Registrar of the Pharmacists Council of Nigeria (PCN), Pharm. N. A. E. Mohammed, has stated that it has commenced drastic measures against the activities of pharmacists who subvert the tenets of the profession for their own selfish gratification.

The PCN boss, who was the keynote speaker at the opening ceremony of Pharmacy Week, held by the Pharmaceutical Society of Nigeria (PSN) Lagos on 14 August, at the Welcome Event Centre, Lagos, disclosed the successful operations of the PCN in Osun and Ekiti States, adding that the Lagos drug market in Idumota would soon be nonexistent.

“We are not saying people should not do business,” said Mohammed. “We are only saying that if you must do business in Nigeria, you must do it rightly and legally, because the health of Nigerians is more paramount than any selfish gain. They are in there to make money, but we are there to ensure compliance to Good Pharmacy Practice (GPP)”.

Mohammed further described the theme of the programme, “Good pharmacy practice: The key to better health outcomes”, as a burning issue which aligns very strongly with his Four-Point Agenda for pharmacy profession in Nigeria. He explained GPP as defined by the International Pharmaceutical Federation (FIP) as “the practice of pharmacy that responds to the needs of the people who use the pharmacists’ services to provide optimal, evidence-based care. It focuses on what is done for the patients.”

He emphasised the significance of GPP to the pharmaceutical profession, noting that it resulted from the enduring efforts of the FIP to raise the standards of pharmaceutical services to meet contemporary needs at both hospital and community settings, as well as providing a template of good practice guidelines for member states to adopt.

The PCN registrar equally noted that the gap between the proven efficacy of medicines demonstrated in clinical trials and their actual effectiveness in practiceoften hampered the potential benefits of medicines from being realised.

He consequently stated that to bridge the gap, pharmacists must be more proactive. “Pharmacists should wake up and do their responsibilities, because there are lots of areas where the system needs them in drug formulary and patient monitoring; they need not confine themselves to drugs supply and dispensing alone.”

Also speaking at the event, DrAjiboye Wale Timothy, a clinical pharmacist with Chevron Hospital, made a presentation on the sub-theme, “Using evidence-based data as tool for good pharmacy practice.”

He defined evidence-based medicine as “the conscientious, explicit and judicious use of current best evidence in making decisions about the care of the individual patient,”noting however that the practice is fraught with several issues, including environmental limitations; egotistical factors; inexperience and inadequate exposure; as well as unavailability of evidence to guide decision-making.

The Chevron clinician urged all stakeholders to embrace evidence-based medicine and systematic research data at all levels of practice, stressing that it had the capacity to boost optimal patient care outcomes.

Appreciating the presence of all members and guests, Lagos PSN chairman, Pharm. Gbenga Olubowale, who was the chief host of the event, validated the choice of the theme,noting that the basis of all pharmaceutical intervention is “Good Pharmacy Practice”.

He further expounded the gains of adopting the concept of Good Pharmacy Practice which he said would guarantee the delivery of best practices from pharmacists at all times to the public.

Olubowale equally disclosed that the event would serve as an avenue for the inauguration of the Council of Merit Award Winners (COMAW) of the Lagos PSN.

“This is a novel idea that we hope will bring together all merit award winners (MAW) of the PSN Lagos, so they can start working together for the betterment of PSN Lagos in particular and the society at large,” he said.

With the aim of improving the services of his Port Harcourt hospital, Dr Goodluck decides to acquire vehicles for use as ambulance in emergency cases. He contacts TJ Motors, who specialise in importing cars for sale in Nigeria.   He places an order for two Peugeot 504 Station Wagon vehicles and is promised that they will be delivered in two weeks.

After taking delivery of the cars, Dr Goodluck arranges for them to be repainted and converted for use in ambulance services. Unfortunately, both vehicles break down after working for two months. The mechanic whose service is engaged informs him that the cars are not suited for heavy use. However, the problem can be rectified if certain parts of the vehicles are changed.

Dr Goodluck is very reluctant to spend any more money on the vehicles. He contacts TJ Motors and demands that they take back their station wagons. He claims to be entitled to a full refund of the purchase price, seeing that the vehicles are not suitable for his desired purpose. In response, TJ Motors declare that they were not informed of the purpose for which the vehicles were purchased. As a result, their company is not liable for any breach.

What are the legal effects of the terms of this transaction?

As previously stated, contracts are concluded within a society of people with social and commercial practices which are recognised and accepted as part of the contract. This is done regardless of the fact that there may not be the express inclusion of such terms by the parties. To protect the weaker party (usually the buyer), some terms are enforced by the courts in transactions of sale of goods. These are terms implied by statute.

This case above covers the following legal issues:

1. The application of terms implied by statute.
2. Implied terms relating to sale of goods.
3. The remedy for breach of implied terms.

In 1893, the British Parliament passed the Sale of Goods Act as a documentation of the common law of sale. The Act applies to Nigeria directly as an English statute of general application enacted before 1900. It should be noted that the Western Region of Nigeria enacted its own Sale of Goods Law, the same with Lagos State and Bendel State (now Edo & Delta States). However, the terms of the sale of goods laws are similar to the provisions of the English Act. Some of the terms implied by the statute in Nigeria are:

Implied condition as to title. By section 12(1) of the Act, in any contract for the sale of goods, there is an implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and that in the case of an agreement to sell, he will have the right to sell the goods at the time when the property is to pass.

