apt in view of the fact that while the first two uses of "shall" are basic, static and mandatory requirements in all situations without exception, the third use of "shall" is dependent upon what stuff, nature and facts a particular suit is made of. This would obviously vary from one case to the other as particulars would all differ. While on the one hand, the use of the word "shall" in the third contexts is therefore of a changing nature it would only connote direction. To the contrary, and on the other hand, the same uses in the first two aspects are obligatory, which deviation thereof from the norm would be derogatory and attracting consequences.
Again in the case of AMADI v N.N.P.C. under reference supra, their Lordships of the apex court on the extent of applicability of pre-action notice prescribed by section 11 (2) NNPC Act held 'amongst others and said that the provision affords an absolute protection to the corporation. They also went further and said:-
"The expression "No suit" in section 11(2) NNPC Act, 1977, has been construed in section 46(1) of the University of Ife Edict as wide and all embracing. It was construed as covering all suits and whatever causes of action and not limited to anything done pursuant to any Act or statute. It relates to all or any type of action."
Deducing from the provision of section 26(1) of the NAFDAC Decree in issue it is apparent that the wordings are plain, clear and of a saline nature. Where the legislature therefore has used in an enactment language which is clear and devoid of any ambiguity or leaves no doubt as to its meaning, the court has no alternative but to construe the enactment in the same vein as the expressed intention.
This is more so as in the case at hand, where the provision is a condition precedent to instituting a suit against the respondent.
The learned appellant's counsel on his submission dwelt at great length on the concepts of command and purpose elements which he argued must both be present for the purpose of enforceability and applicability of a statute to any given circumstance or set of facts. Counsel argued that one of the elements cannot be applied without the other as they serve as the fulcrum for the determination and applicability of a law to a given situation. He further argued that in the absence of purpose element specifically stated in the provision of the said section 26 of the NAFDAC Decree, resort had to be made to judicial authorities to obtain the enabling reasonings and purpose giving rise to that command which has been specifically stated. That the restricted or strict interpretation and application of the command and purpose elements to every case without a consideration of the peculiarity of each case will only serve to produce manifest absurdity. That in the absence of an unequivocal inference from a given statute accommodating only a peculiar set of facts, the court ought to adopt a construction which will promote the general legislative purpose underlying the provision in question as against a construction which restricts the application of the provision to a particular set of facts.
The learned counsel in his analysis and application of section 26 to the case at hand, submitted that the nature of the peculiar circumstance of the appellant's case had created an impossible situation for compliance with the statutory provision. In otherwords, that in view of the hostile circumstances actuated by the respondent by its threat to seal the business premises of the appellant for the second time, an impossible situation for compliance with the statutory provision was therefore created, and which compelled the appellant to immediately seek interim injunctive reliefs by filing this suit. The question for determination, and resulting from the appellant's contention is whether its case serves an exception to the general rule laid down in section 26(1) of the NAFDAC Decree.
In the earlier determination supra, it has been deduced that while the use of the word "shall" in the said section 26(1) of the Decree are mandatory in the first two situations, the third use is however directory, depending on the set of facts and peculiar situations of each case. This restatement obviously refutes the submission by the appellant's counsel alleging a restricted or strict interpretation and application of the command and purpose elements in section 26( 1) of the Decree. This deduction would be made clearer in the light of the various authorities cited by both counsel in support of their submissions.
In the case of Attorney General Anambra State v Eboh, a decision of this court cited by the learned appellant's counsel supra, for instance, Awogu J.C.A at page 509 on propriety of taking action to forestall infringement of ones right, said:-
"…it is but right to protest if one smells danger, and not to wait until the rope is tight around the neck for his execution. The trial court must, however, be sure that a genuine fear exists. Whether or not the fear is sufficiently genuine to warrant protection is a mater for trial, …."
Underlining is for emphasis.
Also in an English judicial authority cited by the said appellant's counsel in the case of Flower v Board of Low Leylon supra at page 349 Malins V.C on a competence of a suit filed without compliance with a pre-action notice requirement, held as follows:-
"The object of the legislature appears to me very plain. It was no doubt intended that as these boards were to have jurisdiction over very extensive districts they were not to be liable to be constantly vexed with actions, but in every complaint made against them they should have reasonable notice of the cause of action, in order that they might set themselves right in case of any wrong having been done. It is clear, therefore, that where damages only are 'the principal object, the Act of parliament, which is similar in this respect to the words of the Metropolitan Management Act, requires that notice should be given to the local board. But it is said that this does not apply where the object is to prevent an irreparable mischief from being done; to prevent for instance, a stream from being stopped, where a speedy remedy by injunction is required, and where the object, in case of any delay, may be injurious to the person complaining. I agree in that case that the section would not apply, and an application might be brought at once for an injunction. But as the legislature has said, there is to be no writ issued without a months notice of the cause of action, I think the proper construction of the act is, that no writ should be issued without notice, except in cases of necessity…".
It is of significance to note that in the earlier case of ATTORNEY GENERAL ANAMBRA STATE, for the "smell of danger" to amount to a genuine fear, the determination of same and its certification ought be made by the trial court itself, who has the duty to ascertain its sufficiency from the circumstances of the facts before it. Comparatively and in the latter case of BOARD OF LOW LEYLON the applicability of a notice would be dispensed with in situations "where the object is to prevent an irreparable mischief from being done:"
The danger must be such that preservation is being put, at stake. Such is not the case at hand especially where the fear entertained was a threat "to seal the business premises of the appellant for the second time". The purpose and aim of law is to serve the same concept in all human endeavors. It is immaterial therefore whether the application is in England, Nigeria, America or wheresoever. The set goal to be achieved must be one, the same and the only one. It is needless to restate that the goal is to do justice without fear or favour to all manner of persons in all spheres of life and situations.
It is not surprising therefore that both the English and the Nigerian authorities have the same underlying intent. In otherwords, that where under our law a situation of an impending fear ought to be determined by a trial judge, the English law situational equivalent is where the inapplicability is to prevent an irreparable mischief.
In both situations, there ought to be a determinant factor to serve a pre-requisite in doing away with notice which cannot be as a matter of course. There must be an impending danger of such a state of no return or of a total destruction of the subject matter. The purpose and function of the law from all perspective, is to preserve.
The "determinant factor provision" serves as a caveat as it is necessary to forestall an abuse thereby defeating the very purpose, aim and purport of the very provision and thus making nonsense of same and of no effect. This, certainly is not to destroy the analysis of the legislative enactment as contended by the appellant in seeing to rely on the pronouncement made by Lord Denning in MAGOR & ST. MELLOUS RDC v. NEWPORT CORPORATION supra wherein he held that judges are to make sense by their interpretation of legislative enactments. The reliance of counsel on that authority therefore was a total misconception and misapplication especially where he argued a lack of consideration of the peculiar facts thus resulting into an inherent lacuna.
A further related authority is the case of NNPC v. Fawehinmi (1998) 7 NWLR pt. 559 p.598 also cited by the learned appellant's counsel wherein Pats-Acholonu JCA (as he then was and of blessed memory) at p.623 amongst others said as follows:-
