STAY OF PROCEEDINGS PENDING ARBITRATION: PROTECTING THE INTERESTS OF THIRD-PARTIES TO ARBITRATION IN NIGERIA

Taofeeq N. Alatise*

ABSTRACT

Courts have the power to stay proceedings pending arbitration. In Nigeria, the enabling statute regulating commercial arbitration is the Arbitration and Conciliation Act of 1988. Sections 4 and 5 of the Act contain two similar but conflicting provisions regulating the stay of proceedings. These sections of the law are a product of a common ground found in two different legislative texts. While section 4 leveraged on the provision of Uncitral Model Law on Arbitration, section 5 is influenced by Arbitration Act of 1914. This dichotomy between the histories of the two sections partly accounts for the controversies and difficulties in the interpretation and application by courts and scholars. This article examines the scope of sections 4 and 5 of the Act by identifying the real object of the law and the flaws in its current interpretation. The article considers the American experience, especially, the attitude of courts in granting a stay of proceedings and whether a stay can be granted in a suit against a non-party to the arbitration agreement. Unlike arbitration laws in the United States, one key gap in Nigerian arbitration law is its failure to contemplate stay of proceedings in a suit against a non-party to an arbitration agreement. In addition to identifying the need for urgent legal reforms that accommodate third-party stay pending arbitration, this article recommends that Nigerian courts, like their counterparts in developed jurisdictions, should adopt a more proactive approach by evolving innovative ways in deciding suits involving third parties to arbitration agreement and stay proceedings pending arbitration in appropriate cases to prevent parties from avoiding arbitration by suing a third-party, in line with the global best practices.

Keywords: Arbitration, Stay of Proceedings, Third Party.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.11

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* LL.M (Ilorin) Legal Practitioner based in Ilorin, Kwara State, Nigeria. Email: alatise.taofeeq@yahoo.com

THE LAND USE ACT AND LAND ADMINISTRATION IN 21ST CENTURY NIGERIA: NEED FOR REFORMS

Akintunde Otubu*

ABSTRACT

Land administration is important in the sustainable use and management of land. Despite its importance, however, the administrative structure under the Nigerian Land Use Act is inconsistent and devoid of clarity of functions and purpose. This article examines the administrative structure under the Land Use Act, focusing on its effectiveness in light of the general principles and policy that motivated the promulgation of the Act. Given the observed lacuna and inconsistency in the administration of the Act, the article calls for legislative intervention to review its provisions. It also recommends a uniform right of occupancy regime, single administrative structure for land administration in the country, and a repeal of the governor’s adjudicatory powers in the Act.

Keywords: Land, Land Administration, Right of Occupancy, Constitution, Reforms

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.5

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* PhD, Senior Lecturer, Department of Private & Property Law, Faculty of Law, University of Lagos, Akoka, Lagos, Nigeria. Email: bullet20042003@yahoo.com. Tel: +2348023253416. The author is grateful to the Trustees of Femi Okunnu Research Grant in Property Law in Nigeria for providing the funds for this research.

MUCH ADO ABOUT FOOD SAFETY REGULATION IN NIGERIA

Jane Ezirigwe*

ABSTRACT

About 1 in 10 people in the world fall sick after eating food contaminated through improper farming, processing, preservation and services. In Nigeria, more than 200,000 persons die of food poison annually, caused by contaminated foods. The cost of illnesses associated with foodborne diseases in Nigeria is estimated at US$ 3.6 billion per annum. Though there is poor data collection on foodborne outbreaks, evidence exists to show that these contribute to ill health and death in the country as well as reduce productivity and economic growth. Studies and existing facts reveal that law makers, enforcement officers, regulators, food handlers and even the consuming public do not take food safety very seriously. This article examines the varied cases of foodborne outbreaks in Nigeria with the aim to assess the role and ambit of food safety regulations in Nigeria. It seeks to determine whether the present regulatory framework permits adequate regulation of the informal sector that serves the majority of the Nigerian consumers. While observing various challenges that may be encountered by the regulators, it offers recommendations on issues that require legislative reforms and pragmatic approaches in tackling the regulatory challenges. It concludes that the intergovernmental and the multi-agency cooperation envisaged by the National Policy on Food Safety and its Implementation Strategy, 2014, will be better achieved if the definition of “food” in the food laws are extended, in line with best practices and current realities, to allow for comprehensive regulation and coordination of the food chain system.

