The ESUT Public Law Journal is a scholarly publication of the Department of Public Law, Faculty of Law, Enugu State University of Science and Technology. The journal provides a reputable academic platform for the dissemination of original research, critical analyses, and informed discourse on contemporary issues in public law, including constitutional law, administrative law, human rights, governance, and public policy. It aims to promote intellectual engagement among academics, legal practitioners, judges, and policy makers, while contributing to the development of legal scholarship and the advancement of justice, good governance, and the rule of law in Nigeria and beyond.
AIRLINE OPERATION IN NIGERIA AND BRITAIN AND DUTIES OF CIVIL AVIATION AUTHORITY
Provisions of the regulation of Air Operations are published in several documents. For an airline operation to be established, it is germane that the prospective airline operator must follow the rules and particularly the rules of the State in which the airline is to be established. He must comply with Aviation operation statutory requirements for airline operation and Civil Aviation Authority. The enterprise requires a lot of processes. The entrepreneur who wishes to establish an airline operation must do findings to know the best mechanism to be adopted toward establishing such and for its sustainability as a going concern. This article gives brief historical development of airline operations in Nigeria and Britain, the licensing process and the role of Civil Aviation Authority and operating permission, the routes specification, National control of the traffic market and the freedoms of the air were analysed. The objective of this Article is to set out the basic requirements and processes for an airline operation particularly in Nigeria. This Article shows that Nigerians and the Federal Government apparently did not follow and adopt maintenance principles which gave rise to the collapse of the federal government airline and some private individuals that established airline operations. This article adopted the doctrinal approach relying on primary and secondary sources of information. Comparing the two countries, Nigerian airline operation is work in progress and there is still need for future expansion.
Civil Aviation, Airline Operation, Air Transport Licensing, Environmental Issues
ADMISSIBILITY OF UNREGISTERED REGISTRABLE INSTRUMENT TO PROVE OWNERSHIP IN LAND: BENJAMIN V KALIO (2018) 15 NWLR (PT 1641) 38 AND ABDULLAHI V ADETUTU (2020) NWLR (PT1711) 338 (SC), AS CASE STUDY
Proof of ownership in land constitutes an important aspect of property law practice in Nigeria. Amongst the various ways of proving interest or title to land is the presentation of instruments of title. Admissibility of title document and indeed other pieces of evidence is regulated by law. This article appraised the admissibility of unregistered registrable instrument in proof of interest in land, be it interest or ownership in land vis-à-vis the decisions of the Supreme Court in Banjamin v Kalio and Abdullahi v Adetutu. It was observed that the court in Abdullahi’s case did not take a holistic approach in reaching its decision that an unregistered registrable instrument is not admissible to prove interest in land, but only admissible to evidence transaction of both parties, as well as evidence purchase receipt. The Supreme Court in Benjamin’s case meticulously observed the Rivers State Land Instruments (Preparation and Registration) Law, which is similar to land instruments law of various States in Nigeria, its previous decisions on the subject matter, the Evidence Act 2011 and the Constitution of Federal Republic of Nigeria, 1999 (As Amended) in reaching her decision. In analyzing both decisions, the writers opined that irrespective of the contrary decision of the Supreme Court on admissibility of unregistered registrable instrument with Abdullahi v Adetutu being the later in time, Benjamin v Kalio represent the correct position of the law. In concluding this article, the writers expressed optimism that the Supreme Court will have no difficulty in affirming Benjamin v Kalio as the correct position of the law where it is faced with both decisions for consideration.
Admissibility, Instrument, Interest, Stare Decisis, Inconsistency
Obinuchi Chimezule & Handsome O. Kinikanwo Esq
GENDER ROLES UNDER IGBO CUSTOMARY LAW: A REVIEW OF THE DECISION IN MICHEAL EZE & ORS V AGNES NNAMANI, SUIT NO. CCAE/31/2014
Gender roles are assigned a priori under native customs acceptable to the people. These customs, founded on the underlying philosophy of ontology of the people, have been the basis of relationships and interaction among natives. This ontology can only be appreciated when viewed from the people’s prism. And unless this is understood, controversy over gender will continue to attend communal living. Questions such as who is entitled to perform funeral rites of a deceased who died intestate without a surviving male child and inherit the property of the deceased? What is the impact of a subsisting marriage of a daughter of the deceased in such circumstance? Could the absence of a legal right ground a claim based on natural justice, equity and good conscience? To what extent can a custom accepted to the people of a community be repugnant in the absence of a legal right? These issues will engage our attention in this review. The scope of this research is to examine the vexed and contentious issues of gender roles and gender entitlements under native law and custom, using the case under review as a paradigm. The methodology employed is essentially doctrinal.
