ACHIEVING SUSTAINABLE DEVELOPMENT THROUGH TAX HARMONIZATION: POTENTIALS, PARADOXES AND POLICY IMPERATIVES

Aniyie Ifeanyichukwu Azuka*

ABSTRACT

Using Nigeria as a case study, this article examines the efficacy of tax harmonization as an option for the achievement of two objectives: the integration of a developing country with other economies, and its sustainable development. It highlights the nexus between tax harmonization – a tax policy option – and sustainable development, as well as the potentials and paradoxes of tax harmonization. The article proceeds on the premise that striking the right balance between the multiplicity of policy options when designing and implementing tax policies is a great challenge for governments; tax harmonization can be adopted for diverse reasons; and the policy of harmonization within the tax sphere impacts on development of the state. The article discusses how practical barriers and challenges associated with implementing tax harmonization may be navigated through empirical information and/or research.

Keywords: Tax, harmonization, sustainable development, Nigeria, economy.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.12

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* MPhil Taxation (Pretoria); LLM (Benin); BL., ACIArb. (UK); ACTI. Associate Research Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria.

LAW OF THE DANCE: LEGAL AND REGULATORY FRAMEWORK FOR PROMOTING APPROPRIATE MUSIC CONTENT IN NIGERIA

Augustina T. Clark*

ABSTRACT

The Nigerian music industry has evolved from humble beginnings. It has witnessed a rapid ascendance from ancient cultural songs based on the norms and customs of the people around where the music emanated, to a global multi-billion-naira industry. The industry is largely regulated by the National Broadcasting Commission, National Film and Video Censors Board, and the Copyright Protection laws and other interest bodies. These institutions have statutory roles to review and censure music contents that overstep or collide with cultural, legal, ethical or intellectual property requirements or norms. However, the recent rise in the rate of release and production of lewd, inappropriate and culturally incompatible music contents in the Nigerian music industry have generated calls for a closer review of how regulatory institutions can be strengthened to effectively address the negative impacts of contemporary music on Nigerian laws and norms, especially among youths. This article evaluates the roles of law in regulating the contemporary music industry in Nigeria to ensure coherence and compatibility with ethical, legal and cultural norms. It analyses how current regulatory institutions in Nigeria can be strengthened to effectively discharge their regulatory roles of ensuring the appropriateness of music content for the good of the Nigerian society.

Keywords: Music, appropriate content, videos, lyrics, effects, youths, culture.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.13

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* LLB (Benin), BL (Abuja), LLM (Ibadan), Doctoral Candidate (Unilorin), Member (DCON) (Professional Negotiator and Arbitrator). Contact: tobotina@yahoo.com; clarkau@abuad.edu.ng; 08023598075; 07061648378.

PRISONERS’ RIGHTS UNDER THE NIGERIAN LAW: LEGAL PATHWAYS TO PROGRESSIVE REALIZATION AND PROTECTION

Marcus Ayodeji Araromi*

ABSTRACT

A prisoner is denied certain rights as a result of the custodian judgment passed on him or her by a court of law. A prisoner in custody is specifically subjected to restraint of movement and can, therefore, not have total assurance of enjoyment of the freedom of personal liberty under the law. Be that as it may, a prisoner who is observing the sentence of court by being in custody does not totally lose his rights as a human being and must, therefore, enjoy some basic rights despite being confined to prison. In reality, prisoners are seen as being less of human beings and are not well treated when observing custodian sentence. Some rights are denied the prisoners by the prison administrators and, by extension, the State by lack of will to promote enabling environment and treatment to the prisoners. It is against this backdrop that this article appraises prisoners’ rights that are to be respected, protected and fulfilled under the law, at national, regional and international levels. The article argues that there are certain essential and set global standards for the treatment of prisoners, which are not currently followed in prison administration in Nigeria. This article examines basic fundamental human rights which should not be forfeited as a result of incarceration. It evaluates how such rights fare in the Nigerian prison system, and itemizes practical measures that must be put in place to ensure the protection and fulfilment of these rights in Nigeria.

Keywords: prisoners, human rights, health, liberty, freedoms.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.8

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* Senior Lecturer, Department of Public Law, Faculty of Law, University of Ibadan; email address: demarc007@hotmail.com, phone no: 08052236247.

