AN APPRAISAL OF THE LAW OF THE SEA AND NIGERIA’S MARINE POLICY

AN APPRAISAL OF THE LAW OF THE SEA AND NIGERIA’S MARINE POLICY

ABSTRACT

The importance of the sea not only as a source of food and means of transport but also as a potential source of finding solutions to many of man’s social, economic, political and ecological problems has created the impetus for the legal division of the world’s oceans into national and international jurisdictions. This legal regime evolved historically through state practices beginning from the Spanish and Portuguese control of the world oceans in 1493 to the signing of a broad-based and comprehensive treaty, the Third United Nations Convention on the Law of the Sea (UNCLOS Ill), in 1982. This treaty is not only a comprehensive legal instrument that embodies one of the latest codification and progressive development of international law, but is also a legal base for national ocean policies.of nation-states. Nigeria participated in the negotiations that led to the signing of the treaty in 1982. She also ratified the convention on August 14, 138’3, eight years before it came into fore,\ on November 16, 1994. This study undertakes a -:::ritical evaluation of the influence of the raw of the sea on the emergence of a comprehensive marine oolicy in Nigeria. Having done this, our general conclusion is that the evolution ~l”!rl development of marine policy depend on the politics and global legislations on the sea as nations struggle for share of the mass resources of the sea. This suggests that national ocean policies must be part of national planning which have been found to be absent in Nigeria. Besides, the complexity of the ocean medium itself requires integrative structures of various dimensions for effective ocean policy. Ocean policy, therefore, requires integration at the local, state and national  levels as well as national development planning. There must also be integration of. international ocean relations at the regional ane global levels. The most significant specific conclusions reached from our analysis, evaluation and findings are that (I) sectoral approach and lack of co-ordination and harmonization between institutions of policy formulation and implementation are the major factors which impaired the emergence of a comprehensive ocean policy in Nigeria; (ii) there is institutional inadequacy as the country does not have a central authority that oversees ocean affairs; (iii) there still exists a legislative vacuum as far as maritime laws are concerned: while some existing maritime legislations are outdated and conflict with current international practices, there are areas in which laws· have not yet been enacted; and (iv) although there is some degree of awareness as to the need for a comprehensive ocean policy in Nigeria, there is complete lack of political will on the part of governmental authorities to include ocean policy into national development plans. On the basis of these conclusions, we have made some recommendations which centre on tne national legislations for institutional restructuring in order to enhance the evolution of an intrgrated ocean policy in Nigeria

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Dec 11

APPRAISAL OF LEGAL FRAMEWORK GUIDING  VIOLATION OF REPRODUCTIVE RIGHTS OF WOMEN IN NIGERIA

APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK GUIDING  VIOLATION OF REPRODUCTIVE RIGHTS OF WOMEN IN NIGERIA

Overview

Reproductive rights, which include freedoms and rights to autonomy, health, and decision-making around reproduction, are an essential part of human rights. In Nigeria, a complex interaction of institutional, cultural, and legal variables affects the status of women’s reproductive rights. This chapter looks closely at the institutional and legislative structure that governs reproductive rights in Nigeria and evaluates the common violations that prevent women from exercising their right to self-determination and from receiving all the reproductive healthcare they need.

 

Laws Governing Reproductive Rights

 

Nigeria has a legal system that ostensibly protects reproductive rights because it is a signatory to numerous international human rights conventions and treaties. Ratifying international agreements such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which requires the state to guarantee women’s access to reproductive healthcare services and autonomy over their reproductive decisions, is crucial among these.

 

Nigeria’s Constitution protects a number of basic rights, including the rights to life, health, and dignity, which are interpreted to include the right to procreate. The 1999 Constitution recognizes the sanctity of life, the human person’s right to dignity, and the individual’s right to personal liberty under sections 33, 34, and 35. However, due to insufficient enforcement, cultural norms, and statutory loopholes, the practical implementation and preservation of these rights in the context of reproductive health frequently meet difficulties.