"Consider for example a situation where a corporate body set up by a statute has done, or is on the verge of doing an act that is considered inimical to the interest of the other citizen, the situation being such that ordinarily an injunction quia timet of ex parte nature might be taken to avert the looming imminent danger. If there is a provision that there should be a notice of 1 month or 3 months as the case may be, then some harm perhaps of irremediable nature might have been done. Our constitution should be liberally construed to make it accommodate areas that likely to cause friction. It is doubtful whether such state of affair, that is giving one month or 3 months notice, could possibly be within the contemplation of the frame of the constitution…"
The said decision relates to two areas of consideration. The first aspect is where despite a provision of pre-action notice, an injunction, even of an exparte nature would be appropriate subject however to an 'impending event for the purpose of averting a "looming imminent danger which may result into some harm "perhaps of irremediable nature." This serves a confirmation of the pre-condition restated in the case of Attorney General Anambra State v Eboh (supra).
The appellant counsel's further submission related to the need of literal interpretation and the construction of the said Section 26(1) in the light of the constitution of the Federal Republic of Nigeria 1999, which he argued constitutes a denial of the appellant the right of access to the courts. In otherwords, that the regulation provision is constitutionally inconsistent with Sections 6(6)(b) and 36 which provides for judicial powers of the court and the right to fair hearing respectively. Learned counsel therefore argued the appellant's case as serving an exception to the general rule provided in Section 26(1) of the said NAFDAC Decree.
For the argument by the appellant's counsel to hold grip and substance, same must logically follow that the case falls outside the scope and purport of the ambit of the earlier interpretation given to section 26(1) of the decree thereof. The phrase "access to court" has been defined by the apex court in the case of AMADI v NNPC supra, wherein their Lordships per Karibi-Whyte JSC at page 111 said:-
"Access to the court means approach or means of approach to the court without constraint."
In the said authority under reference, the complaint was in respect of a defect in the pre-action notice wherein the appellant omitted to state the name and address of the intending plaintiff. In otherwords that the notice served was defective. Their Lordships held as in-equitable to regard such a situation as an equivalent to absence of notice. At page 111 of the report for instance they said:-
"…The omission cannot be an essential precondition for commencing an action against the corporation where a solicitor or agent is required for service…For a non compliance to be sufficient to deprive the court of its jurisdiction, the condition should be such as to make it difficult for the corporation to make its choice whether to settle with the plaintiff. Any other non compliance is in-substantial and should not deprive the court the exercise of its constitutional jurisdiction or deny the plaintiff access to the courts on the facts before the court. The mere omission to provide the address of residence of the plaintiff should not be fatal to the claim."
Without having to belabour the issue, the authority of AMADI v NNPC supra, is remarkably distinguishable from the case at hand wherein the pre-action notice was not at all given in this case.
Amadi's case also serves a confirmation of the third use of the word "shall" in the interpretation of section 26(1) of the Decree earlier made supra, wherein the word serves only a directive purpose and not imperative.
Again and for purpose of further recapitulation, I would emphasize that the essence of a pre-action notice is to serve a condition precedent and which must be fulfilled before an action can be instituted. That is to say one which delays the vesting of a right pending a happening of an event. The provision is peculiar in that, it operates to serve the interest of the defendant and should not therefore be confused with the citizen's impending ready access to court, as it serves only as a pre-constitutional regulatory access to court. It is pertinent to restate firmly that any statutory provision which is aimed either at singling out a class or category of persons for special privileges for the purpose of protection from any exercise of the court's constitutional jurisdiction, to determine the right of another citizen, would undoubtedly be inconsistent with the provision of Section 6(6)(b) of the constitution. This is not the case in the matter under consideration in this case.
The learned appellant's counsel again relied on the authority of Bakare v Attorney General of the Federation supra, wherein the court held in respect of the intendment of S.6(6)(b) of the constitution 1979, which is to "confer jurisdiction on the courts and…to provide access to the courts, to persons who may have any contention on "all matters" as between them and government or any authority or any person."
The said authority with all respect to the learned counsel for the appellant, cannot be interpreted as being in contradiction to Section 26(1) of the Decree. This is more so especially having regard to the authority in the case of Atolagbe v. Awuni cited supra. At page 566 of the report on the effect of Section 15 of Edict 3 of 1988 of the Chiefs (Appointment and Deposition) Law of Kwara State which is in pari materia to S.26(1) of the NAFDAC Decree 15 of 1993, their Lordships of the apex court again had the following to say:-
"Section 15 of Edict No.3 of 1988 does not curtail the right of a person to sue in a Chieftaincy matter as enshrined in the provision of Section 6(6)(b) of 1979 constitution…condition precedent ordered to be done before a litigant is entitled to sue, by reason of the provisions of some statute is not an ouster clause…It is an additional formality and unless proved to be enacted with a view to inhibiting citizens from having access to the courts, it is not contrary to Section 6(6)(b) of 1979 'Constitution."
It is obvious from the decided authorities that the provision of the Decree is merely procedural or adjectival and stipulates a condition precedent which a litigant must fulfil before coming to court for redress – this was the view taken by Onu JSC in Atolagbe v Awuni supra.
I agree entirely with the learned respondent's counsel on his submission therefore that S.26 (1) of the NAFDAC Decree 15 of 1993 did not curtail the right of a person to sue. This is because it merely lays down a condition precedent consequent to an institution of an action. It does not in other words, constitute an infringement of the exercise of judicial power by the courts or abridge the citizen's right of access to court amounting to an inconsistency with the constitution. The two issues in the circumstance are therefore both resolved against the appellant.
In the result and on the totality of this appeal, same lacks merit and is hereby dismissed. The ruling of the learned trial judge in striking out the plaintiff/appellant's case for non-compliance with the provisions of S.26 (1) of NAFDAC Decree No.15 requiring a one month pre-action notice of intention to commence proceedings against the defendant/respondent is hereby affirmed.
With costs following events, the sum of N10,000 is awarded in favour of the respondent.
Appeal dismissed with N10,000 costs to the respondent.
RAPHAEL CHIKWE AGBO, J.C.A.: I have been privileged to read in advance the beautifully crafted lead judgment just delivered by Ogunbiyi, J.C.A. and I agree with both her reasoning and conclusions. It is of course correct to conclude as the appellant has, that the decisions of this court and the Supreme Court on the mandatriness and the constitutionality of pre-action notice provisions in different statutory provisions can invite exceptions. These would be where irreparable damage would be done if the prospective plaintiff was to issue the notice and wait out the statutory period before accessing the courts. A typical example would be where life and limb is threatened. In the present case, the payment of the fees demanded by NAFDAC cannot constitute such irreparable damage, as the fees paid are easily recoverable on successful prosecution of the suit challenging it.
I also dismiss this appeal with N10,000 costs to the respondent.
ADZIRA GANA MSHELIA, J.C.A.: I read before now the draft of the lead judgment delivered by my learned brother Ogunbiyi, JCA. I entirely agree that this appeal lack merit and ought to be dismissed. Despite the mandatory nature of S.26(1) of NAFDAG DECREE reproduced supra in the lead judgment, it does not constitute an infringement of the exercise of Judicial power by the courts or abridge the citizen's right of access to court amounting to an inconsistency with the constitution. The essence of pre-action notice is to serve as a condition precedent and which must be fulfilled before an action can be instituted. In the instant case the learned trial Judge was right in striking out the Plaintiff/Appellants case for non-compliance with the provisions of 8.26(1) of NAFDAC DECREE 15 of 1993 requiring a one month pre-action notice of intention to commence proceedings against Defendant/Respondent.
For this and the much fuller reasoning of my learned brother Ogunbiyi, JCA. I too dismiss the appeal. I abide by the consequential orders made in the lead judgment including order as to costs.
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NAFDAC Issues Statement on Nigerian Bottling Company's Eva Water