1. Sale by description. By section 13 of the Act, when goods are sold by description, there is an implied condition that they shall correspond with the description and if the sale is by sample as well as by description, they must correspond with the description as well as the sample.
2. Fitness for purpose. By section 14(1) of the Act, where the buyer expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgement, there is an implied condition that the goods shall be reasonably fit for such purpose.

In the case of Dr Goodluck and TJ Motors, a couple of vehicles were purchased for use in ambulance services. After only two months of operation, both vehicles ceased to function. The buyer has made a case for the cancellation of the contract on the basis that the goods purchased are not fit for purpose. The sellers, on the other hand, deny liability, claiming that the purpose of the purchase was not communicated to them.

Indeed, it is arguable that if the purpose for which goods are required is not made known, there is no liability. In the case of Ijoma v. Mid Motors, the plaintiff purchased a truck for carrying passengers but could not use it on account of mechanical defects in the vehicle. Subsequently, he sued for breach of contract. His case was dismissed by the court on the ground that there was no evidence that he made known the purpose for which the truck was required.

With due respect to the court, it is contended that a seller for goods such as vehicles must guarantee the fitness of the goods for the purpose of transportation. In the learned opinion of Professor Sagay, “since they were selling an automobile, they must have been aware that it would be required for mobility. Hence, the court should have held that there was a breach of the condition of fitness of purpose.”

Finally, where a breach is established, it is necessary to determine the remedy available to the injured party. In most cases of breach of contract covered by the Sale of Goods Act, the only remedies which will be available are damages. By section 11(1)(c) of the Act, the right to repudiate a contract is severely limited. The breach of any condition can only be treated as a breach of warranty and not a ground for rejecting the goods and treating the contract as repudiated.

Principles and cases are drawn from Sagay: Nigerian Law of Contract

In the last edition, I introduced Handwriting Analysis (Graphology) and its benefit in pharmacy practice particularly as a personality assessment tool which has a wide acceptance in many western countries especially for recruitment processes. This is possible only when we know the parameters to look out for in the handwriting sample and the insight that can be got from them.

Please note that unless you are certified or have some degree of training in this area, you aren’t permitted by law to administer these parameters for the purpose of recruitment, personality assessment tool or psychoanalytical tool. At best, it remains information for ‘personal consumption’.

The objective of this write up is to give you an idea into the world of graphologists. In this edition and next, we shall be discussing on some parameters in handwriting sample and what they reveal about the personality. They include:

• Baseline
• Slant
• Slope
• Size
• Shape
• Space
• Margin
• Pressure

Before we start discussion on these parameters, it’s important to note also that except a good handwriting sample is got from a client, the result of the Handwriting Analysis would not be reliable. The basic things needed in a handwriting sample are as follows:

1. a) The handwriting must be done on an A-4 paper, which must be plain, not ruled.
2. b) A ball point pen must be used or a biro but not a pencil.
3. c) The writer must write a story of an event that occurred few days to the day when the handwriting sample is written. It must not be a poem or a write up copied directly from a publication.
4. d) The writer must write at least a one page report or nearly so.
5. e) The writer must sign twice at the tail end of the report
6. f) If the writer writes in cursive, he must ensure that at least one line of the report is done in print. (print writing is the type where the letters are not connected together. Just like the type used in this article).

1. Baseline

Baseline is an indicator of moral, social control and flexibility. A Steady baseline reveals focus, self-control or high sense of discipline and concentration. The reason this parameter is important is that it’s hard for anyone to deliberately control this aspect of the handwriting because it’s more under the influence of the subconscious than the conscious mind. Therefore insight from the baseline among other things is key in personality assessment.

2. Slant

The slant reveals the degree of emotional expression. You can have right slant, left slant or a handwriting sample with the letters looking rather vertical. Most people with handwriting that slants to the right are rather emotional, sentimental, extroverted, and demonstrative. This also depends on the degree of the slant.

A left-slanted handwriting reveals someone who is emotionally withdrawn (left slant). Also shows lack of involvement, restraint, or someone who is self-conscious. It reveals inner rebellion, emotional repression. Most people with left slants are reserved. They would always look before leaping and usually aren’t risk-takers. If the job description needs risk takers, you may need to ask further questions before considering those with left slants.

3. Slope: There are two types as indicated below. You have the downward slope and the upward slope.

Slope generally shows the mood level of individuals. A handwriting sample sloped downwards often times reveal someone who is gloomy, depressed, despondent, melancholic or pessimistic. A handwriting sloped upwards like the sample below shows a strong level of optimism and excitement.

In criminal investigations, this parameter is key, particularly when a murder suspect is writing a report on a murder incident. The handwriting expert observes clearly any area where the handwriting slopes up or down because it gives a strong insight to the mood of the writer at the time. A hotspot is got when a murder suspect’s handwriting slopes up while talking about the death of a loved one for which he is being investigated. The question would be, why would there be excitement (upward slope) when narrating the murder incident? This leads to further probing until the truth is dug out.

We shall continue in the next edition. Remember, every stroke of the pen, says something about a friend.

(diptoy20m@yahoo.com)

Thunderous ovation reverberated throughout the main auditorium of the University of Benin on 7 July, 2015 as the institution’s deputy vice chancellor (academics), Prof. Abiodun Falodun, announced that the vice chancellor had authorised the erection of another building for the faculty of pharmacy.

 
Addressing the audience, comprising mainly pharmacy students, during the opening ceremony of the 36th annual pharmacy health week organised by the UNIBEN chapter of Pharmaceutical Association of Nigerian Students (PANS), Falodun explained that it didn’t take much convincing for the school vice chancellor to approve a new structure, complete with laboratory and lecture theatre for the faculty.