Gender Roles, Customary Law, Review, Decision.
ENVIRONMENTAL IMPACT ASSESSMENT AND SUSTAINABLE DEVELOPMENT: A REVIEW OF THE RELEVANT NIGERIAN LEGAL FRAMEWORK
Environmental impact assessment (EIA) is a crucial tool for ensuring sustainable development by mitigating the adverse effects of projects on the environment. This paper provides a comprehensive review of the Nigerian legal framework governing EIA and its implications for sustainable development. Employing a doctrinal research methodology, the study examines key statutes such as the Constitution, the Environmental Impact Assessment Act, the Petroleum Industry Act, and the Minerals and Mining Regulation Act. Findings reveal significant challenges hindering the effective implementation of EIA in Nigeria, including inadequate enforcement mechanisms, insufficient public participation, and gaps in the existing legal framework. Recommendations are provided to enhance the effectiveness of the Nigerian legal framework for EIA, including strengthening enforcement mechanisms, enhancing public participation, and improving coordination among relevant government agencies and stakeholders.
Environment, Environmental Impact Assessment, Sustainable Development
ADDRESSING THE LETHARGY IN THE CAPTURE FISHERIES INDUSTRY: ADVOCACY FOR PROGRESSIVE FISHERIES MANAGEMENT POLICIES
This paper examines the governance of capture fisheries industry in Nigeria with a view towards advocating for a progressive fishery management policies for the sector. Although there are extant policies in the fisheries industry (comprising legislative and administrative policies), offenders commit infractions with impunity, artisanal fishers are left without critical support while relevant agencies are unable to implement the critical aspects of the administrative policies that are geared towards boosting the fishing activities in the sector. There is a huge regulatory gap where many of the fishers are able to promote their mercantile instinct over the values embedded in legislation whereas policies meant to sustain small-scale fishers are hardly implemented. Therefore, in view of the huge regulatory gap, this paper identifies, reviews and interrogates some of the contents of the policies. It finds that aspects of the existing legal regime are outdated or unenforced, critical support that artisanal farmers need are withheld from them, and many of the administrative policies are hardly implemented. Therefore, in order to overcome the current comatose state of the fisheries sector, the paper suggests a progressive approach to the institution of fisheries management policies for the benefit of stakeholders including the artisanal fishers, relevant government agencies, citizens and the country.
Capture fishing, illegal unreported and unregulated fishing, marine, management policies, legislations
S A Igbinedion; A Z Aderolu; A O Lawal-Are; O O Soyinka; A O Ayeni; M O Lawal; S O Akinyele; P E Okonji; M O Ilori
MINIMUM AGE FOR CRIMINAL RESPONSIBILITY IN NIGERIA AND THE IMPLICATIONS OF SECTION 1(2)(A) OF VIOLENCE AGAINST PERSONS (PROHIBITION) ACT 2015
A person’s mental fitness and ability to understand his[1] conduct at the time he is committing a crime is what is referred to as criminal responsibility. Where this ability is lacking, and where the law makes exemption, there is no criminal responsibility. Before the Violence Against Persons (Prohibition) Act (VAPPA) 2015 came into force, under the Nigerian criminal justice system, a child under the ages of 7 is not capable of committing crime and a child below the age of 12 is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. A male person under the age of twelve years is presumed to be incapable of having carnal knowledge. Nonetheless, in 2015 the VAPPA came into force with a provision under its section 1(2) (a) that a person convicted of rape under subsection (1) of section 1 of the Act is liable to imprisonment for life except – “Where the offender is less than 14 years of age, the offender is liable to a maximum of 14 years imprisonment.” The question is, what is the implication of the above VAPPA provision on the minimum age immunity principle under the Nigerian criminal justice system? Furthermore, is the VAPPA inconsistent with the Constitution of the Federal Republic of Nigeria 1999(Fourth Alteration), and does it override the Criminal Code, Penal Codes, Administration of Criminal Justice Act 2015 or the Childs’ Right Act 2003 on the minimum age immunity principle by so providing? This article aims at examining the legal implications of section 1(2)(a) of the VAPP Act 2015. The research adopts entirely a doctrinal approach.
