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The Right of Oil Bearing/Producing Communities and Settlement of Disputes:

By Danagogo, Tamunoba-abo Wenike

One area of Human Rights Protection and Enforcement Law which has not gained the prominence it deserves is the aspect of property, environmental and personal rights of tlie oil bearinglproducing coinmunities as it pertains to oil exploration and exploitation and tlie attendant hazards. The ~nultiiiational oil companies are crying out for lack of co-operation from the host coininunities who in turn insist on maltreatment from the oil
companies, which exploit without adequate compensation. The laws governing the rights of the host colnlnunities and compensation payable to them has been acclaimed to be so insufficient and ill conceived. There has always been a yawning need for urgent measures at addressing them squarely. This has often resulted in hydra-headed conflicts and disputes the settlement of which in most cases compel the host coi~linunitiest o recourse
7 to force, litigation, l~arassment etc. An X-ray of the disputes typology with the causative factors, which in the main, are acquisition and pollution and also the grossly deficient mechanisms for settlement (in wliicli tlie multinational companies are the accused, jury and judge) will raise a plethora of critical judicial questions. In the light of the foregoing it becomes imperative for us to formulate a Legal framework for disputes settlement in the oil industry which will accord with the tenets of the fundamental human rights enshrined
in international laws and conventions like the African Charter, particularly in Articles 14, 12 and 24 thereof. Of course, it has now become trite that the African Charter is an enforceable law in the Nigerian corpus juris.

Published: 07/07/2005

Tags: The Right of Oil Bearing/Producing Communities and Settlement of Disputes

Size: 19.15MB

The Right of Oil Bearing/Producing Communities and Settlement of Disputes:

By Danagogo, Tamunoba-abo Wenike

One area of Human Rights Protection and Enforcement Law which
has not gained the prominence it deserves is the aspect of property,
environmental and personal rights of tlie oil bearinglproducing coinmunities
as it pertains to oil exploration and exploitation and tlie attendant hazards.
The ~nultiiiational oil companies are crying out for lack of co-operation from
the host coininunities who in turn insist on maltreatment from the oil
companies, which exploit without adequate compensation. The laws
governing the rights of the host colnlnunities and compensation payable to
be them has been acclaimed to be so insufficient and ill conceived. There has
always been a yawning need for urgent measures at addressing them
squarely. This has often resulted in hydra-headed conflicts and disputes the
settlement of which in most cases compel the host coi~linunitiest o recourse
7 to force, litigation, l~arassment etc. An X-ray of the disputes typology with
the causative factors, which in the main, are acquisition and pollution and
also the grossly deficient mechanisms for settlement (in wliicli tlie multinational
companies are the accused, jury and judge) will raise a plethora of
critical judicial questions.

Published: 13/09/2018

Tags: The Right of Oil Bearing/Producing Communities and Settlement of Disputes:

Size: 11.54MB

The Right of Oil Bearing/Producing Communities and Settlement of Disputes

By Danagogo, Tamunoba-abo Wenike

One area of Human Rights protection and Enforcement law which has not gained the prominence it deserves is the aspect of property, environmental and personal rights of the oil bearing/producing communities as it pertains to oil exploration and exploitation and the attendant hazards.