“It is said that a giant Iroko (tree) begins with a small seed. It is that belief that spurred him to trust that the faculty of pharmacy can also take us (UNIBEN) to a giant height. It is that same belief that made him to appoint me also as deputy vice chancellor,” he said.
The DVC further added, to the delight of the students, that the faculty would soon begin to produce methylated spirit, cotton wool and hydrogen peroxide.
“In fact, as I am talking to you, a committee to oversee the project is in place and headed by Dr Patrick Igbinaduwa, head of pharmaceutical chemistry department,” he announced.
As the students expressed their excitement with deafening applause, the professor quickly added that there were also plans in place to ensure the production of hormonal drugs in the institution.
On the challenges often faced by pharmacy students going for internship, the professor said, “We have also observed that many pharmacy students go through a lot of stress in search for a place to do their internship. We are working on something that should take care of that very soon.”
Earlier in his address on “Self Care In Hypertension and Diabetes – The Role of the Pharmacist”, Prof. Azuka Oparah, a clinical pharmacy professor in UNIBEN had described self-care as the act of taking responsibility for one’s health without professional intervention, but with professional support.
The clinical professor explained that chronic conditions such as hypertension and diabetes required life-long self care, in addition to professional care in order to achieve the desired clinical, humanistic, and economic outcomes.
“If we live long enough, we stand the risk of chronic diseases,” Oparah noted, adding that “chronic diseases such as hypertension and diabetes are the major causes of death and disability worldwide. Many studies have demonstrated that a large proportion of patients are not aware of their high blood pressure.”
According to the don, the 1994 WHO resolution recognises the key role of pharmacists and further emphasises their responsibility to provide informed and objective advice on medicines and their use, to promote the concept of pharmaceutical care, and to actively participate in illness prevention and health promotion.
“After all, the mission of the profession of pharmacy is to improve or maintain public health through ensuring safe, effective, and appropriate use of medications,” he stressed.

The opening ceremony of the event was graced by a large number of eminent personalities, including Pharm (Sir) Ifeanyi Atueyi, managing director of Pharmanews Limited; who delivered the keynote address, Pharm (Mrs) Caroline Olumese, deputy director/head of department, University of Benin Teaching Hospital (UBTH); and Pharm Chris Iyare, chairman, Edo State branch of the Pharmaceutical Society of Nigeria (PSN).
Others were Pharm. Chukwuemeka Obi, chief operating officer of PharmacyPlus Nigeria Limited; Pharm. (Dr) Mrs Tawa Idubor, PSN national financial secretary; Pharm. Tunde Akanmu, managing director, Monic-Tee Pharm; Pharm. Aloysius Anieke, pharmacist-in-charge of Philip Andy Je Pharmacy; Dr Collins Aireminen, department of pharmaceutics & pharmaceutical technonolgy (UNIBEN); and Prof. Ehijie Enato, lecturer, UNIBEN’s faculty of pharmacy.
Towards the end of the programme, seven distinguished pharmacists were honoured by the PANS executives with two categories of awards – the Pharmacy Legend Award, and the Pa E. A. Osadolor Merit Award – in recognition of their innovative contributions to pharmaceutical excellence.
Recipients of the awards were: Pharm (Sir) Ifeanyi Atueyi and Pharm. Aloysius Anieke (Pharmacy Legend Award); Pharm. Chukwuemeka Obi, Pharm Chris Iyare, Dr Collins Aireminen, Prof. Ehijie Enato and Dr Patrick Igbinaduwa (Pa E. A. Osadolor Merit Award).

Things are useful and thoughts are powerful in the measure that their parts are strongly and intelligently concentrated. Purpose is a highly concentrated thought. All the mental energies are directed to the attainment of an object, and obstacles which intervene between the thinker and the object are, one after another, broken down and overcome.
Purpose is the keystone in the temple of achievement. It binds and holds together in a complete whole that which would otherwise lie scattered and useless. Empty whims, ephemeral fancies, vague desires, and half-hearted resolutions have no place in purpose. In the sustained determination to accomplish, there is an invincible power which swallows up all inferior considerations, and marches direct to victory.
All successful men are men of purpose. They hold fast to an idea, a project, a plan, and will not let it go; they cherish it, brood upon it, tend and develop it; and when assailed by difficulties, they refuse to be beguiled into surrender; indeed, the intensity of the purpose increases with the growing magnitude of the obstacles encountered.
The men who have moulded the destinies of humanity have been men mighty of purpose. Like the Roman laying his road, they have followed along a well-defined path, and have refused to swerve aside even when torture and death confronted them. The Great Leaders of the race are the mental road-makers, and mankind follows in the intellectual and spiritual paths which they have carved out and beaten.
Great is the power of purpose. To know how great, let a man study it in the lives of those whose influence has shaped the ends of nations and directed the destinies of the world. In an Alexander, a Caesar, or a Napoleon, we see the power of purpose when it is directed in worldly and personal channels; In Christ, we perceived its vaster power when its course is along heavenly and impersonal paths.
Purpose goes with intelligence. There are lesser and greater purposes according to degrees of intelligence. A great mind will always be great of purpose. A weak intelligence will be without purpose.
What can resist an unshakable purpose? What can stand against it or turn it aside? Inert matter yields to a living force, and circumstance succumbs to the power of purpose. Truly, the man of unlawful purpose will, in achieving his ends, destroy himself, but the man of good and lawful purpose cannot fail. It only needs that he daily renews the fire and energy of his fixed resolve, to consummate his object.
The weak man, who grieves because he is misunderstood, will not greatly achieve; the vain man, who steps aside from his resolve in order to please others and gain their approbation, will not highly achieve; the double-minded man, who thinks to compromise his purpose, will fail.
The man of fixed purpose who, whether misunderstandings and foul accusations, or flatteries and fair promises, rain upon him, does not yield a fraction of his resolve, is the man of excellence and achievement; of success, greatness, power.
Hindrances stimulate the man of purpose; difficulties nerve him to renewed exertion; mistakes, losses, pains, do not subdue him; and failures are steps in the ladder of success, for he is ever conscious of the certainty of final achievement.
All things at last yield to the silent, irresistible, all-conquering energy of purpose!