POWERING NIGERIA THROUGH RENEWABLE ELECTRICITY INVESTMENTS: LEGAL FRAMEWORK FOR PROGRESSIVE REALIZATION

Peter Kayode Oniemola*

ABSTRACT

Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and promote investment in renewable energy is a major challenge. This article investigates the barriers to promotion of investment in renewable electricity in the country. These barriers include the lack of unison and clarity of roles for institutions relevant to the promotion of renewables, high cost and lack of funds, inability of consumers to bear the cost of subsidies, lack of priority access and connection to the grid, short licensing duration, and lack of adequate and reliable information, which consumers, investors and the government can rely upon. To address these concerns, and to make investments in the renewable energy sector more favourable, there is the need to develop an effective legal framework that addresses barriers to investment in renewable electricity. This article presents insights on how the law can be used as an instrument for realizing the development of renewable electricity in Nigeria.

Keywords: Renewable, energy, power, electricity, investment, sustainable development.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.4

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* LL.B (Ilorin), BL (Nigerian Law School), LL.M (Ibadan), PhD (Aberdeen), Legal Practitioner & Consultant email: petermola@yahoo.com.

REALIZING THE RIGHT TO DEVELOPMENT IN NIGERIA: AN EXAMINATION OF LEGAL BARRIERS AND CHALLENGES

Olaitan Olusegun* and Oyeniyi Ajigboye**

ABSTRACT

The United Nations General Assembly has, through several Conventions, emphasized the need for the full realization of the right to development, alongside the rights to food and clean water, the right to shelter and the right to housing. According to the United Nations, if Economic Social and Cultural Rights (ESCR) are violated, the right to development is also violated. However, the realization of ESCRs in Nigeria continues to face challenges, therefore, the realization of development remains germane both in Nigeria and the international community at large. The search for development in Nigeria, therefore, requires the grasping of the conceptualized Right to Development (RTD), and dealing with the barriers and legal challenges, which affect the realization of the RTD. This article, therefore, aims to analyse the content, commitment, and nature of the right to development and examines the barriers to its implementation in Nigeria. The article discusses problems such as governmental corruption, lack of resources, lack of institutional capacity, poverty, internal conflicts, judicial performance, lack of implementation and enforcement of laws, and concludes that the goals of sustainable development in Nigeria cannot be fully realized without a conscious effort towards reduction in corruption which can practically serve as a panacea for achieving meaningful development.

Keywords: Development, Developing Countries, Human Rights, Economic, Social and Cultural Rights

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.7

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* Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria. Email: o.olusegun @hotmail.com

** Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria. Email: oyeajigboye @gmail.com

CUSTOMARY ARBITRATION IN NIGERIA: A REVIEW OF EXTANT JUDICIAL PARAMETERS AND THE NEED FOR PARADIGM SHIFT

Muhammed Mustapha Akanbi*, Lukman Adebisi Abdulrauf**, and Abdulrazaq Adelodun Daibu***

ABSTRACT

Two forms of arbitration exist in present-day Nigeria; the first is indigenous to the various communities in the country and it is determined by the customs and traditions of the individual community. The second, which was imported, derives its source from the general laws and practice of England. The latter, which is arguably, alien to the culture and tradition of traditional Nigerian communities, has often been superimposed and applied by courts. The continuing subjugation of customary arbitration can be seen in the attitude of the Nigerian courts, whereby reliance is placed on the parameters of modern arbitration in the determination of a valid customary arbitration award in Nigeria. This article contends that the attitudes of courts in the determination of the binding nature of an award given under customary arbitration, using the parameters of modern arbitration, has caused considerable damage to the essence and potency of customary arbitration practice in Nigeria. In order to be authentic, it is contended that judicial development of customary arbitration, must respond to the traditions, attitudes and goals of the people whose society is under consideration. It should not be subject to a validity test by reference to orthodox arbitration or arbitration under the received English law. Consequently, the article examines the extant parameters to which the Nigerian courts subject the characteristics of customary arbitration in Nigeria. The article discusses the need for a paradigm shift in order for customary arbitration to respond to the exigencies of customs.

Keywords: Arbitration, custom, tradition, dispute resolution, English law, Nigeria.