Published: 29/07/2005

Tags: oil, bearing, communities, disputes, 2005

Size: 17.51MB

CONSTITUTIONALISM AND THE CHALLENGES OF DEMOCRATIC GOVERNANCE IN NIGERIA

By Nwagboso, Aloysius Chijindu

Constitutionalism is the idea, often associated with the political theories of John Locke and the founders of the American republic, that government can and should be legally limited in its powers, and that its authority or legitimacy depends on its observing these limitations. Therefore, the plank upon which constitutionalism is hoisted is the constitution. Nigeria has a battered history of constitutional evolution. So many constitutions have been written for Nigeria but it is doubtful whether these constitutions have had any meaningful political impact in Nigeria. The best Nigeria has achieved is essentially constitutions without constitutionalism. However, according to Professor Okoth-Ogendo “afrikan ruling elites are attracted relentlessly to the idea of constitutions…missing the noble idea of constitutionalism” he further defined Constitutionalism as the system of government where the governing organs operate to advance the interests of the people based on the popular consent of the governed. Dominant military dictatorship has imbued the culture of political impunity in the minds of Nigerians. Consequently in Nigeria, elections are taking place without any democratic culture. Thus the end point of the discussion is that the tide of constitutionalism through democratic governance in Nigeria has been what the military carved it to be. Nigeria’s existence has been hallmarked by autocratic governance and excessive abuse of power. This study sets out to appraise constitutionalism in Nigeria with the intent to pinpoint the components and dynamics of constitutionalism and highlight the factors that militate against the growth of constitutionalism in Nigeria and also chart a roadmap for limitation on government powers. The methodology adopted is descriptive, analytical and doctrinal. It is descriptive and analytical because the study describes and analyses the state of the law in Nigeria vis-à-vis the area of focus in this work. It also examines relevant doctrines to the subject matter of this study. All in all, the work advocates that Nigeria though under democratic governance is yet to develop democratic cultures. The work then made recommendations that will help to ensure accelerated development of democratic culture in Nigeria.

Published: 01/03/2017

Tags: constitutionalism, democratic governance, challenges

Size: 276.52KB

ISSUES AND CHANLLENGES IN ALIENATION OF FAMILY LAND HOLDING IN NIGERIA

By Tudi Obiyo Owotorufa

This research investigates the issues and challenges encountered or suffered in alienation of family land by purchasers in Nigeria, particularly in Yoruba and Ibo customs since 1960 to date. The Land Use Act, 1978 was promulgated to abolish all forms of ownership and convert the ultimate title to a mere Right of Occupancy which is the highest interest capable of existing in land holding in Nigeria. Right of Occupancy is intended by the Act to be recognized in an individual member of the family as an occupier or holder rather than the family as a unit. The Land Use Act is aimed at altering the absolute title of all forms and vest it in the Governor of each state in the Federation to hold in trust and administer same for the use and benefits of all Nigerians. The research is inspired by the uncertainty and precarious state of alienation of family land which is often based on the principle of consent by the head and principal members of the family. It has become a general practice in Nigeria that absolute title to family land can only be transferred by the head of the family with the consent of the principal members of such family. It is also observed that the alienation of family land invests excessive powers on the head of the family compared to that of the principal members of same family. The alienation of family land by the head of the family without the consent of the principal members is voidable and not necessarily void in law. While the alienation of same by the principal members of the family without the consent of the family head is void and can in fact be nullified at the suit of any member of the family. This is common with respect to polygamous families in Nigeria. In spite of the abolition of communal and family land holding conveyancers still convey family land to purchasers without considering the implication as provided under the Act. This research adopted the expository and analytical designs. Recourse was made to primary source materials, namely, statutes and case law. Also reliance was placed on secondary source materials, that is, textbooks, journals, articles, workshop and seminar papers, newspapers, magazines and internet materials. Comparative method was also used in achieving its objectives. This research reveals that alienation of family land, especially with respect to polygamous families, presents difficulties in Nigeria. The challenges encountered by purchasers with respect to the issue of consent by the head and all principal members of the family to confer a valid title on a purchaser was identified. The abolition of family land holding under the Land Use Act has not helped the position of purchasers as shown in Ibo and Yoruba areas of Nigeria, as over 30% of purchasers of family land end up purchasing a long drawn litigation and suffers damage, injury or loss as a result of defective customary title. The issue of consent by the head and principal members of the family for alienation purposes has not resolved or reduce increasing rate of litigation encountered by purchasers. Finally, this research proposes recommendations that a power of attorney executed in favour of a member of the family, authorizing him to undertake conveyances on behalf of the family rather than the family as a whole was a reasonable panacea for withholding of consent and will make family land dealings easier. The research therefore concludes that the Land Use Act should be reviewed and simplified to increase accessibility to land by purchasers without stress.

