AFRICAN UNION LAW: THE EMERGENCE OF A SUI GENERIS LEGAL ORDER WRITTEN BY OLUFEMI AMAO ROUTLEDGE (LONDON AND NEW YORK)

Robert Home*

INTRODUCTION

The African Union (AU), since its Constitutive Act in 2000, has grown from an initial 27 member states to now include all 55 countries on the African continent. The initiative came from the late President Gaddafi of Libya – an “unlikely figure”, according to Amao, p. 16 – who called for Africa to create a robust international body at an “extraordinary summit” of the former Organization for African Union (OAU), held in his home town of Sirte in 1999. The last state to join, or rather rejoin – since it had split from the former OAU – was Morocco, in 2017.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.10

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* Robert Home, MA PhD MRTPI Emeritus Professor in Land Management, Anglia Ruskin University (UK). Email Robert.home@anglia.ac.uk.

ELUSIVE SEARCH FOR NATION NIGERIA WRITTEN BY AMBASSADOR AARE AFE BABALOLA AFE BABALOLA UNIVERSITY PRESS (ADO EKITI, 2019), ISBN: 978-978-56719-1-9

Damilola S. Olawuyi, PhD*1


INTRODUCTION

It was a great pleasure and honour for me to read through the 340-page manuscript of the book entitled the Elusive Search for Nation Nigeria, written by a prolific author, people’s lawyer, astute farmer, philanthropist, relentless human rights crusader, cerebral legal scholar, Professor of the Practice of Law, a global citizen, and the Aare Bamofin of the Universe, Ambassador Aare Emmanuel Afe Babalola. The book is about the big issue of the historical and contemporary threats facing the peace, unity and progress of the Federal Republic of Nigeria. There is no gainsaying that Nigeria is currently at a political, economic, social, and developmental crossroads. Poverty is at an alarming rate, several of our road, electricity, water, aviation and other infrastructure are time-worn, our educational systems keep nose diving, religious and ethnic intolerance are surging; criminality, insecurity,terrorism and kidnappings are at alarming levels. The future of the nation has never been so uncertain.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.9

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1* LL.M (Calgary), LL.M (Harvard), PhD (Oxford), Professor of Law and Deputy Vice-Chancellor, Academics, Research, Innovation and Strategic Partnerships, Afe Babalola University, Ado Ekiti. Email: dsolawuyi@abuad.edu.ng

THE NIGERIAN BAR ASSOCIATION IN THE 21ST CENTURY: THE INTEREST OF THE LEGAL PRACTITIONER AND THE COMPETING DUTY TO ACT IN THE PUBLIC INTEREST

Olawale Fapohunda*1

INTRODUCTION

I congratulate members of the Nigerian Bar Association (NBA) Ikere Ekiti Branch on the successful hosting of this First Law Week. I am particularly impressed by the professionalism and dedication with which the leadership of this branch put together this week. I will not be saying anything new if I add that the NBA Ikere Branch has truly come of age. I should also quickly add that I consider it a privilege to be asked to deliver the First Chief Wole Olanipekun Public Lecture. The significance of this is not lost on me. Chief Olanipekun’s contribution to legal practice and the legal profession needs no elaboration. He is an icon, a mentor, and an outstanding legal practitioner whose strides in the profession redefine the meaning of colossus. I am specifically pleased that I have the exclusive copyright to the First Chief Wole Olanipekun Public Lecture

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.8

AWOISM AND THE UNENDING SEARCH FOR TRANSFORMATIONAL LEADERSHIP IN NIGERIA: POLITICAL, ECONOMIC, EDUCATIONAL AND SOCIAL CHALLENGES