Keywords: Food Safety, Foodborne Illnesses, Food Regulation, Food Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.6 * LLB (Hons.) Abuja, LLM (London), MBA (EBS),

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* LLB (Hons.) Abuja, LLM (London), MBA (EBS), Research Fellow, Nigerian Institute of Advanced Legal Studies. Doctoral Scholar, University of Cape Town, South Africa. email: ezirigwejane@gmail.com

TROPHY HUNTING: TO BAN OR NOT TO BAN? LEGAL PATHWAYS FOR ZIMBABWE IN THE AFTERMATH OF CECIL THE LION

Precious G. Makuyana*

ABSTRACT

This article examines the legal framework and tools for achieving sustainable trophy hunting in Zimbabwe. Trophy hunting is part of wildlife tourism, in which wealthy tourists visit Zimbabwe to hunt for a unique, iconic wildlife with desirable phenotypic characteristics at a very high cost. The trophy hunting system was developed to achieve the tripartite objectives of conserving wildlife; providing local communities with economic opportunities and income; and incentivizing local communities to support environmental conservation initiatives. This article, however, highlights the blurred lines between the purported sustainable trophy hunting and its unsustainable implementation which now resembles “legal poaching.” This dichotomy was heightened by the killing of Cecil the Lion, a tourism icon in Zimbabwe when it was not listed under the quota system for trophy hunting. The wellintentioned legal frameworks on sustainable trophy hunting in Zimbabwe are weakened by broad exceptions that render them toothless to achieve the intended tripartite sustainability objectives. As demonstrated in this article, these tripartite objectives can be fulfilled by effective enforcement mechanisms that do not currently exist. Proposals are recommended to promote these objectives through reformation of the existing legal frameworks. The option to ban trophy hunting is examined through a socioeconomic analysis in Zimbabwe to determine whether it would be possible to support a complete ban. Zimbabwe’s current socioeconomic realities confirm that banning trophy hunting would be unlikely as doing so would devastate the tripartite objectives. Undertaking effective and sustainable policies is the more effective path for Zimbabwe at this time.

Keywords: Sustainability, Trophy Hunting, CITES; CAMPFIRE, Zimbabwe

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.7

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* JD Candidate, College of Law, Florida A&M University, United States. Email: precious1.ndebele@famu.edu

TOWARDS AN EFFECTIVE CATTLE GRAZING AND REARING LEGAL FRAMEWORK: AN IMPERATIVE FOR ENVIRONMENTAL PROTECTION

Tolulope Ogboru* and Oluwatoyin Adejonwo-Osho**

ABSTRACT

When scholars write about environmental degradation in their publications, they hardly mention cattle grazing and rearing as one of its causes. Nevertheless, this activity, which has impacted the environment adversely, is a direct cause of land degradation, threatens the resources and ecosystem’s services that biodiversity provides, and is a threat to the Sustainable Development Goals (SDGs), particularly SDG 15. Livestock pastoralism has intensified in Nigeria in recent times, leading to greater environmental concerns and conflicts over access to natural resources. A close scrutiny of Nigeria’s municipal laws shows the absence of any statute that provides for the protection of the environment from this economic activity except the recent anti-open grazing laws enacted by some states. This seems to account for the unsustainable management of cattle grazing lands among other factors. The recent conflicts, killings and destruction of properties between herdsmen and farmers in Nigeria is one of the consequences of ineffective management of access to natural resources (land) and an ineffective regulatory framework for addressing the environmental degradation resulting from unregulated grazing, which are both exacerbated by climate change. An effective cattle grazing legal framework, it is argued, is imperative to complement existing environmental laws in addressing the environmental challenges occasioned by cattle grazing and ongoing tensions.