Published: 01/01/2017

Tags: alienation, family land, challenges

Size: 162.66KB

ANALYSIS OF THE NATIONAL INDUSTRIAL COURT ACT 2006 UNDER THE NIGERIAN CONSTITUTION

By Kenneth Ikechukwu, Amadi

The National Industrial Court (hereinafter referred to as the NIC) was established in 1976 by the Trade Disputes Decree No 7 of 1976 with jurisdiction to settle trade disputes, the interpretation of collective agreements and matters connected therewith. There were identifiable lapses in the status, powers and jurisdiction of the NIC that impacted negatively on its operations; the jurisdiction of the Court which was expressed to be exclusive was shared with the Federal and State High Courts, the Court lacked competence to make declarations and orders of injunction and thus seen as an inferior court. This state of affairs gave impetus to the enactment of the National Industrial Court Act 2006 (hereinafter called the NIC Act 2006) which granted the NIC a superior court status, with exclusive civil jurisdiction to deal with labour and other related matters. This NIC Act 2006 generated a lot of controversies in terms of the exclusive jurisdiction and superior court status granted the Court by the Act, in view of the constitutional provisions thereof. Consequently, the Constitution (Third Alteration) Act 2010 was enacted to remedy the situation. The perceived problem that motivated this study is the heated controversy generated by the inadequacies of the NIC Act 2006.The objective of this work is to ascertain whether the Constitution Third Alteration Act 2010 addressed those inadequacies of the NIC Act 2006 and achieved the goal of institutionalizing the NIC as a specialised court for the resolution of labour labour disputes and other related matters, employment, industrial relations, and other related matters. The method employed was to examine the provisions of the NIC Act 2006 and that of the Constitution (Third) Alteration Act 2010. This work found out that though the Constitution (Third) Alteration Act 2010 corrected some of the lapses of the NIC Act 2006 and expanded the jurisdiction of the NIC, there still exist loopholes identified among others to include the inadequate Constitution of the NIC by at least 13 (thirteen) judges and lack of prescription by an Act of the National Assembly for appeals to the Court of Appeal over its decisions. It was recommended among others that the NIC should be constituted of not less than 37 Judges and that the National Assembly should make a prescription for appeals to the Court of Appeal from the decisions of the NIC.

Published: 01/10/2014

Tags: NIC Act 2006, Nigerian Constitution

Size: 634.00KB

ANALYSIS OF GENOCIDE AND INSURGENCY IN NORTHERN NIGERIA

By Nwabuilo, Maureen C.(mrs.)

War is gradually taking the front burner in international politics. In some case peaceful resolution of a crisis is possible and fully exploited to achieve peace and order in a state. However, where such attempt to resolve crisis fails, skirmishes and clashes may snowball into war. The impact of war on human population has invariably been sanguinary, devastating and catastrophic. Sometimes, the population of a nation is completely extirpated through bloody massacre geared towards the complete extermination of a group in a state. Irrespective of the fact that such massacre occur in war situations, it is still considered to be a crime in the International Criminal Law. This is called genocide.In Nigeria, the Northern region has become a flashpoint of violent clashes. The region has been deeply enmeshed and suffused in political and ethno-religious conflicts characterized by genocidal attacks, bombing, maiming and killings of several persons, loss of business investments, and properties worth several billions of naira. Within the space of eleven years, several violent political ethno-religious conflicts have been reported in Northern Nigeria and all efforts to restore peace have not achieved the desired end. This dissertation examines the International Criminal Law on the crime of genocide with a view to establishing what significance, if any, the International Criminal Law on genocide has for Nigeria and other African countries. The methodology adopted in this work is descriptive, analytic and illustrative. The work describes what constitute the offence of genocide and analyses the principles of International Criminal Law on it. It also illustrates genocide by giving instances where genocide has occurred in the past. The main source of data for the work includes statute, case law, books and article written by pundits in the area of study. The result of the study shows that there is no serious commitment in International Criminal Law to ameliorate the commission of the crime of genocide. Worst still, there is no law of genocide in Nigeria and other African countries yet and recommends the need to fill this lacuna.

