Dr Peterside plans to establish a private hospital in Port Harcourt. For this purpose, he contacts the estate agent for Garden City Complex, which has available facilities in Blocks A, B and C. After careful examination of the premises, the doctor settles for the ground floor of Block B.

A lease agreement is drawn up and sent to Dr Peterside for signing and payment of the fees due. The document contains the terms of agreement including the annual rent, caution deposit, a 10 per cent charge for agency fees and another 10 per cent for legal fees. The document does not specify the tenure of the lease.

On presentation of a cheque for payment, a dispute arises between Dr Peterside and the estate agent. The doctor has written a cheque to cover one year’s rent and additional charges, as determined by the lease. However, the estate agent had been expecting the initial payment to cover two years’ rent, as is the custom of lease agreements in Port Harcourt. He explains that the whole transaction was premised on the anticipation of two years’ rent and presents receipts of payments for other tenants, to support his position. The estate agent demands that Dr Peterside pay the rent for two years or forfeit the lease.

In this scenario, what is the legal position of the parties concerning the mistake made in the transaction?

As previously discussed, there are three classes of mistake in law: a) Common mistake; b) mutual mistake; and c) unilateral mistake. The subject of the above scenario is mutual mistake. When one party makes to the other an offer which is accepted in a fundamentally different sense from that intended by the offeror, it is classified as a mutual mistake.

The legal issues to be addressed are:

1. How is a mutual mistake determined in law?
2. The effect of a mutual mistake in a transaction.

The general rule, as applied in the case of Wood v. Scarth, is that where the occurrence of a mutual mistake is established, the contract will be void. This is because there is no correspondence between the offer and acceptance. There is no consensus ad idem (meeting of minds). In determining the existence of a mutual mistake, the court adopts an objective test. The conduct of the parties and all relevant documents and transactions are considered. If they all point to the existence of a contract, as alleged by one of the parties, the court will enforce the contract on those terms, irrespective of the motive or subjective intention of the parties. The court bases its decision on the external appearance of things and ignores all subjective factors.

If, on the other hand, all these external factors do not point to the existence of one contract, but to two or more possible interpretations of what transpired between the parties, then there can be no contract. The agreement will be void for mutual mistake.

In this matter with Dr Peterside and the estate agent, a transaction was made for the lease of property in Port Harcourt. According to the expectation of the estate agent, the lease should run for an initial period of two years. This would translate to the payment of two years’ rent by Dr Peterside for the property. The doctor, on his part, had made no commitment to pay the rent for two years upfront. Indeed, his plan was to pay the annual rent with additional charges and so, a cheque for that amount was made available.

The argument of the estate agent is that the practice of two years’ lease is common in the city of Port Harcourt. Proof of this is provided by the presentation of receipts of payments for other tenants, who apparently had paid in advance for two years. In view of this, it is not doubtful that the estate agent had the expectation of concluding a two-year lease. Nevertheless, the rule regarding mutual mistake requires the application of an objective test. In this situation, there must be an examination of the document of transaction.

The lease of agreement between the parties is specific on the terms of transaction. This lease stipulates the annual rent, caution deposit, a 10 per cent charge for agency fees and another 10 per cent for legal fees, but fails to mention the duration of tenancy and the number of years required to be contracted for.

In the similar case of Wood v. Scarth, the defendant offered in writing to let a public house to the plaintiff for 63 pounds per annum and the plaintiff, after an interview with the defendant’s clerk, accepted the letter. The defendant intended that a premium of 500 pounds be included, but this was neither mentioned in the letter of offer nor by his clerk in the interview. The plaintiff, on his part, believed that his obligations were limited to 63 pounds per year.

When the defendant refused to execute the lease agreement, the plaintiff brought an action for specific performance and the defendant raised the defence of mistake. It was held by the court that there was no mistake at law. No reasonable man, looking at what had transpired between the parties, would have interpreted the agreement to mean anything other than that it was a simple lease agreement for 63 pounds per annum.

In applying this rule, the lease of Dr Peterside does not, in any way, bind him to a contract of two years and subsequently, the payment of two years’ rent. It is therefore concluded that the contract is valid on the payment of the stated fees.

Principles and cases are from Sagay: Nigerian Law of Contract

Ms Adaobi Nnoli Nwaju is the managing director of Dazzle Beauty and Skin Care Specialist Home, a skincare home for treatment of all kinds of skin and scalp related conditions. In this interview with Pharmanews recently, the Anambra State born professional skincare specialist, who graduated from Nnamdi Azikiwe University, Awka, Anambra State as a biochemist,  speaks on the mission of her four-year-old company and how best Nigerians should care for their skin. Excerpts:

 Who is a skincare specialist?

Skincare specialists give facials, full-body treatments, and head and neck massages to improve the health and appearance of the skin. Some may provide other skincare treatments, such as peels, masks or scrubs, to remove dead or dry skin.

In addition to working with clients, skincare specialists also keep records of skincare regimens that their regular clients use. A growing number of specialists actively sell skincare products, such as cleansers, lotions, and creams. Those who operate their own salons have managerial duties that may include hiring, supervising, and firing workers, as well as keeping business and inventory records, ordering supplies, and arranging for advertising.

