THE POWER OF EDUCATION

Aare Afe Babalola

INTRODUCTION

It gives me great pleasure to be in this Victoria Parks & Gardens in Igbajo, Osun State today to double as the Keynote Speaker and Special Guest of Honour at this momentous occasion of celebration of excellence and rare attainment by one of the shinning stars of Igbajo, Prof. Damilola Sunday Olawuyi, SAN, our Deputy Vice Chancellor, Academic, Research, Innovation and Strategic Partnerships, ARISP, who joined the Elite Club of Senior Advocates of Nigeria (SANs), on Monday, December 14, 2020. Before going into my presentation, I especially congratulate the Owa of Igbajoland, Oba Olufemi Adeniyi Fashade, Akeran IV, and all the eminent sons and daughters of Igbajoland for this attainment by our son, Prof. Damilola Sunday, Olawuyi, SAN. I am proud of you all. Special mention must be made of my childhood friend, Chief Olajide Oyewole, a respected member of the Nigerian Bar, a loving, generous, kind person and lover of quality education who I have known for over 60 years now. Chief Oyewole’s brilliance as a Solicitor has never been in doubt. It was therefore not a surprise that the Nigerian Law School recognized his brilliance in Solicitorship and as far back as the 1960’s he was invited by the Nigerian Law School to teach that aspect of Law that relates to Solicitor’s work. My friend, I salute you. Of course, I cannot forget the Asiwaju of Igbajo, our own Chief Solomon Adegboyega Awomolo, SAN and his amiable wife, Chief (Mrs.) Funmilayo Awomolo, SAN, great Alumni of our Chambers, Emmanuel Chambers. I am always thrilled about this family. Thrilled because Mrs. Awomolo’s First Degree was in Chemistry, but I encouraged her to veer into Law. I am happy she listened to me. Today, she is a proud member of the Nigerian Inner Bar as a Senior Advocate of Nigeria. I stand to be corrected, I am not aware of any other family in Nigeria today where both husband and wife are Senior Advocates of Nigeria. I congratulate and celebrate the Awomolos.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.8

Aare Afe Babalola, OFR, CON, SAN, the Founder and Chancellor of Afe Babalola University, Ado Ekiti.

SHOULD COUNTRIES FIRE SELL THEIR OIL & GAS ASSETS? ADDRESSING THE MIS-CONCEPTIONS SURROUNDING THE CONTINUED ROLE OF FOSSIL FUELS IN THE ENERGY TRANSITION ERA

Victoria R Nalule 1

Xiaoyi (Shawn) MU 2

INTRODUCTION

Access to modern energy such as electricity is key in the economic development of any country, and yet over 600 million people remain with no access to electricity in developing countries. It is true that both renewable energy and fossil fuels are key in the achievement of the United Nations Sustainable Development (UN SDG) Goal 7 and Goal 1 on energy access and poverty eradication respectively. However, the current global efforts to transition to a low carbon economy, and tackle climate change as stipulated in the SDG 13 and the 2015 Paris Agreement, have created a lot of tension on fossil fuel developments in recent years. This commentary article is presented as a question and answer session aimed at addressing the misconceptions surrounding the achievement of SDG 7 and SDG 13 in this energy transition era. The paper is of interest to oil producing countries. The article follows the various questions raised by policymakers during an online seminar delivered by both the authors entitled, ‘Fossil Fuels in the Energy Transition Era’.

Keywords: Energy Access; Climate Change; Energy Transitions; clean energy technology: Sustainable Development

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.7

1 Victoria R. Nalule holds a PhD in International Energy Law and Policy from the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee. She is currently working on the DFID-funded Extractives Hub project in the UK as a Research Fellow. She is also the founder and Executive Director of the African Energy and Minerals Management Initiative (AEMI).

2 Dr. Xiaoyi (Shawn) Mu is a Reader in Energy Economics at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), the University of Dundee. He earned his Ph.D. in economics from the University of Oklahoma in 2006 and Bachelor’s degree in economics from Renmin University of China in 1994.

