A Critical Appraisal of the Impact of the Activities of Multinational Oil Corporations on Human Rights in the Niger Delta Region of Nigeria

ABSTRACT

Multinational Oil Corporations (MOCs) are oil  prospecting  and  mining  industries with different subsidiaries in joint venture agreement with State owned Oil Companies in different regions of the world. In Nigeria, the activities of these MOCs are most prominent in oil producing communities in the Niger Delta Region. The MOCs operating in Nigeria have impaired the environment of the host communities through negative oil exploration activities resulting in oil pollution that led to increased poverty, unimaginable underdevelopment and human rights violations and violent conflicts. Multinational oil corporations are powerful entities that could not easily be held accountable for their atrocities under domestic  jurisdictions because they wield a high influence on host governments coupled with non- justiciability or lax environmental laws that prevail. Therefore, this thesis will examine the different possibilities for extraterritorial legal action against MOCs by relying on the opportunities provided by American Alien Tort Claims Act of 1798.  This  work  further studied the application of international human rights jurisprudence to provide the linkage between human rights violations and the operations of multinational oil corporations in  Nigeria. Hence,

This Law thesis, will “Critically Appraise the Impact of the Activities of Multinational Oil Corporations on Human Rights in the Niger Delta Region of Nigeria”.

This research work will be divided into seven chapters. Chapter one presents a general introduction of the thesis. Chapter two will consist of definitions and analysis of conceptual frameworks while Chapter three will be an analysis of national and international legal  standards on the protection of human rights to development, freedom from exploitation of natural resources, environmental pollution and peace while chapter four will discuss the complicity of multinational oil corporations on human rights violations in the Niger Delta Region. Chapter five will examine the various ways in which the activities of MOCs have affected the development, security situation and limitations on access to justice for litigants challenging illegalities of the Multinational Oil Corporations in the Niger Delta Region.  Chapter six will address the linkage between multinational corporations and human rights accountability in home states. Lastly, this thesis will be concluded with chapter seven which presents the summary of findings, conclusion and recommendations  in  resolving  the  problems associated with the activities of MOCs operating in Niger Delta Region of Nigeria.Download Full Material-N5000

AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

Abstract:

One of the problems this research discovers is that of conflict of interpretation of the requirement of consent provision as provided under sections 21 and 22 of the Land Use Act. This problem leads to conflicting decisions by the Apex court, the development that always puts the lower courts in dilemma as to which of the decisions of the court to apply in cases relating to alienation of land. Another problem the research discovers is that of non-compliance in that the cumbersome nature of the consent requirement makes people to alienate land without complying with the requirement of the law. Therefore, the research appraised and analyzed consent requirement, the hardship meted out by its interpretation by the courts. It also looked at the issues and challenges of the research and finally proffered some solutions to same. The methodology adopted in this work is doctrinal which is library oriented. The research found that there is conflict of decisions by the courts on cases relating to alienation of land. It also found that consent requirement is too wide, thus making the powers of the governor to be discretionary and cannot be challenged even by the holder himself. It again found that people engage in land transaction without complying with the requirement of the law. Finally, it has been recommended that the apex court should judicially and judiciously look at their previous decisions on consent requirement in order to avoid conflict of interpretations. It also recommended that consent clause should completely be removed or time limit for governors to give consent be fixed and if it expires, consent should be deemed granted. Banks need to be very careful by ensuring that mortgagors obtained consent and from proper authority.

AN EXAMINATION OF THE PROTECTION OF WOMEN’S RIGHT TO HEALTH UNDER INTERNATIONAL LAW: A CASE STUDY OF NIGERIA

ABSTRACT

Every individual is entitled to the full protection of their rights because they are human beings. Men and women also experience health challenges but because women go through some biological and social processes that carry health risks like pregnancy and child birth they require adequate health care to be able to fulfil these roles. The research aimed to examine women’s right to health as a neglected issue that leads to maternal and infant mortality; to examine women’s right to health as a fundamental human right whose importance is such that no derogation should be encouraged and also to explain how socio-cultural practises contribute to abuse of women’s right to health. The main objective of the research is to show that the Nigerian legal system has not been able to capture the extent of women’s right to health under several international Conventions that Nigeria is a party to. In line with these aims and objectives, questionnaire and interview survey was administered on health professionals and women, hospitals were also visited in order to determine how lack of healthcare facilities and personnel affect the status of women’s health in Nigeria. The methodology used in the research is both empirical and doctrinal. The research observed that there is a plethora of international and national laws and instruments that aim at protecting women’s right to health but lack of political will on the part of government and cultural beliefs hinder the enforcement of some of these laws. An analysis was made of the international and domestic legal framework for the protection of women’s right to health in Nigeria, the challenges militating against the protection of these rights were discussed and recommendations were proffered that Nigeria should be willing to perform its obligations under the international convention to which she is a party including the Protocol to the African Charter on Human and Peoples’ Rights in Africa also known as the Maputo Protocol, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), International Convention on Economic, Social and Cultural Rights (ICESCR), Convention on the Rights of the Child (CRC) et cetera. Judicial Activism should be encouraged in Nigeria. The right to health should be treated as an extension of the right to life as has been done in India. This is because the provisions of Chapter 11 of the Indian Constitution are pari materia with Chapter 11 of the Nigerian Constitution on Fundamental Objectives and Directive Principles of State Policy.Download Full Material-N5000