text:
Innovation / Why Having a Digital Strategy Is Vital to Business
Why Having a Digital Strategy Is Vital to Business
By Samuel Greengard Print
3 Challenges You'll Face When Migrating Apps to the Cloud
Advantages of SASE over Traditional VPNs
Digital technology now touches every corner of the enterprise, but regardless of the tools used, the end goal is to enable people to perform their jobs better.
It's clear that digital technology touches every corner of the enterprise. Almost every task now flows through a computer, smart machine or electronic device en route to a data repository.
Yet, in an era of increasingly connected systems and devices—and rapidly changing business and IT ecosystems—there's another emerging truth: "The process does not start with technology. It starts with people and creating some type of value," observes Michael Sutcliff, CEO of business consulting firm Accenture Digital.
To be sure, wading through all the business and IT possibilities is a daunting task—even for well-funded organization with strong leadership. Yet, as Sutcliff points out, all roads ultimately lead to the same place: "the experiences you create for your customers, partners and employees. You may be able to learn from other industries and companies that have proved themselves digital disruptors. But you have to be able to adapt them and apply some of the lessons learned in a way that is relevant for your industry and your business."
Of course, moving to a digital business model is fraught with challenges. Debbie Krupitzer, Digital Manufacturing and Industrial Internet lead at Capgemini, points out that "Interdependency is essential in the new digital era. Companies must rethink the value chain and consider how it is connecting and providing value."
The key questions she suggests asking include: "How quickly can your organization move and adapt? Are there certain processes you could automate to save money with operational efficiencies? Does your organization have the appetite to take on digital disruption to change the game?"
Today, organizations from every industry share a common reality: Digital business is all about data and putting it to work more effectively. According to Krupitzer, "Organizations must ask: "What proprietary algorithms is your company using that can be leveraged as intellectual property in your industry? What is the value you are attempting to extract from your data and have you achieved it?"
Accenture Digital's Sutcliff believes that—regardless of the tools, technologies and systems in place—the end goal is a focus on the human experience and enabling people to perform their jobs better. "You don't embark on digital projects for the sake of technology," he points out. "You do them because they can create a better outcome for a human."
Digital Strategy Involves Initiatives From Mobile to Analytics
That's a message that resonates with the management at Southwest Airlines, which operates a fleet of more than 700 aircraft. The company has embarked on an ambitious digital business strategy that touches almost every corner of the organization and involves initiatives ranging from mobile to next-generation analytics, including how to schedule aircraft optimally.
A major focus has been to put more information in the hands of flight crews, so that they can handle various tasks more efficiently. For example, the company has equipped pilots with an "Electronic Flight Bag"—an Apple iPad—which replaces all paper in the cockpit. Crews can look up information from flight manuals, but also can check weather in real-time via on-board WiFi.
The WiFi capability, which was approved by the Federal Aviation Administration (FAA), allows pilots to "cut time off routes and make routes smoother or shorter based on actual weather at that moment," says Paul Tremback, who heads the initiative for Southwest Airlines. Plugging in internet of things (IoT) data from The Weather Company, a division of IBM, pilots are no longer forced to use weather data that's 15 minutes or longer old.
Samuel Greengard writes about business and technology for Baseline, CIO Insight and other publications. His most recent book is The Internet of Things (MIT Press, 2015).