Key words: Nomadic Pastoralism, Pastoralist, Transhumance, Ranching, Grazing Reserve

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.4

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* PhD, Lecturer, Faculty of Law, University of Jos, Nigeria. Email address: ogboruit@yahoo.com.

** PhD, Lecturer, Faculty of Law, University of Lagos, Nigeria. Email address: oadejonwoosho@yahoo.com.

RECONCILING HUMAN RIGHTS AND THE ENVIRONMENT: A PROPOSAL TO INTEGRATE THE RIGHT TO FOOD WITH SUSTAINABLE DEVELOPMENT IN THE 2030 DEVELOPMENT AGENDA

Ana García Juanatey*

ABSTRACT

This article examines the utility of the human rights-based approach (HRBA) in tackling environmental challenges that face achievement of the right to food in coming decades. So far, such approach has been quite useful in the consideration of equity, discrimination and accountability issues. Nevertheless, the HRBA’s utility to tackle the effects of environmental degradation, natural resources depletion and climate change on food security is not that clear, as human rights law and practice has evolved in parallel with environmental concerns until recently. Therefore, this article poses the following question: is the human rights-based approach to food security sufficient to address the environmental problems and constraints that infringe directly on the right to food implementation? And, how can we integrate the needs of future generations in current human rights-based policies and deal with the tradeoffs between present and future needs? This article examines how last years’ international legal literature has portrayed the linkages between the environment and human rights, principally in relation to the right to food. Moreover, it also intends to explore possible avenues of convergence, pinpointing opportunities to connect the right to food and sustainable development in the context of the 2030 Agenda. In more concrete terms, it suggests that a greater integration between the right to food and a set of principles of sustainable development law may open new avenues for research and advocacy on the right to food.

Keywords: Human Rights, Environment, Right to Food, Human RightsBased Approach, Sustainable Development, Sustainable Development Law

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.2

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* PhD (Universitat Pompeu Fabra), Visiting Professor at Universitat Pompeu Fabra and Research Fellow at Institut Barcelona d’Estudis Internacionals (IBEI). This article is based on the research conducted at the Food and Agricultural Organization (FAO) between January and March 2015. I thank Juan Carlos García Cebolla and the rest of the Right to Food Team for their warm welcome and help during that period. Part of the views reflected in this article are included too in my PhD thesis entitled, “An Integrated Approach of the Right to Food and Food Security in the Framework of Sustainable Development” (Universitat Pompeu Fabra, 2016), supervised by Professor Ángel J. Rodrigo Hernández.

ADDRESSING GENDER GAPS IN AGRICULTURAL PRODUCTIVITY IN AFRICA: COMPARATIVE CASE STUDIES FROM TANZANIA, MALAWI AND UGANDA+

Asa Torkelsson* and Francis Onditi**

ABSTRACT

This article examines why, in most African countries, women farmers achieve lower productivity in agriculture than men. It contributes to this debate by interrogating whether or not addressing gender gaps in agricultural production significantly contributes to socio-economic well-being (resilience) of women as well as the gross domestic product (GDP). The Living Standards Measurement Studies-Integrated Survey for Agriculture projects was adopted to produce estimates for three countries in Sub-Saharan Africa (Malawi, Tanzania and Uganda). The article draws from a research report and collaborative study by UN Women with UNEP and World Bank. The result shows that although female farmers individually manage slightly more than 25 per cent of all plots in Malawi and Uganda and about 20 per cent of all plots in Tanzania, Malawi shows the largest difference in mean productivity where women’s plots are, on average, 28 per cent less productive than men’s while Tanzania and Uganda reported 16 per cent and 13 per cent gender gaps, respectively. This result implies that the importance of other productive resources other than access to land may be key – for instance, the need to tackle constraints related to women’s access to “household male labour” and policies that help women farmers to access labour-saving technologies. Keywords: Land Access, Gender, Agricultural Productivity, Malawi, Tanzania, Uganda.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.3

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* PhD, Country Representative, United Nations Population Fund (UNFPA), in Dhaka, Bangladesh.

