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LEGAL ASPECTS OF CORPORATE SOCIAL RESPONSIBILITY IN ETHIOPIA: A SUSTAINABLE DEVELOPMENT PERSPECTIVE

Bereket Alemayehu Hagos*

ABSTRACT

For many years, corporate social responsibility (CSR) has been shaping policies and actions on the role of businesses in society. This article explains the legal aspects of CSR from the perspective of sustainable development under Ethiopian law, based on the recognition of the crucial role of businesses in achieving sustainable development in the UN 2030 Agenda. By exploring and examining the major Ethiopian laws that govern businesses, it shows that the laws have incorporated diverse rules on CSR and have sustainable development as their objective. It also expounds how CSR, as incorporated in the laws, can be a key instrument to achieve sustainable development in Ethiopia, including through conducting proper governmental supervision of the conduct of businesses and encouraging the adoption and use of voluntary CSR codes of conduct by businesses to complement the CSR laws.

Keywords: Businesses; corporate social responsibility; Ethiopian law; sustainable development; Sustainable Development Goals.

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AFRICAN UNION LAW: THE EMERGENCE OF A SUI GENERIS LEGAL ORDER WRITTEN BY OLUFEMI AMAO ROUTLEDGE (LONDON AND NEW YORK)

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Robert Home*

INTRODUCTION

The African Union (AU), since its Constitutive Act in 2000, has grown from an initial 27 member states to now include all 55 countries on the African continent. The initiative came from the late President Gaddafi of Libya – an “unlikely figure”, according to Amao, p. 16 – who called for Africa to create a robust international body at an “extraordinary summit” of the former Organization for African Union (OAU), held in his home town of Sirte in 1999. The last state to join, or rather rejoin – since it had split from the former OAU – was Morocco, in 2017.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.10

* Robert Home, MA PhD MRTPI Emeritus Professor in Land Management, Anglia Ruskin University (UK). Email Robert.home@anglia.ac.uk.

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ELUSIVE SEARCH FOR NATION NIGERIA WRITTEN BY AMBASSADOR AARE AFE BABALOLA AFE BABALOLA UNIVERSITY PRESS (ADO EKITI, 2019), ISBN: 978-978-56719-1-9

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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

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

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THE NIGERIAN BAR ASSOCIATION IN THE 21ST CENTURY: THE INTEREST OF THE LEGAL PRACTITIONER AND THE COMPETING DUTY TO ACT IN THE PUBLIC INTEREST

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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

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AWOISM AND THE UNENDING SEARCH FOR TRANSFORMATIONAL LEADERSHIP IN NIGERIA: POLITICAL, ECONOMIC, EDUCATIONAL AND SOCIAL CHALLENGES

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Aare Afe Babalola*

INTRODUCTION

I consider it an exceptionally great honour for me to receive the 2018 Chief Obafemi Awólowo prize for leadership. I thank the Governing Council and Board of Trustees of the Foundation for finding me worthy of this monumental honour, and for the privilege to join the two eminent past recipients of this Award, namely, Professor Wole Soyinka in 2012 and Thabo Mbeki in 2014. It is one of the greatest joys of my life that I am associated with an award named after an accomplished leader of men, iconic pan-Africanist, resolute nationalist, astute administrator, consummate family man, preeminent statesman, bridge builder, revered leader of the Yoruba people, Nigeria’s foremost federalist, one of the greatest African leaders of all time, and an epitome of the good life, Chief Jeremiah Oyeniyi Obafemi Awolowo, GCFR

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.7

* Text of a keynote lecture delivered on 6 March 2019 by the 2018 Recipient of the prestigious Chief Obafemi Awolowo Prize for Leadership, Aare Afe Babalola, OFR, CON, SAN, LL.D (Lond.), FNAILS, FNSE FCI.Arb, President Emeritus and Founder, Afe Babalola University, Ado Ekiti.

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A CRITICAL APPRAISAL OF WOMEN’S REPRODUCTIVE RIGHTS IN NIGERIA

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Lilian Akhirome-Omonfuegbe*

ABSTRACT

This article examines the existing legal framework in Nigeria on reproductive health rights. It highlights how the dearth of women’s reproductive rights laws in Nigeria continues to stifle the equal and adequate protection of women in family and larger societal contexts. The patriarchal nature of the Nigerian society, coupled with gaps in extant laws on women’s rights, continue to deny women access to services, facilities and platforms which men have unfettered access to. Though studies abound in the area of human rights, the approach is usually purely empirical, medical or portraying a sociological point of view. By determining the highlighted issues, this article aims to postulate a model for the strengthening of the existing legal framework. This article suggests that enacting gender specific reproductive health laws in Nigeria, amending the provisions of the federal and state laws, including creating gender equality policies; and domesticating and implementing the already ratified international laws on gender equality and justice, could further advance the enforcement and protection of women’s reproductive rights in Nigeria.