Becoming Vivid is about pushing for clarity, for brightness, for a clear sharp self- awareness grounded in radical honesty. It is about forcing oneself out of "the comfort zone"- that soft cozy noose wrapped around all of your dreams and secret passions.
It is about stepping into the looming face of fear and failure. Yes- failure. And awkwardness. And exposure. And hopefully… change. And possibly… maybe… into achievement, growth, self-determination, clear self-expression, physical strength, deeper pleasure and authentic personal style.
It is about trying to change my entire life. I want to be vivid. I want to live a "vigorous life." (Please see my "Oh- hello" page for more specific information about me.) In short, I am 41. I have many habits that inhibit me and many tightly held fears that keep me locked in a too small box. I want to break free and break out.
I am still figuring this out– as a result, my posts may vary widely in subject, tone and content. Some may be light. Some opinionated and passionate. Some may attempt to give advice and some may be personal reflections. Today, February 11 2013, I am not sure how the content will evolve- like myself, it is still fuzzy.
I am interested in your stories of change, how you deal with your fears. How you pursue your dreams in the face of obstacles- internal and external. I want to know how you go down your own path even when it breaks convention or others expectations of you, or possibly even your own beliefs about yourself. I want to know how you ground yourself against so many easy distractions and intense societal pressure to maintain the status quo.
Don't just be happy. Be vigorous. Be Honest. Be fresh and intense. Be Vivid.
"Vivid." Merriam-Webster.com. Merriam-Webster, n.d. Web. 9 Feb. 2014. <http://www.merriam-webster.com/dictionary/vivid>.
I think your blog is pretty great and I've nominated you for a Liebster Award! Go to my blog for information on how to accept! Cheers!
hello, hello- I haven't been on this blog or blogs in ages and I just now saw this. I am belatedly very flattered. Though I haven't been writing recently I am no longer a new blog! I do plan to start writing again. I hope you are doing well!