Aare Afe Babalola*

INTRODUCTION

I consider it an exceptionally great honour for me to receive the 2018 Chief Obafemi Awólowo prize for leadership. I thank the Governing Council and Board of Trustees of the Foundation for finding me worthy of this monumental honour, and for the privilege to join the two eminent past recipients of this Award, namely, Professor Wole Soyinka in 2012 and Thabo Mbeki in 2014. It is one of the greatest joys of my life that I am associated with an award named after an accomplished leader of men, iconic pan-Africanist, resolute nationalist, astute administrator, consummate family man, preeminent statesman, bridge builder, revered leader of the Yoruba people, Nigeria’s foremost federalist, one of the greatest African leaders of all time, and an epitome of the good life, Chief Jeremiah Oyeniyi Obafemi Awolowo, GCFR

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.7

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* Text of a keynote lecture delivered on 6 March 2019 by the 2018 Recipient of the prestigious Chief Obafemi Awolowo Prize for Leadership, Aare Afe Babalola, OFR, CON, SAN, LL.D (Lond.), FNAILS, FNSE FCI.Arb, President Emeritus and Founder, Afe Babalola University, Ado Ekiti.

A CRITICAL APPRAISAL OF WOMEN’S REPRODUCTIVE RIGHTS IN NIGERIA

Lilian Akhirome-Omonfuegbe*

ABSTRACT

This article examines the existing legal framework in Nigeria on reproductive health rights. It highlights how the dearth of women’s reproductive rights laws in Nigeria continues to stifle the equal and adequate protection of women in family and larger societal contexts. The patriarchal nature of the Nigerian society, coupled with gaps in extant laws on women’s rights, continue to deny women access to services, facilities and platforms which men have unfettered access to. Though studies abound in the area of human rights, the approach is usually purely empirical, medical or portraying a sociological point of view. By determining the highlighted issues, this article aims to postulate a model for the strengthening of the existing legal framework. This article suggests that enacting gender specific reproductive health laws in Nigeria, amending the provisions of the federal and state laws, including creating gender equality policies; and domesticating and implementing the already ratified international laws on gender equality and justice, could further advance the enforcement and protection of women’s reproductive rights in Nigeria.

Keywords: Oil and Gas, Revenue, Law, Institutional Framework.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.5

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* LLB (Ekpoma), BL (Enugu), LLM (Wales), Lecturer, Faculty of Law Benson Idahosa University lakhirome@biu.edu.ng.

FRAMING PETROLEUM REVENUE MANAGEMENT LAW FOR ENERGY SECTOR REFORM IN NIGERIA

Law Amadi* and Peter Chukwuma Obutte**

ABSTRACT

This article considers the introduction and conceptual frameworks for petroleum revenue management law with a view to applying it in Nigeria. It examines the sources of petroleum revenue to enhance assessment and collection. The article examines the structure of the legislation and institutions regulating the petroleum sector by categorizing and highlighting the subset of petroleum revenue management for efficient application. It further argues that prudent management of petroleum revenue is measured through the indicators of transparency and accountability, sustainable development, sovereign wealth fund, low corruption level, socio-economic well-being, good health and sustainable environment. This article is imperative in that it streamlines the legislation and institutions, block revenue leakages and guarantee sustainable development. It will further ensure that revenue generated from petroleum

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* LL.B (RSU), BL (Lagos), LL.M, PhD (Ibadan), Centre for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, Nigeria. Corresponding author. Email address: amadidelaw@yahoo.com Telephone: +234(0)8038489275 ** LL.B (Ibadan), BL, LL.M (Ife), Cert. Antitrust (Fordham), Sp. LL.M, LL.D (Oslo). Acting Head, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria. Deputy Director (Academics), Centre for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, Nigeria.