Minimum Age, Criminal Responsibility, Child, Nigerian Restorative Criminal Justice System
ARBITRATION AGREEMENT AND THE LAW: DOES IT ALIGN WITH THE AGE LONG IGBO CUSTOMARY TRADITION?
Arbitration agreement is a contract whereby parties thereto agree to refer present and future disputes to arbitration. It is the bedrock of arbitration proceeding particularly non-statutory arbitration because without the voluntary agreement of the parties there would be no platform for arbitration. Arbitration being a private arrangement, parties are at liberty to agree virtually on all issues that govern and control the arbitration proceeding. However, arbitration agreement does not operate in a vacuum or in isolation of the law. There is a legal system which governs or provides the framework for private transaction. It is on this note that this research questions whether parties can contract outside the law considering the principle of party autonomy? If they can to what extent are they allowed to go? This article looks at arbitration agreement and the legal system considering the extent or whether it aligns with the age long Igbo customary tradition. In the process of the research, we adopted doctrinal approach whereof we used the constitution, statutes, case laws and opinion of law writers. The latitude and the ambit of this work is founded on the principles that control Nigerian legal system and Nigeria as a case study. At the conclusion we found that arbitration agreement and its proceeding is not unconnected with the legal system of any nation where it may be applied.
Arbitration, Arbitration Agreement, Applicable Law, Customary Law Arbitration
STATUTORY SAFEGUARDS FOR HEALTH RESEARCH PARTICIPANTS IN NIGERIA: A COMPARATIVE ANALYSIS
For a long time in history, the tales of health research involving humans have been like that of vile assailants and their pitiable victims. These victims (participants) were not only misinformed but were also exposed to unethical practices highly inimical to their physical, psychological, social and emotional well-being. While experiments like the Tuskegee syphilis study and the Nigerian Trovan study recorded a good number of deaths, experiments like the Stanford Experiment, Albert Kigman and Herbert Copelan Experiment caused severe impairments on the credulous participants. To ensure that these unethical practices were only found in history archives, international and domestic communities established certain legal frameworks, international standards and best practices to ensure that human participants were properly protected. These frameworks equally made provisions for regulatory institutions to ensure that these established frameworks are complied with. However, the pertinent question remains, has the creation of these legal frameworks totally eradicated unethical conducts in health research involving human participants in developing countries? Has Nigeria’s approach on the subject matter been effective? Or has it been a case of docile institutions and failure to comply with the available legal frameworks? To provide plausible answers to these disconcerting questions, the paper will undertake a comparative analysis of some selected legal frameworks in Nigeria and in USA and the said comparison will revolve around the process of obtaining informed consent from the research participants, vulnerable population, selection/ recruitment process of research participants and the ethical review process as it relates to the protection of these human research participants. While at it, the paper found that despite minute disparities, there were huge similarities between the two jurisdictions (Nigeria and USA). Consequent upon these findings, the study also made some recommendations. This paper, while adopting the doctrinal methodology of research, employed the analytical and comparative research approaches.
Ethical Review, Informed Consent, Vulnerability, Compensation, Human Participants
UNHEALTHY TREATMENT AGAINST REFUGEES AND ASYLUM SEEKERS IN THE MIDST OF THEIR CONFUSION
This article delves into the complex and challenging experiences of refugees and asylum seekers amid the global crisis, shedding light on the multifaceted issues they face. Beginning with an overview of the global refugee crisis, the article emphasizes the distinction between refugees and asylum seekers, highlighting the reasons for displacement, including conflict, persecution, and environmental factors. It explores the intricate legal frameworks and challenges that asylum seekers encounter during their pursuit of safety, ranging from legal barriers to discrimination and detention. The humanitarian crisis is examined through the lens of living conditions in refugee camps, the impact on mental health, and the struggles related to accessing education and healthcare. The article underscores the crucial role of support and advocacy, discussing the contributions of NGOs, international organizations, grassroots initiatives, and community support, while also emphasizing the need for heightened awareness. Furthermore, it delves into the influence of government policies on the experiences of refugees and asylum seekers, analyzing the effectiveness and shortcomings of current approaches. The concluding section offers insights into potential future perspectives, exploring solutions to the refugee crisis, the importance of global cooperation. This research adopts the doctrinal method.