Keywords: Oil and Gas, Revenue, Law, Institutional Framework.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.5

* LLB (Ekpoma), BL (Enugu), LLM (Wales), Lecturer, Faculty of Law Benson Idahosa University lakhirome@biu.edu.ng.

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FRAMING PETROLEUM REVENUE MANAGEMENT LAW FOR ENERGY SECTOR REFORM IN NIGERIA

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Law Amadi* and Peter Chukwuma Obutte**

ABSTRACT

This article considers the introduction and conceptual frameworks for petroleum revenue management law with a view to applying it in Nigeria. It examines the sources of petroleum revenue to enhance assessment and collection. The article examines the structure of the legislation and institutions regulating the petroleum sector by categorizing and highlighting the subset of petroleum revenue management for efficient application. It further argues that prudent management of petroleum revenue is measured through the indicators of transparency and accountability, sustainable development, sovereign wealth fund, low corruption level, socio-economic well-being, good health and sustainable environment. This article is imperative in that it streamlines the legislation and institutions, block revenue leakages and guarantee sustainable development. It will further ensure that revenue generated from petroleum

* LL.B (RSU), BL (Lagos), LL.M, PhD (Ibadan), Centre for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, Nigeria. Corresponding author. Email address: amadidelaw@yahoo.com Telephone: +234(0)8038489275 ** LL.B (Ibadan), BL, LL.M (Ife), Cert. Antitrust (Fordham), Sp. LL.M, LL.D (Oslo). Acting Head, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria. Deputy Director (Academics), Centre for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, Nigeria.

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A COMPARATIVE ANALYSIS OF THE USE OF UNSOLICITED PROPOSAL FOR THE DELIVERY OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS IN AFRICA

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George Nwangwu*

ABSTRACT

As countries across Africa continue to look for ways to develop their infrastructure, the use of Unsolicited Proposals (USPs) in the procurement of Public-Private Partnership (PPP) projects have become very popular across the continent. This is despite the widely held view that this procurement model should be used with caution since it stifles competition, is susceptible to abuse and, therefore, likely to lead to the delivery of projects that do not deliver value for money. However, apart from a few studies and despite the very pervasive use of USPs across the continent, there has been very minimal academic inquiry on the use of this procurement approach in Africa. This article, therefore, contributes to this very important area by first distilling a best practice framework as a guide for countries to use in procuring USPs. Secondly, the paper evaluates the experiences of four different African countries in the use of USPs, using the framework as a guide. The lessons learnt are then used to make recommendations for improvement in the procurement of USPs across Africa.

Keywords: Public-Private Partnerships; Unsolicited Proposals; Procurement; Infrastructure; Project Financing; Sustainable Development.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.4

* Dr George Nwangwu, Research Fellow, African Procurement Law Unit, Department of Mercantile Law, Stellenbosch University, South Africa. gnwangwu@gmail.com

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SEPARATING THE WHEAT FROM THE CHAFF: DELIMITING PUBLIC POLICY INFLUENCE ON THE ARBITRABILITY OF DISPUTES IN AFRICA

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Akinwumi Ogunranti*

ABSTRACT

This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a means to protect national economic interest against foreign manipulation or exploitation. Anchored on Morgan’s theoretical approach, this article criticizes the excessive role of public policy in determining the arbitrability of disputes in Africa. It calls for a change to reflect the global trend through judicial activism and legislative reform. Although protecting national economic interest is an important goal, restricting matters that are arbitrable will not promote foreign investment. Therefore, countries in Africa must fashion arbitration practices that reflect their socio-economic background as well as contemporary arbitral trends around the world.

Keywords: Arbitration; Africa; Party Autonomy; Public Policy

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.6

* Doctoral Student, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia, Canada. Email: ak950986@dal.ca.

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NATIONAL STRATEGIES TO PROMOTE RENEWABLE ENERGY DEVELOPMENT: WHITHER NIGERIA?