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* LL.B (Ife), LL.M (Lagos), Ph.D. (KCL, London), BL; Professor of Law, Department of Business Law, Faculty of Law, University of Ilorin. Nigeria e-mail: laroungbe@yahoo.co.uk

** LL.B (Zaria), LL.M, (Ilorin) BL; Lecturer, Department of Public Law, Faculty of Law, University of Ilorin, Ilorin. Nigeria e-mail: lukmanrauf@gmail.com

*** LL.B, LL.M, (Ilorin) BL; Lecturer, Department of Private and Property Law, Faculty of Law, University of Ilorin, Ilorin, Nigeria: E-mail: abdulrazaqdaibu@yahoo.com

NESREA AND NCC REGULATIONS ON TELECOMMUNICATION MASTS: IMPLEMENTING THE PRECAUTIONARY PRINCIPLE

Tolulope Ogboru*

ABSTRACT

There have been conflicting findings in studies conducted to determine whether or not electromagnetic radiations (EMR) emitted by telecommunication masts are injurious to human health and the environment. The recent imbroglio between the National Environmental Standards and Regulations Enforcement Agency (NESREA) and the Nigerian Communications Commission (NCC) brought this matter to the fore in Nigeria. The conflict relates to the set back distance telecommunication operators are required to adopt as they site their masts near buildings. While NESREA’s Regulation provides for a farther distance because of its belief that electromagnetic radiations do have adverse impact on human health; NCC on the other hand insists that EMR does not pose any danger to human health. Having examined literature, report of studies and various opinions, it is evident that the scientific community is yet to agree on the effects of EMR on human health and the environment. This paper argues that this lack of scientific certainty should not be a reason to delay legislative action that will safeguard people’s health and their environment. The paper evokes the importance of the precautionary principle of international law to the effect that lack of full scientific evidence should not be used as a reason for postponing measures to prevent irreversible illnesses and environmental degradation that may result from EMR emitted by telecommunication masts. This paper discusses the need for regulatory agencies and the legislature to adopt the precautionary principle as they review and harmonise the two overlapping Regulations.

Keywords: Telecommunication Towers, NESREA, NCC, RF, EMR, Precautionary principle

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* LL.B, BL, LL.M, Ph.D, Senior Lecturer, Faculty of Law, University of Jos, Nigeria. Correspondence e-mail: ogboruit@yahoo.com; Tel: 08035024290.

FORUM ISSUES IN THE ENFORCEMENT OF REGULATORY OBLIGATIONS OF NIGERIAN PUBLIC COMPANIES

Olumide Famuyiwa*

ABSTRACT

Jurisdictional conflict between judicial fora is often a common issue in countries that use a mix of specialist and regular Courts to resolve civil and criminal cases. In Nigeria, owing largely to lack of clear guiding principles, this conflict reflects presently in the judicial determination of the regulatory obligations of the country’s public companies. This paper focuses on this conflict. It examines statutory and case law rules at the centre of the jurisdictional conflict between the Federal High Court and the Investment and Securities Tribunal, in relation to the enforcement of reporting obligations of Nigerian public companies. As a contribution to regulatory clarity and law reform, it proposes and discusses normative principles for the resolution of this perceived jurisdictional conflict.

Keywords: regulation, jurisdiction, banking, public companies.

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* Doctoral Candidate and College Lecturer, Faculty of Law, University of Oxford, United Kingdom. Email: olumide.famuyiwa@law.ox.ac.uk.

LEGAL STATUS OF SECTIONS 10 AND 12 OF THE NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT (2010) UNDER THE GATT REGIME

Adewale Adetola Aladejare*

ABSTRACT

The Nigerian Federal Government in 2010 made a regulatory intervention in the Nigerian oil and gas industry by enacting the Nigerian Oil and Gas Industry Content Development Act (The “Act”). The Act prescribes in sections 10 and 12 that preference should be given to ‘...goods manufactured in Nigeria’. This paper considers the legal standing of these sections in international trade law against the backdrop of the national treatment principle contained in Article III of General Agreement on Tariffs and Trade (GATT). A comparative analysis is made using Article III to establish that the two sections flagrantly violate the obligations of the Nigerian state as a member of the World Trade Organisation (WTO) and GATT. An unexplored contract alternative to legislation argument is then advanced and recommended.

Keywords: Local content, trade, GATT, WTO, national treatment

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* Adewale Aladejare, LL.M (UK), LL.B (Ife) is a lecturer at the College of Law, Afe Babalola University, Ado Ekiti.

