management

, ,

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

* 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.

, ,

LABOUR AND EMPLOYMENT CREATION WITH AFRICAN RESOURCE DEVELOPMENT

, ,

Franklyn Lisk*

ABSTRACT

Natural resources are an assured source of government revenue, but this does not always translate into more jobs, better productivity or an increased demand for that country. Traditionally, the role of government in a resource-rich country has always been to act in the best interests of its citizens. In the case of natural resource-rich nations, this role also includes ensuring that jobs in the extractive sector are safe – both in the physical and financial sense. In such competitive environments, the private sector also has a fiduciary responsibility to ensure that all employees are fairly treated. However, it is evident that almost all African nations that are rich in resources are affected by lack of human development. This article examines the current state of affairs in the resource-rich African nations and their impact on human development. It focuses on how these resource-dependent economies are experiencing economic growth and why this growth does not directly translate into higher and better employment for the local populations. The article examines growth and human development from the perspectives of both the private- and public-sector actors. It recommends that private actors should have a complementary approach, through foreign direct investors or other modes, to the long-term policies and plans set out by the state. This approach would allow for successful intersectoral linkages and community development through higher job creation. It argues that the state is responsible for managing these natural resources and highlights the role of governance in this management. Governance issues, challenges, such as developmental gains, job creation, transparency and accountability are all addressed in the article. Finally, the article strongly recommends developing both human and institutional capital and regulating production.

Keywords: Resource development, resource curse, Africa, governance, management.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.12

* Professorial Research Fellow, Centre for the Study of Globalization and Regionalization (CSGR), University of Warwick, UK. Email: f.lisk@warwick.ac.uk

, ,

THE MULTI-AGENCY RESPONSE APPROACH TO THE MANAGEMENT OF OIL SPILL INCIDENTS: LEGAL FRAMEWORK FOR EFFECTIVE IMPLEMENTATION IN NIGERIA

, ,

Ayobami Olaniyan*

ABSTRACT

The devastating effects of oil spill incidents on humans and the environment can be overwhelming. Effects such as loss of life, forced displacements, loss of property and serious health risks cannot be overlooked. Also, the long-term damage to the ecosystem, sea life and biodiversity are some of the long-term consequences of an oil spill incident. Thus, a swift response to oil spill incidents is always necessary in order to minimize these effects. The multi-agency response approach emphasizes a holistic and coordinated involvement of several related institutions and entities in order to ensure adequate response to any category of oil spill incident. Even though the multi-agency approach seems to be already embedded in relevant legislation on oil spill control and containment in Nigeria, its operationalization has been less impressive. This article discusses the practical relevance and implementation of multiagency response to oil spills in Nigeria. It appraises the efficacy of relevant Nigerian legislation providing for multi-agency response to oil spill control and containment in Nigeria, highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make the multi-agency response approach more efficient and effective in Nigeria. This includes the need to harmonize several overlapping legislations and governance institutions on oil spill response and management to ensure coherence and systemic integration.

Keywords: Multi Agency Response, oil spill, polluter-pays, human rights, Niger Delta.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.5

* LL.B (Ife), B.L (Abuja), LL.M (Aberdeen), Lecturer, College of Law, Afe Babalola University, Ado-Ekiti (ABUAD), Nigeria; ajolaniyan@abuad.edu.ng, ayobamiolaniyan@gmail.com; Associate Fellow at the Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria.

, ,

A CLOSER LOOK AT THE MANAGEMENT, REVOCATION AND COMPENSATION PRINCIPLES UNDER THE NIGERIAN LAND USE ACT

, ,

Eloamaka Carol Okonkwo*

ABSTRACT

Land use and management has proved to be a source of worry and conflict in the world especially the developing world. In Nigeria, it has proved to be causing a lot of problems amongst the government and the governed, between individuals and even between Governments. The issue of land acquisition and management even heightened with the British invasion of Nigeria and the Colonial rule that for administrative purposes brought some innovations to land ownership. To worsen the issue, the amalgamation of the Southern and Northern protectorate saw a combination of totally two different land uses and ownership of the Northern part governed by the emirs and the South with its family/communal ownership. With the gaining of independence, oil boom and rapid development, acquiring land was more difficult especially in the south leading to setting up of panel to investigate the problem and recommend the way forward. The result was land use Act of 1978, which nationalised land for the whole country, extending what was operational in the North under the Land Tenure Law. This article examines the sections dealing with the management and control and revocation powers given to the Governors of the state as well as the compensation sections for acquisition of land compulsorily acquired for overriding public interest. It ends up with looking at the proposed amendments, the sections that is proposed to be amended, and ends with the writer’s opinion.

* LL.B (UNIBEN), B.L (THE NIGERIAN LAW SCHOOL), LL.M (UNIVERSITY OF STRATHCLYDE, GLASGOW), DOCTORAL CANDIDATE (UNIVERSITY OF STRATHCLYDE, GLASGOW, UK)