ADVANCING ONLINE DISPUTE RESOLUTION IN NIGERIA: CURRENT OPPORTUNITIES, LEGAL CHALLENGES AND THE WAYS FORWARD

Jimoh, Mujib Akann

INTRODUCTION

“In my view, the simplest answer to this issue is, ‘It’s 2020’. We no longer record evidence using quill and ink. In fact, we apparently do not even teach children to use cursive writing in all schools anymore. We now have the technological ability to communicate remotely effectively. Using it is more efficient and far less costly than personal attendance. We should not be going back. That is not to say that there are not legitimate issues that deserve consideration. Technology is a tool, not an answer.” Arconti et. al. v. Smith et. al.2

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions

Keywords: Online Dispute Resolution, Virtual court, Public trial, Evidence, Technology

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.6

LLB (First Class); BL (Hons); Associate, Banwo & Ighodalo, Lagos, Nigeria. mjimoh@banwo-ighodalo.com; mujibjimoh@yahoo.com.

THE POLITICAL PROHIBITION CLAUSE OF THE WORLD BANK CHARTER AND THE LEGAL IMPLICATIONS FOR THE FIGHT AGAINST CORRUPTION IN AFRICA

Franck Maxime Yankam Lemdjo

INTRODUCTION

Article 4(10) of the World Bank Articles of Agreements (hereafter referred the World Bank Charter) adopted in 1944 prohibits World Bank staff from taking political factors into account in their operations and loans decisions for projects of development. Article 4(10) has been at the heart of a sound debate that is reviewed in this paper in relation to human rights and corruption. The discussion is a step further of the colloquium referred as the “Justice and Development Week” organised in November 2010 by the World Bank Legal Vice Presidency Law held in Washington- USA. The purpose of that international meeting was to examine the political prohibition clause in International Development Finance. One of the issues raised during the seminar was the interpretation of the World Bank Charter particularly its Article 4(10). This article discusses the matter and focuses mainly on major issues of the political clause: First, the historical reasons of the insertion of the political prohibition clause in the World Bank Charter and the arguments in support of as well as in opposition to such a restrictive approach by the Bank to engaging with corruption and human rights issues. Second, an analytical discussion of the Bank’s economic perspective and exclusive definition to corruption followed by the legal discrepancies of such a regime of sanctions in comparison with those set by UN and AU anti-corruption conventions.

Keywords: International Agencies, Articles of Agreement, Political prohibition clause, Fight against Corruption.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.5

LL.B, LL.M, PhD Fellow.

MAKING THE LAW WORK FOR MEN AND WOMEN: ADVANCING GENDER EQUALITY AND NON-DISCRIMINATION IN NIGERIA’S ANTI-OPEN GRAZING LAWS

Jane Ezirigwe

INTRODUCTION

The realization of equality between men and women is a fundamental part of the international development agenda. This entails equal opportunities and elimination of all forms of discrimination. Discrimination can be embedded overtly or covertly in laws. Therefore, making the law work for both men and women demands an all-inclusive approach. In Nigeria, the crisis involving herders and farmers has led to the loss of lives and properties, internal displacement, and human right abuses including rape. In a bid to curb the crisis, ‘anti-open grazing’ laws have been made in some states. Most of the acts criminalized and offences prohibited were gender-neutral, despite a more embracing approach on gender sensitivity in lawmaking. This article adopts an evaluative approach to assess inclusivity in the recent anti-open grazing laws in Nigeria. It argues that the laws covertly promote patriarchal benefits and boost hegemonic male dominance. Its aim is to reveal that gender-specific circumstances which reinforce sexual and gender-based violence against women, including rape, were ignored. This is notwithstanding the fact that the bodies of women and girls have been turned into battlefields. The study suggests that because society is not homogeneous, there is a need to reflect this diversity by updating these laws, to make them inclusive, in offering protection to women. It recommends that since equal opportunities come with equal responsibilities, the need to identify and prohibit the roles of women in the crisis becomes pertinent. This makes the laws work for both men and women, in pursuit of their agricultural endeavours.