It means filling your profile with things that make you unique and interesting, rather than listing the "demands" you have for a mate. Think of it like going out for a job interview: you want to put your best face forward. Describing yourself is hard, and when you're presenting yourself to potential dates, you'll probably feel particularly vulnerable.Insecurities may start surfacing and it's tempting to get discouraged. Your profile is all about you, which means you get to talk about what you like, what you love, and what you want.The more your profile highlights what's great about you, the better.
None of these areas are absolutely required, but they should help give you something to start writing about.
Remember, the important thing here is to put your best foot forward.
You don't want to lie on your profile, but you also don't need to list every personality fault right off the bat.
This awkward personal resume is the first thing people see, and can mean the difference between a date and an unreturned message.


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Q: How to create new variables using loop and ifelse statement I have a number of variables with the same name but different suffixes. For example, var1, var2, var3, var4, var5, var6, ... and so on. Each of these variables has a random sequence of 0, 1, and 2. Using these variables, I am trying to create a new variable called testvariable. If any of the already existing variables has 1, I will set testvariable to 1. If they have 0 or 2, I will assign 0.
Is there a simple loop and/or ifelse statement I can use to create this variable? My real data is a lot more complex than this, so I don't want to copy and paste each individual variable and values.
Edit: This is for R.

A: I would use mget for this. mget gives the variables as a list. Then you can check for each element of the list using sapply and combine the results using any. At the end I took advantage of your encoding of 0 and 1, but you can also use an if statement.
var1 <- c(0,0,1,2)
var2 <- c(2,2,2,2)
var3 <- c(0,2,0,2)
var4 <- c(0,2,2,2)

any(sapply(mget(paste0("var", 1:4)), function(x) 1 %in% x)) * 1
#> [1] 1

any(sapply(mget(paste0("var", 2:4)), function(x) 1 %in% x)) * 1
#> [1] 0

A: If I understand you correctly, if any of the variables like var1, var2, .., etc has a value 1, then the testvariable must be 1 else 0, then do:
Sample df:
  var1 var2 var3 var4 var5
1    1    1    1    1    1
2    2    2    2    2    2
3    0    1    0    1    0
4    0    0    0    0    1
5    1    1    2    1    2
6    2    2    2    2    2
7    2    2    1    2    2
8    1    1    2    1    1
9    0    0    0    0    0

Code:
df$testvariable <- ifelse(rowSums(df[, grepl("var", names(df))] == 1) > 0, 1, 0)

Output:
  var1 var2 var3 var4 var5 testvariable
1    1    1    1    1    1            1
2    2    2    2    2    2            0
3    0    1    0    1    0            1
4    0    0    0    0    1            1
5    1    1    2    1    2            1
6    2    2    2    2    2            0
7    2    2    1    2    2            1
8    1    1    2    1    1            1
9    0    0    0    0    0            0


Possible mechanisms for a health risk from power lines have been proposed by Professor Henshaw and co-workers at the Human Radiation Effects Group in the Bristol University Physics department.
This page summarises the suggestions put forward by Professor Henshaw's group and the response to them by electricity industry scientists (published in various scientific papers). The NRPB has also published a report on these suggestions; see a summary.
Electric fields produced by high-voltage power lines cause existing charged airborne particles to oscillate; the larger the amplitude of oscillation the greater the probability of hitting a surface such as human skin and sticking to it; once stuck to the skin ("plated out") they can cause harm. The main example proposed is the radioactive decay products of radon ("radon daughter products"), which are suggested to cause skin cancer by their subsequent radioactive decay when attached to the skin, but other examples, such as viruses or bacteria, are suggested as well.
Fields high enough to cause significant increases (e.g. a factor of 3) in skin deposition certainly occur, but only within say 20 m of >132 kV power lines (the actual distance depends on the voltage and wind conditions); do people spend enough time outdoors that close to power lines for a significant effect?
It is by no means established that radon daughter products can cause skin cancer; the evidence is not strong and is disputed. Even if they do, they are likely to be only a small contribution to skin cancer, and therefore any increase in deposition would make only a small difference to skin cancer rates. The NRPB say any health effects from deposited particles appear to be negligible.
There is contrversy over whether the mechanism works only for smaller, more mobile airborne particles, and it is not certain whether it would work for most bacteria or viruses.
High-voltage power lines produce corona ions. The corona ions are blown away downwind from the power line and transfer charge to existing airborne particles ("aerosols"). When those particles are breathed in, the increased charge results in an increased probability of retention in the airway or lung with consequently increased disease rates when the particle concerned is a cause of disease.
Power lines do indeed produce corona ions and not just in bad weather, but really large quantities of ions are produced only in bad weather (when people are not generally present) or by occasional spans with inappropriate conductors or fittings.
Increased charge can indeed result in increased retention of particles in airways, but this is not a general phenomenon and depends on particular combinations of particle size and airway size.
The key parameter is not the total charge transferred from ions to airborne particles but the change in the number of charged particles, a subtle distinction that can potentially make a big difference.
There is no accepted way of doing accurate calculations, but simple calculations suggest that even for spans of line in heavy corona, the quantity of ions produced may not be sufficient to produce more than a small change to the number of charged aerosols, and therefore a small (possibly negligible) change in disease rates.
The suggestion: Polarised particles are attracted to the source of an electric field; therefore airborne particles migrate towards a power line, resulting in an increased airborne concentration and hence increased disease rates.
Comment: the forces seem to be too small and any effect is probably swamped by gravity and air currents. Direct measurements have not shown any such increase in radon daughter products near power lines.
Comment: the body screens electric fields, and the field in the airways or lungs is almost certainly too small to cause increased deposition.
The suggestion: Electric field close to conductors cause airborne particles to be deposited on the conductors or fittings; these are then washed off by rain onto passers by.
Comment: the deposition does happen, but the circumstances for a person to get increased exposure seem unlikely in practice.
The diseases for which these theories would primarily predict increases around power lines are skin cancer, lung cancer, or other skin or respiratory diseases. There is no particular epidemiological support for this, though neither have these suggestions ever been tested particularly carefully. Conversely, the epidemiological evidence on EMF is strongest in relation to childhood leukaemia. Professor Henshaw has suggested that increased lung deposition of radioactivity can significantly increase leukaemia rates but this is not widely accepted.
If increased deposition of air pollution in the lungs is to cause increased childhood cancer, clearly there must be a link between air pollution and childhood cancer to start with.See more on the evidence about pollution.


On Thursday evenings from 6:30 p.m. to 8:00 p.m. from April 18th to June 27th, get ready to immerse yourself in local music and local eats and treats all within a walk's reach of the courthouse lawn. We will alternate between the east and the west side during the season. Admission for every event is FREE, so there is no reason you shouldn't come out every week! Concert takes place rain or shine. In event of inclement weather, the rain location is posted on the afternoon of the concert on this page and on social media pages.
Make it an outing by bringing your friends and family, get a meal-to-go from one of the many downtown eateries, bring a blanket or chairs, and enjoy an evening of great live music as the sun sets over downtown Denton.
And as always, we have to give a quick shoutout and HUGE THANKS to our Platinum Sponsors, without whom these events wouldn't be possible.
And of course, we can't forget about our Presenting Sponsors, who have shown up and shown out for their love of Twilight Tunes and the Downtown Denton community.
Once again, we are so excited to kick off Twilight Tunes in Downtown Denton with the community we know and love. Twilight Tunes isn't just a chance to catch live music for free; it's an opportunity to get to know your neighbor, explore our local business community, and really thrive in this environment we have all worked to cultivate, whether you've known it or not. It's a chance to kick back, relax, and know that you made the right decision to make Denton your home, or at least your favorite place to visit.


