the language of politics, governance and law. There is a relationship between democracy and political violence in Nigeria since the start of multi-party politics in 1999. C. Wright Mills and the Nigerian Power Elite, NIGERIA: WHAT IS TO BE DONE? To browse Academia.edu and the wider internet faster and more securely, please take a few seconds toupgrade your browser. Since Nigeria discovered the black gold in Oloibiri, Bayelsa state in 1956, the environment has been wrought with oil spills which have caused the degradation of farmland and gradual destruction of aquatic life through the exploration and exploitation of crude oil. Concepts of democracy and civil rule were reviewed. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. Legal systems in Nigeria: overview | Practical Law The analysis follows survey data to address the hypotheses raised. The Supreme Court on Tuesday rejected what would have been a radical change in election law, dismissing the theory that state legislatures have almost unlimited power to decide the rules . ENVIRONMENTAL LAWS AND FACTORS AFFECTING THEM IN NIGERIA: CASE STUDY OF GAS FLARING LAWS IN NIGER DELTA, LEGISLATING SECURITY OF SUPPLY OF PETROLEUM RESOURCES IN NIGERIA: CURRENT PRACTICE, NEW DIRECTION AND LESSONS FROM BRAZIL, NORWAY AND THE UK, icj report access to justice nigeria 22 feb 2012, Article ID: IJCIET_10_05_027 Petroleum Sector: How Efficient, Lessons from Legal Transubstantiation: Analysing the Nigerian Environmental Protection Regime, PROBLEM OF PROOF AND CAUSATION IN ENVIRONMENTAL LITIGATION IN NIGERIA.docx, The State of Environmental Monitoring in Nigeria and Ways to Improve It: Case Study of Niger Delta, Environmental Constitutionalism Okonkwo Copy, Environmental Rights (?) What form does your constitution take? The Rule of Law in Nigeria Foreign Enterprise in Nigena: Laws and Policies. These are to ensure the ease of doing business for. /d) in 2018. Human rights in Nigeria Amnesty International As the global community moves into the post-MDG era, the study examined the role and relevance of Political Science in advancing the objectives enshrined in the Sustainable Development Goals in Nigeria. In examining post-independence constitution-making in Nigeria, this chapter finds that military rule blighted Nigerias capacity to respond appropriately to the challenges of federalism. But what is the rule of law? The paper recommends that definite and conscientious steps should be taken to implement the domesticated conventions, protocols, international laws and instruments, by following the laid-down legal guidelines. This unilateral colonial creation, "the artificial boundaries of the states which emerged upon the European imperial expansion have salient implications for political development in these states" (Elaigwu, 1993:1). BUT WHAT DO WE SEE TODAY? This period of over five decades is significant because it has lasting legacy on political culture and formation of political parties and associations, bloc building and orientation for Nigerian citizenship, the institutions of government and decision making process and mechanisms for participation in governance and Nigerias democratic process. Peace keeping is a peaceful third party intervention which operates with a set of guiding principles that include the consent of the parties to the conflict, impartiality and the non use of force except in self-defense. More so, the resources expended on peacekeeping operations by Nigeria are at the expense of the country's domestic imperatives welfare of citizens and infrastructural development. Essentially, secondary sources of data were used in the study. Similarly, the above questions are a manifestation of controversies among scholars on the subject matter (law and politics) See Full PDF Download PDF Related Papers About Us Home Country Commercial Guides Nigeria - Political Environment Nigeria - Country Commercial Guide Twitter LinkedIn Email Political Environment Links to the State Department's website for background on the country's political environment Last published date: 2023-06-06 Statutes such as the constitution of the federal republic of Nigeria (as amended), criminal code violations, conventions and decided cases. It will also look at the effect these laws have had on oil pollution and if they have succeeded in addressing this burning issue. It was not long after the discovery of oil in the small town of oloibri Bayelsa state in 1956, that commercial exploration started in 1958. Sorry, preview is currently unavailable. [EUSER - BUCHAREST - Conf Proceedings ICSS 2014 VOLUME I ], A Review of Residential Segregation and Its Consequences in Nigeria, The Political Economy of Nigeria's Power Sector Reforms: Challenges and Prospects, 2005-2015. PAUL 0. The existing law that appears to regulate gas flaring in Nigeria is not effective as it does not completely prohibit gas flaring but only provide monetary penalties for continued flaring of gas by oil companies in Nigeria. By using our site, you agree to our collection of information through the use of cookies. Information reveals that there were great women in the past that ruled and dominated kingdoms but currently the statistics Participation Of Women In Politics In Nigeria: Legal . These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. What are the implications for national development? After nearly three decades of cumulative military rule, the country returned to civilian governance in 1999 under a presidential system of government. $7.50. (PDF) Law and the Politics of Impeachment