A Holistic Appraisal of Electoral Fraud and Other Electoral Irregularities in Nigeria: Way Forward (Published)
Over the years, allegations of electoral fraud have been levelled against the various elections held in Nigeria, including presidential elections. The recurrent incidences of flawned elections has no doubt eroded the credibility of election results and also debased the trust in the Electoral Commission. This paper examines the factors responsible for flawned elections in Nigeria among others. This is doctrinal research which relies on both primary and secondary sources of data. This paper reveals that the politicians have come to see election as a do or die affairs, hence the frequent use of thuggery, intimidation and violence during elections. This paper concludes by proferring some solutions.
Keywords: Election, Fraud, Ideology, Nigeria, incumbency
Bar Associations as Watchdogs to National, African, Commonwealth and International Law/Arbitration: Analysis of the Legal Strength in Nigerian, African, Commonwealth and International Bar Associations’ Constitutions (Published)
The Bar as it relates to law depicts the profession of Barrister or a Lawyer in a higher court. To be called to the Bar means allowed to work as a qualified barrister. Association on the other hand is an official group of people who have joined together for a particular purpose. In Nigeria, the association of Lawyers is called Nigerian Bar Association (otherwise, called the NBA). In Africa, the association shall be known as the African Bar Association (otherwise, called AFBA), in the Commonwealth it is Lawyer’s Association otherwise called CLA. At the international level, the name of the corporation is the International Bar Association (otherwise, called the IBA). The Bar Association whether in Nigeria, Africa, Commonwealth or the world plays among other roles to promote the administration of justice under the rule of Law among Nigerians, Africans, Commonwealth and the people of the world. This Rule of Law is the Supremacy of regular as opposed to arbitrary power; the absence of any arbitrary power on the part of the government. Promotion of rule of Law is that a Lawyer is called to the Bar to discharge. Associations of these Lawyers otherwise called Bar Association have the promotion of rule of Law as one of their objects. This paper therefore is aimed to analyze how this association of Lawyers in Nigeria, Africa, Commonwealth and the world can compel their respective governments to operate within the ambit of the rule of Law, else, they may be compelled to take legal action in Court of Law for the promotion and protection of the principles of the rule of Law, to advance the science of jurisprudence and to promote in the execution of these objects the principles and aims of the United Nations in their legal aspects and to cooperate with and promote coordination among international judicial organizations having similar purpose. Recommendations were made to the effect that Nigerian and African Bar Associations should reform, emulate and develop their constitutions as the international Bar Association had done so that their objects will continue to compel their governments for more adherence to their legal and advisory portions in the affairs of their country or region so as to ensure Legal political and economic development within their jurisdictions.
Keywords: African, Bar Association, Commonwealth and International Bar Association and Constitutions, Legal strength, Nigeria, Watchdog
Energy Security, China’s Strategy: A Guide for Nigeria (Published)
Energy Security has returned to the top of the international agenda in ways not seen since the oil embargoes of the 1970s. Energy security has emerged as a major object of the energy policy agenda and policy makers have engaged in a wide ranging debate over how best to address future energy requirements. Industrial powers like the United States are willing to devote considerable military, political, diplomatic, and economic means to access energy resources around the world. But they are no longer alone in this endeavour. Increasingly, industrializing states like China and India are willing to devote comparable resources to secure sufficient energy supplies to sustain their fast growing economy. In this work – Energy Security, China’s Strategy: a Guide for Nigeria, using a secondary data in a qualitative analysis has undertaken a comprehensive review of Energy security, looking at the global quest for energy, China’s energy security strategy, energy security from Nigeria’s perspective and the examples that the strategy can provide for Nigeria. We have identified three key areas of china’s strategy which equally provides lessons for Nigeria i.e. China has a credible and an efficient energy policy in place, Self-reliance and self-sufficiency in oil and other resources which they took great pride in, that could take care of their domestic needs and establishment of strategic oil reserves.
Keywords: China, Nigeria, Policy, energy security, energy security strategy, security of supply.
Fiscal Federalism, Resource Control, and Restructuring in Nigeria: The Contending Issues (Published)
The dynamism and complexity of Nigeria’s fiscal federalism have occupied the front burner of academic and political discourse since the return to democratic rule. The discussion on Nigeria’s fiscal practice became necessary because it has created several crises threatening the continued existence and continuity of the Nigerian state. The desertion of true federalism in Nigeria has led to the neglect and marginalization of the Niger Delta region of Nigeria, where the country generates the bulk of its wealth through oil and gas exploration and exploitation. The Niger Delta region oil-producing states have been very vocal in their agitations for a fair share of the country’s wealth by the restructuring of the parameters for sharing and allocating the wealth of the nation located within their region. The agitations for resource control, it is believed, would make more resources available to the various states to ensure economic and social development. The protests have arisen for the reason that a more substantial portion of the nation’s wealth goes to the federal government at the detriment of the oil-producing states. The Nigerian federal government is yet to make any significant attempt to alter the status quo. No constitutional amendment is has been made to ensure the practice of true fiscal federalism in the country. This paper examined the debate and concept of fiscal federalism. It explores revenue allocation formula in Nigeria and the statutory role of revenue mobilization allocation and fiscal commission, the quest for resource control and Nigeria’s federalism, dimensions of resource control agitations by the Niger Delta region, and causes of the Niger Delta crisis. The paper concludes with some profound recommendations on the way forward.
Keywords: Fiscal federalism, Niger Delta Region, Nigeria, Restructuring, resource control, revenue allocation formula
Local Content Development in the Oil and Gas Industry in Nigeria: Problems and Prospects (Published)
In the past, the major players in the oil and gas industry in Nigeria were the international oil companies (IOCs). There was inadequate skilled workforce in the industry especially with respect to indigenous participation in the oil and gas projects. Consequently, the IOCs relied heavily on expatriates to carry out projects in the oil and gas industry in Nigeria which ordinarily would have been handled by Nigerians. In order to boost local participation in the oil and gas projects and create more employment opportunities for the locals, the federal government of Nigeria in 2010, enacted the Local Content Act in recognition of the inadequacy of the indigenous human capital development in the oil and gas industry in Nigeria. However, the Local Content development policy of the federal government is without some problems which have affected the effective and efficient implementation of the policy. This paper therefore, examines the local content development policy of the federal government, identifies its problems and prospects, and makes appropriate recommendations.
Keywords: Development, Industry, Nigeria, Oil and Gas, local content
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