Yusuf Amuda-Kannike & Abiodun Amuda-Kannike
THE ROLE OF DEBT RECOVERY AGENTS AND SOLICITORS IN ASSET REALIZATION
Every lender will have to deal with an insolvency or dissolution of one of its borrowers. Therefore when a business that has debts becomes insolvent, it's the responsibility of the insolvency practitioner to identify and assess the company's assets and release funds through these assets to pay the business' creditors because recovering funds with which to pay creditors is of huge importance to those who are owed money. This paper attempts to provide an exposition on the role of Debt Recovery Agents and Solicitors in asset realization. It adopts the doctrinal research methodology.
LEGAL PERSPECTIVE ON THE ACTIVITIES OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN NORTHERN NIGERIA
This work reviews the activities of the International Committee of the Red Cross (ICRC) in northern Nigeria, a region plagued with insurgencies, armed conflicts, and other forms of internal disturbances. The ICRC has the key role of protecting the lives and dignity of victims of armed conflict and violence and providing them with assistance. The organisation also works to promote and ensure the faithful application of international humanitarian law, as well as serve as a neutral intermediary between parties to armed conflicts. Beyond these general functions of the ICRC, there are specific activities the organisation carries out in northern Nigeria. The study used a doctrinal method of research to examine these activities, employing textbooks, internet materials, periodicals, journals, and articles. The findings of the study show that the ICRC has played an extensive role in ameliorating the impacts of internal strife and armed conflicts on affected people in northern Nigeria. It further highlights the challenges faced by the ICRC in carrying out these activities and the institution’s way of overcoming them.
Armed Conflict, ICRC, Internally Displaced Persons
DUTY TO SAVE LIFE AND OBJECTION TO MEDICAL TREATMENT ON GROUND OF RELIGION
The Constitution of the Federal Republic of Nigeria 1999 (Fourth Alteration) and the international bill of rights guarantee the right to life which implies an obligation on the State to take steps to save life. However, notwithstanding the duty on the State to save life, it has been recognized that an adult can in exercise of his rights to life and privacy object to a particular type of medical treatment. In respect of a child, the court has held that agents of the State can secure a court order to override parental objection to particular type of medical treatment. While the decision is commendable, the requirement of court order to override the objection of a parent to a type of medical treatment for a child may endanger the life of the child in view of the time it may take to secure a court order. It is recommended that there should be a legislation which will enable public health institutions to give medical treatment to a child without parental consent and without court order where delay in obtaining a court order may endanger the life of the child. This article adopts a doctrinal approach.
Constitution of the Federal Republic of Nigeria
ESUT PUBLIC LAW JOURNAL, VOL 5 NO 1, 2024
INDIGENOUS KNOWLEDGE SYSTEMS IN TRADITIONAL TEXTILE TECHNIQUES AND INTELLECTUAL PROPERTY: PERSPECTIVES FROM NIGERIA
The terms “indigenous knowledge” and “traditional knowledge” are often used interchangeably to describe the knowledge systems developed by a community. Indigenous knowledge makes a tremendous contribution to the economic development of communities. This knowledge is passed on from generation to generation and forms part of a people’s cultural and spiritual identity. It exists in diverse contexts including agricultural, medicinal, ecological, but also technical. Traditional textile techniques of dyeing, weaving and embroidering are part of a relevant example in indigenous communities of Nigeria. The practices have evolved over the centuries out of communities’ interaction with the local environment. The present paper underlines indigenous knowledge in textile techniques in Nigeria. The paper firstly provides a survey of the traditional textile techniques from knowledge systems within few regions of Nigeria. The paper then questions the capacity of the patent system to enhance local economic development through the recognition of such knowledge systems. The paper concludes with recommendations for appropriate safeguard and protection for indigenous knowledge” and “traditional knowledge” systems in line with international standards in the field by foreign jurisdictions and the African Regional Organisation of Intellectual Property, ARIPO.