A COMPARATIVE ANALYSIS OF THE USE OF UNSOLICITED PROPOSAL FOR THE DELIVERY OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS IN AFRICA

George Nwangwu*

ABSTRACT

As countries across Africa continue to look for ways to develop their infrastructure, the use of Unsolicited Proposals (USPs) in the procurement of Public-Private Partnership (PPP) projects have become very popular across the continent. This is despite the widely held view that this procurement model should be used with caution since it stifles competition, is susceptible to abuse and, therefore, likely to lead to the delivery of projects that do not deliver value for money. However, apart from a few studies and despite the very pervasive use of USPs across the continent, there has been very minimal academic inquiry on the use of this procurement approach in Africa. This article, therefore, contributes to this very important area by first distilling a best practice framework as a guide for countries to use in procuring USPs. Secondly, the paper evaluates the experiences of four different African countries in the use of USPs, using the framework as a guide. The lessons learnt are then used to make recommendations for improvement in the procurement of USPs across Africa.

Keywords: Public-Private Partnerships; Unsolicited Proposals; Procurement; Infrastructure; Project Financing; Sustainable Development.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.4

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* Dr George Nwangwu, Research Fellow, African Procurement Law Unit, Department of Mercantile Law, Stellenbosch University, South Africa. gnwangwu@gmail.com

LARGE-SCALE LAND ACQUISITION AND HUMAN RIGHTS AT THE CROSSROADS: QUEST FOR A RIGHTS-BASED APPROACH TO LAND ADMINISTRATION IN ETHIOPIA

Abiyot Mogos Dabala*

ABSTRACT

Large-scale land investment through a form of forceful acquisition, dubbed “land grabbing”, is a perennial concern for local community and indigenous peoples in Africa, particularly in Ethiopia. This article explores the human rights impacts of such large-scale land acquisition in Ethiopia and discusses ways of ameliorating its effects. It demonstrates how large- scale land acquisition in the country undermines substantive rights of the local and indigenous peoples, including land rights, right to food, development, culture, self-determination, labour rights, environmental rights, as well as their procedural right to public participation, prior informed consent, access to information and justice, all of which are recognized under international instruments, and the constitution of the Federal Democratic Republic of Ethiopia (FDRE). The article advocates for a human rights-based approach to large-scale land acquisition regime that respects and integrates the aforementioned substantive and procedural rights of local and indigenous peoples. This also involves government’s obligation to implement effective human right impact assessment, efficient monitoring, evaluation, dispute resolution mechanism, and empowering local community and other stakeholders to safeguard the rights of affected community. By so doing, the country

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* LL.B, LL.M in International Economic and Business Law from Haramaya University, Ethiopia; Lecturer of Law at Mettu University, Ethiopia and can be reached at abiyot00@gmail.com

CLIMATE CHANGE AND THE SUSTAINABLE DEVELOPMENT GOAL ON FOOD SECURITY: BARRIERS AND OPPORTUNITIES FOR PROGRESSIVE REALIZATION IN QATAR AND NIGERIA

Idowu Ajibade*, Michael Egge**, and Arun Pallathadka***

ABSTRACT

The United Nations Sustainable Development Goal 2 (SDG 2) contains a global commitment to “end hunger, achieve food security, and promote sustainable agriculture” by 2030. The realization of this goal under the current global political economy, climate change trends, and national realities is a daunting challenge. In this article, we draw on political ecology theory to examine the complex ecological, economic, geopolitical, climatic, and socially-induced barriers that threaten the achievement of SDG 2 in two oil producing countries with a high dependency on food imports: Qatar and Nigeria. First, we provide an overview of barriers to global food security and sustainable agriculture by discussing how the unevenness of power and resource distribution, reduced genetic diversity, land grabs, restrictive property rights, and the control of stable food production by big agri-businesses, all served to undermine hunger reduction and food security in the last 20 years. Second, drawing on.