President Muhammadu Buhari's popularity in Kano is evident as residents of the state trouped out in large numbers to cheer him during his campaign rally at the state today. Buhari got his highest number of votes from this state in the last general election and there is every likelihood of a repeat judging by the turn out today.
Nigerians however feel otherwise as they have been on social media comparing the huge turn out of crowd recorded at the rally today to how former president Goodluck Jonathan got the same turn out but still lost.
You sure say, you really watched "#PMBInKano " or you just feel like tweet?
#PMBinKano reminds me of how they deceived Jonathan . Chop him money clean mouth. Forget the northern crowd it will be divided between @atiku and the tall Daura man . We will not #FeBuhari …. shikina .


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Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow
K. Ueno, M. Farzaneh, S. Yamaguchi, H. Tsuji
Little is known about morphological instability of a solidification front during the crystal growth of a thin film of flowing supercooled liquid with a free surface: for example, the ring-like ripples on the surface of icicles. The length scale of the ripples is nearly 1 cm. Two theoretical models for the ripple formation mechanism have been proposed. However, these models lead to quite different results because of differences in the boundary conditions at the solid-liquid interface and liquid-air surface. The validity of the assumption used in the two models is numerically investigated and some of the theoretical predictions are compared with experiments.
Fluid Dynamics Research
https://doi.org/10.1088/0169-5983/42/2/025508
出版済み - 2010
物理学および天文学(全般)
流体および伝熱
10.1088/0169-5983/42/2/025508
「Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow」の研究トピックを掘り下げます。これらがまとまってユニークなフィンガープリントを構成します。
Ripples Physics 100%
Model Physics 50%
Theoretical Model Physics 50%
Validity Physics 25%
Thin Films Physics 25%
Stability Physics 25%
Growth Physics 25%
Differences Physics 25%
Ueno, K., Farzaneh, M., Yamaguchi, S., & Tsuji, H. (2010). Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow. Fluid Dynamics Research, 42(2), [025508]. https://doi.org/10.1088/0169-5983/42/2/025508
Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow. / Ueno, K.; Farzaneh, M.; Yamaguchi, S. その他.
In: Fluid Dynamics Research, Vol. 42, No. 2, 025508, 2010.
Ueno, K, Farzaneh, M, Yamaguchi, S & Tsuji, H 2010, 'Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow', Fluid Dynamics Research, vol. 42, no. 2, 025508. https://doi.org/10.1088/0169-5983/42/2/025508
Ueno K, Farzaneh M, Yamaguchi S, Tsuji H. Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow. Fluid Dynamics Research. 2010;42(2):025508. doi: 10.1088/0169-5983/42/2/025508
Ueno, K. ; Farzaneh, M. ; Yamaguchi, S. その他. / Numerical and experimental verification of a theoretical model of ripple formation in ice growth under supercooled water film flow. In: Fluid Dynamics Research. 2010 ; Vol. 42, No. 2.
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abstract = "Little is known about morphological instability of a solidification front during the crystal growth of a thin film of flowing supercooled liquid with a free surface: for example, the ring-like ripples on the surface of icicles. The length scale of the ripples is nearly 1 cm. Two theoretical models for the ripple formation mechanism have been proposed. However, these models lead to quite different results because of differences in the boundary conditions at the solid-liquid interface and liquid-air surface. The validity of the assumption used in the two models is numerically investigated and some of the theoretical predictions are compared with experiments.",
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N2 - Little is known about morphological instability of a solidification front during the crystal growth of a thin film of flowing supercooled liquid with a free surface: for example, the ring-like ripples on the surface of icicles. The length scale of the ripples is nearly 1 cm. Two theoretical models for the ripple formation mechanism have been proposed. However, these models lead to quite different results because of differences in the boundary conditions at the solid-liquid interface and liquid-air surface. The validity of the assumption used in the two models is numerically investigated and some of the theoretical predictions are compared with experiments.
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GIVE US A CALL IF YOU ARE INTERESTED IN A TWIN RIVERS HUNTING CLUB MEMBERSHIP!
Twin Rivers was established in 1991 and immediately began producing trophy bucks. Located in Greene County, Alabama the property consists of over 6500 acres along the Tombigbee/Sipsey Rivers. Not only prime land for big bucks, it also thrives with small animals such as coyotes, fox, raccoon, skunk, and bobcat. We also have a healthy population of wild boar plus plenty of ducks and turkeys. A jaguondai was even spotted on the property! Moon Lake is a great place for fishing and there's a nice spot for camping with the kids.
Membership includes the use of a good-sized 5-bedroom/2 bathroom house. The large fire-ring just outside is in use every weekend of hunting season with great stories of the day's hunt. Call us if you are interested in learning more about Twin Rivers. 205-349-3015.