** PhD, Senior Lecturer & Head of Department, School of International Relations & Diplomacy, Riara University, Nairobi Kenya. He specializes in African Affairs in International Relations.

+ This article expresses the views of the authors and not the institutions to which they are affiliated. This article draws from a research report and collaborative study by UN Women Eastern and Southern African Office (ESARO) with UNEP and World Bank. The findings and policy options have been published in UN Women, UNEP and World Bank (2015), but this is the first specific focus on access to land and other factors of agricultural production. One of the authors of this article (Dr Asa Torkelsson) was part of the lead team of investigators on the original research report. We have collaborated very closely with UNDP-UNEPPEI and World Bank on this assignment. Authors of this article wish to express special acknowledgements to Moa Westman and David Smith of UNDP-UNEPPEI and Niklas Buehren and Markus Goldstein of the World Bank. We are also indebted to UN Women Country Representatives, Ms. Clara M. Anyangwe (Malawi), and Hodan Addou, Uganda/Tanzania for inputs.

TURKISH AND BRICS ENGAGEMENT IN AFRICA

Elem Eyrice Tepeciklioglu* , Mohammed Evren Tok**, and Syed Basher***

ABSTRACT

This article studies the political economy of Turkey’s relations with sub-Saharan Africa (SSA) since 2002 while Turkey was under the Justice and Development Party’s (AKP) rule. It argues that Turkey has focused its engagement in Africa mostly on humanitarian assistance and the economy. Contextualizing Turkey’s relations with SSA vis-à-vis other emerging market economies, especially the BRICS (Brazil/Russia/India/China/South Africa), provides ample insights into the nature of Turkey’s engagement in SSA. While Turkey’s involvement has some similarities with that of the BRICS, there are greater fundamental and structural differences from how the BRICS established their presence in SSA. These differences mostly find resonance when juxtaposed with the activism of non-governmental actors engaged in humanitarian missions and charity work with trade-related economic investments and activism.

Keywords: Turkey, sub-Saharan Africa, political economy, BRICS, trade, humanitarian assistance.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.3

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* Research Assistant, International Law Implementation and Research Centre, Yasar University, Izmir/Turkey. E-mail: elem.eyrice@gmail.com. Phone: +902324115651 Fax: +902325707000.

** Assistant Professor and Program Coordinator, Hamad Bin Khalifa University, Doha/Qatar. E-mail: etok@hbku.edu.qa. Phone: +97433120327, Fax: +97433120327.

*** Associate Professor, Department of Economics, East West University, Dhaka, Bangladesh. E-mail: syed.basher@gmail.com, Phone: +8809666775577 ext. 140.

INCLUSIVE DEVELOPMENT AS AN IMPERATIVE TO REALIZING THE HUMAN RIGHT TO WATER AND SANITATION

Pedi Obani* and Joyeeta Gupta**

ABSTRACT

There are a plethora of governance instruments for operationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that implementing the right will lead to inclusive development. The inclusive development aims at not only social inclusion but also ecological and relational inclusion, where the latter aims at ensuring that the structural causes of inequality are also addressed. Relying on an extensive literature review and jurisprudence on the human right to water and sanitation, we develop an ideal-typical conceptual framework for assessing the human right to water and sanitation with inclusive development as an imperative. Our framework is based on the premise that governance instruments are value-laden tools which can steer social changes depending on the contextual political paradigm which can be garnered from the goals, ownership models, accountability mechanisms and incentives of actors involved in the governance process. We, therefore, propose a simple model for assessing whether the governance instruments for operationalizing the human right to water and sanitation will, in fact, lead to inclusive development.

