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

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

THE NIGERIAN OIL AND GAS LOCAL CONTENT REGIME AND ITS (NON-)COMPLIANCE WITH THE TRIMS AGREEMENT

Uchenna Jerome Orji *

ABSTRACT

One major milestone for the Nigerian oil and gas industry was the enactment of the Nigerian Oil and Gas Industry Content Development Act in 2010. The Act establishes a comprehensive local content regime that enshrines legal measures which promote the patronage of Nigerian products and services by operators in the Nigerian oil and gas industry. This article examines the provisions of the Act and Nigeria’s obligations under the WTO’s Trade Related Investment Measures (TRIMS) Agreement with a view to determining whether the provisions of the Act are in violation of Nigeria’s obligations under the TRIMS Agreement. It also examines whether any exemptions can justify the derogation of Nigeria’s obligations under the TRIMS Agreement. The article finds that requirements under the Act constitute trade-related “investment measures” within the meaning of the TRIMS Agreement because such requirements are explicitly meant to apply to “all operations or transactions” connected with the oil and gas industry. This article also finds that some provisions of the Act are not in compliance with Nigeria’s obligations under the TRIMS Agreement. In particular, sections 10 (1), 11(1), and 12 of the Act which favour the use of local products and materials for projects in the oil and gas industry contravene Nigeria’s obligations under the TRIMS Agreement. The article further identifies exemptions which can justify Nigeria’s application of oil and gas industry local content measures that derogate obligations under the TRIMS Agreement. In this regard, the article suggests that the exemptions under Article 4 of the TRIMS Agreement, which permit a WTO member whose economy is in the early stages of development and can only support low standards of living to temporarily apply local content measures, can be applied by Nigeria to justify the oil and gas industry local content measures under the Act for the purpose of promoting economic development and improving living standards in the country.

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* LL.B (Hons.), (University of Nigeria); LL.M (University of Ibadan); PhD (Nnamdi Azikiwe University Nigeria) Barrister and Solicitor of the Supreme Court of Nigeria.

ADVANCING ELECTRONIC VOTING SYSTEMS IN NIGERIA’S ELECTORAL PROCESS: LEGAL CHALLENGES AND FUTURE DIRECTIONS

Obinne Obiefuna-Oguejiofor*

ABSTRACT

This article aims to examine the legal and policy challenges associated with adopting an electronic voting (e-voting) system in Nigeria’s electoral process. Nigeria, Africa’s largest democracy, has for many years been held down by issues of election fraud, thuggery, violence as seen in past manual elections in the country. The article argues that, if properly implemented and financed, e-election offers great promise and potential as the panacea for voter fraud in Nigeria’s electoral system. First, it examines the theoretical, legal and constitutional basis for e-voting. Second, drawing lessons from other jurisdictions, it analyses practical challenges for the implementation and adoption of an e-voting system in Nigeria. These challenges include the possible compromise of e-voting devices, by viruses or other malicious software; manipulation by people with privileged access to the system, either system developers, system administrators or malicious hackers; denial-of-service attacks (attacks that result in the e-voting facility being disabled or otherwise unavailable for voters to use); lack of adequate supervision mechanisms; and the difficulties of proving electronic attacks in courts of law among other things. Many of these problems are beyond the contemplation of and, therefore, are unaddressed by Nigeria’s Electoral Act, making the law currently incapable