CGI of the The Regal development by Clear architects.
The Regal is a mixed-use development in Highams Park, London E4.
The development will restore the the Art Deco cinema building (built in 1911), creating a restaurant, 30 residential apartments, and a two-screen 'arthouse' cinema complex.
Waltham Forest Council has approved the planning application to restore the Regal Cinema in Highams Park.
The development, which anticipates that the venue will be operated by The Rio Cinema, will ensure another important cultural and heritage venue is returned to its former glory. The application, approved on Tuesday 20 March 2017, includes two new cinema screens, restoration of the building's façade and entrance in keeping with the history and heritage of the town centre, a café/bar and 30 new homes.
The Regal building opened in 1911 as the Highams Park Electric Theatre, before closing as a cinema in 1971. It then reopened as a bingo hall, which was eventually turned into a bar and nightclub and later repossessed and used as offices for the security firm TSS which are now relocating elsewhere in Highams Park.
Three years ago Waltham Forest had no cinemas. The Council delivered Empire Cinemas as part of The Scene development in Walthamstow's High Street in 2015, making it a cultural destination for residents and visitors. With the Granada announcement and the Regal there will soon be three entertainment venues that will continue to help the night time economy thrive.
Councillor Simon Miller, Cabinet Member for Economic Growth and High Streets commented: "It's great news, but not unsurprising that we are moving forward with our plans to ensure this much-loved film venue is reopened. Fresh from our London Borough of Culture win, this demonstrates our commitment to invest in the culture of the borough.
"We are delighted to be considered to participate in this exciting new community cinema project. We see many parallels with the Rio, and we would look to engage and empower the Higham's Park community to be active partners in a reborn Regal, with an inclusive "cinema for all" policy.
"As a non-profit organisation, we devote all of our resources to our core mission of providing the highest-quality programme and experience with a dedicated and loyal staff.
At the Rio, our focus is on serving the whole community, delivering a high quality programme and experience for our customers and maintaining a well-run, happy team.
Melanie Clear, Founder of Clear Architects said: "We are thrilled that planning consent has been granted for this exciting development. We have worked closely with London Borough of Waltham Forest to ensure this mixed used regeneration project will meet and serve the needs of the local community and become a thriving hub for Highams Park.
"Our design will preserve the integrity of this iconic Art Deco building and restore its cultural heritage for future generations to enjoy. We can't wait to see the Cinema re-opened after so many years, to its former glory,"


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Piers Morgan Uncensored
The Highlights: Week 17
On this week's highlights, guest host Jeremy Kyle is joined by a panelist of industry experts as they examine the best ways to combat rising inflation. Education, food, energy, and transport are all on the agenda.... More
Piers Morgan Uncensored Episodes (25)
On this week's highlights, guest host Jeremy Kyle is joined by a panelist of industry experts as they examine the best ways to combat rising inflation. Education, food, energy, and transport are all on the agenda.
On this week's highlights, with the release of her new podcast, is Meghan Markle telling the truth or just trying to make news? Plus, with crime rising in Britain, guest host Jeremy Kyle and his panel discuss how to combat the recent spike in violence.
Best of 2022: Part 1
On this two-hour special, Piers and his cast of characters looked back on the best and craziest moments of the year. You won't want to miss it.
Return to Mask Madness?
Isabel Oakeshott and Richard Tice fill in for Piers. As COVID cases continue to rise, they discuss if the return of mask mandates is inevitable.
Prince Harry's War Games
Guest hosts Richard Tice and Isabel Oakeshott discuss the shocking revelation from Prince Harry's new memoir in which he killed 25 Taliban fighters during his second tour in Afghanistan, and thought of them as 'chess pieces' and not people.
Prince Harry's Bombshell Memoir
After his brief time off, Piers is back and has plenty to say about Prince Harry's latest bombshell interviews. Plus, he will be joined by guests Sharon Osbourne, TalkTV presenter Trisha Goddard, and Dr. Martin Luther King's niece Alveda King.
Royal Retaliation?
Piers and his all-star panel breakdown the Prince Harry tell all memoir 'Spare' and debate if the royal family should retaliate.
Prince Harry on the Attack
Piers and his panel continue to discuss the release of Prince Harry's memoir and his latest interviews. Will Prince Harry continue his media tour to take down the royal family?
Piers Punches Back
As the fallout from Prince Harry's bombshell memoir continues, Piers gives his take on the tell-all book.
Prince Harry Cut from Coronation
Prince Harry continues to make headlines as he demands an apology from the royal family to Meghan, will all of this cost him his place at the coronation? Plus, Piers and his panel discuss the latest with President Biden's missing documents.
Canceled Over a Column
After Harry and Meghan rejected Jeremy Clarkson's apology, Piers and his panel discuss if redemption is now impossible in the age of cancel culture.
Russia Raises the Stakes
As the war rages on in Ukraine, Piers and his panel discuss the latest moves made by the Russian military. Plus, as teachers strike in the U.K., what does this meaning for the kids in the classroom?
The Highlights: Week 1
Piers Morgan reflects on his launch week, with exclusive interviews the whole world is talking about: Heavyweight Champion Tyson Fury; TV Superstar Sharon Osbourne, and former President Donald Trump.
Piers Morgan reflects on the highlights of the week including his exclusive interview with 'Succession' star, Brian Cox and an interview with tennis legend Boris Becker's former wife, Lilly. Plus, his thoughts on the attack on comedian, Dave Chappelle.
Piers Morgan looks back at the highlights of the week including his fiery interview with the Taliban's spokesperson, plus the king of late night TV Greg Gutfeld and the world's most uncensored man: Johnny Rotten.
Piers Morgan looks back at the best moments of the week including his interviews with Star Trek's William Shatner, Hollywood star Rupert Everett, and boxing legend Wladimir Klitschko.
Piers Morgan reflects on the highlights of the week including exclusive interviews with tennis legend Martina Navratilova, Hollywood star Joan Collins, and the TikTok Samaritan who rewarded strangers with cash for their acts of kindness.
Piers Morgan highlights the Queen's Platinum Jubilee with a stellar line up of guests including former Sex Pistols frontman John Lydon and the Queen's jockey Frankie Dettori.
Piers Morgan highlights the top moments from the week including interviews with the fastest man in the world Usain Bolt, ousted Prime Minister of Pakistan and former cricketer Imran Khan, and singing legend Don McLean.
Piers Morgan breaks down the best moments of the week with heavyweight boxing champion Tyson Fury, football legend Harry Redknapp, and father of Boris Johnson, Stanley Johnson.
Piers Morgan highlights the week's top moments, including the backlash from his interview with R&B singer Macy Gray. Plus, former NYPD Police Commissioner Bill Bratton and star of the 'The Great British Bake Off', Prue Leith.
Piers highlights his week in Ukraine with his exclusive interview with the president and first lady of Ukraine. Plus, whether Putin could use nuclear weapons, and how the world needs to support Ukraine.
On this week's highlights, guest host Jeremy Kyle was joined by English legend Sir Geoff Hurst to discuss England's women's soccer team becoming European Champions. Plus, Jeremy attempted to dissect the verdict of the 'Wagatha Christie' case.
Guest host Jeremy Kyle highlights the week with industry experts who bring analysis and insights to get us all through the cost of living crisis. Food, transport, and housing are all on the agenda.
Piers Morgan Uncensored Clips
Preview: Piers Morgan Uncensored
Piers Morgan gives a glimpse into his new show, Piers Morgan Uncensored, coming to Fox Nation Monday, April 25.