The job may involve a great deal of standing. Because skincare specialists must evaluate the skin’s condition, good lighting and clean surroundings are important. Protective clothing and good ventilation also may be necessary because skincare specialists often use chemicals on the face and body.

At Dazzle, we refer clients to medical personnel for treatment of serious skin problems. We advise clients about colours and types of makeup and instruct them in makeup application techniques. We sell makeup and other skin care products to our clients, while we collaborate with plastic surgeons and dermatologists to provide patients with preoperative and postoperative skin care.

 You graduated from the university as a biochemist. What informed your decision to go into skincare business?

I studied biochemistry in school as a course of study but along the line, I developed great passion for skincare and I started practising as an undergraduate. So, after my graduation, I quickly enrolled into a Beauty and Cosmetology School in Abuja, after which I also went to learn about cosmetics production.

When was Dazzle established and what were your objectives?

Dazzle Beauty and Skincare Specialist Home was established four years ago after I finished from beauty school. I initially started in Lagos before relocating to Abuja where we are presently; and to the glory of God we are doing tremendously well such that I have no regret dropping biochemistry to be a skincare expert.

At Dazzle Beauty and Skin Care Home, we treat all kinds of skin-related issues like acne, stretchmark, sunburn, skin rashes, ringworm, hyperpigmentation and hypopigmentation, acne scars, dehydrated skin, blackheads, enlarged pores, skin discoloration, scarring, dark patches, wrinkles and fine lines. We are also into hair and scalp related issues like hair breakage, dandruff, oily and dry scalp treatment – and all our treatment are guaranteed.

How well are your products doing in the market and what are you doing to ensure they are not counterfeited?

Dazzle beauty products are doing very well in the market because a lot of people that have used them have testified to their effectiveness. We are working so hard to make sure they are not faked because most of our products are herbals and they regenerate very fast.

 How relevant are skincare experts in the country and what does it cost to patronise them?

Skincare experts are very relevant in this country, especially in developed cities like Abuja, Lagos, Port Harcourt, Ibadan and many others. The reason is that so many people who live in these cities know the importance of skincare and beauty.

I have come to realise that so many people are dying in need of skincare experts for their skin-related issues but are afraid that it is only the rich and the celebrities that can afford skincare experts.  Also, we have so many who ignorantly patronise quacks, who rather than help them end up worsening their conditions.

At Dazzle Beauty Home, we guarantee every of our customers maximum satisfaction as we do proper skin analysis on each customer before commencing treatment.

 From your experience and observation, how well do Nigerians care about their skin? 

As I said earlier, it all boils down to the need for proper orientation as majority of  Nigerians who are properly enlightened care so much about their skin and therefore know what to do when they have issues with their skin. Our outward look is as important as what we take in; but most people care so much about what they eat and the drugs they take, in order to look healthy while they care less about their skin and their outward beauty. On the average, only about 30 per cent of Nigerians visit beauty homes to look after their beauty and care for their skins. The greater majority see it as needless extravagance.

 What keeps you passionate about helping people look beautiful?

What keeps me passionate about my job is the fact that I am able to put smiles on people’s faces in the little way I can. In fact, seeing my clients happy and satisfied after being treated or attended to makes me happier. Those are the things that keep me going in this business and I must say I am fulfilled in what I am doing.

In your opinion, why do people bleach?

People bleach for so many reasons, one of which is lack of confidence and inferiority complex. Bleaching has become a major practice in our society, to the extent that people now use different kinds of cream and soaps to achieve this. Studies reveal that most young boys and girls prefer using skin whitening products so that they can get a good standing in their groups, families and communities. In fact, the commercials shown on television these days also portray the same thing. These commercials have a great impact on the minds of young men and women and they opt for whatever cream or pill they can afford.

However, regardless of being a man or woman, skin bleaching is a good option to get rid of the black spots or any other type of spots on skin; but the options have become very complicated these days as there are plenty of options available in the market, leaving the customers confused.

 What are the side effects of bleaching?

Although skin bleaching or whitening could be a good option for getting rid of dark spots or skin discoloration, the process is not free from side effects. Some of the products are very harmful and can even cause skin cancer. Therefore, it is very important that people find out the side effects of skin bleaching before opting for it. Some other side effects are dark grey spots, acne, swelling of the skin, thinning of the skin, cataracts, settling down of fat on face, chest, upper back and stomach. There is also increase in appetite and weight gain; osteoporosis; neurological and kidney damage, due to high level of mercury used in the creams; psychiatric disorders; and severe birth defects. Some these side effects could be seen almost immediately while some are seen only after prolonged use of skin whitening creams.

What advice do you have for those who bleach and those who are careless about their skin?

Diet is the most important part that people should take care of if they want a flawless skin. Doing away with all refined food products and replacing them with healthy and nutritious ones is the secret.  Also when it comes to knowing how to taking care of one’s skin, it’s a matter of selecting the right product and importantly, being completely aware of the ingredients used in any product being considered.