 

Institutional Structure and Difficulties

The institutional framework for defending reproductive rights faces many obstacles in spite of legal provisions. Reproductive health promotion is the responsibility of government organizations including the Ministry of Health, National Population Commission, and National Agency for the Control of AIDS (NACA); however, its efficacy is hampered by a lack of funding, poor policy, and uneven execution.

Furthermore, patriarchal systems, religious convictions, and cultural standards all have a big influence on women’s reproductive rights. Customs such as female genital mutilation, forced and early marriages, and son preference restrict women’s autonomy when it comes to making decisions about their reproductive health.

Reproductive Rights Violation

Nigerian women’s reproductive rights are widely and diversely violated. Maternal death and adolescent pregnancy rates are high because of limited access to comprehensive sexual education. Women’s reproductive health is further compromised by obstacles such poor maternal healthcare services, unsafe abortion practices, and restricted access to contraception.

These transgressions are further compounded by stigmatizing and discriminatory practices directed towards women seeking reproductive health services, particularly single women and those from vulnerable groups. The vulnerability of women who experience violations of their reproductive rights is increased in the absence of legal protection and enforcement mechanisms.

In summary

In conclusion, reproductive rights are recognized by Nigerian law and institutions, but there are significant obstacles in the way of their actualization. Women’s reproductive rights are routinely violated due to a combination of social attitudes, legislative loopholes, cultural norms, and inadequate resources. A multimodal strategy including legislative changes, increased healthcare access, educational programs, and the rejection of ingrained social norms that support gender inequality are needed to address these problems.

 

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Feb 18

Implementation And Evaluation of Human Rights Norms in Environmental Protection in Nigeria

Implementation And Evaluation of Human Rights Norms in Environmental Protection in Nigeria

Abstract:

This research work examined the enforceability of human rights norms in environmental protection. And critically reviews the functionality of human rights law in environmental protection and how it can be made to drive enforceability in order to reduce the impact of environmental stressors. The work treats the legal literature and theory of Environmental law and Human rights –and factors of enforcement of human rights law in Nigeria .It establishes that several theories have emerged, and a plethora of them have considered environmental human rights to be those rights that are within the realm of non- derogablerights. Making reference to the impact of international law stressors such as sovereignty, requirement of municipal ratification with particular reference to section 12 of 1999 Constitution of the Federal Republic of Nigeria as amended and the conservative and narrow interpretations of human rights law provisions that stress the enforceability of human rights norms in environmental protection, the paper surveys and maintains a well- balanced assessment of specific instruments such as, in the global setting, the United Nations Declaration on the Right to Development (1986), the United Nations Charter (1945)”, among others; and in the regional setting, the African Charter on Human and Peoples Rights (1981) as domesticated in Nigeria by Cap.10 LFN 1983 and subsequently by Cap A9 LFN 2004 among others, and significantly, the Fundamental Rights(Enforcement Procedure) Rules (2009) and the 1999 Constitution of the Federal Republic of Nigeria as amended, including their policy consciousness, functionality and limitations. The key question that needs an answer is whether and to what extent Nigerian law guarantees applicability of human rights norms in environmental protection? In an attempt to answer this question, we examined the extent to which domestic laws reflect the aspirations of global environmental norms and means by which they are structured. The problem is settled with an answer to a fundamental question. First, to what level of enforceability are the policies emanating from these non- derogable laws, directly and practically implemented and applicable in Nigeria? This study therefore discovers that even with the applicability of African Charter on Human and Peoples Rights amongst other associated laws which have been enhanced by the provisions of the Fundamental Rights (Enforcement Procedure) Rules (2009), compliance to, and enforcement of environmental rights  in Nigeria remains challenging.

  • Background of the Research

The importance of observing human rights in any legal system and its significance cannot be overemphasized. Notably, one of the lessons  of  globalization  and  the new international economic order is the increasing awareness that  the enforcement  of human rights is a cornerstone in the realization of sustainable development, nationally and internationally. To this end, looking at the concept and nature of sustainable development, and what it professes, the importance of a  legal  system lies not only in ensuring civil liberties but in addition creating a viable environment where economic development and social equity can be enjoyed.