Keywords: farmers-herders conflict; discrimination; rape; gender mainstreaming; anti-open grazing laws

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.4

LLB (Hons.) Abuja, LLM (London), MBA (EBS), Doctoral Scholar, University of Cape Town, South Africa; Research Fellow, Nigerian Institute of Advanced Legal Studies; ezirigwejane@gmail.com

ADDRESSING RESIDUAL LIABILITY AND INSOLVENCY IN DISUSED OIL AND GAS INFRASTRUCTURE LEFT IN PLACE: THE CASES OF BRAZIL, NIGERIA, AND TRINIDAD AND TOBAGO

Eduardo G. Pereira 1

Tolulope O. Taiwo 2

Ngozi Chinwa Ole 3

INTRODUCTION

This article analyses the decommissioning framework for oil and gas infrastructures in Brazil, Nigeria, and Trinidad and Tobago. It examines whether the existing provisions in each country are able to guarantee that the government and, by extension taxpayers, do not bear the costs of decommissioning and, the consequences of insolvency on residual liabilities. An additional motivation for this examination is the ongoing Coronavirus Disease 2019 (COVID-19), a pandemic with significant adverse impacts on the oil and gas industry. A likely consequence of the economic devastation from this is the insolvency of any party with decommissioning obligations. The article argues that the provisions of the Brazil petroleum legislation on the reversion of abandoned installations to the government could imply that taxpayers have to bear the residual liabilities without any compensation from the concerned concessionaires or contractors. It also argues that the provisions of the Petroleum Law to the effect that ‘the reversion of facilities does not entail any expense whatsoever for the Brazilian government ’does not certainly translate to pecuniary compensation to the latter for assuming the future residual liabilities from abandoned installations. The Nigerian and the Trinidad &Tobago Decommissioning Framework also suffer the latter risk of the government bearing the residual liabilities for such disused installations. In Nigeria, the framework is silent on who bears the residual liabilities for disused installations. However, it is argued that the provisions of the Production Sharing Contracts on the transfer of ownership to the Nigerian government implies that they would have to bear eventual liabilities for such disused installations. Even in cases where the licensee or contractor may bear the burden of residual liabilities, the problem of future insolvency and cessation of such companies may entail that taxpayers bear the burden of residual liabilities. The article concludes with key recommendations on how to address the identified gaps using lessons from best practices such as United Kingdom, Norway and United States of America. One of such proposals is on the allocation of liability where there is a transfer of interest. Another is for joint and several or at least secondary liability of responsible parties even after decommissioning activities are over; a recommended provision to this effect is also provided. The third recommendation is on how timeconstrained residual liability can be used alongside lump sum payments to limit the State's financial exposure for decommissioning costs.

Keywords: Decommissioning, Abandonment, Residual Liabilitie

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.3

1 Eduardo G. Pereira is a professor of natural resources and energy law at the Siberian Federal University, Associate Professor at the University of West Indies and part-time, adjunct, research and/or visiting scholar in a number of leading academic institutions around the world (including the University of São Paulo, Strathmore University, Agostinho Neto University, University of Aberdeen and among others).

2 Energy Associate, Aina Blankson LP. Ph.D. in Oil and Gas Law (University of Birmingham, United Kingdom); LL.M. in Oil and Gas Law (University of Birmingham, United Kingdom). E-mail: t.taiwo@ainablankson.com.

3 Research Team Head, Environment and Water Regulation Unit, Afri- can Centre of Excellence for Water and Environmental Research (ACEWATER), Lecturer, Public International Law Department, Faculty of Law, Redeemer’s University, Nigeria. Associate Member, Constitutional and Public International Law Group, University of, Scotland. Ph.D. in Energy and Environmental Law (University of Aberdeen, United Kingdom); LL.M. in Oil and Gas Law (University of Aberdeen, United Kingdom). E-mail: olengozi@gmail.com

