An evaluation of the regulatory framework for environmental management in the Nigerian petroleum industry

by | Jun 5, 2020 | JCLA, JCLA V6 I2 2019

An evaluation of the regulatory framework for environmental management in the Nigerian petroleum industry

Authors Opeyemi Omotuyi and Ada Ordor

ISSN: 2521-2605
Affiliations: LLM University of Cape Town. Lecturer, Faculty of Law, Adekunle Ajasin University, Akungba Akoko, Ondo State, Nigeria; Associate Professor, Centre for Comparative Law in Africa, Faculty of Law, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 6 Issue 2, p. 32 – 55

Abstract

Environmental management is crucial to the sustainability of any industry and, in particular, the petroleum industry which carries out activities that degrade the environment. In Nigeria where the economy is heavily dependent on crude oil, the subject of environmental management is even more pertinent. This paper evaluates the framework for environmental management in the Nigerian petroleum industry in light of internationally acceptable standards of corporate environmental management. In so doing, the paper makes relevant recommendations in line with international and industry-related best practices and guidelines.

Safeguards for public-private partnership assets in Nigeria: lessons from South Africa

by | Jun 5, 2020 | JCLA, JCLA V6 I2 2019

Safeguards for public-private partnership assets in Nigeria: lessons from South Africa

Authors Augustine Arimoro

ISSN: 2521-2605
Affiliations: LLB Hons (Maiduguri) LLM (Derby, UK) PhD, Associate Lecturer in Law, St Mary’s University Twickenham, London, United Kingdom
Source: Journal of Comparative Law in Africa, Volume 6 Issue 2, p. 56 – 79

Abstract

Countries around the world are adopting the public-private partnership model of procurement in order to bridge infrastructure gaps and to tap from private sector capital and expertise. Given the involvement of private sector funding in publicprivate partnership arrangements, the safety of investors’ assets is fundamental in order to attract both domestic and foreign investors to the public infrastructure market. This article examines the framework for the administration of the publicprivate partnership model in Nigeria with a view to determining how the law protects investors’ assets. The framework in South Africa is also examined for comparative insight. The central argument in the article is that a reliable framework that aims to ensure successful completion and management of projects in Nigeria can be achieved by taking a cue from the South African model. The article concludes with recommendations.

Expanding the scope of ‘appropriate measures’: do traditional institutions play a role in facilitating the protection of witnesses of trafficking in persons?

by | Jun 5, 2020 | JCLA, JCLA V6 I2 2019

Expanding the scope of ‘appropriate measures’: do traditional institutions play a role in facilitating the protection of witnesses of trafficking in persons?

Authors Suzzie Onyeka Oyakhire

ISSN: 2521-2605
Affiliations: LL.B, LL.M: Doctoral Candidate, Faculty of Law, UCT and Lecturer, Faculty of Law, University of Benin, Benin City Nigeria
Source: Journal of Comparative Law in Africa, Volume 6 Issue 2, p. 80 – 105

Abstract

This paper studies the legal instruments designed to protect the victims and witnesses of human trafficking, drawing on empirical studies of the effectiveness of such measures. It argues that a combination of a statute-backed witness protection scheme and the application of indigenous practices by traditional rulers is more effective than statute alone to protect witnesses of human trafficking in Nigeria particularly from psychological threats and intimidation. The paper highlights the unsuccessful attempts by law enforcement authorities to investigate and prosecute traffickers because of the unwillingness of victim-witnesses to testify against their traffickers arising from the fear of repercussion from juju oaths administered to them by juju priests in Nigeria aimed at instilling secrecy. Despite the existence of conventional protective measures, victim-witnesses refuse to cooperate so as not to incur the wrath of the oath. This paper illustrates further that conventional criminal justice mechanisms are ill-suited to effectively curb this challenge, resulting in traffickers evading criminal justice sanctions. The viability of the recent interventions by the Oba of the Benin Kingdom to counter the effects of these oaths through a proclamation placing curses on human traffickers and culpable juju priests, is thus considered in this article as an alternative protective mechanism.