It is important to consult a skin expert when considering trying a new skin care product to improve skin tone, remove age spots, sun spots, and other blemishes. That is why Dazzle Beauty Home is here.  $Our services are professionally offered  and our products are the best in the market.

The Association of Industrial Pharmacists of Nigeria (NAIP) and the Nigerian Representatives of Overseas Pharmaceutical Manufacturers (NIROPHARM) have congratulated the management of Miraflash Pharmaceuticals, following the successful commission of its new factory in Ogun State.

The colourful event, which was held on 16 December 2015, attracted top government functionaries, patent medicine dealers, clergymen, community leaders, as well as several industrial, community and hospital pharmacists. While congratulating Pharm. Moses Oluwalade, managing director of the company, NIROPHARM’s vice chairman, Femi Soremekun, disclosed that all members of the association were proud of the achievement.

“Oluwalade is one of us. NIROPHARM rejoices with him. In particular, we are happy with his doggedness and determination to go through the rigour of setting up this factory. It is not easy. We wish him all the very best. And for those of us still hoping to set up a similar factory, he has set the pace for us to follow,” he said.

Sharing the same sentiments, Pharm Seye Agboola, chairman of Dortemag Pharmaceuticals, described the commissioning of the manufacturing plant as a great initiative.

“Among other things, it will help to absort people from the labour market. It will also motivate people to start seeing local manufacturing as the future of pharmaceuticals in the country. This is the time we hope the government can wake up to its responsibility by putting stable power, good roads and infrastructure in place. I wish Miraflash the best of luck,” he noted.

Also speaking at the event was Dr Lolu Ojo, former NAIP chairman, who admitted that the timing of the factory unveiling came to him as a surprise, given prevailing economic challenges.

“I congratulate the management and staff of Miraflash. It is a good thing. I must admit that it came to me as surprise because, in truth, this is a trying period when many companies are folding up. But for an indigenous manufacturing company to come up with a factory as big as this is indeed no mere feat. I congratulate the host State (Ogun), PSN, NAIP and Nigerians at large,” he remarked.

Ojo, who is also the managing director of Merit Healthcare Limited, Isolo, Lagos, started that the arrival of Miraflash plant would add to the growing list of local manufacturing companies, as well as benefit the country with quality products and employment creation.

In his welcome address, Prof. Ayo Arije, a consultant physician at the University College Hospital (UCH), Ibadan, educated the audience on the importance of pharmaceutical products where health is concerned.

“When you talk about drugs, we are discussing things that have a lot to do with the human life. It demands quality. It is even more important to engage a company that can deliver such quality,” he stressed.

The physician recalled that there was a time that his institution placed restriction on some drugs because the pharmaceutical companies manufacturing them were inconsistent in terms of quality control, adding that the country had gone beyond the stage of mediocrity and ignorance.

“In the past, we focused too much on witchcraft, where chronic diseases and illnesses were concerned. Thank God that such ignorance has been done away with. Nigeria is a developing country where making drugs revolves around availability and affordability. Let us continue to support local manufacturing companies like Miraflash,” he urged.

In his words of exhortation, Pastor Magnus Maduka, of the Redeemed Christian Church of God, Province 64, admonished the staff to sustain whatever they had done to bring the company to such enviable level.

While expressing his gratitude, Pharm Moses Oluwalade, Miraflash’s managing director, who described the launch as “an event of joy,” expressed optimism about the future of local manufacturing companies in the country.

“We are also particularly grateful to both the Pharmacists Council of Nigeria (PCN) and the National Agency for Food and Drugs Administration and Control (NAFDAC) for their invaluable support” he said.

According to him,  Miraflash, as at 2005, was only involved in the local manufacturing of four oral dry suspension powders which, include: Miramox (Amoxycillin), Miraclox (Ampiclox), Mirapicin (Ampicillin) and Cephaflash (Cephalexin) 125miligrammes.

He noted, however, that through hard work and purpose-driven management, Miraflash Nigeria Limited had made tremendous progress with the introduction of a capsule line at the newly commissioned factory.

Approval for the new range of capsules was given by both the National Agency for Food and Drug Administration and Control (NAFDAC) and the Pharmaceutical Council of Nigeria (PCN). “Today, the company sells over 37 high quality products at affordable prices all over Nigeria” he said

Speaking further, Oluwalade declared that Miraflash was one of two pharmaceutical companies selected in Nigeria by Standford Seed Innovation Programme (West Africa) in March 2015 for transformation of developing economies through the scaling of medium to large companies by intensive training and development of manpower and structural capacity.

The programme has enabled the company as a medium-sized company to establish some set goals to be achieved within five to ten years. He, however, called on the government to tackle the issue of the current prohibitive interest rate of commercial banks as no manufacturer can survive with an interest rate above 10 per cent.

The pharmacist urged pharmaceutical companies not to compromise on the quality of their products, while also urging pharmacists to embrace the use of new technologies, especially in checking the incidence of fake drugs.

“What we did in our own case is to adopt the Mobile Authentication Service (MAS) technology to help consumers verify the genuineness of the products they are buying.