in Nigeria: Interrogating the (PDF) Constitutionalism in Nigeria: Politics and Law in an Emerging PDF Psychology of Politics and Politicians in Nigeria: the Human and Social Also, there should be a clear mandate between agencies for an effective enforcement of the laws. In the Nigerian State, this has not always been the case from the colonial to the post-colonial era. The Upsurge of Oil Theft and Illegal Bunkering in the Niger Delta Region of Nigeria: Is There a Way Out? However, the provisions of the Act will not preclude States from enacting laws to address generation, transmission and distribution of electricity within the States, sanction joint collaboration with the Federal Government, Local Government and organised Federalism has been described as the best form of governmental organization capable of accommodating diversities of interest. In area and population it is one of the largest new countries of Africa south of . The Constitution of the Federal Republic of Nigeria 1999 (as amended) (Nigerian Constitution) is the main constitutional law of Nigeria. This paper seeks to highlight the various legislations that have been enacted by the federal government to arrest this unfortunate reality. Scholars, legal professionals, and religious leaders from Botswana, Ethiopia, Ghana, Liberia, Malawi, Namibia, Nigeria, Rwanda, Sierre Leone, South Africa, Tanzania, Togo, Uganda, the United Kingdom, and the United States gathered in Legon for the two-day event. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. It submits that the problem with constitutionalism in Nigeria is poor leadership and poor implementation of the Constitution. Cases of pipeline leakages have become rampant in Niger Delta; this has influenced negatively the social, economic, and ecological life in the region. A great democracy must either sacrifice self-government to unity or Preserve it by federalism. It assesses the available academic research on law enforcement governance, and contrasts it with an in-depth case study of drug law enforcement. It also analyzes the costs and benefits of the operations to the country within the period under review. He went further to define democracy as: A system of government based on the acquisition of authority from the people; the institutionalization of the rule of law; the emphasis on the legitimacy of rules; the availability of choices and cherished values The judicial arms of government appear to be at the receiving end of this power tussle. Nigeria is Africa's biggest producer of crude, with production capacity estimated at 2 million barrels per day (bbl. Nigerian Sociological Review 2(1) 2007. Nigeria: A Rogue State in the Wake of Umar Farouk Abdulmutallabs Terror Adventure? POLITICS AND LAW IN AFRICA - Academia.edu Politics of defection in Nigeria can be traced to 1951, when several members of NationalCcouncil of Nigeria and Cameroon (NCNC) defect to the Action Group (AG) just to deny Dr. NnamdiAzikiwe and his party (NCNC) the majority in the Western Regional House of Assembly, which the party required to form the government in the Western Region (Adejuwon. Its for the interest of my fellow political science student, http://www.academia.edu/attachments/33364133/download_file?st=MTUwMjAwMTE4OSwxOTcuMjExLjYzLjEyOA%3D%3D&s=swp-splash-paper-cover, International Journal of Advanced Academic Research (IJAAR). In examining post-independence constitution-making in Nigeria, this chapter finds that military rule blighted Nigerias capacity to respond appropriately to the challenges of federalism. It was managed on the basis of the customs and traditions of the various ethnic groups that formed the country. Nkem Amadike Governments of developing states have latched onto such milestones in environmental governance to create robust regulatory frameworks in their territories. The literature including journal articles, conference papers, government documents and news papers were reviewed to understand the influence of the established policies on communities affected by oil spills. The study concluded that there is no specific legal framework that prohibits gas flaring in Nigeria in spite of the environmental problems associated with it. REVENUE ALLOCATION IN NIGERIA: NEED FOR REFORM? Employing the basic propositions emanating from the Marxist theory of the Post-Colonial State, the study, beyond the conventional positions of scholars, argued that the non-adherence to the dictates of politics was implicated in the failure of Millennium Development Goals in Nigeria. (Pdf) Global Environmental Politics and Environmental Law in Nigeria PDF Commentaries on the Electricity Act, 2023 - assets.kpmg.com This dissertation aims to assess the role of colonial legacies in creating political instability in Nigeria, by evaluating the link between colonial legacies and the issues of tribalism (ethnic competition) and political corruption in the colonial and post-colonial period. It submits that the problem with constitutionalism in Nigeria is poor leadership and poor implementation of the Constitution. ABSTRACT This review is designed to critically evaluate the problems of policy implementation in Nigeria. K . Read: Supreme Court decision on LGBTQ and business owners' rights - CNN (eds. The ndings blame the distortions in the educational system on the ineffective implementation engendered primarily by lack of political will, lack of continuity of programs, and corruption. By using our site, you agree to our collection of information through the use of cookies. I, hereby, express my gratitude for this gentleman's contribution to development of our law". To learn more, view ourPrivacy Policy. It submits that the problem with constitutionalism in Nigeria is poor leadership and poor implementation of the Constitution. The study considered the history, function, effect of oil exploratory activities of oil companies in Nigeria having caused gas flaring resulting in loss of lives and properties in the affected communities where gas is flared. 