Culled from MIND IS THE MASTER by JAMES ALLEN

By   Oluwole Williams, BS.Pharm, Pharm.D

It takes a mixture of clinical detachment and cautious personal attention to respond to patients’ needs in ambulatory care pharmacy. When should a pharmacist apply the brakes in close personal attention to a patient’s need? And, when could an expression of clinical detachment be misinterpreted as a cold shoulder? Here are the peculiar circumstances of patient care in pharmacy practice that normally places a demand on the pharmacist’s personal communication skills and tact.

Patients presenting to the pharmacy have a baggage of personal needs and challenges outside of their pharmaceutical and medical needs that may pose an additional responsibility to their pharmacists. An unemployed patient, a patient in grief on the loss of a loved one, one recently involved in an automobile accident, a young jilted teenager, a woman who only yesterday lost a pregnancy, and an hurting unappreciated police officer are a few examples of the many members of the public who may show up in the pharmacy at an hospital or in the community.

In response to the prescription and pharmaceutical care needs of these patients, the pharmacist must maintain:

1. An understanding attitude and a compassionate albeit unemotional involvement in the plight of the patients.
2. A careful, patient, considerate response in all long-suffering to the potentially irritable behaviour or conduct of the affected patients.
3. A professional response particularly for the purposes of sharing critical drug information and passing on valuable education to the patients.
4. A cheerful mien, listening ear and polite interjections to the patient’s complaints or narration of symptoms.
5. An open yet confidential approach in the exchange of information with the patient for the purposes of privacy and for clarity.
6. Some level of questioning curiosity without appearing to be unduly inquisitive of the patient’s private affairs or activities.
7. A clear clinical distance in a face-to-face conversation with patients to reduce possibilities of droplet infections or direct hand contact with patient’s nose drips or coughed up body fluids.

Community pharmacy practice especially places on the pharmacist huge responsibilities for personal touch in patient care responses, due to the very intense competitions in the market place of prescription sales at this time. The drive for sales goals and profitability may unfortunately make a cold zombie of the pharmacist’ behaviour in any practice setting if care is not taken. It is advisable therefore that pharmacists should read and digest literature on real life clinical plus behavioural approaches to patient care; more so in an era of increasing population of patients living with psychiatric disorders.

Pharmacists in themselves must be vigilant and self-examining; taking note of when the pressures of their professional careers may be taking a toll on their personal mental health, and should not be ashamed to seek therapy if necessary. There are many instances in which pharmacists have personally made financial sacrifices for the needs of their patients and the patients have responded in warm appreciation to the genuine gestures shown by their practitioner in an embarrassing mode of behaviour. It is a good example that must not be extended for too long in repetition, so that the patient does not become an emotional drain on the practitioner.

Opportunities for voluntary exchange of resource information relevant to prescriptions coverage particularly by certain medical philanthropies must be actively sought as a means of assuaging patient’s needs, particularly for those living with chronic conditions such as HIV, diabetes, hypertension and asthma/COPD. It is one of the ways in which a pharmacist can maintain a personal care approach with patients even while retaining a professional clinical detachment.

Pharmacists may refer patients to educational resources online, or direct patients to international agencies responsible for the monitoring or care of certain chronic disorders, so the patient may benefit from expert opinions of which community pharmacy practice time may be insufficient to meet. This allows the pharmacist an opportunity of care for the patient’s need without that peculiar lingering “guilt” of inadequate professional attention, the patient feels fulfilled and the impression of a direct personal touch or care is not lost on the patient.

Pharmacists provide a peculiar service to the public and the health community in their role(s) as custodians of prescription medicines. Patients and other health care practitioners: nurses, medics, dieticians, dentists, physiotherapists as well as the lay staff ALL rely on pharmacists to furnish them with drug information on any prescription drug wherever and whenever they require such. In responding to the needs of these people, the pharmacist is required to demonstrate compassion and professional etiquette, notwithstanding his/her own personal needs or lingering personal challenges; It is a professional duty that must be borne ethically and with great sacrifice for the ultimate public good.

Oluwole Williams wrote from Glenside, Pennsylvania, USA

My earliest mentor, W. Clement Stone, was once described as an inverse paranoid. Instead of believing the world was plotting to do him harm, he chose to believe the world was plotting to do him good. Instead of seeing every difficult or challenging event as a negative, he saw it from what it could be – something that was meant to enrich him, empower him, or advance his causes.

What an incredible positive belief! Imagine how much easier it would be to succeed in life if you were constantly expecting the world to support you and bring you opportunity. Successful people do just that. In fact, there is growing research that the vibrations of positive expectation that successful people give off actually attract to them the very experiences they believe they are going to get. Suddenly, obstacles and negatives are seen not as just another example of “Gee, the world hates me,” but as opportunities to grow and change and succeed.