THE TREASURY SINGLE ACCOUNT AND THE SEARCH FOR EFFECTIVE REVENUE MANAGEMENT IN NIGERIA’S OIL AND GAS SECTOR

Law Amadi* and Peter Chukwuma Obutte**

ABSTRACT

The Treasury Single Account (TSA) policy was designed to block revenue loopholes, promote transparency and accountability, prevent mismanagement of government’s revenue, unify government bank accounts, improve the processing of payments and collections, and reduce borrowing costs. It aims to ensure complete, real-time information on cash resources and improves operational and appropriation’s control. Despite its clear conceptual aims, its practical implementation has been fraught with several legal challenges and questions. This article examines the concept and historical origin of TSA in Nigeria as well as its application in petroleum revenue management with a view of determining its legality and constitutionality. The article further considers whether the application of TSA had occasioned conflict or confusion between the Federation Account and the Consolidated Revenue Fund as provided under the 1999 Constitution of the Federal Republic of Nigeria, as amended in the aftermath of the reform. It argues that TSA is not an account, but a policy nomenclature directed towards the compliance with sections 80 (1) and 162 (1) of the 1999 Constitution as amended. Although it is currently not provided for in any law or the Constitution, the article insists that the constitutionally recognized accounts for the payment of revenue are the Federation Account and the Consolidated Revenue Fund. TSA is a good and effective policy for the management of petroleum revenue. The article recommends a robust legal and institutional reform to secure its legality, continuity and sustainability. It urges the legislature to review some of the laws and amend the Constitution to entrench TSA in the legal regime.

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* LL.B (RSU), BL (Lagos), LL.M (Ibadan), Doctoral candidate, Center for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, Nigeria.

** LL.B (Ibadan), BL, LL.M (Ife), Cert. Antitrust (Fordham), Sp. LL.M, LL.D (Oslo). Ag Head, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan

STAY OF PROCEEDINGS PENDING ARBITRATION: PROTECTING THE INTERESTS OF THIRD-PARTIES TO ARBITRATION IN NIGERIA

Taofeeq N. Alatise*

ABSTRACT

Courts have the power to stay proceedings pending arbitration. In Nigeria, the enabling statute regulating commercial arbitration is the Arbitration and Conciliation Act of 1988. Sections 4 and 5 of the Act contain two similar but conflicting provisions regulating the stay of proceedings. These sections of the law are a product of a common ground found in two different legislative texts. While section 4 leveraged on the provision of Uncitral Model Law on Arbitration, section 5 is influenced by Arbitration Act of 1914. This dichotomy between the histories of the two sections partly accounts for the controversies and difficulties in the interpretation and application by courts and scholars. This article examines the scope of sections 4 and 5 of the Act by identifying the real object of the law and the flaws in its current interpretation. The article considers the American experience, especially, the attitude of courts in granting a stay of proceedings and whether a stay can be granted in a suit against a non-party to the arbitration agreement. Unlike arbitration laws in the United States, one key gap in Nigerian arbitration law is its failure to contemplate stay of proceedings in a suit against a non-party to an arbitration agreement. In addition to identifying the need for urgent legal reforms that accommodate third-party stay pending arbitration, this article recommends that Nigerian courts, like their counterparts in developed jurisdictions, should adopt a more proactive approach by evolving innovative ways in deciding suits involving third parties to arbitration agreement and stay proceedings pending arbitration in appropriate cases to prevent parties from avoiding arbitration by suing a third-party, in line with the global best practices.

Keywords: Arbitration, Stay of Proceedings, Third Party.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.11

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* LL.M (Ilorin) Legal Practitioner based in Ilorin, Kwara State, Nigeria. Email: alatise.taofeeq@yahoo.com

MUCH ADO ABOUT FOOD SAFETY REGULATION IN NIGERIA

Jane Ezirigwe*

ABSTRACT

About 1 in 10 people in the world fall sick after eating food contaminated through improper farming, processing, preservation and services. In Nigeria, more than 200,000 persons die of food poison annually, caused by contaminated foods. The cost of illnesses associated with foodborne diseases in Nigeria is estimated at US$ 3.6 billion per annum. Though there is poor data collection on foodborne outbreaks, evidence exists to show that these contribute to ill health and death in the country as well as reduce productivity and economic growth. Studies and existing facts reveal that law makers, enforcement officers, regulators, food handlers and even the consuming public do not take food safety very seriously. This article examines the varied cases of foodborne outbreaks in Nigeria with the aim to assess the role and ambit of food safety regulations in Nigeria. It seeks to determine whether the present regulatory framework permits adequate regulation of the informal sector that serves the majority of the Nigerian consumers. While observing various challenges that may be encountered by the regulators, it offers recommendations on issues that require legislative reforms and pragmatic approaches in tackling the regulatory challenges. It concludes that the intergovernmental and the multi-agency cooperation envisaged by the National Policy on Food Safety and its Implementation Strategy, 2014, will be better achieved if the definition of “food” in the food laws are extended, in line with best practices and current realities, to allow for comprehensive regulation and coordination of the food chain system.