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* Lead author: Assistant Professor, Department of Geography, Portland State University, United States of America. Email: jajibade@pdx.edu. ORCID: 0000- 0002-9767-0435

** DepartmentofGeography,PortlandStateUniversity,USA. *** Department of Geography, Portland State University, USA.

REGIONAL GAS INTERCONNECTIVITY AND THE IMPLICATIONS OF TRADE IN LIQUIFIED NATURAL GAS FOR ENERGY SECURITY OF NON-EU WESTERN BALKAN STATES

ALI OGUZ DIRIOZ* and ERAY ERBIL**

ABSTRACT

The article examines the state of energy security in the Balkans, the level of regional gas interconnectivity and the role of trade in liquefied natural gas (LNG) in enhancing energy security in the region. The study shows that infrastructure investments are required in the Balkans. However, the small size of the Balkan market lowers investment incentives. In this context, the policy entrepreneurship of the EU Commission can increase solidarity and investments in the Balkans. Moreover, planned and existing pipeline-LNG projects in the periphery of the Balkans can enhance the energy security of these countries.

Keywords: Liquefied Natural Gas; Energy Security; the Balkans; European Union.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.1

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* PhD Student, Department of International Relations. Middle East Technical University (METU), Universiteler Mahallesi, Dumlupinar Bulvari No: 1 Çankaya, Ankara, Turkey. Email: erayerbil@etu.edu.tr

** Researcher, Foundation for International Economic Research and Studies – Econfo, Dumlupýnar Bulvarý No: 266 C Blok Daire: 34 Tepe Prime ÝþveYaþamMerkezi, Ankara, Turkey. Email: eray_erbil@yahoo.com

SEPARATING THE WHEAT FROM THE CHAFF: DELIMITING PUBLIC POLICY INFLUENCE ON THE ARBITRABILITY OF DISPUTES IN AFRICA

Akinwumi Ogunranti*

ABSTRACT

This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a means to protect national economic interest against foreign manipulation or exploitation. Anchored on Morgan’s theoretical approach, this article criticizes the excessive role of public policy in determining the arbitrability of disputes in Africa. It calls for a change to reflect the global trend through judicial activism and legislative reform. Although protecting national economic interest is an important goal, restricting matters that are arbitrable will not promote foreign investment. Therefore, countries in Africa must fashion arbitration practices that reflect their socio-economic background as well as contemporary arbitral trends around the world.

Keywords: Arbitration; Africa; Party Autonomy; Public Policy

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.6

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* Doctoral Student, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia, Canada. Email: ak950986@dal.ca.

NATIONAL STRATEGIES TO PROMOTE RENEWABLE ENERGY DEVELOPMENT: WHITHER NIGERIA?

Andrea A. Ajibade*

ABSTRACT

Renewable energy (RE) development enhances electrification, mitigates climate change and aids energy efficiency. Kenya, South Africa and Ghana, among other states within sub-Saharan Africa, have established legal regimes to integrate renewable energy into their energy mix. Through defined legal strategies for RE deployment, these states have committed to the promotion, development and utilization of RE. Despite the momentum towards renewable energy development across the region, Nigeria’s efforts fall short of establishing effective legal strategies. As Africa’s most populous nation it must do more to make RE part of its energy mix in order to impact electrification rates, mitigate climate change and aid socio-economic conditions. This article appraises the legal strategies for RE development in Kenya, South Africa and Ghana. Against this appraisal, it critically evaluates Nigeria’s legal strategies to promote and develop RE. It recommends legal reforms that are necessary to better integrate RE into Nigeria’s energy mix. The methodological approach of this article is doctrinal and library-based. It includes primary and secondary sources. Primary sources include laws, statutes, legal documents, conventions and statistics. Secondary sources include journal articles, internet sources and newspaper articles. All sources are subject to content analysis. It is expected that the article will be useful to policy and lawmakers across various tiers of government in Nigeria.