If your car suddenly breaks down on the side of the road, instead of imagining a serial rapist pulling over to take advantage of you, think of the possibility that the guy who stops to help you will be the man you fall in love with and marry. If your company downsizes you out of a job, suddenly the chances are good that you’ll find your dream job with more opportunity at much better pay. If you develop cancer, the possibility exists that in the process of reorganising your life to effect a cure, you’ll create a more healthy balance in your life and rediscover what’s important to you.

Think about it. Was there a time in your life when something terrible happened that later became a blessing in disguise? “Every negative event contains within it the seed of an equal or greater benefit,” says Napoleon Hill.

Personal experience

The big blessing for me came in the 1970s when they closed the Job Corps Centre in Clinton, Iowa, where I worked as a curriculum development specialist pioneering radical new learning systems for teaching underachieving students. I had unlimited support from the administration, I was working with an exciting team of bright young people who shared the same vision of making a difference, and I really enjoyed my work.

Then, out of the blue, the government decided to relocate the centre. It meant I would lose my job for at least six months. At first, I was upset at the decision, but while attending a workshop at the W. Clement & Jesse V. Stone Foundation in Chicago, I shared my predicament with the leader, who happened to be the vice president of the foundation. As a result, he offered me a job. “We’d love to have someone like you who have experience with inner-city black and Hispanic kids. Come work for us.”

They gave me more money, an unlimited budget, the ability to attend any workshop, training, or convention that I wanted – and I was not working directly with W. Clement Stone, who had introduced me to these success principles to begin with.

And yet, when they first announced the relocation of the Job Corps Centre and my being laid off, I was angry, scared, and despondent. I thought it was the end of the world. I thought it was a bad thing. Instead, it turned out to be the major turning point of my life. In less than three months, my life had gone from good to great. For two years, I worked with some of the most amazing people I have ever met before I left to enter a doctoral programme in psychological education at the University of Massachusetts.

Now, when anything “bad” happens, I remember that everything that ever happens to me has within it the seed of something better. I look for the upside rather than the downside. I ask myself, “Where’s the greater benefit in this event?”

Self-application

I’m sure that you, too, can think back to several times in your life when you thought what had happened was the end of the world – you flunked a class, lost your job, got divorced, experienced the death of a friend or a business failure, had a catastrophic injury or illness, your house burnt down – and later you realised it was a blessing in disguise. The trick is to realise that whatever you are going through now is going to turn out better in the future as well. So look for the lemonade in the lemons. The more you begin to look for the good, the sooner and more often you will find it. And if you take the attitude that it is coming, the less upset and discouraged you’ll get while you’re waiting for it.

Captain Jerry Coffee was a pilot who was shot down during the Vietnam War. He spent seven years as a prisoner of war in some of the most hellish conditions known to humankind. He was beaten, became malnourished, and was kept in solitary confinement for years. But if you ask him how he feels about that experience, he would tell you that it was the most powerful transformational experience of his life.

As he entered his cell for the first time, he realised he would be spending a lot of time alone. He asked himself, “How can I use this experience to my advantage?” He told me that he decided to see it as an opportunity rather than as a tragedy – an opportunity to get to know both himself and God – the only two beings he’d be spending time with – better.

Culled from HOW TO GET FROM WHERE YOU ARE TO WHERE YOU WANT TO BE by JACK CANFIELD

Following a brief interview, Mrs Bello is offered employment in the Faculty of Pharmaceutical Sciences of Benue University. She is to commence work immediately as a Senior Lecturer. Her employment package includes a car allowance and housing on the university premises, in addition to a monthly salary.
Mrs Bello negotiates to be paid annually instead. The day her full package for one year is paid, she moves into the university with her family and starts teaching in the faculty subsequently.
Six months later, a retrenchment exercise is undertaken by the university. Mrs Bello receives a letter, terminating her appointment with one month’s notice. In protest, she writes the faculty, claiming that they have no right to terminate her employment without just cause. Furthermore, she reminds them that the terms of her appointment involve the payment of an annual salary. On that premise, her employment is guaranteed for one year and not on a monthly basis, like the rest of her colleagues. In view of this, what are the legal effects of the terms of this engagement?
Contracts and transactions related to them are concluded within a society of people with social and commercial practices. These practices are, therefore, recognised and accepted as part of the contract even without the express declaration of the parties to it. The terms which may be read into a contract on the basis of the relevant practices are known as ‘implied terms’. To help a business perform effectively, some terms that are unique to that business are presumed to be part of a contract. These are terms implied by custom or trade.
This case involves the following legal issues:
1. The effect of terms implied by custom or trade.
2. Implied terms relating to employment contracts.
3. The effect of express terms in a contract which exclude implied terms.

