Resolution of investment disputes through arbitration in Nigeria (Published)
States go into treatises in order to permit the nationals of one state to invest in another for mutual economic benefit and advancement. These treaties notwithstanding, disputes do come up as a result of the human tendencies and complexity of commerce. In Nigeria, certain statute such as law governing recognition and enforcement of arbitral agreement, law governing arbitration agreement, law governing substantive issues, law governing recognition and enforcement of award and the Arbitration and Conciliation Act, 1988 (ACA) and arbitration under Nigerian Investment Promotion Commission (NIPC) makes provision for arbitration in the amicable settlement of investment disputes. This study therefore reveals that for the aim of having a uniform framework for the settlement of investment disputes, the International Centre for Settlement of Investment Dispute (ICSID) was created. The study also reveals that some of the statute prescribe mandatory arbitration and as such negates agreement and party autonomy. The article recommends that the statutes be reformed to be in line with jurisprudence of arbitration.
Keywords: Arbitration, Nigeria, investment disputes, resolution
Population and Development in Nigeria: Contemporary Issues and Prospects (Published)
This paper x-rays contemporary legal issues and problems associated with population and development in Nigeria. A potpourri of materials namely: statutes, textbooks, journals, articles, reports, case laws, and internet materials have been consulted in the course of writing this paper. The paper states that several studies have revealed that the growth of any nation is basically centered on its developmental strides and policies. The relationship between population and development is very dynamic in nature. A country is regarded as being developed when the institutional framework, policies and structures are functional and effective. Over population affects the environment and in turn, hampers its developmental growth. The environment experiences crisis when its economic growth skyrockets its capacity limit. Developing countries like Nigeria and some other countries in the Sub-Saharan region face an uphill task in trying to manage their ever increasing populace. The paper also examined population policies in Nigeria and reveals a critical gap between population and development and calls for legal and institutional reforms that will bring about an effective enforcement of population and development policies in Nigeria.
Keywords: Development, Issues, Nigeria, Population, Prospects
Legal and Institutional Frameworks for Settlement of Foreign Investment Disputes in Nigeria (Published)
The need for an elaborate legal and institutional framework for the settlement of foreign investment disputes in Nigeria has become a subject utmost importance. This is because; such sound legal framework attracts foreign investments which automatically lead to greater economic development of the country. Therefore, this work has examined relevant Nigerian legal framework for the promotion and protection of foreign investments in Nigeria. Concepts like models of alternative dispute (ADR) resolution, customary law arbitration, and capital market operations and investment regulations were discussed. The recognition and enforcement of foreign judgments have equally been discussed and fully analyzed. Issues like relevance of alternative dispute resolution (ADR) in resolving investment disputes and fostering investment development, challenges associated with ADR and examples of ADR utilization by the Nigerian Government have equally been fully addressed in the present study.
Keywords: Disputes, Nigeria, foreign investment, institutional frameworks settlement, legal frameworks
Psychology of Politics and Politicians in Nigeria: The Human and Social Governance Consequences (Published)
The research examined political psychology in Nigeria, characterized by political interest, godfatherism, rigging, thuggery, occultism, election litigation, and zoning politics. Participants were politicians and electorates. Information was gathered through direct observations, interviews and print sources, with analytical and descriptive designs. Findings were psychology of politics manifested as: Elitism, machination, group opportunity, business perception, godfatherism politics, socio-cultural consciousness, politics as criminal enterprise, life-time socioeconomic opportunity, including emasculating the Judiciary and Legislature. Psychology of politicians manifested as: Desperation, superiority status, extravagant lifestyle, betrayal of citizens, narcissistic personality, high selfishness/greed, deception/lying as skills/smartness, and pride/euphoria in associating with Federal Government’s might. The human/social governance consequences were: Social polarization, disappointed governance, loss of confidence in electoral system, corruption, poor societal development, misguided rule of law, exponential unemployment, poor standard of living, misguided life virtue, and embarrassing Judiciary. Proffered recommendations were improved political value system, proactive Judiciary, accountable politics/politicians, and stopping irresponsible political extravagant lifestyle.
Keywords: Governance, Nigeria, Politicians, Politics, human-social, political-psychology
A Public Officer Convicted Of Breach of the Code of Conduct for Public Officers in Nigeria Cannot Be Granted Amnesty: A Legislative Overkill (Published)
Paragraph 18(7) of the Code of Conduct for Public Officers, contained in Part I Fifth Schedule of the 1999 Constitution of the Federal Republic of Nigeria as amended and section 23 (7) of the Code of Conduct Bureau and Tribunal Act, Laws of the Federation of Nigeria (LFN) 2010 provide that a public officer who is punished for breach of these laws cannot be granted pardon under prerogative of mercy. Most of these prohibited acts under the two laws appear civil in nature or at most quasi-criminal such as failure to declare assets or doing so late, combining public service job with another job save farming, accepting gratification while in office, maintenance of foreign accounts etc. Curiously, under the same constitution, people who are convicted of heinous crimes such as murder, armed robbery, kidnapping, even coup plotting etc. enjoy state pardons on regular basis during national festivities. The same constitution provides against discrimination of any kind in section 42. This paper argues that though this provision of the constitution on pardon is aimed at stopping corruption in the country that time has come for the removal of this discriminatory provision so that all convicts in Nigeria like in most jurisdictions in the world can enjoy presidential or gubernatorial amnesty as the case may be.