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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

* 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

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LINKING THE SDGS WITH HUMAN RIGHTS: OPPORTUNITIES AND CHALLENGES OF PROMOTING GOAL 17

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Wekgari Dulume*

ABSTRACT

The 2030 Agenda for Sustainable Development is grounded in different international human rights instruments. Human rights (HR) principles and standards are strongly reflected in several of the Sustainable Development Goals (SDGs) and targets. Furthermore, SDG 17 emphasizes partnership as a key to achieving all of the SDGs. This article examines the SDGs-HR linkage in general, as well as specific HR principles that can be advanced by the achievement of SDG 17. Opportunities and challenges to promote Goal 17 of the SDGs that directly affect certain HRs are also examined. A review of relevant literature, 2030 summit documents, and outcomes of recent international conferences on the SDGs is undertaken in order to determine the progress made towards forging regional and global partnerships for the SDGs, as envisaged in Goal 17. This article finds that the absence of a political will and commitment, increased isolationist policy, narrow nationalism and poor rule linkage at national and international levels are some of the obstacles to the attainment of Goal 17. Yet, opportunities abound to promote the Goal. The article recommends a genuine commitment to implementing the SDGs by encouraging the South-South and North-South to prevent the SDGs from becoming a mere wishlist. Synergy between the government, individuals, civil society organizations (CSOs) and transnational corporations (TNCs) is equally very important.

Keywords: Human rights, sustainable development goals, partnership for the goals.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.3

* LL.B, LL.M, Member of the Editorial Committee, Oromia Law Journal, Senior Legal Researcher at Oromia Justice Sector Professionals Training and Legal Research Institute, Ethiopia. Email: wekgaridulume@yahoo.com

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PETROLEUM REVENUE MANAGEMENT IN GHANA: THE EPOCH OF HIGH EXPECTATION IN PERSPECTIVE

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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.

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DOING IT RIGHT: A RULE OF LAW CRITIQUE OF PRIVATIZATION METHODOLOGY IN NIGERIA

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Sam Amadi*

ABSTRACT

This article undertakes a rule of law critique of privatization as economic reform policy in Nigeria. The rule of law approach interrogates not just the policy rationales of the programme but also its methodology. The article distinguishes between a formal and substantive justice conception of rule of law and argues that the substantive justice conception of rule of law and its policy imperatives, sourced from the Fundamental Objectives and Directive Principles of State Policy in Chapter 2 of the 1999 Constitution, provides a veritable framework to realize the strategic goals of privatization in Nigeria.

Keywords: Privatization, rule of law, justice, efficiency, economic growth, equality, fundamental human rights, social justice.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.4

* LLB (Calabar), BL, LLM, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja. Email: samadi29@yahoo.com

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ENVIRONMENTAL RIGHTS IN ETHIOPIA: SHIFTING FROM THEORY TO PRACTICAL REALIZATION

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Desalegn Amsalu*

ABSTRACT

Influenced by developments in the international environmental rights law, most African countries now incorporate in their Constitutions or other major legal documents environmental rights for their citizens. The 1995 Federal Constitution of Ethiopia, its environmental policy, and all subsequent legislation also incorporate environmental rights that are in the major international environmental law conventions. These rights include the right to a clean and healthy environment, the right to access justice, as well as the right to information and public participation. However, the environmental rights that are included in the country’s Constitution, policies and laws are simply rhetorical. For example, in Addis Ababa, the country’s capital, residents suffer from such horrendous odour oozing out of the putrefaction of the environment. Consequently, children and even adults are affected by various diseases such as respiratory and skin infections. Some residents even abandon their homes, not being able to resist the pollution of their environment. The government’s lack of human resource capacity and appropriate technology to promote a healthy and safe environment; its preference of economic growth over environmental protection; environmental corruption; and poor responsiveness of the public, the policy makers, the executive, as well as the judicial organs such as the police and the court to environmental rights, are among the major causes of poor implementation. The article examines how environmental rights could be given due attention as an extension of basic human rights and as a tool for sustainable economic development.

Keywords: Environmental rights, theory, practice, factors for poor enforcement, Ethiopia.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.4

* Desalegn Amsalu LLB (Hons), MA, and PhD (Addis Ababa University), currently legal researcher at Addis Ababa University, Ethiopia. Email: desalegn.amsalu@aau.edu.et. This work is done based on funding from Addis Ababa University under a thematic research award from 2014-2016. Any opinion, finding and conclusion or recommendation expressed in this article is that of the author only

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SUSTAINABLE DEVELOPMENT LAWS IN ETHIOPIA: OPPORTUNITIES AND CHALLENGES OF THEIR IMPLEMENTATION

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Teferi Bekele Ayana* and Wekgari Dulume Sima**

ABSTRACT

Despite the recognition of sustainable development in different legal documents and laws in Ethiopia, implementation in its fullest sense remains a key challenge. This article examines the place of sustainable development under the Federal Democratic Republic of Ethiopia (FDRE) Constitution and other national environmental laws. It discusses the challenges of promoting sustainable development in Ethiopia by reviewing the existing and relevant literature and assessing legal documents and commitments made by the country. The article recommends the working together of government as well as environmental and investment institutions to make coordinated and coherent efforts to advancing effective implementation of sustainable development and the realization of SDGs in Ethiopia.