Keywords: Food Safety, Foodborne Illnesses, Food Regulation, Food Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.6 * LLB (Hons.) Abuja, LLM (London), MBA (EBS),

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

THE RULE OF LAW APPROACH TO REGULATING ELECTRICITY SUPPLY IN NIGERIA

Sam Amadi*

ABSTRACT

With the transfer of government shares in 17 electricity generation and distribution companies in November 2013, Nigeria crossed the Rubicon in the privatization process. This process began in earnest in 2003 with the liberalization of the telecom sector as part of a strategic reform to improve efficiency in these utility sectors. So far, privatization has not improved the quality of service in these sectors. The problem has been traced to the failure of regulation. The major problem is that the regulatory regime had not matured before privatization. This immaturity manifests mostly in the failure to protect consumer interests. This article reviews regulatory deficits post-privatization. It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization that is focused on blending of promotion of market efficiency and protection of fundamental rights.

Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.2

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* LL.B (Calabar), LL.M, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja, Nigeria; formerly Chairman and Chief Executive, Nigerian Electricity Regulatory Commission (NERC) 2010-2015. Correspondence e-mail: samadi29@yahoo.com

LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTING OIL PIPELINE SECURITY IN NIGERIA

Amalachukwu Okafor* and Ayobami Olaniyan**

ABSTRACT

Oil pipelines are no ordinary assets, and their security is of utmost importance especially in a country like Nigeria where oil pipelines are the major means of transporting crude oil. Nigeria relies on this means of transportation, which has been the victim of various physical attacks over the years by vandals and militant groups. This has affected the transportation of crude oil, which isthe most important resource sustaining the Nigerian economy, putting it in jeopardy. This article appraises the efficacy of relevant Nigerian legislation providing for oil pipelines security; highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make oil transportation through pipelines efficient, effective and secure in Nigeria. These reforms include the need to have a comprehensive legislation on oil pipeline security; the need to review relevant legislation providing for the security of oil pipelines in Nigeria; proper funding of the security agencies saddled with the overall responsibility for managing as well as safeguarding the pipelines to ensure their productivity; and overhauling the entire security apparatus put in place to protect oil pipelines in Nigeria by having a sustainable and strategic approach to dealing with oil pipeline insecurity.

Keywords: Pipelines, Oil, Vandalism, Sabotage, Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.10

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* Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria

** Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria.

EVALUATION OF THE LEGAL FRAMEWORK FOR PROMOTING SUSTAINABLE DEVELOPMENT IN THE EXTRACTIVE HOST COMMUNITIES IN NIGERIA

Bethel Uzoma Ihugba* and Sergius Nnamdi Okoro**

ABSTRACT

The extraction of oil and mineral wealth has some environmental, social, economic and political impact on the host communities. In many instances these communities do not derive any sustainable developmental benefit from the wealth extraction activities in their area and where they do, it is less than the magnitude of harm suffered. This has contributed to conflicts between government and host communities, and between host communities and mining companies. This suggests that either there is no legal framework for extractive industry host community development or they are weak or not applied. In Nigeria, existing legal framework includes revenue allocation formulas between the Federal and State Governments, the establishment of bodies like the Niger Delta Development Commission, and enactment of laws like the Nigeria Minerals and Mining Act (NMMA) 2007, the Nigeria Extractive Industry Transparency Initiative (NEITI) Act 2007 and the proposal of the Petroleum Industry Bill 2012 and the recently passed Petroleum Industry Governance Bill 2016. However, despite this framework, contentions persist and there is sparse evidence of sustainable development in host communities to counter some conclusions of ineffectiveness. This article, therefore, examines some of the legal framework to determine their contribution or otherwise and potential towards sustainable host community development.

