Department of Public Law
Permanent URI for this collection
Browse
Recent Submissions
Now showing 1 - 5 of 69
- ItemSustainable Development and the Exploitation of Bitumen in Nigeria: Assessing the Environmental Laws Faultlines(Beijing Law Review, 2021-03-12) OGECHUKWU MIRIAM AKINSULOREAbstract A major target or the attainment of sustainable development is the maintenance of a healthy environment within the dynamics of natural resource development. In order to achieve this target, mechanisms are put in place to ensure that prior to and during the developmental process of the resource, the environment is reasonably spared of the consequences the invasive exploitation activities. This makes it important for states to put in place laws and regulations that would guarantee the attainment of sustainable development in the natural resources section of its economy. Bitumen is one of the natural resources Nigeria has commenced commercial development in order to diversify its economy from a largely oil dependent one. Study has shown that bitumen, if not carefully monitored, has a potentially more devastating environmental footprint than petroleum. This paper therefore examines two environmental statutes in Nigeria viz the Environmental Impact Assessment (EIA) Act and the National Environmental Standards and Regulation Enforcement Agency (NESREA) Act, with the aim of ascertaining if their provisions are expansive enough to take care of bitumen’s processing requirements prior to and during development. The paper finds that these laws, in relation to bitumen development, have serious lacuna that could endanger the attainment of sustainable development in the Nigerian bitumen sector.
- ItemNATIONAL SECURITY AND THE NIGERIAN SOLID MINERAL RESOURCES: ASSESSING ILLEGAL MINING AND THE NIGERIAN LAWS(Benson Idahosa University Journal of Private and Property Law, 2018-05) OGECHUKWU MIRIAM AKINSULOREAbstract This paper assesses the national security implications of illegal mining of the solid mineral endowments of Nigeria within a resurging governmental interest in planning economic development on exploitation of these mineral deposits. The paper finds that there is wide spread illegal mining in the country with its attendant economic loss and that in spite of this organised criminal trend, government's explicit national security policy does not prioritize illegal mining as a national security concern. It also finds that extant laws and institutions established for the protection of the solid mineral deposits of Nigeria are inadequately structured to provide the needed security coverage for these minerals from illegal mining. The paper concludes by suggesting the need to upgrade the security status of the crime of illegal mining so that policies, laws and institutions entrusted with the task of protecting these national assets can be structured and directed to purging the nation of this economic crime.
- ItemLex Sportiva, FIFA's Exclusive Arbitration Clause and the Nigerian Constitution: Where does the Supremacy Lie?(GNLU Journal of Law, Development and Politics, 2022-04) OGECHUKWU MIRIAM AKINSULOREA bstract-This paper interrogates the viability of the concepts of Lex Sportiva and sports law as legal realities founding the existence of FIFA and CAS. It then proceeds to engage the tension created between FIFA's exclusive arbitration clause rule operative on its members and the sovereignty of the state's judicial power as enshrined in the Nigerian Constitution to resolve all disputes within the country's territory without exemption. Finally, the tension is resolved through careful analysis of the theory of the private mode of governance and the capacity of the state constitution to allow for the accommodation of such governance practice.
- ItemInsecurity in Nigeria and the Right to Bear Arms by Nigerian Citizens(OBAFEMI AWOLOWO UNIVERSITY LAW JOURNAL, 2019) OGECHUKWU MIRIAM AKINSULOREAbstract The spate ofviolence and criminality in Nigeria recently has ledto loss oflives of many Nigerians and the apparent inability of the Nigerian government to guarantee the safety oflives and property of its citizens informs the inquiry of this paper on the right of the Nigerian to bear arms so as to guarantee personal safety. In its analysis of the Nigerian Constitution, the Nigerian Firearms Act, case laws and jurisprudential discourse on the right to bear arms from other jurisdiction, itfinds that the right to defend one's life and propertyfrom unlawful violence is a constitutionally guaranteed right in Nigeria. It concludes that extant local laws and their regulations enacted to curtail this right are a breach of the Nigerian Constitution and that the failure of the Nigeria state to safeguard the lives and properties of its citizens activates ihe constitutional provision providingfor the defence of one's life.
- ItemFIFA’S MINIMUM STANDARD REQUIREMENT FOR PROFESSIONAL FOOTBALL CONTRACT: ASSESSING NIGERIA’S COMPLIANCE(NAU.L.REV, 2021) OGECHUKWU MIRIAM AKINSULOREAbstract Football contracts, when unmonitored, are often between parties of unequal status and capacity. The financial and organizational strength of clubs are often leveraged to the advantage of the football clubs while footballers only have their skills set as a bargaining chip –a skill that is open to competition from other football players seeking for a contract of employment for the limited space in the club. The tension that emanates between the business interest of a club and the skillbased interest of a player can often be centrifugal. The interest of the former is naturally profit oriented based on the commodification of footballer’s skills. The latter, on the other hand, is in pursuit of sporting glory and the fulfilment of a passion and less of the commercial intendment of profiteering. To avoid unconscionable contractual terms in professional football contract, FIFA provides a template for the minimum standards applicable to this type of contract. This minimum standard encompasses dual obligatory requirements expected to be fulfilled by the clubs and the professional footballer respectively. The methodology adopted in this work is largely doctrinal wherein analysis of terms contained in contracts of professional footballers in Nigeria, England and Estonia is undertaken. Information from in-depth interviews conducted is also analysed. It finds that adherence to the FIFA’s minimum standard appears to be the norm in European contracts as against that of Nigeria. It also finds that the contractual loopholes in the Nigerian contract signed by professional football players allow for manipulation by the club on performance of their obligation to the footballer. It recommends, among others, a need for a more rigorous assessment by the Nigerian Football Federation of football contracts in its repository to avoid unfavorable contracts to players that are inconsistent with the FIFA’s minimum standards