THE PROSPECTS AND CHALLENGES OF THE PROPOSED CARBON TAX REGIME IN SOUTH AFRICA: LESSONS FROM THE NIGERIAN EXPERIENCE

Gbenga Akinwande*

ABSTRACT One of the policy instruments canvassed for the reduction of greenhouse gases (GHGs) is carbon tax. Carbon tax- an economic instrument which levies taxes on the carbon content of goods and services, is increasingly getting popular among policy makers worldwide. South Africa is one of the countries with advanced plans to adopt carbon tax as a way of reducing and discouraging the emission of GHGs. This paper analyses the proposed carbon tax in the light of South Africa’s commitment under the United Nations Framework Convention on Climate Change (UNFCCC). What lessons can South Africa learn from a similar environmental tax regime previously adopted in Nigeria?

Keywords: Carbon Tax, South Africa, Nigeria, GHGs, United Nations Framework Convention on Climate Change

GOVERNANCE AND THE CHALLENGE OF SOCIO-ECONOMIC DEVELOPMENT IN NIGERIA.

Patrick Oluwole, Ojo Friday Aworawo, and IfedayoTolu Elizabeth*

ABSTRACT

Various factors are said to be responsible for Nigeria’s current status as an underdeveloped country. These range from historical colonial experience, political instability, the monoculture nature of the national economy, and the persistent lack of commitment to focused development strategies on the part of the political elites. The most popular among the prescriptions for tackling the phenomenon of underdevelopment emphasized macroeconomic policies, economic diversification, transparency and accountability in governance and even direct distribution of resource proceeds to the general population. These solutions have not been able to adequately address Nigeria’s development challenges. However, the crucial role of the regulatory institutions, especially their oversight functions, has arguably been the missing link in establishing the complimentary relationship between governance and development in Nigeria. This paper discusses the importance of governance institutions as a fundamental determinant of robust and sustainable social and economic development in Nigeria.

Keywords: Democracy, Corruption, Governance, Socio-economic development

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* Department of Political Science and International Studies , Afe Babalola University, Ado-Ekiti.

THE RIGHT TO A HEALTHFUL ENVIRONMENT IN NIGERIA: A REVIEW OF ALTERNATIVE PATHWAYS TO ENVIRONMENTAL JUSTICE IN NIGERIA

Abdulkadir Bolaji Abdulkadir, Ph.D*

ABSTRACT

The Constitution of the Federal Republic of Nigeria includes in its Chapter Two on “Fundamental Objectives and Directives Principles of State Policy” provisions on the protection of the environment. However, these provisions are made unjusticiable by other provisions in the Constitution that oust the jurisdiction of the court to entertain any matter related to the enforceability of the provisions of chapter two of the Constitution, which includes the protection of environment. These ouster provisions have led to an explosion of scholarly views on the question of how best environmental rights could be constitutionally derived and protected in Nigeria. This paper aims to contribute to these debates. The paper explores how the right to a healthful environment can be derived and secured using other enforceable provisions in the Nigerian Constitution, and through other domesticated international instruments in Nigeria, to enhance access to environmental justice in Nigeria.

Keywords: Constitution, Environment, Health

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* LLB (Unilorin), B.L (Abuja), LLM (Unilorin) PhD (IIUM, Malaysia), Lecturer, Department of Public Law, Faculty of Law, University of Ilorin, Nigeria.

BIO PROSPECTING IN NIGERIA: EVALUATING THE ADEQUACY OF LAWS AND PRACTICES AND THE IMPLICATIONS FOR THE ENVIRONMENT

Chris Chijioke Ohuruogu* and Chukwudumebi Okoye-Asoh**

ABSTRACT

Bio-prospecting is a subject of interest especially as to its utility in environmental protection. It is the purposeful evaluation of wild biological materials in search of valuable new products and involves the application of advanced technologies to develop new pharmaceuticals, agrochemicals, cosmetics, flavorings, fragrance, industrial-enzymes and other products from biodiversity. On the face of it, bio-prospecting is a major threat to the continuous flow of genetic resources. However when substituted with other consumption patterns or when properly regulated such that benefits derived from it are invested in technologies geared towards conserving the databank of the bio resources, or the provision of the needs of the local peoples whose practices mount undue pressure on the resources, it becomes a viable tool for resource conservation. This paper examines the regulatory regime of bio-prospecting in Nigeria from international and national perspectives to evaluate their adequacy. It also examines the environmental implications of the state of affairs and recommends the protection of the local peoples’ interest, and their involvement in strategic planning and policy formulation on bio prospecting, amongst others as a way of bio conservation to profit bio-prospecting.