“Anytime you buy our products and text the number on the scratch card, you will immediately receive an alert telling whether the drug is genuine or fake. Every pharma manufacturer producing antibiotics and antimalarial has that responsibility,” he emphasised.

The highlights of the event included the unveiling of Miraflash brands and a media tour of the factory which was led by the managing director and other distinguished pharmacists in the manufacturing industry.

In attendance were Pharm Ade Popoola, director of Reals Pharmaceutical; Pharm Ademola Adeoti, managing director of Synergy Healthcare Limited; Olakunle Olufisayo, Miraflash’s general manager (sales); Olufemi Odunayo, area manager and Yusuf Olukule, assistant national sales manager.

There were mixed reactions in the Board Room of the National Orthopeadic Hospital Igbobi, Lagos (NOHIL) recently, as the Medical Director, Dr Olurotimi Odunubi, briefed journalists on the institution’s journey from way back in December 1945, when it was established as a medical centre, under the British Colonial medical services.

Odunubi who was filled with gratitude to God and all philanthropists who contributed to the immense development of the hospital, however lamented the sharp decrease in subvention from government, which drastically dropped from an average of N7 Million to N2.5 Million.

“This was a major challenge for a government-funded establishment like ours where government pays staff’s salary, gives overhead and has capital vote. With this development, we had to source for internally generated revenue to cope with our monthly cost of running the institution. For instance, we use an average of N4.1million worth of diesel monthly, with other costs inclusive,” he said.

He added that: “Nonetheless, on this occasion of our 70th anniversary, we are not ungrateful to the Federal government, for its unrelenting support to the NOHIL, even in the face of dwindling economy, as we are hopeful of better allocation in the coming years, for the provision of improved, international standard orthopaedic beds and plastic surgical services to the populace”, he stated.

Explaining reasons for the minimal increase in patients’ fees, Odunubi attributed it to the shortfall in subvention to the hospital, saying that the institution was still open to receive all injured patients, with or without payment, adding that their speedy recovery what mattered most to the caregivers, as payment can be made later.

He, however, assured the citizens of better services ahead, stating that the hospital was poised to give excellent services to the public after the platinum anniversary, appreciating all donors to the institution since inception, especially, Sir Mobolaji Bank Anthony, Adebutu Kessington Foundation, Santana Group, among others.

Head of Clinical Services, NOHIL, Dr Mike Ugbeye disclosed the milestones achieved by the institute in the past ten years, including provision of highly specialised care in arthroscopic orthopaedic; recognition as the first orthopaedic hospital in the West African Sub-region; emergence as the first centre to train prosthetics/orthotics manpower at the ND and HND levels in Nigeria; training of 68 per cent of all consultant orthopaedic surgeons in the country, among others.

He also mentioned how the institution had enjoyed partnership with other private organisations, including a foreign firm which sponsored the cost of hip replacement for sickle cell patients in conjunction with Sickle Cell Foundation, at a cost of N1 million per hip replacement for twelve patients.

Ugbeye also called on the government to extend the coverage of the National Health Insurance Scheme (NHIS) to cover all the services rendered in the hospital, in order to reduce the financial burden on patients, adding that the institute has a record of N25 million to N30 million unrecoverable bills per annum.

Until the governments at all levels, agree with the stipulated 2000 Abuja Declaration, to make the least of their budgetary allocations to health 15 %, there might not be an end in sight, to the recurrent poor health indexes of infant mortality, maternal morbidity, high burden of diseases, inadequate health care services in public and private facilities, et cetera.

This was the unanimous submission of bigwigs in the health care industry, who converged at the FECOT Auditorium of the National Orthopaedic Hospital, Igbobi , Lagos, (NOHIL) recently, for the 70^th anniversary public lecture, themed:”Efficient health care delivery in the 21^st century”.

Speaking on the topic: “National health financing and policy”, professor Akin Osibogun, former CMD, LUTH, said one major task before the federal government is the implementation of universal health coverage, by reducing out-of-pocket health services to the barest minimum in the country.

Osibogun, who was ably represented by Dr. Tochi Okwor, condemned the rate of out-of-pocket health services, which was put at 69% as at last year, emphasized that for as long as there are out-of-pocket payments for accessing health care in the country, then there is no equity in health care provision.

The former LUTH CMD, who agonized over the inadequate government provision on health, over the years, noted that government allocation to health is equivalent to 3.2 % of the total allocation for some years, even to the present, and this has brought a lot of inefficiency to the system.

He therefore called for the rectification of these anomalies in the in the sector, adding that harmonization of external aids and partnership for health care financing, could be means of moving the system forward.

Osibogun also identified lack of implementation of the National Health Act as a challenge in the industry, and urged all health practitioners to insist on the application of the Health Act, in their various units, stating that this will go a long way, in ameliorating some of these challenges in the sector.

In his own contribution, Mr Yinka Sanni, CEO, Stanbic IBTC Bank, further commented on the theme of the anniversary lecture, with a focus on private participation in the health sector and funding. He asserted that since the private sector provides 40 % of the health care delivery to the masses, then they should be empowered financially to provide the best services to the people.