 

Nigeria has ratified plethora of human rights treaties that seek to  set globally  applied standards. Some of these standards, especially in recent times  are  not limited to civil liberty domain rather they serve as prelude to the realization of both socio-economic, cultural and solidarity rights  which make room for the realization  of sustainable development . These rights in essence form the new international economic and legal order and thus emerges the concept of sustainable development which “environmental law’’ seeks to promote.

ESSAY AND DISSERTATIONS ON ENVIRONMENTAL LAW IN NIGERIA

Within the context of environmental law however,  are  the  ontological  and historical dimensions. These dimensions depict a mother-child correlation or evolution theory. It is established that human rights of the second and third generations which of course, are developed from that of the first generation, all as reminiscent of natural law, are now being codified with minimum standards. These standards areraised by international law and made tangible by municipal law. Thus, emerges the consciousness that there are environmental rights, such as the right to a clean and healthy environment, the right to development, the right to participate in  the developmental and approval process, the  right  to  environmental  information, the right to compensation and the right of access to justice. They are however, the corollaries of the right to life.

 

In addition to this development, in 2012, the United Nations Environment Programme (UNEP) and the United Nations Office of the High Commissioner for Human Rights (OHCHR) have strengthened their collaboration in the field of the

nexus between human rights and environmental protection during the  United  Nations conference on sustainable development. In the same year, the United  Nations Human Rights Council as part of its special procedures appointed an Independent Expert on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment and appointed Professor Knox to this position. In line with his appointment as an Independent Expert and as a part of his obligation, in 2014, at the regional level, a consultation was made by the  Independent Expert on the constitution of environmental rights at Johannesburg, South Africa. The consultation was convened by the United Nations Independent Expert on human rights and environment and the United Nations Environment Programme(UNEP) and the legal Resource Centre (LPC).1

 

This studytherefore analyzes the standard of observation of environmental rights in Nigeria, and challenges of enforceability in order to develop animproved legal framework for applicability of environmental rights in Nigeria. We would seek to determine to what extent Nigerian legal system implements and enforces these natural law rights.

Statement of Problem

There has been much concern by Nigerian citizens and advocacy groups who have raised issues and cast aspersion on the environmental impasseand thereaction of people towards corporate attitude in curbing environmental hazards resulting from industrial activities.A recent report by the United Nations Environment Programme (UNEP) on the pollution of environment in the Niger-Delta area of Nigeria, as well as the serial conflicts between host communities, federal agencies and the industrial community, illustrates a lucid account of human rights problems in relation to environmental protection. This looms large in the oil and gas industry

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Mar 14

ASSESSMENT OF PETROLEUM PROFIT TAX UNDER THE NIGERIAN TAX LAWS

CHAPTER ONE


1.0 GENERAL INTRODUCTION

Petroleum Profit Tax Act provides that: Assessment of tax shall be made in such form and in such manner as the Board shall authorize… But neither the Petroleum Profit Tax Act nor any other tax law in Nigeria made any provision for the definition of the term “tax” or the phrase “assessment of tax” or “the assessment of petroleum profit tax”. In an Australian case of Mathews v. Chicory Marketing Board. a tax has been defined as “a compulsory exaction of money by a public authority for public purposes, or taxation is raising money for the purpose of government by means of contributions from individual persons.”In addition, Mr. Justice Roberts, in an American case of United State v. Butler, defined tax as follows: A tax in general understanding of the term and as used in constitution, signifies an exaction for the support of government.”Accordingly, tax is not an optional payment or voluntary donation to the government. It is rather, a kind of an enforced contribution exacted in accordance with the legislative authority. Therefore tax, in modern period takes the forms of pecuniary burden laid upon individuals or property to support government. It is normally imposed by statute.

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