Over a century ago, the principle of terms implied by custom was outlined by Park in the case of Hutton v. Warren: “It has long been settled, that, in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. This same rule has been applied to contracts in other transactions of life, in which known usages have been established and prevailed.”
By application, a transaction between two parties may not be interpreted solely on the basis of the documented contract. Certain customs or practices that are incidental to the line of business will be presumed to be part of their contract. In the case of Mrs Bello and Benue University, there is a contract of employment. It is not sufficient to rely on the express terms of that contract for the resolution of a dispute. One must, of necessity, observe the practices associated with employment contracts. This is because the implied terms will be enforced as if they had been written expressly in the contract.
From the judicial decisions in employment cases, some practices can be observed. In Oki v. Taylor, it was established that a person who employs has the power to terminate the employment where there is no express provision for the latter. Also, from Cayme v. Allan Jones, it has become a standard rule that an employee paid on a monthly basis is entitled to one month’s notice on termination.
The contention of Mrs Bello is that the payment of an annual salary should guarantee her employment for the duration of the year. However, the case of Ahuronye v. University College, Ibadan is in contradiction of that notion. In that case, the plaintiff, who had been given a month’s notice of termination of service, brought an action against his employers for wrongful dismissal, arguing that since he was employed at an annual salary, the duration of his employment for a year was certain. The court rejected his argument and held that it must be presumed that the plaintiff was employed on the same terms as other employees within his category. In effect, when someone is engaged for an indefinite time, “it is common knowledge that neither the master nor the servant contemplates an agreement for a year certain”.
In view of the practices related to employment contracts, it safe to conclude that Benue University, being the employer, had the power to terminate the service of employment. Furthermore, the payment of an annual salary does not provide protection for the employee for the period of one year. The employer is still empowered to terminate services with a notice of one month.
However, it is important to note that a custom can only be implied when it has not been expressly or implicitly excluded by the contract. This means that a party to a contract who wishes to secure any form of protection may insist on the inclusion of the required term in the contract. An express term of contract will be effective in negating any implied term of custom or trade.
In the case of London Export Corporation, the eminent Lord Jenkins declared that “an alleged custom can be incorporated into a contract only if there is nothing in the express or necessary implied terms of the contract to prevent such inclusion and, further, a custom will only be imported into a contract where it can be so imported consistently with the tenor of the document as a whole.”

Principles and cases are drawn from Sagay: Nigerian Law of Contract

For the loyal and enterprising customers of Sun Pharma in Nigeria, the proverbial statement ‘ a rising tide lifts all boats’ will be the most appropriate phrase to describe their situations, as the new management of Sun Pharma, which newly acquired the former Ranbaxy Pharma, has promised them improved products and services.

This assurance was brought to bare by the Country Managing Director, H.S. Arora, during the annual customers forum, which was held recently at the Sun Hotel, Ikeja, Lagos. Arora, who expressed his delight in the outstanding performance of the top 25 distributors of the company in Nigeria, urged them to expect better transactions in the new business year.

He further intimated the partners on the new developments in the company as a result of their merger with Sun Pharma, noting that the company’s new year calendar now starts in March as against April, adding that they just opened a new chapter –‘growing together’ in March 25, 2015.

Explaining the benefits of the merger, he said the combination of Sun Pharma and Ranbaxy created the fifth-largest specialty generics company in the world and the largest pharmaceutical company in India, worth of five billion dollar annual financial transactions.

The Sun Pharma country boss urged his distributors nationwide to plan their purchase patterns towards the new policies of the company as their incentives will be measured according to the rules. Interestingly, he noted that distributors do not need 100 percent to win incentives, stating a maximum of 80 percent will qualify them for a reward from the company.

He however pleaded for the continuous support of all distributors towards achieving the targets for the 2015 business year, as the organisation has got 3,000 products, to the benefits of all customers, and for the improvement of health care delivery system in Nigeria.

Concerning conflict resolution, Arora made it clear to the partners that his doors and lines are always open to anyone who has got any complaint relating to the company and their services, adding that the happiness of one is the happiness of all.

For the 2014 business year, a number of their partners performed excellently as they were rewarded accordingly.

Arora however encouraged them to improve on their business transitions with the firm as there abound several opportunities for as many as will push more this year.

The 3rd international exhibition on pharmaceutical manufacturing technologies, Nigeria Pharma Manufacturers Expo 2015, is scheduled for September 7 to 9, 2015 at the New Haven, Oba Akinjobi Street, GRA, Ikeja, Lagos, Nigeria. NPME 2015 is recognized as one of the largest and highly resourceful international pharma manufacturing exhibition of the Central & West Africa region…. Read more

President of the Nigeria Academy of Pharmacy (NAPharm.), Prince Julius -Adelusi-Adeluyi has charged pharmacists to constantly engage in research activities for the enhancement of national health care.
He said this is necessary for them to remain relevant and prominent in the health care delivery system.
Adelusi-Adeluyi made the remarks recently, while addressing the newly inducted fellows of the West African Postgraduate College of Pharmacists (WAPCP), at the 27th Annual General Meeting and Scientific Symposium, held at Welcome Centre Hotels, Airport Road, Lagos.

The NAPharm. president who was also chairman of the occasion, charged all pharmacists to improve the net worth of the profession, by embarking on teamwork, effectively networking themselves, as well as conducting relevant capacity trainings, capable of projecting them as change agents in the society.
He also urged the leadership of the college to follow the footsteps of renowned international institutions like the Harvard University, in order to produce well-grounded students.
In his contribution, president of the college, Wiltshire Johnson noted that the conference offered participants the opportunity to enrich their careers, demonstrate their academic and professional capacities, while also participating in events and discussions aimed at steering the future of pharmacy and health care delivery in West Africa.
He explained that the theme of this year’s AGM, “Diseases of Public Health Importance in West Africa”, required pharmacists to redefine quality of health care services delivery in West Africa.
Johnson, who led the participants to observe a minute’s silence for the victims of the Ebola virus, challenged pharmacists on their level of preparedness in the event of another disease outbreak on the continent.
“Problems of public health importance run far deeper than an epidemic outbreak of an haemorrhagic disease,” he said. “In our region, it includes, HIV/AIDS, TB, multidrug resistant TB, malaria, meningitis, reproductive maternal and child health issues, gastrointestinal and respiratory infections, non-communicable diseases, including diabetes, hypertension, cancer, and chronic respiratory conditions, to mention but a few.”
He also observed that, over the decades, there had been an upsurge in the amount of resources devoted to combating public health disease in Africa, noting however that such resource investments were already reaching a point of diminishing and marginal returns due to paucity of strong public health facilities in the region.
Johnson added that it was evident that the priority of quick fix and rapid disease-specific interventions had not produced the desired results.
He therefore charged all pharmacists to unite in building resilient health systems.
“Our presence at the micro and macro levels of health care delivery serves as an ideal conduit for preventive and curative interventions; and this provides the opportunity for setting alert and action limits in health and strategic direction for any nation’s health care service”, he stressed.
The high point of the event was the induction of 161 graduands, along with 10 elected fellows of the college. The fellows included Professor Olukemi Odukoya, former dean, faculty of pharmacy, University of Lagos; professor Emmanuel Osazuwa, former dean, faculty of pharmacy, University of Benin; and Professor Chinedum Peace Babalola, dean, faculty of pharmacy, University of Ibadan, among others.