Keywords: Bio-prospecting, environment, biodiversity

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* Professor of Law, Department of Public and International Law, College of Law Afe Babalola University, Ado Ekiti, Nigeria. Correspondence email: ccoh2008@googlemail.com.

** Legal Consultant, Port Harcourt, Nigeria.

SAFE DISPOSAL OF MUNICIPAL WASTES IN NIGERIA: PERSPECTIVES ON A RIGHTS BASED APPROACH

Nnamdi Ikpeze*

ABSTRACT

The safe disposal of municipal waste is imperative for the realisation of several fundamental human rights, most especially the right to life and the right to a healthy environment. Nigeria is a signatory to and has ratified the African Charter on Human and People’s Rights (ACHPR). Ratification of the ACHPR comes with the attendant responsibility of maintaining a healthy environment. The entitlement to a healthy environment is also a constitutional right in Nigeria, albeit in a non-justifiable form. However challenges abound in the area of municipal waste management which negate the realisation, protection and fulfilment of the right to a healthy environment as enshrined in both the Constitution and the ACHPR. While rudimentary frameworks for waste disposal exist especially in the form of municipal and environmental laws and judicial remedies, poor funding, lack of modern scientific methods of waste management, treatment and disposal, the non-enforcement cum non-justiciability of laws and poor access to judicial remedies have resulted in the near-total failure of responsible municipal authorities to execute their mandate thus leading to an appalling state of affairs in the management of municipal solid waste in most parts of Nigeria. It may seem that the municipal authorities have contributed largely to the failure of the system by not improving capacity to meet with contemporary responsibilities. Furthermore, the prevailing piecemeal approach of treating safe disposal of wastes as an “add on” arguably demonstrates an institutional failure and inadequate understanding by authorities that without proper waste management, the realisation, protection and fulfilment of a number of social and economic human right in Nigeria will remain illusory. This paper discusses the need for a more human rights based understanding of the need for proper management and safe disposal of municipal wastes in Nigeria. This paper analyzes the existing legal framework on waste management in Nigeria and elaborates on relevant provisions of law, judicial decisions and legislative interventions that support a rights-based understanding of waste management and disposal in Nigeria; and concludes by recommending positive actions and reforms that could give impetus to a more robust and efficient waste management system in Nigeria.

Keywords: Nigeria, municipal, waste disposal, environment, environmental rights.

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* LL.B, LL.M, B.L, ACI.Arb. Lecturer, College of Law, Afe Babalola University, Ado-Ekiti (ABUAD), Research Fellow at the OGEES Institute, ABUAD, Doctoral candidate at the Department of Public and Private Law, Faculty of Law, Nnamdi Azikiwe Universtiy, Awka, Anambra E-mail 1: pioneer183@yahoo.co.uk, E-mail 2: nikpeze@ogeesinstitute.edu.ng

INTERNATIONAL LAW AND THE RESPONSIBILITY TO PROTECT: LEGAL AND THEORETICAL BASIS FOR INTERNATIONAL INTERVENTION IN NIGERIA

Oyeniyi Ajigboye*

ABSTRACT

One of the primordial aims of international law is to foster international co-operation, peace, security and amicable relations among nations of the world. Internal conflicts, however, continue to pose threat to the international order and development globally. Consequently, the Responsibility to Protect (R2P) principle has recently gained recognition as an emerging norm of international law that enjoins the international community to intervene when countries fail to protect their populations from mass atrocity crimes namely: genocide, crimes against humanity, war crimes and ethnic cleansing. One of the key foundations of the emerging R2P norm is the principle of intervention which allows international action whenever it is necessary and justifiable to reduce or resolve internal conflict among the constituent States of the world. Despite the growing application of the norms of intervention in international law, its practical implementation and effects have been received with mixed feelings. There are especially, questions whether interventions really aid or hinder international peace and security, although it may be functional to avert apparent helpless situations. This paper examines the imperatives of intervention in internal conflicts and its continued relevance in international law. It also comments on the applicability and desirability of international intervention in Nigeria in response to the Boko Haram conundrum. It argues that although intervention is appropriate as it were to protect Nigerian citizens from Boko Haram in the apparent failure of the Nigerian government so to do, international intervention should be properly regulated to ensure that it is not used as a tool to jeopardize sustainable development in Nigeria as well as in other developing countries.

