constitution

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THE LAND USE ACT AND LAND ADMINISTRATION IN 21ST CENTURY NIGERIA: NEED FOR REFORMS

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Akintunde Otubu*

ABSTRACT

Land administration is important in the sustainable use and management of land. Despite its importance, however, the administrative structure under the Nigerian Land Use Act is inconsistent and devoid of clarity of functions and purpose. This article examines the administrative structure under the Land Use Act, focusing on its effectiveness in light of the general principles and policy that motivated the promulgation of the Act. Given the observed lacuna and inconsistency in the administration of the Act, the article calls for legislative intervention to review its provisions. It also recommends a uniform right of occupancy regime, single administrative structure for land administration in the country, and a repeal of the governor’s adjudicatory powers in the Act.

Keywords: Land, Land Administration, Right of Occupancy, Constitution, Reforms

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.5

* PhD, Senior Lecturer, Department of Private & Property Law, Faculty of Law, University of Lagos, Akoka, Lagos, Nigeria. Email: bullet20042003@yahoo.com. Tel: +2348023253416. The author is grateful to the Trustees of Femi Okunnu Research Grant in Property Law in Nigeria for providing the funds for this research.

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CONSTITUTIONAL IMMUNITY CLAUSE AND THE FIGHT AGAINST CORRUPTION IN NIGERIA

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Sesan Fabamise*

ABSTRACT

One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds. Others have called for its retention while another set of scholars further ask that it be extended to the leadership of the National Assembly and the States Houses of Assembly. This latter group has said that the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker as well as the Speakers of the States Houses of Assembly and their Deputies should be granted immunity under the Constitution. This article discusses the immunity clause and its sphere, extent and limits as it relates to the officers protected, the arguments for and against its retention in the Constitution, as well as state practices in other jurisdictions.It concludes that it is expedient to retain the clause, but the call in some quarters to expand it to cover the leadership of the National Assembly and States Houses of Assembly is not viable.

Keywords: Corruption, immunity, Constitution, sustainable development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.8

* LL.B (Lagos), LL.M (Lagos) Associate Professor and Head of Department, Public and International Law, College of Law, Afe Babalola University Nigeria.

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EYES ON BANGLADESH’S DISAPPEARING COASTS: PROPOSED CONSTITUTIONAL PROTECTIONS FOR COASTAL COMMUNITIES PARTICULARLY VULNERABLE TO CLIMATE CHANGE1

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Sabrina Persaud*

ABSTRACT

Climate change, a phenomenon caused by global warming, has impacted just about every part of the earth. As polar ice caps continue to melt, people across the world are experiencing record-breaking heat waves and warmer winters. These erratic weather patterns are just one of the many impacts of climate change. Changes in temperature have altered ecosystems and habitats for terrestrial and marine wildlife, and caused human health to deteriorate. Larger, more industrialized countries are the major contributors to climate change; however, smaller countries, such as Bangladesh, suffer the consequences. This article analyses the negative effects that climate change has had on Bangladesh, particularly the vulnerable coastal communities of Bangladesh. Warmer temperatures lead to warmer waters, a breeding ground for tropical cyclones and spells disaster for those living along Bangladesh’s coasts. This article proceeds to suggest possible domestic and international legal solutions to the problem and examines the law that supports these proposals.

Keywords: Climate change, coast, Bangladesh, constitution

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.3

* Juris Doctor (JD) Candidate, Florida Agricultural and Mechanical University (FAMU) Law School, United States.

1 “Eyes on Bangladesh’s Disappearing Coasts” is a subtle reference to the eye of a tropical system that maintains contact with the Bangladeshi coasts and wreaks havoc for coastal communities. Every cyclone with wind speeds exceeding 74 mph has an eye at the centre of the storm, which is the calmest part of the storm. National Weather Service, “Tropical Cyclone Structure” accessed 28 July 2015.

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LEGAL AND CONSTITUTIONAL EVALUATION OF THE NIGERIAN SOVEREIGN WEALTH FUND

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Solomon E. Ekokoi *

ABSTRACT

The central aim of this paper is to examine the constitutionality of Nigeria’s sovereign wealth fund (SWF) which was established in August 2012, pursuant to the Nigeria Sovereign Investment Authority (Establishment etc) Act 2011 (the NSIA Act). The paper reviews and discusses how questions on the constitutionality of a sovereign wealth fund have been dealt with in other jurisdictions with similar legal and governmental structures. It reviews practices in the United States and Canada, where the establishment of SWFs conform to their federal constitutional designs; and in Australia and Russia, where the law and practice of SWF are similar to the extant regime in Nigeria. This paper argues that questions on the constitutional basis of the SWF alone should not affect the establishment of a national SWF in Nigeria and therefore recommends a constitutional amendment to clear the grey areas. It discusses the importance of the law and development approach in resolving the identifiable setbacks in the Nigerian NSIA Act bearing in mind the potentials of the SWF in the socio-economic development of the Nigeria.

Keywords: Sovereign wealth fund, constitution, stabilization

* LLM (Uyo) (Barrister & solicitor of the Supreme Court of Nigeria; lecturer in law, Department of Public Law, Faculty of Law, University of Uyo, Nigeria. E-mail: ekokoisolomon@ yahoo.com).

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UNQUENCHED THIRST: THE NEED FOR A CONSTITUTIONALLY RECOGNIZED RIGHT TO WATER IN GHANA

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Tia Crosby*

ABSTRACT

The practice of privatizing water is often discussed as the leading method for improving access to adequate water in developing countries. Notably, this method has a cost that frequently impedes access to water in the developing world, while exploiting the profitability of a natural resource that is vital to human life. In Ghana, the failure of water privatization initiatives and the growing scarcity of adequate water have caused a public health crisis that necessitates a quick and efficient solution. As demonstrated in South Africa, the codification of the right to water in its constitution has improved access to adequate water, sparked government concern and action on water and sanitation issues, and provided citizens with various avenues to compel government adherence to the constitutional right. Is constitutional recognition of the right to water an adequate alternative to privatization of water? If so, can such recognition solve Ghana’s water woes? This paper examines how constitutional recognition of the right to water in Ghana can successfully encourage the substantive realization of access to adequate water to all Ghanaians and an efficient procedural process that assures government accountability in water governance.

* BA (University of North Carolina, NC, USA), JD (Florida A&M School of Law, USA), Certificate in International Human Rights Law and Global Justice Studies; Human Rights Fellow (2014), Florida A&M University College of Law, Orlando, USA.