In recognition of their outstanding contributions to pharmaceutical practice and health care in Nigeria respectively, the duo of Pharm. (Sir) Ifeanyi Atueyi, managing director of Pharmanews Limited and Olorogun (Dr) Sonny Kuku, co-founder of Eko Hospital, have been honoured with the Lifetime Achievement Award.

The award was presented during the Nigerian Healthcare Excellence Award (NHEA) ceremony, held at the Eko Hotel & Suites, Victoria Island, Lagos on 26 June, 2015.

The colourful event attracted several health care professionals, as well as eminent personalities in both the pharmaceutical and the medical subsectors, including Dr Olaokun Soyinka, Ogun State Commissioner for Health; Dr Leke Pitan, former Lagos State Commissioner for Health; Pharm. Gbenga Olubowale, chairman, Lagos branch of the Pharmaceutical Society of Nigeria (PSN); Dr Femi Olugbile, former chief medical director of the Lagos State University Teaching Hospital (LASUTH); and Dr Anthony Omolola, immediate past national president of Association of General Private Medicine Practitioners of Nigeria (AGPMPN).

Others were Pharm. Bukky George, managing director of HealthPlus Pharmacy; Pharm. Bisi Bright, CEO of the Livewell Initiative; Dr Andy Cunliffe, general manager of Reddington Hospital; Dr Wale Alabi, NHEA’s project director; and Pharm. (Mrs) Clare Omatseye, managing director of JNC International.

In other categories of the award, HealthPlus Pharmacy emerged Best Pharmaceutical Retail Outlet of the Year, for the second time running; May & Baker won the Excellence in Pharmaceutical Research and Development Award; Reddington Hospital won the Private Healthcare Provider Award; Hygeia HMO clinched the Health Maintenance Organisation of the Year Award; while Pathcare Nigeria Limited emerged winner in the Private Laboratory Service Provider of the Year category.

Other winners included JNC – International Engineering Service Provider of the Year (Biomedical category); Mecure Healthcare – Best Eye Care Service Provider; Smile 360 Dental – Best Dental Service Provider; Bridge Clinic – Best IVF Service Provider; St Nicholas Hospital – Best Dialysis Service Provider; LUTH – Best Physiotherapy Service Provider; Fidson Healthcare Plc – Best Pharmaceutical Operation Excellence; and Swiss Biostadt – Best Healthcare Equipment Marketing Company.

On a very special note, the Healthcare Heroes Award was given to First Consultant Hospital, Obalende, in honour of the late Dr Ameyo Stella Adadevoh and others who sacrificed their lives in the campaign against the dreaded Ebola virus.

According to Dr Olugbile, the feat accomplished by Dr Adadevoh and the entire First Consultant team shows that health care in Nigeria is not dead.

“We are honouring you today for your resilience and integrity in the manner you handled the Ebola case. Instead of fleeing for their dear lives after being cleared, survivors of the virus who were hospital workers continued to practise. I think they deserve a round of applause for their heroic act,” Olugbile declared.

Acknowledging the effort put into the organisation of the award ceremony, Dr Wale Alabi, the project director, explained that the award was designed to celebrate and recognise hardworking individuals and organisations who had contributed in a remarkable manner to the improvement of the Nigerian health care sector.

“To remove any iota of doubt about this award, let me reiterate that all votes were done via social media. This is to retain our integrity and non-alignment to any individual or organisation. I use this opportunity to congratulate all the nominees and eventual winners,” he said.

NHEA is an initiative of the Global Health Project and Resources, in partnership with the Anadach Group.

Ondo State Governor, Dr Olusegun Mimiko and some stakeholders in the health care industry, including President of the Pharmaceutical Society of Nigeria (PSN), Pharm. Olumide Akintayo, have called on community pharmacists in the country to be more dedicated in the discharge of their responsibilities to the public.