Keywords: Intervention, R2P, Internal conflicts, and International Law

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* LL.M (Ibadan), B.L (NLS, Abuja), ACIArb.UK; Email: oyeajigboye@gmail.com.

JUDICIAL ATTITUDE TO ENVIRONMENTAL LITIGATION AND ACCESS TO ENVIRONMENTAL JUSTICE IN NIGERIA: LESSONS FROM KIOBEL

Rufus Akpofurere Mmadu *

ABSTRACT

This paper examines judicial attitude to environmental litigation and access to environmental justice in Nigeria. The paper employs expository analysis as its methodology in discussing the theme. Essentially, the paper finds that environmental litigations in Nigeria are bedeviled by legal technicalities such that victims of environmental pollution and degradation are ultimately denied access to justice. Ranging from issue of locus to territorial and subject matter jurisdiction, victims of oil spill and environmental degradation are often left without judicial remedies. The paper finds that consequently, the people of the Niger Delta are increasingly losing confidence in the judiciary both at the domestic and international level. This has heightened militancy and youths’ restiveness in the area leading to loss of revenues and sometimes lives. The paper notes with concern the recent trend of outsourcing justice, as evident in attempts to bring environmental pollution cases in Nigeria before domestic courts abroad. For example the celebrated case of Kiobel v Royal Dutch Shell, heard in United States of America. Kiobel is arguably a setback to this approach of searching for environmental justice before international courts and a reminder on the need to look inwards. This paper calls for judicial flexibility and a more proactive approach to legal reasoning by Nigerian courts, in order to put environmental matters on the front burner of our national discourse. Unless and until environmental justice is entrenched in Nigeria through judicial activism, Governmental inertia and unwillingness to provide remedies for victims of environmental degradation may continue to fuel militancy in the years ahead.

Keywords: Environmental Litigation, Access to Justice, Nigeria.

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* Rufus Akpofurere MMADU, LL.M, LL.B (Lagos); Barrister and Solicitor of the Supreme Court of Nigeria; Lecturer, College of Law, Osun State University, Osogbo and also Mphil/Doctorial candidate of the Obafemi Awolowo University, Ile-Ife, Osun State, Nigeria. Email: mmadurufus@yahoo.com, rufusmmadu@uniosun.edu.ng . Tel: +2348035319283, +2348127017430.

THE ENFORCEMENT OF SOCIAL AND ECONOMIC RIGHTS IN AFRICA: THE NIGERIAN EXPERIENCE

Ajepe Taiwo Shehu*

ABSTRACT

The debates on socio-economic rights have now shifted from desirability to problems of enforcement. This does not indicate that socio-economic rights have gained universality such that all countries in Africa embrace and enforce them. There are few countries such as South Africa where these rights have not only been constitutionalized, but have been duly enforced. Nigeria has them under the nonjusticiable directive principles of state policy. However, the fact today is that there are cultural and other impediments to the effective and efficient enforcement of such rights. Thus, the main objective of this paper is to identify some of these impediments and to proffer solutions. The paper depends largely on perception of the nature of socio-economic rights arguing that such rights depend squarely on the state of economy of the state and the effective and efficient management of the economic resources. The paper finds that unlike the traditional, first generation rights, the enforcement of socio-economic rights puts huge financial claims on the state and also involves legislative appropriation without which the executive cannot effectively enforce such rights even where the judiciary orders enforcement of the rights in deserving situations. The paper observes that the enforcement of such rights would also invariably depend on ability and readiness to combat the pervasive corruption in most countries of the continent. Besides, although science and technology in the area of agriculture have rendered suspect the Malthusian theory on population, African nations must control population growth in the continent, and also redirect cultural imperatives that encourage unchecked child rearing, illiteracy and poverty.

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∗ Ph.D, Senior Lecturer, Department of Public Law, Faculty of Law, University of Ilorin, Nigeria. Email Address: atshehu2000@ymail.com, atshehu2000@gmail.com, Phone: (+234) 8034810069

AN APPRAISAL OF THE POTENTIAL CONTRIBUTIONS, PARADOXES AND CHALLENGES OF IMPLEMENTING THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) IN NIGERIA.