Sanni, who was represented by Mrs Olufunke Amobi, highlighted the challenges of the private health sector to include :lack of coordination, inadequate access to finance; regulations and institutions, advocacy; lack of sustainability, and so on.

To overcome these recurrent bottlenecks in the private health sector, he recommended that there should be sustainability of funding, formulating and implementation of apt policies; advancement in public and private partnership and more donations from donor agencies.

The Medical director, Dr. O.O. Odunubi, during his address, expressed his commitment to staff welfare, stating that he has always ensure that things get better for them, because human resources is the most important resources to any organization.

Odunubi, who frown at frequent industrial actions, embarked upon by workers, which had disrupted the institution’s services in time past, said it’s unfortunate that that is the only weapon labour uses, and it disposes patients trust in them.”Industrial action in medical sector does not help our advocacy and services in any way”.

Among other things the institution is working on, he said the provision of an environment for both rich and poor, and the development of a system for preferential billing system, are imperative for them.

The chairman of the occasion, prince Julius Adelusi-Adeluyi , cautioned the health workers on their incessant complaint about government’s disposition towards them, adding that should put up more positive orientation, by using what they have to acquire what they need.

As the National Action Committee on Lassa fever was installed yesterday, the group has been saddled with the responsibility of providing a blue print for the containment of the Lassa fever, in two weeks time.

Meanwhile, the disease has spread to 64 local governments’ areas in 17 states, with 212 suspected cases, while Edo, Rivers, Taraba, Nasarawa states have emerged hottest zones for the disease.

The minister of health, prof. Isaac Adewole, made this disclosure during the National Council on Health (NCH) meeting with Commissioners for Health from all the states of the federation and other stakeholders in the health sector, yesterday.

Adewole, who described the current outbreak of the virus as a national embarrassment, fuelled by ignorance, urged all health practitioners to be honest in disclosing the present status of the disease in their states, stating that the objective of the meeting was to generate strategies on curbing the spread of the virus.

“There is a high level of denial and a conspiracy of silence in some of our states. I think people take delight in saying we have no case and to me that is not the issue.In fact, if you are able to pick suspicious cases, to me that is the issue because that goes to tell us that the surveillance system is at work.

“We also want to alert all health professionals in the country that they should report any case. I have described the outbreak as a national embarrassment.

“We can manage the embarrassment, but when we allowed another outbreak to occur in August last year, it became a national shame to all of us.

“One of the things we will do to prevent us from dragging this nation into shame is to stamp out Lassa fever,” he said.

It’s now authentic that the Lassa virus has found its way into the centre of excellence, as the first case of the disease was confirmed in the state last Friday.

According to the Commissioner for Health, Dr Jide Idris, the patient, a 25 year old male undergraduate of the Ahmadu Bello University, Kaduna, is presently being managed at the Lagos University Teaching Hospital and his condition is stable.

In a swift reaction to curb the spread of the disease, the state government has sealed off the facility, the Ahmmadiyyah Hospital in the Ojokoro area of the state, where the patient was attended to, before heading to LUTH.

Speaking in a telephone interview during Sunrise Daily this morning, the minister of Health, Dr. Isaac Adewole urged health practitioners to desist from seeing the outbreak as a failure on their part, adding that such reasoning could prevent them from disclosing cases of the disease in their states.

His words: “I think at professional level, people must just admit that an outbreak should not be considered as a fault in the system but as something to be reported and actively to be presented”.

The Minister said that the Ministry of Health is in touch with all Commissioners of Health in the country, stressing that they would be meeting on Tuesday under the auspices of the National Council on Health.

“We have also dispatched drugs to the state and we are reactivating all our treatment and diagnostic centres in a bid to ensure that we are able to make diagnosis promptly.

“We are also sending teams all over the states to ensure that we uncover cases that hitherto, were not reported.”

Meanwhile, the Federal Government is set to inaugurate National Lassa Fever Action Committee on Tuesday, in order to forestall further spread of the disease.

The Director, Media and Public Relations in the Federal Ministry of Health, Mrs Boade Akinola, stated this in a statement made available to journalists in Abuja yesterday.

The statement also quoted prof. Adewole, as indicating that the ministry would convene an Emergency National Council on Health meeting to discuss the on-going Lassa fever outbreak in the country. It is hopeful that this committee will do justice to the outbreak.

Do you want to add years to your life? Or life to your years? Feeling your best boosts your zeal for life!

The American Heart Association recommends at least 150-minutes of moderate activity each week. An easy way to remember this is 30 minutes at least 5 days a week, but three 10-minute periods of activity are as beneficial to your overall fitness as one 30-minute session. This is achievable! Physical activity may also help encourage you to spend some time outdoors.

Here are some reasons why physical activity is proven to improve both mental and physical health.

1. Physical activity boosts mental wellness.

Regular physical activity can relieve tension, anxiety, depression and anger. You may notice a “feel good sensation” immediately following your physical activity, and most people also note an improvement in general well-being over time as physical activity becomes a part of their routine.

2. Physical activity improves physical wellness.

(Reduced Risk Factors)

Too much sitting and other sedentary activities can increase your risk of cardiovascular disease. One study showed that adults who watch more than 4 hours of television a day had a 46% increased risk of death from any cause and an 80% increased risk of death from cardiovascular disease.