Keywords: Human Rights, Governance, Water and Sanitation

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.4

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* Lecturer I, Department of Public Law, Faculty of Law, University of Benin, Benin City, Nigeria; PhD Research Fellow at the University of Amsterdam and the UNIHE Institute for Water Education, The Netherlands. Email: pedi.obani@gmail.com; pedi.obani@uniben.edu. ** Professor of Environment and Development in the Global South at the Amsterdam Institute for Social Science Research of the University of Amsterdam and UN-IHE Institute for Water Education, The Netherlands. This article is based on ongoing PhD research and supervision financed by the NUFFIC Netherlands Fellowship Professional Project No. CF 162/2012 for which the authors are very grateful.

THE DEFINITION OF INVESTMENT AND THE ICSID CONVENTION: MATTERS ARISING UNDER THE NIGERIAN INVESTMENT PROMOTION ACT AND INTERNATIONAL INVESTMENT LAW

Felix O. Okpe*

ABSTRACT

This article contends that the omission to define investment in the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) has a trickledown effect on the Nigerian Investment Promotion Act (the NIPC Act), in the context of investment treaty law and arbitration. Its greatest impact is the relegation of the contribution to economic development element of the definition of “investment” to a backseat contrary to the purpose of the ICSID Convention. This article proposes a simple thesis: the omission to define investment in the ICSID Convention has fostered an amorphous definition of investment under the NIPC Act, thus creating uncertainty, irrelevance and ambiguity. The uncertainty is a potential problem in the conduct of foreign direct investment under the ICSID Convention. The article recommends a review of the definition of “investment” under the Act and the adoption of a definition that restricts foreign investment within the territory of Nigeria and makes acontribution to economic development its core element in line with the fundamental objective of the ICSID Convention.

Keywords: Nigerian Investment Promotion Act, Law and Development, Investment Law and ICSID Arbitration

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9

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* PhD (Aberdeen); Attorney at Law; Law Professor at Salmon P. Chase College of Law, Northern Kentucky University, USA. The usual caveat applies. The author may be reached at f.o.okpe@gmail.com

INTEGRATION OF ENVIRONMENTAL SAFEGUARDS INTO ETHIOPIAN INVESTMENT AND SECTORAL LAWS

Mohammed Ibrahim Ahmed*

ABSTRACT

The aim of this article is to analyse the nature, scope and extent to which environmental norms and principles are integrated into the Ethiopian investment laws. The integration of an environmental matter into investment laws is very important in that it ensures that investment bodies and institutions do not disregard the environment by focusing only on economic achievement. The legal analysis of Ethiopian investment laws shows that although they contain environmental protection provisions, the language, manner and extent of stipulation adopted differ. The Mining Operation Proclamation No. 678/ 2010, Energy Proclamation No. 810/2013 and Petroleum and Petroleum Products Supply Operation Proclamation No. 838/2014 integrate environmental protection in an unequivocal manner. However, the Investment Proclamation No. 769/2012 and Transaction of Precious Minerals Proclamation No. 651/2009 do not use similar language with proceeding proclamations. This article argues that if environmental protection is integrated both under the Investment Proclamation No. 769/2012 and the Transaction of Precious Minerals Proclamation No.651/2009, the language used in both proclamations should be unequivocal, clear and in good manner similar to those of Mining Operation Proclamation No. 678/2010, Energy Proclamation No. 810/2013 and Petroleum and Petroleum Products Supply Operation Proclamation No. 838/2014.

Keywords: Investment and environment, economy and environment, environmental protection, sustainable development, environmental and investment issues.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.6

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* LL.B (ekelle University), LL.M (Jimma University), Lecturer at Law School of Ambo University, Ethiopia. Email:ibshi66@yahoo.com

THE RULE OF LAW APPROACH TO REGULATING ELECTRICITY SUPPLY IN NIGERIA

Sam Amadi*

ABSTRACT

With the transfer of government shares in 17 electricity generation and distribution companies in November 2013, Nigeria crossed the Rubicon in the privatization process. This process began in earnest in 2003 with the liberalization of the telecom sector as part of a strategic reform to improve efficiency in these utility sectors. So far, privatization has not improved the quality of service in these sectors. The problem has been traced to the failure of regulation. The major problem is that the regulatory regime had not matured before privatization. This immaturity manifests mostly in the failure to protect consumer interests. This article reviews regulatory deficits post-privatization. It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization that is focused on blending of promotion of market efficiency and protection of fundamental rights.

Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.2

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* LL.B (Calabar), LL.M, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja, Nigeria; formerly Chairman and Chief Executive, Nigerian Electricity Regulatory Commission (NERC) 2010-2015. Correspondence e-mail: samadi29@yahoo.com

THE NEED FOR A GOOD ENOUGH TERRITORIAL AND ECONOMIC GOVERNANCE IN SOUTH SUDAN

Francis Onditi* and Cristina D’Alessandro**

ABSTRACT

Peace and conflict dynamics in South Sudan are intertwined with political governance, institutional capacities, and leadership. Nevertheless, in the specific South Sudanese intractable civil wars since signing of the Comprehensive Peace Agreement in 2005, territorial and economic governance are also certainly strictly connected to any possible prospect of sustainable peace for the country. As such, after carefully defining these concepts, this article emphasizes that territorial governance in South Sudan relates to boundaries definition and to the division of the national territory in states with a certain degree of autonomy. The issues and divergences engendered by territorial governance are intertwined with economic governance concerns. The uneven distribution of natural resources (especially oil) produces wealth and power redistribution concerns that are at the core of contentious relations between social and ethnic groups. These circles of tensions rapidly degenerate into conflict in a context of widespread poverty, inequality, and consequent social vulnerability. The article defines and illustrates a “good enough” territorial and economic governance framework for the South Sudanese case study.

Keywords: South Sudan; Governance; Resources; Territory; Political System.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.1

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* Senior Lecturer & Head of Department, School of International Relations and Diplomacy, Riara University, Nairobi, Kenya. Email: fonditi@riarauniversity.ac.ke. He previously served as Governance and Political Leadership policy analyst, United Nations Entity for Gender Equality and Women Empowerment, Eastern and Southern Africa Regional Office, Nairobi.

** Senior Fellow at the Centre of Governance at the University of Ottawa, Canada, and a Research Fellow at the Research Centre PRODIG (Université Paris 1 Panthéon Sorbonnne, CNRS), Paris, France and a Professor at the Paris School of International Affairs (Sciences-Po, Paris, France). Previously she served as a Knowledge Expert at the African Capacity Building Foundation in Harare (Zimbabwe) and as a professor at the University Lumière Lyon 2. Email: cdalessa@uottawa.ca

TOWARDS A COHERENT IMPLEMENTATION OF SAFE BUILDING LAWS AND REGULATIONS IN CAMEROON: LAW, GOVERNANCE AND INSTITUTIONAL IMPERATIVES

Claude Bernard Tene*, Siddig Omer**, and Blaise Mempouo***

ABSTRACT

Over the last decade, a sustained pattern of building collapse and fire outbreaks has been observed in various West African countries such as Cameroon, Nigeria and Ghana. This has become a matter of serious concern among building practitioners and the public authorities in these countries given the extensive loss of housing investment and human lives. The main reasons for the increased collapse of buildings include poor inspection and monitoring, structural defects, defective design/structure, illegal conversion and alterations and, most importantly, non-adherence to existing building regulations and laws. This article examines the scope of implementation and enforcement of safe building legislation and regulations in Cameroon. It identifies the existing national building regulations and the factors that limit their implementation. The article uses various data collected through questionnaires and interviews to support the finding that although there are extensive norms and regulations dealing with planning matters, there is a lack of technical building regulations and control in the country and that the existing regulations are not effectively implemented. Generic suggestions are made for a coherent implementation of current laws and regulation for safety in the construction industry.