Indigenous Knowledge, Traditional Textile Techniques, Intellectual Property
THE SOCIO-LEGAL IMPLICATIONS OF PIRACY IN NIGERIA AND THE GULF OF GUINEA
A huge percentage of world trade are transported by sea. Thus, the shipping industry is undoubtedly one of the life wires of global economy. Without shipping, intercontinental trade, the bulk transport of raw materials, and the import/export of affordable food and manufactured goods will be almost impossible. The continuous expansion of Seaborne trade which is so beneficial to consumers all over the world through competitive freight costs is attributable to the ever growing efficiency of shipping as a medium of transportation and the attendant economic implications. Impressively, petroleum resources are equally transported by sea through the shipping industry. The global scrambling for oil raised expectations that petroleum resources would boost the economy of exporting developing countries. Worst still, the sea through which petroleum resources and other products are transported is constantly under criminal activities and attack by pirates. Crimes on the Nigeria water ways and the Gulf of Guinea is on the increase such that human right, livelihood, environment and the economy of the region are being threatened. There is need for an effective legal protection of both the environment, and the activities within the region. This article is aimed at examining the socio-legal implications of crimes and piracy on Nigeria water ways and the Gulf of Guinea. The objective is to examine the need to guard the area and fashion out ways of utilizing and improving on existing legal framework to combat maritime crimes. When domestic laws are strengthened to align with the treaty's provisions regarding activities in the area, it will enhance enforcement, curb criminal activities, boost the confidence of investors and improve the economy of the region for the benefit of the region and the global community.
Socio-Legal Implications, Piracy, Gulf of Guinea, Criminal activities
Chimezule, Obinuchi BL, LL.M & Kinikanwo Handsome O.
THE LEGAL REGIME FOR ENVIRONMENTAL PROTECTION AND CORPORATE SOCIAL RESPONSIBILITY IN NIGERIA: WHAT NEXUS
The relationship or interdependence between man and the environment cannot be questioned. This relationship is symbiotic in nature whereby one cannot do without the other. There is therefore a duty imposed on man by nature to protect the environment so that it does not fall into extinction. However, the quest for economic development, technological and scientific advancements have adversely affected the environment. In this context, if nothing is done, the environment cannot be sustained. The degradation of the environment particularly in Nigeria is primarily tied to the activities of the corporations who fail or neglect to strike a balance between their actions and the consequences of such actions on the environment. It is on this note that this article advocates for a corporate social responsibility adopting ethical values for sustainable development of the environment that will bring about the sustainable development and economic development of the corporations. To highlight this, the article looked at Nigerian National Policy on Environmental Protection, sustainable development, some theories on environmental protection, some environmental issues, corporate social responsibility and what corporations should do as corporate social responsibility. In conclusion, this research found that corporations cannot exist in isolation of other factors that play vital role in its sustainability. The work recommended adoption of precautionary principle which entails that action should not be implemented until the actors are certain about their major consequences. This work also recommended the application and practice of law of balance by companies which promotes the principle of giving and taking. It has been observed that in the complex web of relationship among living things, this principle remain at work.
Law, Environmental Protection, Corporations, Corporate Social Responsibility, Economic Development
THE NIGERIAN COPYRIGHT ACT 2022: EXPANDING THE SCOPE OF ACCESS TO LITERARY WORKS
Intellectual property rights have evolved in recent times, embracing new areas and adapting to changes to accommodate the interest of both the right owner and the right of the public to access intellectual property rights. The right of the blind, the visually impaired and otherwise print disabled persons are public rights that were not taken into perspective in the old copyright act. Internationally, this right has been the subject of discussions which resulted in the adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled 2013(Marrakesh Treaty). The Nigerian government set up a committee in 2015 to draft a new copyright bill. Subsequently a new copyright Act 2022 was enacted which repealed the old Act. The aim of this article is to analyse the new Copyright Act 2022 with respect to the specific provisions relating to access of literary works for the blind, visually impaired or otherwise print disabled and to note whether this aligns with the provisions of the Marrakesh Treaty. In making this consideration, the researcher employed the doctrinal research method and concludes inter alia that there are indeed notable amendments which were incorporated in The Copyright Act, 2022.
Copyright Act 2022, Marrakesh Treaty, Literary Works, The Visually Impaired, Print Disabled Persons
THE GRUNDNORM AND THE CONSTITUTION: IS THERE A NIGERIAN CONCEPT OF THE GRUNDNORM?