Becoming more active can help lower your blood pressure and also boost your levels of good cholesterol.

3. Physical activity prolongs your optimal health.

Without regular physical activity, the body slowly loses its strength, stamina and ability to function well. People who are physically active and at a healthy weight live about 7 years longer than those who are not active and are obese.

4. Improves blood circulation, which reduces the risk of heart disease
5. Keeps weight under control
6. Helps in the battle to quit smoking
7. Improves blood cholesterol levels
8. Prevents and manages high blood pressure
9. Prevents bone loss
10. Boosts energy level
11. Helps manage stress
12. Releases tension
13. Promotes enthusiasm and optimism
14. Counters anxiety and depression
15. Helps you fall asleep faster and sleep more soundly
16. Improves self-image
17. Increases muscle strength, increasing the ability to do other physical activities
18. Provides a way to share an activity with family and friends
19. Reduces risk of developing CHD/CVD by 30-40 percent
20. Reduced risk of stroke by 20 percent in moderately active people and by 27 percent in those who are highly active
21. Establishes good heart-healthy habits in children and counters the conditions (obesity, high blood pressure, poor cholesterol levels, poor lifestyle habits, etc.) that lead to heart attack and stroke later in life
22. Helps delay or prevent chronic illnesses and diseases associated with aging and maintains quality of life and independence longer for seniors

As the deadly disease of  Lassa fever continues to spread from one state to the other in the country, bringing down the souls of victims in their tens, the death toll from the epidemic rose from 40 to 41 yesterday, with increase in  reported cases from 86 to 93.

The Minister of Health, Professor Isaac Adewole, who confirmed this in Abuja on Tuesday at a joint ministerial news conference on the update of the outbreak of the disease, however assured the citizens of the Federal Government’s efforts in curtailing further spread of the virus.

According to the Minister,  Nigeria has been experiencing Lassa fever outbreak in the past six weeks in Bauchi, Nasarawa, Niger, Taraba, Kano, Rivers, Edo, Plateau, Gombe and Oyo states.

“The first case of the current outbreak was reported from Bauchi in November last year. This was followed by cases reported by Kano State and subsequently the other states mentioned above”.

“Our laboratories have confirmed 22 cases so far, indicative of a new round trip of Lassa fever outbreak.The Nigerian government will continue to enhance its surveillance and social health education, information   and   communication   activities to prevent the disease from spreading further in Nigeria and I wish to call for the support and understanding of Nigerians”, the minister said.

Adewole added that in response to the reported outbreak, the Federal Government had taken some drastic measures to curtail further spread and reduce mortality.

The measures, he said, included immediate release of adequate quantities of ribavirin, the specific antiviral drug for Lassa Fever to all the affected states for prompt and adequate treatment of cases; and deployment of rapid response teams from the Federal Health Ministry to all the affected states to assist in investigating and verifying the cases and tracing of contacts.

He however said that the non-specific nature of symptoms and varied presentations, have made clinical diagnosis difficult and delayed, especially in the early course of the disease outbreak.

In case of any suspected Lassa fever patient around you, you should immediately contact the epidemiologist in the State Ministry of Health or call the Federal Ministry of Health using the following numbers: 08093810105,08163215251, 08031571667 and 08135050005.

As the dread of the Lassa Virus continued to spread in Taraba State, and other parts of the country, the state government has risen to the challenge by deploying health workers across the state to sensitise citizens on symptoms and preventive measures of the Lassa fever.

Assuring citizens of government intervention on Wednesday, as televised on Channels TV News@ Noon, the Taraba State Commissioner of Health, Dr. Innocent Vakkai, said the government has purchased drugs for treatment of patients and protective equipment for medical personnel on.

Dr. Vakkai, who was on a visit to the Federal Medical Centre in Jalingo, Taraba State capital, where he was taken round the wards by the Medical Directors to see the facility on ground and how the hospital is handling the patients, pending the outcome of blood samples taken for clarification, asked members of the public not to panic, as the state government had responded swiftly to tackling the disease with the provision of drugs and equipment for medical personnel.

A Medical Director at the Federal Medical Centre, Wiza Inusa, told reporters that it has not been ascertained if the affected patients are suffering from Lassa fever since blood samples have been taken to a specialist hospital for further confirmation.

The medical personnel however cautioned citizens on the need to step up their hygienic principles as well as keeping food stuffs from rodents, while they await the result of the blood samples taken for verification, at Irrua Specialists’ Hospital in Edo State for further confirmation.

It was earlier reported that one person has died of the fever in the state while two others infected persons have been quarantined

Worried by the spate of drug abuse in the country, the Lagos State PSN chairman, Pharm. Gbenga Olubowale has called on all pharmacists in the state and across the country, to bring their professionalism into the fore, in order to rid the nation of the phenomenon.

The Lagos PSN Chairman, who made the call during the end of the year party of the association, said the abuse of Codeine, Tramadol, and even Postinol, among young stars has a lot of ripple effects.