Legal and policy measures to curtail harmful use of agrichemicals in Nigeria

by | Jun 5, 2020 | JCLA, JCLA V6 I2 2019

Legal and policy measures to curtail harmful use of agrichemicals in Nigeria

Authors Jane Ezirigwe

ISSN: 2521-2605
Affiliations: LLB (Hons.) Abuja, LLM (London), MBA (EBS), Doctoral Scholar, University of Cape Town, South Africa; Research Fellow, Nigerian Institute of Advanced Legal Studies
Source: Journal of Comparative Law in Africa, Volume 6 Issue 2, p. 106 – 131

Abstract

Agricultural chemicals are increasingly used under the perception that they are fundamental to achieving maximum crop yields and reducing output shrinkage. Today, far more antibiotics are consumed by animals than by humans, the vast majority for growth promotion and disease prevention; as substitutes for nutrition and hygiene. Chemical preservatives are used to improve the quality of farm produce. Current scientific research indicates that the misuse of agrichemicals negatively impacts human health and the environment, raising questions regarding the negative effects of unregulated agrichemical use on the health of the producers and consumers. This paper adopts an evaluative approach to scrutinise the existing legal and regulatory frameworks on agrichemical use in Nigeria. Its aim is to determine the adequacy of the legal and regulatory frameworks. It finds that the indiscriminate use of agrichemicals by Nigerian farmers and traders of agricultural products result from the absence of adequate laws, a regulatory failure, and ignorance on the part of the farming and consuming communities. It makes recommendations on policy options that can be used to reduce the use and misuse of agrichemicals, without the time consuming legislative and administrative amendments. This will help to promote the health of Nigerian farmers, consumers and their African counterparts.

Towards the Harmonisation of Trade Mark Laws in Africa: A Comparative Analysis of Selected Infringement Provisions

by | Oct 9, 2019 | JCLA, JCLA V2 I2 2015

Towards the Harmonisation of Trade Mark Laws in Africa: A Comparative Analysis of Selected Infringement Provisions

Authors Yeukai Mupangavanhu

ISSN: 2521-2605
Affiliations: Senior Lecturer, Faculty of Law, University of the Western Cape
Source: Journal of Comparative Law in Africa, Volume 2 Issue 2, p. 98 – 126

Abstract

The lack of coherence in negotiations for intellectual property protection, including trade marks, in part due to differences in the relevant legislation, is a factor that undermines Africa’s regional economic development. Economic integration cannot progress when the laws are divergent since disparities may hinder the flow of goods and services. The article examines an aspect of the trade mark laws of selected African countries, namely South Africa, Zimbabwe, Kenya and Cameroon, with a view to making suggestions for their integration into a single regional law. In order to determine the similarities and differences in the laws, the infringement provisions and their interpretation in case law are analysed. This article attempts to demonstrate that a regional approach can only realise its full potential if it is based on a clear understanding of the areas of convergence and divergence in Africa’s trade mark laws. The similarities in the trade marks laws are important since they form an existing basis for harmonisation while the divergent provisions must then be harmonised. It is argued that an effective trade mark protection system is necessary to promote the free movement of goods and services, and to attract foreign direct investment — which is important for Africa to remain competitive.

Expropriation: A Comparative Study of the Jurisprudence of Namibia, Ghana, South Africa, Zambia and Zimbabwe

by | Oct 9, 2019 | JCLA, JCLA V2 I2 2015

Expropriation: A Comparative Study of the Jurisprudence of Namibia, Ghana, South Africa, Zambia and Zimbabwe

Authors Samuel Amoo

ISSN: 2521-2605
Affiliations: Professor of Law, Faculty of Law, University of Namibia
Source: Journal of Comparative Law in Africa, Volume 2 Issue 2, p. 75 – 97

Abstract

In a speech marking the formal opening of the Accra Conference on Legal Education and of the Ghana Law School, the late Dr Kwame Nkrumah emphasised the need for the identification of the legal system with the ethos of the society: ‘There is a ringing challenge to African lawyers today. African law in Africa was declared foreign law for the convenience of colonial administration, which found the administration of justice cumbersome by reason of the vast variations in local and tribal custom. African law had to be proved in court by experts, but no law can be foreign to its own land and country, and African lawyers, particularly in the independent African states must quickly find a way to reverse this judicial travesty. The law must fight its way forward in the general reconstructions of African action and thought and help to remould the generally distorted African picture in all other fields of life. This is not an easy task, for African lawyers will have to do effective research into the basic concepts of African law, clothe such concepts with living reality and give the African a legal standard upon which African legal history in its various compartments could be hopefully built up. Law does not operate in a vacuum. Its importance must be related to the overall importance of the people, that is to say, the state.'[fn1] footnote 1: K Nkrumah ‘Ghana. Law in Africa’ (1962) 6 Journal of African Law 105.