The governor who was the guest of honour at the opening ceremony of the 34thAnnual National Conference of the Association of Community Pharmacists of Nigeria (ACPN), tagged “Sunshine 2015”, made the call while speaking at the opening ceremony of the conference, held at Jorjein Hotel and Resorts, Akure, Ondo State recently.
The conference, had in attendance community pharmacists in their hundreds from across the nation, as well as other notable personalities, including Pharm. (Sir) Anthony Akhimien, former president, Pharmaceutical Society of Nigeria (PSN) and current president, Africa Pharmaceutical Forum (APF); Pharm. Olumide Akintayo, president, PSN; Pharm. Azuibike Okwor, immediate past president, PSN; Pharm. Deji Osinoiki, former national chairman, ACPN; Dr Dayo Adeyanju, commissioner for health, Ondo State; Dr Kola Adenujimi, chief of staff, Ondo State; Barr. Oluwatoyin Akukotu, head of service; Dr (Mrs) Yemi Mamoud, commissioner for women affairs; Princess Adetutu Adesida, Regent of Akure; Pharm. Ejiro Foyibo, immediate past national chairman, ACPN, among others.
While speaking, the governor, who was accompanied by his wife, Chief (Mrs) Olukemi Mimiko, said he was delighted with the choice of the theme for the conference, “Exploring New Frontiers in Community Pharmacy Practice”, saying the theme was apt as it was coming at a time the country was battling with the challenge of fake and counterfeit medicines.
According to him, community pharmacists are the closest health care professionals to the people as they play very vital roles in promoting efficient health care to the people. This, he said, should spur them to be dedicated and passionate about their chosen profession.
The governor added that: “It should be noted that any government that wants to give qualitative health care to its people must also reckon with pharmacists, as their position in health care delivery system cannot be over emphasised.”
Also speaking at the event, the Regent of Akure, Princess Adetutu Adesida, called on all community pharmacists across the nation to imbibe the fear of God in their practice, adding that the practice of community pharmacy was very important to humanity as it entails saving lives.
The regent further stated that community pharmacists should strive to leave their comfort zone and think of establishing in rural areas which she said were underserved in pharmaceutical care.
While making his own contribution, the Registrar, Pharmacists Council of Nigeria (PCN), Pharm. N.A.E Mohammed, who was represented by Pharm. Hammed Babaseun, noted that the theme of the conference: was timely at this definite period in the country, adding that the various issues confronting the association would soon come to an end.
“We are here to inform the association that there is never a cloud that the sun cannot shine on; therefore, the ACPN and the pharmacy profession shall definitely shine, no matter the challenges,” he assured.
In his speech at the conference, PSN President, Pharm. Akintayo, noted that in furtherance of the theme of the conference, community pharmacists across the country must lead the way in the battle for better health and wellbeing of the people as community pharmacies provide a, convenient and less formal environment for those who cannot easily access other kinds of health service.
Akintayo said community pharmacists must be readily available to give sound, professional advice and to help their clients deal with everyday health concerns and problems facing them, adding that pharmacies should have dedicated consultation areas specifically for private discussion. He added that community pharmacists must evaluate emerging realities of retail chain outlets which must place emphasis on home grown chains.
The highlight of the event was the presentation of the “Distinguished Public Service Award” to the wife of the governor, Mrs Olukemi Mimiko, who is the founder of Maternal Pulse Foundation, a foundation that seeks the total well-being of women and provides support for families with multiple births.

On Sunday, 10 May, 2015, Managing Director of Alrange Limited, Mr Ekom Henry Itauma and his wife, Imo, held a colourful party at his Isolo residence to celebrate his 50thbirthday anniversary.

In attendance, aside from his families and close friends, were doctors, pharmacists, nurses and other health professionals.

The preparation for the event, according to the celebrant, started way back in February when the management of Alrange Limited, a professional books and library consultant, donated books on literature and languages to his former department in the University of Calabar (Department of English and Literary Studies) from where he graduated in 1986.

“We went there and were able to equip their literary library with some language and literature books, a gesture which even the vice chancellor of the school has acknowledged,” he said.

Born on 10 May, 1965, Itauma started his dream business, Alrange, in 1999. Although Alrange was incorporated in 1999, it did not commence operations until 2000.

Aside from providing specialised library support services to universities, polytechnics, research and regulatory agencies, as well as institutes such as the National Universities Commission (NUC), the Pharmacists Council of Nigeria (PCN), the Medical and Dental Council of Nigeria (MDCN), the company also partners with medical schools and professional health associations to source quality, evidence-based reference books for the entire industry.

“This partnership has given us the needed edge in the selection and sale of key books to both students and practitioners,” Itauma said.”We also partner with resident doctors, consultants/lecturers and offer credit facilities for books to aid their research needs and timely qualification.”

Itauma further hinted that Alrange professional books support services are tailored towards meeting the needs of scientific and professional associations in their bid to train, upgrade their practice and accredit new members.

“For instance we provide book support services for the Nigerian Institute of Safety Professionals (NISP), Institute of Public Analysts of Nigeria (IPAN), Institute of Chartered Chemists of Nigeria (ICCON), NAFDAC, West African Postgraduate College of Pharmacists (WAPCP), National Postgraduate Medical College of Nigeria (NPMCN), Association of Medical Laboratory Scientists of Nigeria (AMLSON), Association of Resident Doctors (ARD), Standards Organisation of Nigeria (SON) and the Nursing & Midwifery Council of Nigeria (NMCN),” he stressed.

On how he combines business and family life, Itauma said that having been married for 12 years, he and his wife had succeeded in overcoming their differences and challenges together.

“We don’t know whatever might come in future, but we know that God, who did it for us in the past, will see us through again. So far, the journey has been good. My wife has been supportive and quite humble. The fear of God is the beginning of wisdom. I have no regret whatsoever,” the Alrange boss said.

He added that “we travel a lot for programmes especially exhibitions. But my wife is quite supportive. She knows the kind of job I do and helps to patch up for me in the office. She receives calls on my behalf and does other things for me as well.”

Advising young people hoping to start a library and books consultancy dream like Alrange’s, Itauma admonished that the fear of God is paramount in not just relationships but also in business.

“This is why I will also advise those who are just coming into business to be patient. Go under somebody and get trained, study and improve yourself so that you don’t become frustrated later,” Itauma urged.