Details later

…As the institution clocks 70

There was mixed reactions at the Board Room of the National Orthopaedic Hospital Igbobi, Lagos (NOHIL) on Monday, as the Medical Director, Dr.Olurotimi Odunubi, briefed journalists on the institutions’ journey way back December 1945, when it was established as a medical centre, under the British Colonial medical services.

Odunubi who was filled with gratitude to God and all philanthropists, for their contributions to the immense development of the hospital, however lamented the sharp decrease in subvention from government, which drastically dropped from an average of N7 Million to N2.5 Million.

“This was a major challenge for a government funded establishment like ours where government pays staff’s salary, gives overhead and has capital vote. With this development, we had to source for internally generated revenue to cope with our monthly cost of running the institution. For instance, we use an average of N4.1million worth of diesel monthly, with other costs inclusive.

“Nonetheless, on this occasion of our 70^th anniversary, we are not ungrateful to the Federal government, for its unrelenting support to the NOHIL, even in the face of dwindling economy, as we are hopeful of better allocation in the coming years, for the provision of improved, international standard orthopaedic, burns and plastic surgical services to the populace”, he stated.

Explaining reasons for the minimal increase in patients’ fees, Odunubi attributed it to the shortfall in subvention to the hospital, saying that the institution is still open to receive all injured patients, with or without payment, adding that their speedy recovery is of utmost interest to the caregivers, as payment can be made later.

He however assured the citizens of better services ahead, stating that the hospital is poised to give excellence service to the public after the platinum anniversary, appreciating all donors to the institution since inception, especially, Sir Mobolaji Bank Anthony, Adebutu Kessington Foundation, Santana Group, among others.

As a way of bridging the gap in accessing quality health care in the country, the CEO of Merck Pharmaceutical, Dr Stefan Oschmann has urged all drugs manufacturers to embark on measures that will make medicines available and affordable to the poor man on the street.

Oschamnn who was speaking during the unveiling of their Lagos office, there is the need to reduce the prices of medicines in the country, in order to solve the problem of inaccessible health care in the country.

“We are thinking of cutting down the prices of our medicines in Nigeria. Such things are currently going on in Ghana where we make products available at a much lower price for the public system and charge regular price in the private system for the people who can afford it. So there are plenty of things we want to do in Nigeria. And again, we are very optimistic that we are going to make huge progress in the future”, he said.

He further noted that: “Access to quality medicines is very important. Our industry needs to make sure that we adopt our business model, so that we can make medicines available at prices that the common man on the street can be able to buy it.

“We need to be involved with public-private partnership; we also need to do private partnerships.  We need to join forces with Nigerian players to make medicines more affordable. We need to work on supply chain, security and reliability.

“We need to make sure that medicines are safely distributed to the people that need them and in some areas, such as the neglected tropical diseases, we need to work on our social responsibilities programmes and donate medicines because the very poor cannot afford the very cheap medicines”.

Mainland Maternity Hospital in Lagos places an order for four cartons of Babylee Infant Formula from City Express Stores on 1 June.  The goods are promptly supplied the following day and are paid for by cash upon delivery.

The following week, it is brought to the notice of the Chief Matron of the hospital that the products supplied were affected by a recent government provision.  The National Agency for Food and Drug Administration and Control (NAFDAC) had withdrawn the licences for the importation and distribution of certain products.  Unknown to both parties (Mainland Maternity Hospital and City Express Stores), the list of affected products was published in the month of May and it contained Babylee Infant Formula, among others.

The Chief Matron immediately contacts City Express Stores and demands that they take back their goods and refund all payments made.  The manager of City Express refuses to comply on the following grounds: 1) The hospital specifically requested for Babylee Infant Formula; 2) Since neither party was aware of the development, the transaction was genuine; 3) The NAFDAC provision is very recent and so it can ber overlooked; and 4) The products supplied are still consumable, as the expiration date is not due for another year.

In view of this, what is the legal position of the parties concerning the mistake made in the transaction?

In law, a mistake has a more limited scope than a mistake in ordinary usage.  What may be regarded as mistake by the layman, will in most cases not be so regarded at law.  If it is established that one or both parties entered into a contract under some misunderstanding or misapprehension, the circumstances will be considered to determine the remedies available.

The legal issues to be discussed are:

1. What constitutes a ‘mistake’ in law?
2. The classification of mistakes.
3. The effect of a mistake in a transaction.

The scope of what constitutes a mistake at law is demonstrated by Lord Atkin in the case of Bell v. Lever Bros. Ltd:

“A buys B’s horse; he thinks the horse is sound and he pays the price of a sound horse; he would certainly not have bought the horse if he had known as a fact that the horse is unsound.  If B has made no representations as to soundness and has not contracted that the horse is sound, A is bound and cannot recover back the price.”

To the layman, this illustration would be regarded as a ‘mistake’ on the part of A; but in law, there is no mistake in such situations.  A has got what he contracted for.  It is not the business of the law to help A to define what qualities he had expected but failed to spell out expressly.  However, if unknown to both parties, the subject matter had already been destroyed at the time the negotiation to purchase was being concluded, it would amount to a mistake at law.  According to Lord Atkins:

“An agreement of A and B to purchase a specific article is void if in fact the article had perished before the date of the sale.  In this case, though the parties in fact were agreed about the subject matter, yet consent to transfer or take delivery of something not in existence is deemed useless: consent is nullified.”