Key Words: Extractive industry, local host community development, Nigeria, petroleum industry, sustainability.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.15

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* LLB, LLM, PhD, BL, Research Fellow, National Institute for Legislative Studies, National Assembly, Abuja, Nigeria. Correspondence email: bethelihugba @yahoo.com

** LLB, LLM, BL, Research Officer, National Institute for Legislative Studies, National Assembly, Abuja, Nigeria.

THE CASE FOR AN ANALYTICAL CONSTRUCTION AND ENFORCEMENT OF DEMAND GUARANTEES IN NIGERIA

Kolawole Mayomi*

ABSTRACT

Demand guarantees are independent collateral undertakings that secure the beneficiary against losses arising from the risk of default in an underlying contract. However, unlike in a true guarantee, the surety’s liability in a demand guarantee is insulated from disputes arising on the underlying contract as it is triggered by the beneficiary’s mere demand for payment, without any need to establish the principal’s default in the underlying contract. A review of Nigerian law reveals a lack of clarity in the construction and enforcement of demand guarantees, such that the courts have largely adopted a blanket approach which erroneously conflates the principles that undergird true guarantees and demand guarantees, and treats the payment obligation arising in both categories of guarantee contracts as the same. The consequence of this approach is to (a) open up the surety in a true guarantee to a primary liability; or (b) impose an onerous obligation upon the beneficiary in a demand guarantee to establish default in an underlying contract before the undertaking may be enforced. This article discusses the need for an analytical approach to the construction and enforcement of demand guarantees in Nigeria. It examines the key normative strengths of this approach which includes the ‘pay now, argue later’ rule, and proposes practical legal reforms through which the analytical approach could be better recognized by Nigerian courts and in Nigerian laws.

Keywords: Demand guarantees, collateral, security, Nigeria

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.11

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* Partner, Disputes Resolution; S.P.A. Ajibade & Co, Lagos, Nigeria. Email: kmayomi@spaajibade.com

THE SEARCH FOR LOCAL GOVERNMENT AUTONOMY IN NIGERIA: LEGAL AND INSTITUTIONAL PATHWAYS TO ITS REALIZATION

Ifeolu J. Koni*

ABSTRACT

This article examines the status of the local government under the tripartite governmental system in Nigeria that has been in operation since 1979. It reviews the various reforms that the administration of local government has gone through from the colonial era till 1999 when the extant Constitution of Nigeria came into force. The article finds that notwithstanding the provision of section 7 of the 1999 Constitution which provides for a system of local government by democratic means, many of the State Governments have continued to set up caretaker committees at this tier of government, thereby denying the grassroots population of the benefits of democratic rule. The creation of the infamous State Joint Local Government Account has rendered the Local Governments totally prostrate as they depend completely on the State Governments for funds needed for their development. The article recommends, inter alia, that section 165 of the 1999 Constitution should be amended with a view to abolishing the State Joint Local Government Account and making the Local Government Councils both politically and financially autonomous.

Keywords: Search, local government, autonomy, pathways and realization

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.8

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* LL.B (Hons), Ilorin, LL.M, PhD (Ife) BL, Barrister and Solicitor of the Supreme Court of Nigeria; Senior Lecturer, College of Law, Afe Babalola University AdoEkiti, Nigeria. Email: ife4law@yahoo.com

IMPLEMENTING ISLAMIC MICROFINANCE IN NIGERIA: A MATTER OF EQUITY AND SOCIAL JUSTICE

Abayomi Al-Ameen*

ABSTRACT

Many hardworking people from unprivileged backgrounds are automatically disadvantaged simply because they lack access to financial capital. Observably, microfinance provides a way out of the poverty trap if it is deployed appropriately. Nigeria, like many other developing countries, has thus taken up the challenge of developing inclusive microfinancing initiatives. In the country, funding for small-scale businesses is available from both the government and the private sector. Unfortunately, the nature and conditions of the schemes fail to meet the sensitivities of a substantial group who would otherwise have been eligible for the grants and loans. The practical implication is that such group would be twice excluded from the financial system. These potentially excluded groups are those poor Muslims who might desire funding but are unable to benefit from the government schemes because the loan conditions contradict their faith. It is argued that the effect of the status quo is that it breeds further inequality and inequity and could even amount to outright (or indirect) discrimination. This contention is substantiated through constitutional analysis and also in light of a contemporary economic welfare theory – the Capability Approach. The article argues that this marginalized group has a right to Islamic microfinance. This right, it is further contended, places justiciable (positive and negative) duty on the government. It, therefore, calls that Islamic microfinance should forthwith be embedded into the fabric of public governance in the country. The article demonstrates the exclusionary problem by analysing some of the existing schemes, and it proffers alternative sharia-compliant conditions for existing schemes.