Keywords: Amnesty, Code of Conduct, Nigeria, breach, public officer
Section 140(2) and 141 of the Electoral Act, 2010 of Nigeria: A Legislative Mockery (Published)
Nigeria as a democratic country has three divisions of government. These are; Executive, Legislature and the Judiciary. These three arms of government function independently of each other. Each of these branches of government is a creation of the law and functions within the limits marked out for it by the law and the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The Legislature is the law making organ of government. By virtue of section 4 of the Constitution, the legislative power of the Federal Republic of Nigeria is vested in the National Assembly which consists of a Senate and a House of Representatives. The National Assembly has power to make law for the peace, order and good government of the Federation or any path thereof. The House of Assembly at the State level makes law for the peace, order and good government of the State or any path thereof. The exercise of legislative power by the National Assembly or by a State House of Assembly is subject to the jurisdiction of the courts of law and judicial tribunals established by law. Therefore, the National Assembly or a State House of Assembly shall not enact any law that oust or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law. The constitution of the Federal Republic of Nigeria, 1999 is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. Any law which is inconsistent with the provisions of the Constitution, the Constitution shall prevail, and that other law shall to the extent of the inconsistency be void. This paper examines the legal status of section 140(2) and 141 of the Electoral Act, 2010, which prevents the Tribunals or Courts from pronouncing winners of elections. The section of the Act only allowed the Tribunal and Courts to order for re-run elections. The National Assembly by enacting that Act ousted the jurisdiction of the Courts and thereby ran foul of the constitutional provision. The paper contends that the National Assembly acted in excess of its legislative powers and any action taken by any of the authorities without or in excess of its legal authority or power is ultra vires the Constitution and therefore void.
Keywords: Electoral Act, Legislative Mockery, Nigeria, Section 140(2), Section 141
Are These Cracks Foundational? Situating Local Government Performance in Nigeria within the Context of Its Legal Framework (Published)
The obvious bellow-the-mark performance of Nigeria’s 774 local governments is a key reason for the call from various quarters of the Nigerian society that it be scraped. Today this third tier of government in Nigeria is synonymous with wanton corruption and gross underperformance. This paper attempts a pathology of these glaring cracks and discovers that they are only mild manifestations of a foundational defect, as key provision of the constitution upon which the local government system is premised are faulty, and ties the local government to the whims and caprices of the state that most times uses it as an avenue for political manipulations, embezzlement and the outright misappropriation of funds. Nigeria local governments are therefore weak, lack funds and bereft of the needed autonomy to perform optimally, as wells as meet the development intent for their establishment. This paper among others recommendations calls for broad and far-reaching constitutional amendments/local government reforms that would re-craft and reposition this vital tier of government to meet up with the development challenge of the 21st century.
Keywords: Cracks Foundational, LGA Performance, Legal Framework, Nigeria
Presidential Law-Making Power in Nigeria and America: Turning Presidents into Supermen? (Published)
The law-making power is traditionally assigned to the Legislature. However, the increasing involvement of Presidents in law-making has generated much interest and controversies among scholars, in recent times. This paper examines the extent of the President’s law-making power both in Nigeria and the United States of America. It is argued that the increasing exercise of legislative power by Presidents, arising from delegation of such power by the Legislature, legislative abdication of power or executive usurpation of power, has virtually turned Presidents into supermen, exercising all powers of government. The paper, however concludes that if presidential legislative power is properly utilized and controlled, it could become a useful instrument for the attainment of sustainable constitutional democracy.
Keywords: America, Law-making Power, Nigeria, Sustainable Constitutional Democracy.
Gas Flaring In Nigeria: Problems and Prospects (Published)
The issue of gas flaring in Nigeria has become a topical one in view of the devastating effect gas flaring has in the socio-economic lives of the people in the affected areas. Historically, it is said that gas flaring is as old as oil production in Nigeria. Oil exploratory activities of oil companies in Nigeria have caused gas flaring resulting in loss of lives and properties in the affected communities where gas is flared. There is no specific legal framework that prohibits gas flaring in Nigeria inspite of the environmental problems associated with it. The existing law that appears to regulate gas flaring in Nigeria is not effective as it does not completely prohibit gas flaring but only provide monetary penalties for continued flaring of gas by oil companies in Nigeria. The Judiciary therefore appeared to have championed the cause for the abolition of gas flaring in Nigeria. This paper examines the legal framework for gas flaring in Nigeria and further identifies the problems and prospects associated with the flaring of gas in Nigeria and makes useful recommendations
Keywords: Gas-flaring, Nigeria, Problems, Prospects
Christianity and Politics: The Experience from Nigeria (Published)
Either directly or indirectly Christians involve themselves in politics. Today, the church interacts regularly with politics or with politicians and governments in three broad areas – in the articulation of its social teaching, in discussions arising from its involvement in schools, hospitals and welfare and in debate over particular moral issues as they arise from time to time. However, there is a common saying in the Christian fold, whether or not a true Christian should participate in politics by vying for a political post. Therefore, this study explores who is a Christian, Christian perspective on politics, reasons why Christians should be involved in politics and effect of Christian virtues in political system. The study concluded that politics is the thought, purpose and intention of God and the will of God for believers to participate in politics. Perhaps, the believer will be able to impart the lifestyle of God over the nation. People should not see politics as blight or bad, it should be admitted that politics in any form is not bad but the political players are bad.
Keywords: Christianity, Experience, Nigeria, Politics