There are various ways of categorising mistakes at law but a clear method of classification would be based on the parties involved in the misapprehension and the subject of error.  Thus, we have: a) common mistake; b) mutual mistake; c) unilateral mistake.

A common mistake is one where both parties concluded the contract under the same misapprehension about the same fact which lies at the basis of the agreement.  A mutual mistake is where two parties are mistaken about each other’s terms in the sense that one party makes to the other an offer which the other party “accepts” in a fundamentally different sense from that intended by the offeror.  A unilateral mistake is one where only one party is mistaken or is presumed to be mistaken.

In this case involving Mainland Maternity Hospital, it is apparent that both parties were unaware of the new provision affecting the importation and distribution of the required product.  It is therefore a classic case of a common mistake.

The manager of City Express Stores has expressed several reasons why the contract is valid, despite the NAFDAC provision.  The argument is that a genuine mistake, such as this, may be overlooked in view of the circumstances.  It is noteworthy that the hospital specifically requested for Babylee Infant Formula and they were given what they ordered.

However, in the case of Knight, Frank and Rutley v. Attorney General of Kano State, the state government engaged the services of a firm without cognisance of the fact that the assignment had been affected by the constitution and the Kano State Local Government Edict.  Consequently, after the firm had initiated the services and had been paid an advance fee, the state government discovered the mistake and repudiated the contract.  According to the court, where the subject matter of a contract has, without the knowledge of either party, ceased to exist before the contract was made, the contract is void on the ground of mistake.

From this analysis, even though there was a contract for sale of specific goods, the fact that the contract was preceded by a government provision, which invalidated the sale of such goods, goes to render the contract void ab initio (from the beginning).  In effect, the hospital is entitled to rescind the contract and claim a full refund of payments made.

Principles and cases are from Sagay: Nigerian Law  of Contract

Hudson Taylor, missionary to China and founder of what is today known as the Overseas Missionary Fellowship, once gave this excellent advice: “Let us give up our work, our plans, ourselves, our lives, our loved ones, our influence, our all, right into God’s hand; and then, when we have given all over to Him, there will be nothing left for us to be troubled about.”

Indeed, life is full of causes for worry and anxiety. Nobody can pretend that he or she does not experience them at one time or the other. We only need to handle them with wisdom because they can cause physical, emotional and psychological damage.

In Luke 12:22, Jesus said to his disciples, “Therefore, I say to you, do not worry about your life, what you will eat; or about the body, what you will put on”.

Even the disciples who were close to Jesus had a lot to worry about. They had given up their livelihood and belongings in order to follow Jesus.  They had sacrificed their security and comforts of home and family for an unknown future and unending travels. Jesus knew their worries and did not brush them aside because they were real. Instead, He assured them of God’s provision of their needs.

One of the ways to reduce anxiety is to identify those things which we have no power to control or change. An English idiom talks of crying over spilt milk.   There is no need to keep complaining over a loss. Nor should we dwell on past misfortunes. It is mere waste of energy and time worrying over these things. You have to know what you can change and what you cannot change. Don’t worry about what you cannot change or what has already happened.

In 2004, I had an interesting encounter, which God allowed, despite my fervent prayers.  From 2002, I started gathering materials and contacting co-authors to write my first book titled “Fake Drugs in Nigeria”. I invested a lot of my time and money on this project. The then Director-General of NAFDAC was pleased with the idea and encouraged me. On completion of the book with 11 co-authors in 2004, I mailed the soft copy to the DG with a request to write a commentary. This step became the turning point on the book project.

Out of covetousness and envy, the authorities decided to frustrate the project. I had already fixed the official launching for 4 August 2004 at the Lagos Airport Hotel Ikeja and several people had been informed and invited. With the threat of cancelling the launching, I worried about my investments and reputation, as well as the disappointment of my co-authors, patrons and supporters. I called for prayers in my church and at Full Gospel Business Men’s Fellowship International for God to intervene and prevent cancellation of the book launch by the DG. However, God did not grant our prayers.

Consequently,   in June 2004, I was ordered not to proceed with the planned book launch. From that day, I stopped worrying and asking God to do for me what was not according to His will. Instead, I started thanking God for His own better plans for my life and business. Then He gave me the idea of writing another book. I mobilised all the resources available and in the next six weeks I was able to produce a 30-chapter book titled, “Your Best Pathway for Life” and launched it at the Muson Centre Onikan on 24 August 2004.

Whenever I cast my mind back to the events of 2014, I give glory to God. From that year, I started writing other inspirational books.

We worry needlessly a lot of the time. According to Don Joseph Goewey, author of The End of Stress, Four Steps to Rewire Your Brain, 85% of what we worry about never happens.  A popular song says, “What a Friend we have in Jesus, all our sins and griefs to bear! What a privilege to carry everything to God in prayer! O what peace we often forfeit, O what needless pain we bear, All because we do not carry everything to God in prayer.”