2014, Mediterranean Journal of Social Sciences. This is equal to 40 percent of Africas natural gas consumption in 2001 while the annual financial loss to Nigeria is about 2.5 billion dollars. The study found out that federalism could not be blamed for all the social-polical problems in a multi-ethnic society like Nigeria. Selected dominant ethnic group constituted the population. Every person is subject to the ordinary law within the jurisdiction.4 In Dicey's5 exposition; It is the absolute supremacy or predominance of regular law as opposed to the INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES, PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH, LAW, DEMOCRATISATION AND SOCIAL CHANGES (2012 NALT CONFERENCE) (eds. K . After nearly three decades of cumulative military rule, the country returned to civilian governance in 1999 under a presidential system of government. To learn more, view ourPrivacy Policy. 0 0 0 0 0 0 0 0 F 0 2 A. Enter the email address you signed up with and we'll email you a reset link. TERRORIST NOW ROAM OUR ENVIRONMENT FREELY DICTATING WHO MUST BE IN POSITION OF POWER. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. it discusses the interdependent that exist between politics and law as well as how law facilitate and restraints politics vis-a-vis how politics shaped and determined the enforceability of law See Full PDF Download PDF Related Papers Also, there should be a clear mandate between agencies for an effective enforcement of the laws. PDF The Rule of Law Democracy and Good Governance in Nigeria PDF Policy Implementation and its Challenges in Nigeria of Nigeria and covers all aspects and segments of the power sector value chain in the country. Is law a creature of political order? This kind of separation of powers is known as the horizontal separation of powers. Academia.edu no longer supports Internet Explorer. The specific objectives of the study included: showing that environmental sustainability could only be achieved by regulating the energy sector of countries; showing how laws regulating non-energy sectors could contribute to promoting environmental sustainability; and showing that technology-specific renewable energy support mechanisms or strategies have been most effective and efficient, and that production-based support mechanisms or strategies are better for the development of renewable energy projects than investment-based support systems Compared to previous research, this study was novel because it evaluated specific measures by which law, in order to achieve environmental sustainability, could introduce renewable resources into the Nigerian energy stream predominantly dominated by crude oil. Regrettably, this system is founded on a militarily-conceived constitution lacking a fully enforceable bill of rights and clear governmental functions. Enter the email address you signed up with and we'll email you a reset link. The study found that, constitutionally, the House of Representatives as one of the legislative chambers at the federal level of the Nigerian Government has the mandate to legislate for good governance which includes curbing corruption. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. With the continued manifestation and intensification of poverty, child and maternal mortality, unemployment, HIV/AIDS and other economic problems in Nigeria after the expiration of the deadline set for the realization of the Millennium Development Goals, the preoccupation of the existing scholarships have been channeled in interrogating the fundamental impediments to the actualization of these goals. Reason being that a party's manifesto is drafted based on the adopted ideology which its candidates, if elected, would execute for the greater good of the country. The paper recommends that government and the oil and gas industries revisit the existing policies to in-cooperate compensation for damages due to oil spills, or enact a separate law specifically for damages from oil spillages. Michel Rosenfeld & Andrs Saj (eds. (eds. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. These are the nature of questions that scholars and political scientist have over the years sought to provide answers to. Political Behaviour in Nigeria Politics is the act of exhibiting political consciousness, while expressly engaging in objectively overt political activities is political behaviour. The regulations are aimed to reduce the dangers that emanates from industrial activities and safeguard the surroundings and wellbeing. (PDF) Rule of Law and Democracy in Nigeria: A Study of Legislative and THE RIGHT TO SELF-DETERMINATION; THE CONSTITUTIONAL ISSUES IN NIGERIA: THE CASE OF INDIGENOUS PEOPLE OF BIAFRA (IPOB) IN VIEW BY EBOH CHINEDU NWACHINEMERE, ESQ. An Evaluation of Factors Influencing Residential Segregation in Selected Areas of Bauchi Metropolis, Northern Nigeria, Freudian Repetition and Restoration in Sylvia Plath's Life, Art, and Death, Urbanization and Housing for Low-Income Earners in Nigeria: A Review of Features, Challenges and Prospects, Performance Assessment of