oil

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LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTING OIL PIPELINE SECURITY IN NIGERIA

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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

* 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.

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MAKING EXTRACTIVE INVESTMENTS WORK FOR AFRICA’S DEVELOPMENT: WHAT ROLE FOR QATAR IN SHAPING THE DEBATE ON NATURAL RESOURCE GOVERNANCE?

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Fantu Cheru*

ABSTRACT

At present, emerging economies such as China, are the major importers as well as investors in Africa’s extractive sector. Indeed, they maintain a “stranglehold” on the continent regarding finance for development. Their success in gaining access to the resources of Africa is linked to an effective strategy that combines trade inducements, increased investment flows, aid for infrastructure and construction and technology transfers. With the recent dramatic decline in the price of commodities, and China’s re-balancing with greater emphasis on consumption-driven growth model, growth prospects in commodity-dependent Africa has dampened. Qatar, with its abundant hydrocarbon reserves and US$10 billion foreign exchange reserves, deploys its “soft power” to enable African countries develop their extractive sector fully, industrialize and end China’s financial stranglehold on the continent. Qatar can help develop Africa’s mineral processing industries through public private partnerships and experience. This is because of Qatar’s track record as a sound manager of natural resources. This type of partnership will assist African countries to get more out of their natural resources through valueaddition, and further deepen domestic technological capacity and job creation.

Key words: Qatar, China, Africa, minerals, oil, extractive, development

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.8

* Professor and Senior Researcher, African Studies Center, Leiden University, the Netherlands Associate Senior Fellow, Stockholm International Peace Research Institute (SIPRI).

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NEW DIRECTIONS IN AFRICAN DEVELOPMENTALISM: THE EMERGING DEVELOPMENTAL STATE IN RESOURCE-RICH AFRICA

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Sara Ghebremusse*

ABSTRACT

African states are reclaiming a greater role in natural resource extraction that is generating significant scholarly interest and debate. This paper contributes to the debate by considering how these measures fit into the developmental state paradigm first used to study East Asian countries following World War II, and the “new” development state framework that currently dominates law and development scholarship. This paper argues that recent policy reforms by African states – including enhanced local participation, increased linkages between extractive industries and other sectors, and broader resource nationalist measures that seek to generate more revenue for national governments – are characteristic of the developmental state and “new” developmental state, neither have fully taken shape in resource-rich Africa as it is unclear how these new measures address “good governance” and democracy concerns. Keywords: Developmentalism, Africa, oil, state.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.1

* Ph.D. Student, Osgoode Hall Law School at York University, Toronto, Canada.

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A REVIEW OF THE KEY PROVISIONS OF THE PETROLEUM INDUSTRY BILL AND THE IMPLICATIONS ON DEREGULATION

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Olutumbi Abiodun Babayomi*

ABSTRACT

For many years, Nigeria has been classified globally as a fitting illustration of a nation suffering from the resource curse problem. This is because after decades of oil production, many parts of Nigeria have little or nothing to show in terms of social, environmental and economic development. In a bid to break loose from the resource curse classification, attempts have been made to upgrade the Nigerian oil and gas legal framework in order to boost real growth and development. The proposed legislation, the Petroleum Industry Bill (PIB), is currently under legislative consideration and represents the most comprehensive review of the legal framework for the oil and gas sector in Nigeria since the industry began commercial operations in the 1960s. It could signal the dawn of a new era; an era in which restructuring and transformation could address many of the issues that have dominated the oil and gas industry in Sub-saharan Africa’s second-biggest economy. However, despite its radical promises, the PIB has constantly met a brick wall at the National Assembly. It then comes to question the reasons for this delay. If the proposed bill will do more harm than good to the country, why then has it been ingloriously delayed? This paper x-rays and reviews the potential contributions and key provisions of the PIB amongst other things for the stability and growth of the Nigerian oil and gas industry. It also comments on why the current brick wall facing the PIB must be rapidly addressed.

Keywords: Oil, Gas, Petroleum Industry Bill, Deregulation

* Final Year Law Student (LL.B Candidate), College of Law, Afe Babalola University, Ado Ekiti, Nigeria.