ENTRENCHING WASTE HIERARCHY FOR SUSTAINABLE MUNICIPAL SOLID WASTE MANAGEMENT IN KENYA

Wambua Kituku 1

Collins Odote 2

Charles Okidi 3

Patricia Kameri-Mbote 4

INTRODUCTION

Prioritizing waste prevention, reuse, recycling and recovery of materials and energy over disposal through landfilling, offers the waste hierarchy approach (WHA) a sustainable pathway to the management of municipal solid wastes (MSW) and realization of a circular economy. The concept is now part of the legal framework in some developing countries and its implementation has been credited for addressing waste problems linked to high rates of economic growth and urbanization. Even though Africa Vision 2063 prioritizes improvements in urban waste recycling in the continent, much of the MSW generated on the continent is disposed through landfilling evidencing weak adoption of the WHA. This article contends that because WHA is not adequately incorporated in the current legal framework at national and sub-national levels of government, Kenya is unlikely to achieve a circular economy approach necessary for realizing sustainable waste management. Operationalization of the WHA is impeded by inadequate financing, weak institutional coordination, gaps in private sector and informal actors’ engagement and risks associated with investments in large-scale waste recovery initiatives. It is therefore necessary for Kenya to elaborate the WHA in its legal framework at both national and county level, while ensuring adequate financing, involvement of informal actors, incentivization of private sector and adoption of waste planning procedures.

Keywords: Waste Hierarchy, Circular Economy, Municipal Solid Waste Management, Sustainability

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.2

1 BSc (JUAT), LL.B (Nairobi), LLM (Nairobi) PhD Candidate (Nairobi), University of Nairobi, Kenya 

2 LLB (Nairobi), LLM (Nairobi), PhD (Nairobi), Director, Centre for Advanced Studies in Environmental Law ( CASELAP), University of Nairobi, Kenya

3 BA (Alaska), MA (Tufts), PhD (Tufts), Professor, CASELAP and IDS, University of Nairobi, Kenya 

4 LLB (Nairobi), LLM (Warwick), LLM (Zimbabwe), PhD (Stanford), LLD (Nairobi), Professor of Law, Faculty of Law, University of Nairobi

DESIGNING REGULATORY GOVERNANCE MODELS FOR MANAGING HYDROCARBON RESOURCES: LESSONS LEARNED FROM NORWAY AND THE UK

Eduardo G. Pereira 1

Eddy Wifa 2

Jonathon W. Moses 3

INTRODUCTION

While the ever-evolving nature of the global energy industry remains apparent particularly with a transition away from fossil fuel energy systems, the role of oil and gas particularly for emerging economies is undeniable. As new discoveries of oil and gas emerge in countries in Africa, South America, and Southeast Asia, the dominant question will be how to design robust regulatory governance regimes not just for the exploration of oil and gas but also for the management of these resources. As both the United Kingdom and Norway are described as mature oil and gas jurisdictions by virtue of their profound experience, there are valuable lessons to be drawn. Despite some remarkable differences in both the UK and Norwegian regimes, experience suggests that strategy, foresight, regulatory rigour, and political will are valuable to mitigating the consequences of the political economy of speed, which suggest the development of natural resources at the expense of everything else. This paper provides both a comprehensive and critical appraisal of both the UK and Norwegian regimes in a way that captures the complexity of divergent regulatory governance structures.

Keywords: Resource Management, Regulatory Model, Hydrocarbon Regulations, Sovereign Wealth Fund, Fiscal Regime

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.1

1 Dr. Eduardo G Pereira is a professor of natural resources and energy law in a full-time, part-time, associate, adjunct, research and/or visiting scholar in a number of leading academic institutions around the world (including the Siberian Federal University, University of São Paulo, University of Aberdeen, Strathmore University, Agostinho Neto University, Externado University of Colombia and among others). Further information about his profile and publications can be found at: www.eduardogpereira.com

2 Dr. Eddy Wifa is an Energy and Natural Resource Law Lecturer at the University of Aberdeen, Scotland, United Kingdom.

3 Dr. Jonathon Moses is a professor at the Department of Sociology and Political Science , Norwegian