Published: 01/01/2015

Tags: genocide, insurgency, northern Nigeria

Size: 240.28KB

IMPACT OF SECURITY SYNERGY BETWEEN THE POLICE AND COMMUNITY POLICING ON THE CONSTITUTIONALLY GUARANTEED RIGHTS IN NIGERIA

By Ume, Hope Chinelo Adaobi (mrs)

The escalation of criminal activities in recent times in Nigeria has necessitated the invention of a new approach to crime control and prevention. Ordinarily, the police are saddled with the responsibility of crime prevention and control. However, the high rate of violent crimes, political thuggery, kidnapping, bombing, vandalism, prostitution and corruption has led to the adoption of community policing strategy in most localities to supplement the efforts of the Nigerian Police in combating crimes. Community policing is a strategic effort at co-opting and utilizing the people to prevent crime among the people by the people themselves. It is therefore the position of this study that in this synergy between the police and community policing strategy fundamental rights of the people have been grossly violated. The methodology adopted in this work is descriptive and analytical. The dissertation describes the philosophical foundation, organization and management of community policing. It also analyses the implications of the adoption of community policing on the components of the criminal justice system. The study concludes that police is confronted with numerous challenges which if not tackled will hamper their work and leave the citizenry at the mercy of recidivists. However, the introduction of community policing outfits appears to have brought hope in crime control and prevention. Consequently, the police effectively and efficiently patrol the streets with the complementary role of community policing outfits. But the notwithstanding the immense benefits of this security synergy, both the police and community policing outfits flagrantly violate people’s fundamental rights and the need to address the challenges for fundamental human rights confronting the police and community policing outfits must be addressed. As part of the recommendations, the study maintains that the police must recognize that it is in its interest to provide officers who are competent, honest and responsive to the needs of the community. Also, it must follow the guiding values central to community policing which include trust, cooperation, communication, ingenuity, integrity, initiative, discretion, leadership, responsibility, respect and a broad end commitment to public safety and security. Consequently, the police must establish an effective partnership with the community as a whole the foundation of which is mutual trust, and understanding.

Published: 01/03/2015

Tags: security synergy, police and community policing,

Size: 208.94KB

GENDER CRIMES IN THE ROME STATUTE OF INTERNATIONAL CRIMINAL COURT (ICC): CHALLENGES FOR MUNICIPAL CRIMINAL JUSTICE SYSTEM

By ,obi-ochiabutor, Clara C

GENDER CRIMES IN THE ROME STATUTE OF INTERNATIONAL CRIMINAL COURT (ICC): CHALLENGES FOR MUNICIPAL CRIMINAL JUSTICE SYSTEM

Published: 08/10/2007

Size: 7.95MB

The Bail System: A Comparative Study

By Niki, Tobi

The Bail System: A Comparative Study

Published: 07/06/1982

Size: 22.60MB

The Right of Oil Bearing/Producing Communities and Settlement of Disputes:

By Danagogo, Tamunoba-abo Wenike

One area of Human Rights Protection and Enforcement Law which has not gained the prominence it deserves is the aspect of property, environmental and personal rights of tlie oil bearinglproducing coinmunities as it pertains to oil exploration and exploitation and tlie attendant hazards. The ~nultiiiational oil companies are crying out for lack of co-operation from the host coininunities who in turn insist on maltreatment from the oil companies, which exploit without adequate compensation. The laws governing the rights of the host colnlnunities and compensation payable to b them has been acclaimed to be so insufficient and ill conceived. There has always been a yawning need for urgent measures at addressing them squarely. This has often resulted in hydra-headed conflicts and disputes the settlement of which in most cases compel the host coi~linunities to recourse 7 to force, litigation, l~arassment etc. An X-ray of the disputes typology with
the causative factors, which in the main, are acquisition and pollution and also the grossly deficient mechanisms for settlement (in wliicli tlie multi- national companies are the accused, jury and judge) will raise a plethora of critical judicial questions.
In the light of the foregoing it becomes imperative for us to formulate a Legal framework for disputes settlement in the oil industry
which will accord with the tenets of the fundamental human rights enshrined in international laws and conventions like the African Charter, particularly in Articles 14, 12 and 24 thereof. Of course, it has now become trite that the
African Charter is an enforceable law in the Nigerian corpus juris.

Published: 04/07/2005

Size: 11.54MB