JOINT VENTURE AGREEMENTS AS A TOOL FOR REVITALIZING NIGERIA’S SOLID MINERALS SUB SECTOR

Abstract:

Statement The contribution of solid minerals to the Gross Domestic Product (GDP) and Foreign Exchange earnings of the country has been on the decline since the discovery of the Oil Minerals (Crude Oil) and its commercial exploitation in the late 1950s. The unwholesome reliance on the mineral has not only led to the progressive neglect of other sectors of the economy such as Agriculture, Mining, Manufacturing etc. but has also led to structural imbalances in the economy, with the effect becoming manifest in the 1990s. To address this problem the Government has decided to explore other viable alternatives that have hitherto been neglected in order to diversify the revenue base of the country. The solid minerals sub sector is a viable alternative in this regard and there are indications that if properly harnessed, the sector has the potential of contributing substantially to the revenue earnings of the country in the 21st century. However, given the long period of neglect it has suffered, concerted efforts must be made to revitalize it and properly position if for the role expected of it as a major source of revenue earning. One of the ways of achieving this objective is through the use of Joint Venture Agreements. A Joint Venture Agreement is essentially a relationship between two or more persons to conduct a common business for their mutual benefit with the underlying understanding that shall share in the profits and losses and each shall have a stake in its management. Solid minerals development encompassing the stages of prospecting exploration and exploitation is heavily capital intensive with long gestation periods and the pooling of financial resources from several partners, both local and international, under a Joint Venture arrangement is the most effective and less burdening way of developing the sub sector.

AN APPRAISAL OF THE LEGAL FRAMEWORK OF THE NATIONAL EMERGENCY MANAGEMENT AGENCY (NEMA) IN THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS (IDPs) IN NIGERIA

Abstract:

This thesis entitled: “An Appraisal of the Legal Framework of the National Emergency Management Agency (NEMA) in the Protection and Assistance of Internally Displaced Persons (IDPs) in Nigeria” is aimed at examining the constitutive legal instruments guiding the National Emergency Management Agency in the protection and assistance of Internally Displaced Persons in Nigeria, through the study of other constitutive International instruments and standards on this subject matter. The justification for this research is the concern for the plight of the displaced persons in the last five years which has been criticized by research experts and international bodies on various grounds such as; the unwillingness of Government to take bold significant measures to address the problems of internal displacement till date, lack of long term strategic planning, implementation and evaluation framework by key Institution and, the prevalence of corruption which to a large extent disrupts humanitarian efforts, among others. However, in the course of this research, the findings of the researcher (among others) revealed that there is no specific National Legal Framework on the Protection and Assistance of displaced persons in Nigeria apart from the general provisions of fundamental human rights provided in the Nigerian Constitution which is a legal right of every citizen. On this note, the objective of this research is to principally address the gaps and inadequacies in our national laws under which the National Emergency Management Agency operates. Thus in the final analysis, the researcher concluded by recommending that apart from the general legal provisions which directly or indirectly touches on the protection and assistance of internally displaced persons,, there should be specific provisions guiding the protection and assistance of the affected population as a legal basis for which the Government and the relevant institution and stakeholders can be held directly accountable for where they do not meet the required standard. There should also be an expansion of the National Emergency Management Agency Act to equip the Agency to go beyond conducting comprehensive disaster management around the country to providing durable solutions for internally displaced persons.

AN APPRAISAL OF THE DEVELOPMENT OF LEGAL FOUNDATION ON THE CONCEPT OF CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW

Abstract:

This dissertation entitled “An Appraisal of the Development of Legal Foundation on the Concept of Crimes against Humanity in International Law” aimed at examining the various constitutive legal instruments on the field of crimes against humanity in international law vis-à-vis the obligation of states to take practical measures to endure respect for the performance of such obligations under the various constitutive legal instruments. However, the justification for this research is that despite the fact that the term “crimes against humanity” has acquired enormous resonance in the legal and moral imaginations of the post-World War II which suggested that crimes against humanity are offences that aggrieved not only the victims and their own communities, but all human beings regardless of the community because such violate the very essence of the existence of humanity. Yet while the law limped lamely, the crime against humanity flourishes as if there is no law in existence, particularly of recent where there is an increase in violence at both local and international levels. For example, according to some estimates, nearly 170 million civilians have been subjected to genocide, war crimes and Crimes Against Humanity in the 21st century. In view of these events therefore the objective of this research is to identify the factors responsible for the prevalence of such crimes and to proffer solutions to the lapses identified (if any). In conclusion, it is recommended (among others) that there is the need for a specific international treaty on crimes against humanity which will provide a comprehensive definition of crimes against humanity; and by so doing it will harmonized constitutive elements of each of the crimes against humanity and promote greater certainty and uniformity in the development of the jurisprudence of the law of crimes against humanity. The sources of information relied upon here are relevant text materials, international instruments, domestic instruments, judicial authorities and internet materials