Keywords: Sustainable Development, Constitution, Environmental Laws, Challenges

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.3

* LL.B, LL.M, Editor-in-Chief of Oromia Law Journal, and Senior Legal Researcher at Oromia Justice Sector Professionals Training and Legal Research Institute. Email: bekele.teferi@yahoo.com

** LL.B, LL.M Candidate, Senior Legal Researcher at Oromia Justice Sector Professionals Training and Legal Research Institute. Email: wekgaridulume@yahoo.com.

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TURNING FISH SOUP BACK INTO FISH: THE WICKED PROBLEM OF AFRICAN COMMUNITY LAND RIGHTS

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Robert Home* and Faith Kabata**

ABSTRACT Africa’s postcolonial disputes over community land rights are a “wicked” problem, not evil, but resistant to resolution. This article investigates three such disputes in Kenya (Endorois, Ogiek and Nubian community) where the African Commission and Court of Human and Peoples’ Rights have determined in the communities’ favour but the implementation is not progressing, both because of opposition by the state and the complex and long-standing nature of the cases. The legal history of colonial trust lands and recent community land legislation is discussed, the three key cases are summarized, and issues of indigenous people’s status, admissibility and respondent government discussed in relation to the UN Declarations on Rights of Indigenous Peoples (1987), Right to Development (1986), and Land Issues (2009). Practical and political aspects of implementing the determinations are examined, and recommendations proposed.

Keywords: Indigenous people’s rights; Endorois; Ogiek; Nubian community; Kibera; land law reform; African Union enforcement.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.2

* MA PhD MRTPI Emeritus Professor in Land Management, Anglia Ruskin University (UK). Email Robert.home@anglia.ac.uk.

** LL.B, LL.M LL.D Law Lecturer, Kenyatta University School of Law (Kenya) Email: kabata.faith@ku.ac.ke

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MANAGING CONTINGENT LIABILITIES ARISING FROM PUBLIC PRIVATE PARTNERSHIP PROJECTS

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George Nwangwu*

ABSTRACT

All public infrastructure projects, irrespective of how they are procured, managed and financed, generate future liabilities. This becomes even more apparent under the Public Private Partnership arrangement. A number of these liabilities are subject to a high degree of uncertainty regarding when they will arise and the financial exposure involved when they do, and are therefore said to be contingent. Contingent liabilities have the potential to undermine national macroeconomic policy and cause significant economic harm when they crystalize. This article examines the legal and institutional mechanisms available in Nigeria to manage these liabilities and suggests ways for designing a PPP delivery process with inbuilt mechanisms for identifying, mitigating, tracking, and managing them.

Keywords: Public Private Partnerships, Contingent Liabilities, Risk Mitigation

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.5

* MBA (Oxford), PhD in Law (University of Hull), Former PPP Adviser, Federal Ministry of Finance, Government of Nigeria. Email: gnwangwu@gmail.com

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

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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.

* 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.

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ADDRESSING THE ENERGY CONSUMPTION ECONOMIC GROWTH NEXUS: THE NIGERIAN CASE

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Omolola Olarinde* and Abraham Adeniran**

ABSTRACT

Energy is critical to the survival and expansion of any economy. In Nigeria, energy consumption has been skewed towards household use, and below thresholds for sector-driven growth. The article updates, in time and methodology, those studies highlighting the significance of energy use for economic growth, using the Bound test and the Auto Regression Distributed Lag (ARDL) to establish the long- and short-run relationships between disaggregated energy consumption and economic growth in Nigeria from 1990 to 2016. The variables considered are real GDP, energy consumption decomposed into electricity and petroleum consumption, labour and capital. The findings show that, in the short and long run, petroleum consumption and labour have a significant positive relationship with GDP. Furthermore, the causality results show that feedback causation between economic growth and energy consumption as well as labour exists, while one-way causation runs from labour to economic growth. The study recommends diversification of the power-generation portfolio in the country, as this will improve energy consumption. Also, full deregulating policies in the energy sector would encourage industrialization and move energy demand towards increasingly productive uses. Finally, a strong institutional framework is needed to ensure energy policies achieve their objectives and targets.

Keywords: Energy Consumption, Economic Growth, Industrialization, Error Correction.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.6

* Lecturer, Department of Economics, Elizade University, Ilara-Mokin, Ondo State & Research Fellow, Institute of Oil Gas, Energy, Environmental and Sustainable Development, Afe Babalola University. Email: omolola.olarinde@elizadeuniversity.edu.ng.

** Associate Research Fellow, Institute of Oil Gas, Energy, Environmental and Sustainable Development, Afe Babalola University

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

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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