Keywords: Building Policy, Building Regulations, Implementation, Safety, Africa

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.5

CONSTITUTIONAL IMMUNITY CLAUSE AND THE FIGHT AGAINST CORRUPTION IN NIGERIA

Sesan Fabamise*

ABSTRACT

One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds. Others have called for its retention while another set of scholars further ask that it be extended to the leadership of the National Assembly and the States Houses of Assembly. This latter group has said that the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker as well as the Speakers of the States Houses of Assembly and their Deputies should be granted immunity under the Constitution. This article discusses the immunity clause and its sphere, extent and limits as it relates to the officers protected, the arguments for and against its retention in the Constitution, as well as state practices in other jurisdictions.It concludes that it is expedient to retain the clause, but the call in some quarters to expand it to cover the leadership of the National Assembly and States Houses of Assembly is not viable.

Keywords: Corruption, immunity, Constitution, sustainable development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.8

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* LL.B (Lagos), LL.M (Lagos) Associate Professor and Head of Department, Public and International Law, College of Law, Afe Babalola University Nigeria.

CONTRACTUAL AGREEMENTS IN GHANA’S OIL AND GAS INDUSTRY: IN WHOSE INTEREST?

Kow Kwegya Amissah Abraham*

ABSTRACT

This article examines the history, nature, scope and policy ramifications of the production sharing contract as the core contractual agreement guiding the Ghanaian petroleum sector. It discusses the policy linkages between this form of contractual agreement and the management of the country’s oil exploration activities from 2010 to 2014. The article assesses the extent to which Ghana, as a new oil exporting country, has sought to actualize its resource benefits through negotiated contracts and agreements as well as management policies. The article argues that better negotiated contractual agreements ensure maximum State benefits from oil exploration. Again, production monitoring, periodic evaluation and institutional capacity building are effective ways of securing greater profits from oil resources. Finally, better legal and policy frameworks will also guarantee prudent management of the oil revenues. Keywords: Contracts; policy-making; agreements; oil exploration and production; Ghana. DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9 1. INTRODUCTIONABSTRACT This article examines the history, nature, scope and policy ramifications of the production sharing contract as the core contractual agreement guiding the Ghanaian petroleum sector. It discusses the policy linkages between this form of contractual agreement and the management of the country’s oil exploration activities from 2010 to 2014. The article assesses the extent to which Ghana, as a new oil exporting country, has sought to actualize its resource benefits through negotiated contracts and agreements as well as management policies. The article argues that better negotiated contractual agreements ensure maximum State benefits from oil exploration. Again, production monitoring, periodic evaluation and institutional capacity building are effective ways of securing greater profits from oil resources. Finally, better legal and policy frameworks will also guarantee prudent management of the oil revenues.

Keywords: Contracts; policy-making; agreements; oil exploration and production; Ghana.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9 1.

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* BA, MPhil (Ghana), MPP (Germany), Lecturer, University of Cape Coast, Cape Coast, Ghana, and Executive Director, Centre for Policy Research and Training. kow.abraham@ucc.edu.gh

LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTING OIL PIPELINE SECURITY IN NIGERIA

Amalachukwu Okafor* and Ayobami Olaniyan**

ABSTRACT

Oil pipelines are no ordinary assets, and their security is of utmost importance especially in a country like Nigeria where oil pipelines are the major means of transporting crude oil. Nigeria relies on this means of transportation, which has been the victim of various physical attacks over the years by vandals and militant groups. This has affected the transportation of crude oil, which isthe most important resource sustaining the Nigerian economy, putting it in jeopardy. This article appraises the efficacy of relevant Nigerian legislation providing for oil pipelines security; highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make oil transportation through pipelines efficient, effective and secure in Nigeria. These reforms include the need to have a comprehensive legislation on oil pipeline security; the need to review relevant legislation providing for the security of oil pipelines in Nigeria; proper funding of the security agencies saddled with the overall responsibility for managing as well as safeguarding the pipelines to ensure their productivity; and overhauling the entire security apparatus put in place to protect oil pipelines in Nigeria by having a sustainable and strategic approach to dealing with oil pipeline insecurity.