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INTRODUCTION: Today's Parable is one of the favorites but is also one that is hard to understand in Matthew's Gospel. Many people struggle with the action of the Landowner who gave the same wage for workers hired in different hours of the day. Same minimum wage of PH500 for those who worked for eight (8) hours as those who worked for only one hour. Well, there is an old saying, where you stumble, that's where you should dig for treasure. Let us find the real treasure of this Parable!
2) A house is burning in Quezon City. Only two (2) of the four (4) brothers were in the scene of the fire because they were of school age at K-8 and K-10. The other older brother was at work one (1) hour away whom the two (2) younger brothers texted and got home within an hour to help put off the fire. The eldest of them was out of town in Tagbilaran for a business meeting who was also texted about their burning house. He cancelled off the meeting to get the earliest flight and arrives home after four (4) to five (5) hours to join his brothers after the fire has been put out of control! Now imagine all the brothers talking with each other after the fire, just too happy to have their house saved but only partly damaged! Suppose while they were conversing, the two younger brothers start telling the two elderly what is bugging them that they worked hard to put off the fire and start bragging taking the credit of having put off the fire. Who cares about who gets the credit? The fact is the fire has been put off and the house is saved, even if partly damaged! Fr. Chito Suganob of Marawi has been rescued with another hostage by the Military after four months of captivity by the Maute group. Imagine the joy of his family upon receiving the news that he is alive. Suppose as the family is on reunion enjoying the saga of his rescue, one of the soldiers but in and takes credit for his rescue. So what who gets the credit for the rescue? The important thing is that he is safe and alive!
The point of these stories is the mission or the task ahead has a way of focusing our attention to what really matters and is important! Who spent more time? Or who gets the credit? These are only secondary and really trivial! What is important is the fire has been under control and the house is only partly damaged and Fr. Chito is rescued and is alive!
(3) The devil loves playing this game on us of distracting us from what really matters. The devil loves to make us fuss around on TRIVIA! How much time do we spend on what does not matter at all! Rather God the Landowner is giving us the stunning privilege to help out and contribute to the mission of God's Kingdom some for eight (8) hours; others, for only one (1) hour. Who cares? Let us rather revel on the opportunity of working for the Kingdom! How much time? How much money you contributed for the Church? Under what title of honor are you serving in the Church? Who cares? Jesus hanging on the tree of the Cross was without money and without title! How much time did he spend on the Cross?
CONCLUSION: Let us stop distracting ourselves from what really matters. The mission has a way of focusing our attention to what matters. Stop worrying on trivia! Who started this project? What length of service one has in the Church? How much you have contributed to the Church? Rather be happy that you are given the privilege to share in the mission of the Church!


Broadcast by SKY TV and a winner of numerous awards, in this film the director Massimo d'Anolfi superbly describes a day of lessons in the class of Ennio Nicotra. The great work of analysis and attention to detail that precedes the moment in which the students will have to deal with the orchestra. Among the students with a certain surprise, we note the famous Italian pianist Antonio Ballista.


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Report: Bahrain admits it used "excessive force" against pro-democracy protests
The Bahraini government has admitted to the use of unnecessary force during its bloody crackdown on protesters in the country, as well as to the abuse of those arrested, according to a report from Reuters news agency.
The agency said it received a statement from the Bahraini cabinet offering details of the government's investigations into its own actions, adding that it found both "things to praise as well as… to deplore."
The statement said:
"Regrettably, there have been instances of excessive force and mistreatment of detainees. This was in violation of government policy."
It goes on to say officers involved in such instances are being prosecuted.
The statement and judicial action come ahead of an independent inquiry into the crackdown by an international commission, due to be delivered to Bahrain's king on Wednesday. Opposition members have said they expect limited criticism of the government in that report.
excessive force
Bahraini crown prince to 'visit Doha soon' following months of post-blockade tensions: source
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