Keywords: Renewable Energy Development, Electrification, Energy Efficiency, National Strategies.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.5

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* Lecturer Department of Jurisprudence and International Law, University of Lagos. This article is the outcome of a research conducted as a Visiting Scholar at the University of Stellenbosch, South Africa. The author wishes to especially thank Professor Sope Williams-Elegbe and Professor Richard Stevens of

LINKING THE SDGS WITH HUMAN RIGHTS: OPPORTUNITIES AND CHALLENGES OF PROMOTING GOAL 17

Wekgari Dulume*

ABSTRACT

The 2030 Agenda for Sustainable Development is grounded in different international human rights instruments. Human rights (HR) principles and standards are strongly reflected in several of the Sustainable Development Goals (SDGs) and targets. Furthermore, SDG 17 emphasizes partnership as a key to achieving all of the SDGs. This article examines the SDGs-HR linkage in general, as well as specific HR principles that can be advanced by the achievement of SDG 17. Opportunities and challenges to promote Goal 17 of the SDGs that directly affect certain HRs are also examined. A review of relevant literature, 2030 summit documents, and outcomes of recent international conferences on the SDGs is undertaken in order to determine the progress made towards forging regional and global partnerships for the SDGs, as envisaged in Goal 17. This article finds that the absence of a political will and commitment, increased isolationist policy, narrow nationalism and poor rule linkage at national and international levels are some of the obstacles to the attainment of Goal 17. Yet, opportunities abound to promote the Goal. The article recommends a genuine commitment to implementing the SDGs by encouraging the South-South and North-South to prevent the SDGs from becoming a mere wishlist. Synergy between the government, individuals, civil society organizations (CSOs) and transnational corporations (TNCs) is equally very important.

Keywords: Human rights, sustainable development goals, partnership for the goals.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.3

* LL.B, LL.M, Member of the Editorial Committee, Oromia Law Journal, Senior Legal Researcher at Oromia Justice Sector Professionals Training and Legal Research Institute, Ethiopia. Email: wekgaridulume@yahoo.com

PETROLEUM REVENUE MANAGEMENT IN GHANA: THE EPOCH OF HIGH EXPECTATION IN PERSPECTIVE

Kow Kwegya Amissah Abraham*

ABSTRACT

The avoidance of resource curse is, in part, dependent on the management and administration of realized revenue from the exploration of its natural resource. This article evaluates the existing fiscal regime and the regulatory frameworks that Ghana established to manage its petroleum revenue from 2010 to 2013. The restrictive period accounts for the era where Ghanaians showed high expectations of increased benefits from oil. In this vein, the article analyses the preparedness reflected in the policy framework to manage accrued revenue and, by extension, the expectation of citizens on improved living conditions. This article established that existing mechanisms, legislation, and checks and balance procedures to manage petroleum revenues are not the final steps at ensuring sustainable development. Two crucial factors play a decisive role in this regard. First is the extent to which accrued revenue is expended in critical areas of the economy for accelerated growth. Second is the commitment to, and establishment of, strong public institutions to enforce the relevant regulations.

Keywords: Fiscal Regime, Transparency, Tax, Petroleum Revenue.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.2

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* BA, MPhil (Ghana), MPP (Germany), Lecturer, University of Cape Coast, Cape Coast, Ghana, and Executive Director, Centre for Policy Research and Training. kow.abraham@ucc.edu.gh.

DOING IT RIGHT: A RULE OF LAW CRITIQUE OF PRIVATIZATION METHODOLOGY IN NIGERIA

Sam Amadi*

ABSTRACT

This article undertakes a rule of law critique of privatization as economic reform policy in Nigeria. The rule of law approach interrogates not just the policy rationales of the programme but also its methodology. The article distinguishes between a formal and substantive justice conception of rule of law and argues that the substantive justice conception of rule of law and its policy imperatives, sourced from the Fundamental Objectives and Directive Principles of State Policy in Chapter 2 of the 1999 Constitution, provides a veritable framework to realize the strategic goals of privatization in Nigeria.

Keywords: Privatization, rule of law, justice, efficiency, economic growth, equality, fundamental human rights, social justice.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.4

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* LLB (Calabar), BL, LLM, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja. Email: samadi29@yahoo.com