Keywords: Pipelines, Oil, Vandalism, Sabotage, Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.10

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* Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria

** Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria.

THE AFRICAN MINING VISION: PERSPECTIVES ON MINERAL RESOURCE DEVELOPMENT IN AFRICA

Kojo Busia* and Charles Akong**

ABSTRACT

This article argues that, after the recent boom, the African Mining Vision (AMV), upon making development central in the extractive industry, is a paradigm whose time has come. We hypothesize that the Vision is forwardlooking with a robust ideational foundation, able to seize emerging policy windows towards lasting paradigm shift for Africa’s extractive sector. The article presents a dynamic framework for analysing policy change in the extractive sector in Africa, based on the power of ideas and interests networks. While the crisis in the sector presents an opportunity, the article analyses the binding political economy constraints that African governments would have to overcome at the global, regional and country levels to implement the transformative ideas of the AMV. The article presents a matrix systematically analysing possible scenarios for implementing the Africa Mining Vision. The implementation of the AMV would likely be non-linear. Vested interests, including resistance to change and diversity of country contexts, could lead to varied outcomes in the implementation of AMV in the short and medium terms.

Keywords: Africa Mining Vision, ideas, interest’s networks, extractives sector, commodity booms.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.7

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* Coordinator, African Minerals Development Centre (AMDC).

** Economic Affairs Officer, Team Leader, Linkages Diversification and Investment, African Minerals Development Centre (AMDC).

MAKING EXTRACTIVE INVESTMENTS WORK FOR AFRICA’S DEVELOPMENT: WHAT ROLE FOR QATAR IN SHAPING THE DEBATE ON NATURAL RESOURCE GOVERNANCE?

Fantu Cheru*

ABSTRACT

At present, emerging economies such as China, are the major importers as well as investors in Africa’s extractive sector. Indeed, they maintain a “stranglehold” on the continent regarding finance for development. Their success in gaining access to the resources of Africa is linked to an effective strategy that combines trade inducements, increased investment flows, aid for infrastructure and construction and technology transfers. With the recent dramatic decline in the price of commodities, and China’s re-balancing with greater emphasis on consumption-driven growth model, growth prospects in commodity-dependent Africa has dampened. Qatar, with its abundant hydrocarbon reserves and US$10 billion foreign exchange reserves, deploys its “soft power” to enable African countries develop their extractive sector fully, industrialize and end China’s financial stranglehold on the continent. Qatar can help develop Africa’s mineral processing industries through public private partnerships and experience. This is because of Qatar’s track record as a sound manager of natural resources. This type of partnership will assist African countries to get more out of their natural resources through valueaddition, and further deepen domestic technological capacity and job creation.

Key words: Qatar, China, Africa, minerals, oil, extractive, development

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.8

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* Professor and Senior Researcher, African Studies Center, Leiden University, the Netherlands Associate Senior Fellow, Stockholm International Peace Research Institute (SIPRI).

TRANSLATING THE EXTRACTIVE RESOURCES TO ECONOMIC GROWTH AND TRANSFORMATION

George Kararach*

ABSTRACT

Most African countries are heavily endowed with natural resources. This gives the continent both the potential for, and threat to, growth/development. Natural resources yield “rents,” or profits from their production, which are crucial for resource-led development. The literature on the “rentier state” and how resource rents interact with institutions and political economy dynamics shows that rent flows through the socio-economic system influence development outcomes. Although the natural resources sector provides significant opportunities for the near term, it also does have significant risks for future generations, and the costs and benefits of resource extraction are seldom borne equitably. Ensuring social equity is a major challenge in natural resource governance, generally falling to governments to referee trade-offs and protect the most vulnerable, including current and future generations. It is critical, therefore, for the continent to address itself to important policy questions to ensure that natural resources are a boon for Africa’s sustainable growth

Keywords: Africa; sustainable growth; rentier state; development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.5 1.

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* Senior Economist at the Economic Commission for Africa, Addis Ababa, Ethiopia.