Keywords: Islamic microfinance; social development, distributive justice; indirect discrimination; constitutional law/human right, capability approach.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.10

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* Lecturer in Commercial Law, Cardiff School of Law and Politics, Cardiff University, UK.

SUSTAINABLE MANAGEMENT OF NIGERIA’S OIL WEALTH: LEGAL CHALLENGES AND FUTURE DIRECTIONS

Solomon Ekokoi*

ABSTRACT

Oil is a very important resource for Nigeria, as it remains the major economic driver and mainstay of the country. The unsustainable management of Nigeria’s oil wealth, rather than the availability of oil itself, remains the real cause of the challenges confronting the economic performance of the country. This article contributes to the debate on how Nigeria can develop more coherent and sustainable practices in the management of its oil wealth. It examines how policies and rules of law that promote mismanagement, corruption, waste and the fixation with the sharing of oil revenues at the expense of production are unsustainable and unethical practices that may continue to stifle sustainable development in Nigeria. The article discusses the need for stronger legal regimes for the efficient management of Nigeria’s oil wealth, and identifies the roles that active stakeholder engagement, such as the Nigerian public and civil society organizations (CSOs) should play.

Keywords: CSOs, sustainable management, oil wealth, mismanagement, State theft, economic development.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.7

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*Lecturer in Law, Department of Public Law, Faculty of Law, University of Uyo, Nigeria; e-mail: emmanuelsolomon@uniuyo.edu.ng; ekokoisolomon@yahoo. com. The author is grateful to the anonymous reviewers for their useful comments on the earlier draft. However, any error is the responsibility of the author.

PROTECTING THE RIGHTS OF CHILDREN IN NIGERIA: LEGAL FRAMEWORK FOR THE PROGRESSIVE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Adekunbi Adeleye*

ABSTRACT

This article evaluates the legal framework for the progressive realization of the International Covenant on Economic, Social and Cultural Rights (ICESR) provisions on socio-economic human rights of children in Nigeria. It reviews the nature, scope and content of children’s rights espoused by the ICESR and then examines how these socio-economic rights of children, both nationals and non-nationals, can be guaranteed and progressively realized within the relevant provisions of Nigerian law and the limited available resources, given that Nigeria is a developing country. The article also discusses how legal barriers posed by the non-justiciability of the socio-economic rights under the fundamental objectives and directive principles of the Nigerian Constitution and other challenges to the full realization of the socio-economic rights can be overcome.

Keywords: Nigeria, children, socio-economic rights, progressive realization, core minimum standard.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.12

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* LLB, BL, LLM, Lecturer, Kwara State University, Malete, Nigeria, email: kumbexadex@yahoo.com

THE JURISPRUDENCE OF PRODUCT LIABILITY IN NIGERIA: A NEED TO COMPLEMENT THE EXISTING FAULT THEORY

Gbade Akinrinmade*

ABSTRACT

This article argues for the adoption of strict liability principle as an additional theoretical basis of liability, to complement the existing fault theory on product liability claims in Nigeria. The fault theory, which currently is the only theoretical basis of liability, unduly burdens claimants. The reason for this is that such claimants are expected to establish fault despite the lack of insight into the complex processes of production. While establishing fault in cases of manufacturing defect may seem less onerous, it is an uphill task when it concerns design or warning defects. Bearing in mind that a principal rationale of tort law is to ensure that prejudiced parties are compensated for losses suffered, this article explains why it is necessary to assess and review applicable principle of liability in Nigeria to ensure that it is in line with the demands of justice, which should be in conformity with the peculiar circumstances of its operating environment.