Kenneth I Ajibo*

ABSTRACT

Nigeria is currently not a contracting party to the United Nation Convention on Contracts for the International Sale of Goods (CISG), which governs transactions and sales of goods globally. Sadly enough, the current legal framework regulating the sale of goods in Nigeria remains the 18th century Sale of Goods Act 1893 which is arguably obsolete and out of touch with modern day business reality. This paper argues that despite the potential practical challenges in implementing the CISG, Nigeria has a lot to gain economically by becoming a contracting party to CISG; particularly as the nation inches toward the target of becoming one of the world’s twentieth largest economies by 2020.

Keywords: Private International Law, CISG, Nigeria, Goods

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*Kenneth I Ajibo LL.B. BL. LL.M. PhD Candidate at the Law School, University of Hull, United Kingdom; email: K.I.Ajibo@2010.hull.ac.uk

AN EXAMINATION OF RISK ALLOCATION PREFERENCES IN PUBLIC-PRIVATE PARTNERSHIPS IN NIGERIA

Olufemi Vincent Tolani*

ABSTRACT

Risk allocation preferences are important elements of Public-Private Partnerships (PPP), as the fundamental tension in many negotiations between the public and private sector in PPPs usually comes down to the question: who is responsible for managing a particular risk? Yet research literature suggests that risk allocation preferences phenomena have not been adequately studied; hence they remain poorly understood. This paper provides an empirical analysis and study of risk allocation preferences in PPPs in Nigeria. Research participants (spanning banking, construction, and public sector groups who were selected through a convenience sampling method) completed an online survey with Likert-type items within six months (i.e. between June and November 2011) to gauge probabilities of occurrence, risk impact and risk significance of 46 risk factors pertaining to PPP projects. As data did not meet the assumptions for parametric statistics, Mann-Whitney U tests were performed to evaluate the ranked differences in the independent variables (46 risk factors) between private and public sector groups. This paper shows that 27 (59%) out of the 46 risk factors are preferred to be allocated to the private sector, while 8 (17%) risk factors are to be allocated to the public sector and 11 (24%) of the risk factors are to be equally shared between the private and public sectors.

Keywords: Risk Allocation Preferences, Nigeria, Agency Theory, Public-Private Partnerships, and Mann-Whitney U tests.

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*Director of Policy and Project Development, Ministry of Infrastructure, Alberta, Canada. Dr. Tolani (MPA) (PhD) email: otolani@ucalgary.ca.

THE CONCEPT OF GENDER JUSTICE AND WOMEN’S RIGHTS IN NIGERIA: ADDRESSING THE MISSING LINK

Ngozi Oluchukwu Odiaka*

ABSTRACT

Over the years, Nigeria has gained the unpopular recognition globally as a patriarchal society in which the inalienable rights of women are often subjected to ridicule, extensive abuse, neglect and violations. Cultural, religious and societal norms have arguably entrenched a historical imbalance in power relationships between men and women and have tilted the overall perceptions and roles of women in Nigeria. In Nigeria, it could be said that the abuse of the natural rights of a woman begins from the time of her birth and only comes to an end at the time of her death. In many parts of Nigeria, particularly the North, women who are prematurely and compulsorily betrothed to a man at birth are not allowed access to basic education and are generally burdened with domestic household chores. These becomes the foundation for a lifetime of circular and absolute dependence on a man she does not know: and upon the demise of the man her right to inherit his property is denied and her life becomes miserable because of obnoxious practices which she could be made to undergo as a sign of respect for the deceased husband. These cultural, religious and societal norms are arguably at the root of the historical neglect of women in Nigeria. The rapid ascendancy of human rights in Nigeria, coupled with Nigeria’s prominent role as a signatory to virtually all the core international human right treaties and instruments raised expectations that women in Nigeria may begin to enjoy some measure of protection from archaic and anachronistic practices that subject them to a wanton abuse. The scope of these happenings requires an extensive reflection and worthy of scholarly examination in the light of recent debates in the Nigeria National Assembly on child marriage, women’s right and the need for constitutional protection for the girl child. This paper examines the nature, scope and extent of human rights protection afforded to women under Nigerian domestic laws and under international law. It reflects on how key issues such as child marriage, women’s property rights and female succession norms and practices affect gender justice and the protection and fulfillment of the rights of women in Nigeria. It discusses the possible legal panacea to these historical and cultural challenges in this 21st century.

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*Ngozi Oluchukwu Odiaka LL.M (Ibadan) is a Lecturer in the Department of Private and Business Law, College of Law, Afe-Babalola University Ado-Ekiti: ngodiaka@abuad.edu.ng; ngodiaka@yahoo.com