Traditional constitutional theory holds that the constitution is the foundational law of every legal system, the ultimate source of legality of all other laws, institution, offices and actions in every state. When Hans Kelsen propounded his pure theory of law, he was not unmindful of this basic constitutional creed, and neither did he dispute it. He however posited that every legal system consists of a hierarchy of norms at the apex of which is the grundnorm. Over the years, legal scholars had commented on Kelsen’s theory of the grundnorm. These comments had been influenced by the respective commentator’s understanding of Kelsen’s postulation. Particularly in the Nigerian firmament, various eminent jurists and academics had made various divergent comments on the signification of the grundnorm, even though each claimed to be applying Kelsen’s theory. Similarly, judges at the top echelon of Nigeria’s judicial architecture had presumed to pronounce ‘authoritatively’ on the concept of the grundnorm. Quite worrisome is the fact that these pronouncements do not tally with Kelsen’s enunciation of the concept of the grundnorm. This paper therefore proceeded to examine various divergent views in juxtaposition with Kelsen’s original theory. In the course of this work, it became glaring to the writers that misconceptions of this theory appears to be prevalent in Nigeria unlike with authorities from outside our shores, thus leading one to wonder whether Nigerians had, consciously or unconsciously embarked on a re-formulation of Kelsen’s theory or otherwise adopted a peculiarly Nigerian concept of the grundnorm? Ultimately, the paper canvasses the view that the only correct signification of the concept of the grundnorm is that assigned to it by Hans Kelsen, the originator of the concept.
Grundnorm, Constitution, Nigerian Concept of grundnorm
PRESUMPTION OF INNOCENCE AND BURDEN OF PROOF AS CRITICAL ELEMENTS OF THE ADVERSARIAL SYSTEM OF CRIMINAL JUSTICE IN NIGERIA
Under the adversarial system of criminal justice administration in Nigeria, certain elements are required for any just and fair criminal trial. Of these elements, two of them are most critical. They are the presumption of innocence in favor of a suspect/defendant and the burden of proof placed on the prosecution to prove the guilt of the defendant beyond reasonable doubt. These elements are the key foundations upon which other elements for a just and fair trial rests. They enjoy constitutional flavor. This paper examines the meaning, nature, and application of the above-mentioned elements. It further interrogates the extent to which the presumption applies to those under investigation. It finds that media trials are common in Nigeria among security agencies. The paper therefore recommends that the National Assembly should take steps to amend section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 to accommodate suspects. Alternatively, the Supreme Court may adopt the argument of the Respondents in Aig- Imoukhuede v Ubah to hold that the appropriate interpretation to the phrase "charged with a criminal offence" as used in Section 36(5) is "accused of a criminal offence." Law enforcement agents are also advised to call its officers to order. The research methodology adopted in this work is doctrinal.
Presumption of Innocence, Defendant, Burden of Proof, Adversarial Trial, Criminal Justice
APPRAISAL OF THE COPY AND PASTE SYNDROME IN THE NIGERIAN OIL AND GAS INDUSTRY
This article aims at examining the notoriety of copy and paste in the Nigerian oil and gas sector in consideration of the inability of previous reforms of the industry to resolve the perennial challenges of the sector. The objective of this research is also to discover why in spite of several reforms, the industry is still bedeviled by threshold hitches. The paper discovers that the reform is heavily characterized by recycling, imposition, importation and retention of unworkable laws of the colonial days and of other foreign nations with the result that the reforms do not target existing problems, so repeat previous errors and even create new ones. It is observed in this research that the reforms relegate the agitations against oppression, marginalization and injustices by the host communities leading to disillusionment, restiveness, hostilities and all sorts of criminalities that disturb peaceful operations in the zone. The paper concludes that copy and paste reform cannot address the ailing situations in oil and gas sector. It recommends a proactive and innovative legislative engineering that can resolve the mischief of the earlier legislations and guarantee harmony in the industry.
Copy and Paste Syndrome, Reform and Transform, Nigerian Oil and Gas Industry
ENVIRONMENTAL SUSTAINABILITY IN THE NIGERIA’S OIL AND GAS INDUSTRY AS A MIRAGE
This paper examined the operational attitudes of the international Oil companies (IOCs) in the petroleum industry in Nigeria that do not augur well for attaining environmental sustainability. It adopted the doctrinal method of research while collection of relevant data such as primary and secondary sources of law was by visiting law chambers, law libraries and reference to Newspapers among others. It examined the effect of such attitudes by the IOCs, drew a conclusion and made recommendations towards reversing the trend by urging immediate practical steps in implementing the UNEP Report on Ogoni land, prompt action towards ending gas flaring, compliance with NOSARA directives and regulations by the oil majors.
