AN APPRAISAL OF HUMAN RIGHT AND ENVIRONMENTAL DEGRADATION OF OGONI LAND IN NIGERIA

AN APPRAISAL OF HUMAN RIGHT AND ENVIRONMENTAL DEGRADATION OF OGONI LAND IN NIGERIA

Abstract:

The right to healthy environment is closely integrated in the basic concept of human right, namely the „dignity inherent to all members of the human family„‟ But an environment depredated by pollution and defaced by the destruction of all beauty and variety as in the case of Ogoni land in Nigeria ,is harmful to physical and moral health There is of course an integrals link between the right to healthy environment and other human right in general .oil development has been going on in the Niger Delta area of Nigeria since 1957 and it comes at certain cost to the oil communities ,the magnitude of which remains highly debatable .the task of assessing the precise impact of oil development in the Niger Delta region is daunting and often an impossible one. For most of the studies done so far including the UNEP report commissioned August 2011 are highly controversial. As they appear to largely influenced. Thus a study undertaken by environmental or human rights ,NGOS for example, will lump most of the social and environmental problems in the are on oil development ,while report of the oil companies always insist that their operation are conducted with the highest environmental standard and that oil development is not responsible for most of the environmental problems .Another most popular factor for the inability to determine the impact of oil development in the area, are farming ,fishing .forestry and other activities .these activities combined with oil and gas development and the fragile nature of Niger Delta environment, pose great environmental dangers to the area and which in turn affect the socio-economic life of the people ,which affect the right to life, health, work, dignities of human person ,privacy of the home ,education, among other rights .however it is sad to know that the right to healthy environment is yet to be enforceable in Nigeria ,as well as some other jurisdictions. In this project the writer intend to show the in evitable interrelationship between the right to a healthy Environment, which in the broader sense includes the right to information ,right to participate in decision making by people likely to be affected by such decision and right to available and effective demostic remedies to victim (such right is not yet understood and entrenched in the Bill of right of many jurisdiction) the attainment of all the entrenched right ,such as right to life, dignity of human person, right to health etc, that may be expressly guaranteed under the Bill of right in some jurisdiction .It is intended to show that since 1972 Stockholm conference and all the conventions, protocol and treaties signed pursuant thereto. .It can be shown that not many jurisdiction have it entrenched in their bill of right, the courts have to a very large extend recognize and uphelp the right to a healthy environment as a basic fundamental human right without which all other right Cannot be enjoyed. The project examine the impact of non inclusion of right to environment in the fundamental right in section of the 1999 constitution as amended.

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THE LAW OF LIBEL AND PRESS FREEDOM IN NIGERIA

THE LAW OF LIBEL AND PRESS FREEDOM IN NIGERIA

Abstract:

Generally in all societies, great importance is s t i l l attached to individual ‘s reputation and his self esteem. For example the protection of human dignity, the concern which under l i e s libel law is given special constitutional status in Germany under their basic law and recently a person’s reputation was regarded as one of his fundamental l i b e r t i e s protected by the due process clause of the United States Constitution. Thus any one who is concern about the manifold threats to peoples reputation by a section of the Nigerian press, is bound to ask what safe guards against them are provided by the law. It is in view of these, that the topic of this t h e s i s namely The Law of Libel and Press Freedom in Nigeria has been choosen. The research gave with the backing of legal a u t h o r i t i e s , situations which lacks legal remedies, as a result meets this question in two ways viz :- (a) The research gave an account of the laws which protects and guarantees freedom of the press on one hand and peoples reputation in various context on the other hand, and cites some recent judicial decisions. (b) Secondly, the research made a number of suggestions for new legislation.

CHAPTER ONE

of the thesis consists of introduction, the historical evolution of the early and modern press in Nigeria; and the meaning of the term press freedom.

CHAPTER TWO

examines the constitutional basis of press freedom and proceed to discuss some legal restraints or limitations to press freedom.

CHAPTER THREE

focuses on the law of defamatory libel and the press in Nigeria, and also examined the extent to which English defamation laws can be applied side by side with the Customary law of defamation in Nigeria.

CHAPTER FOUR

considers the traditional defences available to a defendant of libel suits and the possible remedies available to the successful plaintiff in such action.

CHAPTER FIVE

being the last chapter consists mainly of conclusion and suggestions for new legislation

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A COMPARATIVE ANALYSIS ON THE CONCEPT OF FREEDOM OF RELIGION UNDER THE SHARI‘AH AND INTERNATIONAL LAW

A COMPARATIVE ANALYSIS ON THE CONCEPT OF FREEDOM OF RELIGION UNDER THE SHARI‘AH AND INTERNATIONAL LAW

Abstract:

This study analyzes the compatibility of Shariah with International Law on freedom of religion. As a subject of colossal complexity and variation, detailed examination is restricted to the highly contentious issues of the right to change religion (otherwise termed apostasy in Islamic law), the religious rights of non-Muslims (Dhimma) in an Islamic State, relations of law and religion (state religion), blasphemy/defamation of religion, and the application of the doctrine of jihad in defence of the Islamic faith, etc. Today, the serious disregard and infringement of freedom of religion by both State and non-State actors has kindled hatred and caused violence among people, as evidenced by severe and systematic persecution, domination and suppression by one religion or sect over the other using the instrumentality of State power in many countries across the globe. Many instances abound on the oppressive treatment and discrimination of members of minority religion or faith within a nation; arbitrary killing and violence to the life and properties of the holders of certain beliefs or sects; willful destruction of or damage to places of worship and other sacred sites of cultural and religious memory and learning in many parts of the world. In view of this, the main objective of this work therefore, is to examine what comparable or divergent visions and precepts underlie Shari‟ah law and international law in providing for freedom of religion given the fact that as to Shariah, preserving the Islamic faith is among its fundamental principles and as to international law, promotion of tolerance and friendly relations forms its very basis. To achieve this, doctrinal method of legal research was adopted, and reliance was placed on sources of information such as the primary and secondary sources of Islamic law as well as the sources of international law on the subject. It is argued that while international law contemplate protection of freedom of religion only of recent, the Shariah as a system of law and religion was the first to recognize religious toleration right from the 7th Century A.D. and in view of this, it was observed that religious accommodation in Islamic tradition is only tenable under Islamic Rule than in democracy, socialism or communism, therefore a return to Islamic Khilafah system was advocated. It was further submitted that freedom of religion in its international law conception is far from being universal and remain the most contested freedom in view of its failure to recognize other legal and cultural traditions, the Shariah in particular. The findings reveal that rules of international law related to freedom of religion are to a large extent, contradictory to those found under the Shari‟ah, it being the formulations of international standards remain largely reminiscent of Western as well as Judeo-Christian traditions to the exclusion of Islamic particularities. Consequently, much of the current legal problems associated with violations of freedom of religion in Western countries as well as by Muslim majority countries are argued as being partly due to the existent doctrinal incongruence between the two systems of laws. The study concludes with the view that attainment of “universal” standards on protection of freedom of religion is possible, only if the international community appraises itself of the relevance of Shariah within international human rights discourse as an alternative legal tradition.

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AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PRIVATIZATION AND REFORM PROGRAMME FOR THE ENERGY SECTOR IN NIGERIA

AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PRIVATIZATION AND REFORM PROGRAMME FOR THE ENERGY SECTOR IN NIGERIA

Abstract:

This Research Study titled: “AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PRIVATIZATION AND REFORM PROGRAMME FOR THE ENERGY SECTOR IN NIGERIA” was chosen after a careful review of the process and nature of the legal framework put in place in some relevant Nigeria legislations such as the Public Enterprises (Privatization and Commercialization Act) Laws of the Federation of Nigeria (LFN) 2004 (being the governing law on privatization of public enterprises) and the Electric Power Sector Reform Act No 6 2005, which provides the legal framework for the reform of the Energy Utilities in Nigeria. The Research Study explains the rationale for the implementation of the Privatization Programme in Nigeria, discusses the legal framework put in place for its implementation in order to guarantees investors’ confidence in the privatization programme and processes which should be open, transparent and sustainable as well as backed up by a strong will demonstrated by the Government at the centre. The Research Study provides an overview of the energy sector in Nigeria to include majorly, the electric power sector and the oil and gas industry and touches on the various policies and Legal Frameworks established for the privatization and reform of the Electricity Sector in Nigeria. In the same vein, the research study also highlight the key provisions of some relevant Laws that guide exploration and production of oil and gas in Nigeria over the past years such as the Petroleum Act, 2004 and the Deep Offshore, Inland Basin Production Sharing Contract Act 2004 (DOA), Petroleum (Drilling and Production) Regulations 1995 to name a few. The Research Study presents a critical appraisal of the various legal provisions that govern the regulatory institutions, evaluates the achievements or performance of the regulatory institutions (in relation to their regulatory mandates) set up to implement the Federal Government of Nigeria’s privatization programme for the electricity sector and reform of the sector, and suggest or recommend ways of improving on the effectiveness/efficiency of these institutions going forward. The Research Study stressed the critical relevance of the reform of the Energy Sector in Nigeria to the sustenance and ix growth of the national economy and therefore strongly recommend amongst others, the vigorous execution of the FGN’s reform programme for the energy sector and the strengthening of regulatory capacities of the agencies and institutions of Government that have been mandated to execute the said reform programmes. The Research Study noted that it was therefore imperative that scheduled timelines for specific privatization milestones are strictly adhered to and pursued with the seriousness it deserve and for the overall benefit of Nigerians. The Nigerian Energy Sector has suffered serious setback arising from poor infrastructure situation and improper handling and management of Energy Utilities hence the call for a reform of the sector, the objective of this thesis is to take an academic excursion into the nature of legal framework that exist and support the privatization and reform of the said Energy sector in Nigeria and make far reaching recommendations on how to strengthen the governing legal framework for the Energy sector in Nigeria which for purpose of this study is restricted to the Electricity Power Sector and to some extent, suggest or make recommendations on the proposed oil and gas sector reform in Nigeria. This research work was chosen with the aim of broadening knowledge and academic literature on privatization and reform of the Energy Sector in Nigeria generally and in particular, provide a medium for making specific academic contributions towards developing legal issues arising from the legal framework for the privatization and reform of the said Energy Sector Nigeria

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