Keywords: torts, strict liability, fault, product, consumer

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.9

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* Department of Jurisprudence and International Law, Olabisi Onabanjo University, Ago-Iwoye, Ogun-State, Nigeria. Email: gbadeakinrinmade_co@yahoo.com

THE CIVIL SOCIETY AND THE REGULATION OF THE EXTRACTIVE INDUSTRY IN NIGERIA

Rhuks Ako* and Eghosa O. Ekhator**

ABSTRACT

This article focuses on the role of civil society organisations (CSOs) in impacting on trends and developments in the extractive industry in Nigeria. For example, CSOs take on the government to promote accountability and probity in the management of the sector that is beset by ineffectual regulation; alleged collusion with multinational corporations having as consequences environmental degradation and human rights abuses; and, ineffective judicial processes, among other things. On the other hand, CSOs are increasingly beginning to play prominent roles in collaborations with extractive corporations in the initiation and management of development programmes. In a nutshell, this paper aims to engage with both theoretical (based on the Hood et al conceptualisation of a regulatory regime, which encompasses information gathering, standard setting and behaviour modification activities) and practical frameworks (such as litigation, collaboration and pressure by CSOs) that explain the evolution of CSOs and their “regulatory” roles in Nigeria’s extractive industry. Civil society and civil society organisation are used interchangeably.

Keywords: Nigeria, CSOs, extractive industry, regulatory framework.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.9

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* Senior Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria. Email: rako@ogeesinstitute.edu.ng

** University of Hull Law School, UK. Corresponding author: Email: eghosaekhator@gmail.com

THE FEASIBILITY OF IMPLEMENTING THE UNITED NATIONS GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS IN THE EXTRACTIVE INDUSTRY IN NIGERIA

Oyeniyi Abe*

ABSTRACT

Extractive resource governance has been a challenging task for resource-rich countries in Africa. It has fuelled civil wars, ethnic clashes and underdevelopment in this region. This has turned the so-called resource wealth into resource curse. To address this particularly nauseating challenge, the international community came together to adopt the UN Guiding Principles on Business and Human Rights (GPs). Polarised debate on whether the GPs should be binding or voluntary has slowed down the effective implementation of the Principles. This article argues that while the GPs have been the latest attempt at regulating multinational companies (MNCs), greater emphasis should be placed on the readiness of states to domesticate the Principles. To achieve this, the paper explores various approaches through which the GPs can be crafted into national legislation. It also investigates the different methods through which states can ensure that corporations systemically respect human rights obligations in their areas of operation. In order to restore faith in the whole process, it is necessary to examine how human rights principles can be mainstreamed into corporate practice locally. No doubt, rights-based frameworks, such as the GPs, are needed to ensure that human rights are streamlined in business’ projects, policies, and agreements throughout the various stages, including preparation, funding, implementation and monitoring. The issue of corporate liability under international law has had its troubled history, thus, this article argues that MNCs have a heightened responsibility to respect the human rights of the local communities in resourcerich, war-torn zones, particularly in sub-Saharan African, using Nigeria as focal point.

Keywords: Guiding principles, business, human rights, multinational companies (MNCs).

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.7

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* Doctoral Candidate, Centre for Comparative Law, Faculty of Law, University of Cape Town, South Africa, currently Fulbright Visiting Scholar at Loyola University, Chicago School of Law. oabe@luc.edu.

THE CLASH OF PROPERTY AND ENVIRONMENTAL RIGHTS IN THE NIGER DELTA REGION OF NIGERIA

Sunday Bontur Lugard*

ABSTRACT

The Niger Delta region of Nigeria, home to about 30 million people, is one of the world’s most prominent deltas. Petroleum exploration in this region has been ongoing for over fifty years and revenue from this activity is at present the mainstay of the Nigerian economy. Granted that it is impracticable to undertake petroleum operations without some negative impact on the environment, a good deal of this pollution can be mitigated. The International Oil Companies (IOCs) are complacent about pollution reduction to a sustainable level; regulatory agencies are either compromised or lack the required expertise or equipment to monitor and enforce compliance with extant environmental protection laws and regulations. The pursuit of the IOCs’ property right over petroleum resources has set them against the other stakeholders’ right to a healthy environment. The clash of these rights can best be addressed by ascribing “collective property” and not “private property” right to the acreage over which they have been granted licence to prospect for, explore or mine petroleum resources.

Keywords: Property rights, natural resource exploration, environmental law.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.3

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* Lecturer, Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Nigeria; lugards@unijos.edu.ng.