Oil and Gas, Environment, Gas flaring and sustainability
AN APPRAISAL OF THE REGIONAL EFFORTS OF THE GULF OF GUINEA COMMISSION IN CURBING MARITIME CRIMES AND INSECURITY
The Gulf of Guinea is an important maritime route for commercial shipping from Europe and America to West, Central and Southern Africa. Its proximity to Europe and North America for the transportation of the Low-Sulphur crude oil from the region underscores its importance in the global supply of energy. Apart from being a veritable transport route, the Gulf houses a great percentage of the worlds’ total petroleum reserves. In addition to its rich biodiversity, several minerals such as uranium, copper, manganese and silver forms the mineral deposit found in the Gulf. Despite these foregoing economic importance of this area to the world and the coastal states surrounding it, the Gulf has over the years been a hub for illicit activities such as piracy, armed robbery, oil theft, oil bunkering, kidnapping, drug trafficking, waste dumping and illegal, unreported and unregulated fishing (IUU). To control these nefarious activities, certain regional arrangements have been put in place by the coastal states surrounding the Gulf. On top of the list is the Gulf of Guinea Commission which was established via a treaty in 2001. It is against this backdrop that this work appraised the incidences of maritime insecurity in the Gulf and the extent the Commission has carried out its task of shrinking maritime insecurity in the region. The work in its findings revealed amongst other things, that the apathetic participation of the member states was the major challenge faced by the Commission.
Maritime Insecurity, Piracy, Gulf of Guinea Commission, IUU, Trafficking, Coastal States
PROPER SENTENCE IN RAPE CASES AS A MEANS OF ENGENDERING ADEQUATE CLOSURE FOR VICTIMS
The offence of rape is a menace that has ravaged the globe. It has received considerable attention among legal and decent minds, organizations and people of integrity that have the welfare of women especially, and society at heart. The question is, how best can the society protect the feminine gender from rape, avail victims of closure and maintain global decency. Rape is a heinous crime that shatters the emotional, psychological, physical, social and existential walls of its victim and robs the society of sanity. Though prohibited globally, yet, it is as rampant and widespread as it is discussed. Unfortunately, there seems to be an epidemic of injustice in judicial handling of rape cases that leave victims without closure. “Proper Sentence” which could be a potent judicial instrument for achieving functional Justice and deterrence in rape cases is often misapplied, rendered weak and ineffective at a point where it is expected to be strong and achieve the desired goal. This article highlights the potency of “proper sentence” in rape cases as a means of engendering adequate closure for victims. It exposes several judicial abuses of justice in rape cases and the need for a review towards achieving adequate victims’ closure, functional justice and global sanity.
Proper Sentence, Rape Cases, Engendering, Adequate Closure of Victims
M. Chigozie Onuegbulam, Ph.D; Maria Omozele Edeko & Frank I. Asogwah, Ph.D
VIRTUAL PROCEEDINGS, FAIR HEARING & ELECTORAL PROCESS: THE EMERGING JURISPRUDENCE
Access to justice and the rule of law are some of the priority areas of the Nigerian Justice Sector Administration and the African Union Agenda 2063. With the outbreak of the dreaded Corona Virus in Wuhan, China in December, 2019 which later spread to almost all the parts of the world, several countries of the world were either totally or partially locked down. This, amongst other things, prevented a lot of people from having access to justice. Owing to this, there has been global efforts to design a global solution to the lack of access to justice triggered by the pandemic. The Nigerian Judiciary, just like her counterparts in other jurisdictions has developed regulations which allow for remote/virtual court proceedings in the various layers of courts in Nigeria. Election disputes, issues bordering on fair hearing, domestic violence and other areas of the justice sector suffered serious setbacks during the lockdown imposed by the Federal and State Governments in 2020. This paper therefore examines the application, prospects and challenges of virtual court proceedings with particular focus on electoral process and other emerging jurisprudence in Nigeria.
Corona Virus, Virtual Proceedings, Fair Hearing, Election Petition, Nigeria
M. T. Adekilekun; A. O Ugowe; L. A. Abdulrauf & I. A. Abikan
ESUT PUBLIC LAW JOURNAL, VOL 4 NO 1, 2023