Partnership Estate Surveying and Valuation Firms in Lagos State, Nigeria, Chief Zebrudaya as an Archetype of Molieresque Persona: A Satire of Nigerian Postcoloniality, The Implementation of Peace and Security Programme initiative in Nigeria: The Role of NEPAD, The Niger Delta Crisis in Nigeria: Pre and Post Amnesty Situation, Political Parties, Ideology and the Nigerian State, The Old Roots of the Italian Health Legislation, Water for Cities in Nigeria: The Governance Dimension, Analytical Skills for Policy Practice: A Social Policy Framework to Address Corruption as a Social Problem for Development in Nigeria, DEMOCRACY AND THE CHALLENGES OF CONSOLIDATION IN NIGERIA'S FOURTH REPUBLIC, Effects of College Roommate Relationships on Student Development at a Private University, Southern Nigeria, Natural Resources, Energy and Sustainable Development, Socio-Psychological Effects of Political Violence and War on Gender in Nigeria, The New Egypt: Socio-political Dynamics and the Prospects of the Transition to Democracy, The Pension System and Retirement Planning In Nigeria, New Public Management and Developmental State: Revisiting the Institutional Imperatives in Nigeria, Rural Development Policies and the Challenges of Realizing the Millennium Development Goals in Nigeria. Supreme Court rules for web designer who refused to work on same-sex PDF The Introduction of Limited Liability Partnership Law in Lagos State of At the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The study discussed how suitable these strategies are to the peculiar conditions of Nigeria. Regrettably, this system is founded on a militarily-conceived constitution lacking a fully enforceable bill of rights and clear governmental functions. The study establishes that the policies are laudably pronounced theoretically rather than practically. Despite these provisions of the constitution, there are presently in Nigeria disputes and controversies concerning the meeting points of the powers allotted the various arms of government. The paper concludes by recommending reduction of financial cost of peacekeeping and prioritizing the welfare of citizens. This dissertation focused on the relationship between federalism as a political system and social-economic outcomes. THE RULE OF LAW IN GOVERNANCE IN NIGERIA - African Journals OnLine A summation of the historical experience and trends of political development in the Nigerian State re-echoes thus: In the Nigerian or African sense of it, the situation is carried to an extreme, as getting what or authoritative allocation is done without deference to the rule of the game. Analysis of safety and environmental regulations for downstream petroleum industry operations in Nigeria: Problems and prospects, AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF GAS FLARING IN NIGERIA, Evaluation of the Statutory Regime of Corporate Environmental Liability in the Oil and Gas Sector in Nigeria, Commonwealth Law Bulletin Corporate accountability in the Nigerian oil and gas sector: coping with uncertainties PLEASE SCROLL DOWN FOR ARTICLE, Commonwealth Law Bulletin Corporate accountability in the Nigerian oil and gas sector: coping with uncertainties, Environmental Policies within the Context of Compensation fo 2018 Procedia E, TOWARDS BRIDGING GAPS IN ENVIRONMENTAL GOVERNANCE IN NIGERIA LIMITATIONS, An Overview of the Legal Framework for Oil Pollution in Nigeria, Legal and Institutional Framework for Promoting Environmental Sustainability in Nigeria Through Renewable Energy: Possible Lessons from Brazil, China and India, ENFORCEMENT OF ENVIRONMENTAL REGULATORY LAWS IN NIGERIA BY, Transparency: A Tool for Effective Environmental Governance in Nigeria, Environmental Protection in the oil and gas industry in Nigeria: the roles of governmental agencies, Corporate Liability in a New Setting: Shell and the Changing Legal Landscape for the Oil Industry in the Niger Delta, THE ENVIRONMENT, OIL AND HUMAN RIGHTS IN NIGERIA, Conservation Laws and Climate Change in Nigeria, ENVIRONMENTAL REGULATORY APPROACH OF THE UPSTREAM OIL AND GAS INDUSTRY IN NIGERIA: AN APPRAISAL OF THE PRECAUTIONARY AND POLLUTER PAYS PRINCIPLE, Moving Beyond the Blame Game- Finding Solutions to the Environmental Issues in the Niger Delta. The law here guides against the misuse or misapplication of the formation of the various steps or stages obviously involved in the formation of a truly binding contract which the law can enforce giving the peculiarity of the Nigerian terrain. The policies lack consistency, enforcement and overlaps of mandates which is contradicting and controversial for the affected communities. This paper is a review of some instructive environmental policies and guidelines in the Nigerian oil and gas industry in relation to compensation for environmental damages resulted from oil spillages. Global Journal of Politics and Law Research Vol.8, No.1, pp.68-89, January 2020 Published by ECRTD-UK ISSN: ISSN 2053-6321(Print), ISSN: ISSN 2053-6593(Online) 68 THE INTRODUCTION OF LIMITED LIABILITY PARTNERSHIP LAW IN LAGOS STATE OF NIGERIA AS AN ALTERNATIVE TO THE EXISTING FORMS OF BUSINESS ORGANIZATION: ECHOES OF A NEW DAWN? Oil spills occurrences stood at 6,744 spills with 2,369,470 barrels between 1976-2000, of this number, an estimated 1,820,410.5 barrels 77% was deposited into the environment, though a cumulative figure of 549,060 barrels of oil, signifying 23.17 per cent of the whole was however recovered. NIGERIA Executive Summary The constitution and other laws and policies protect religious freedom and, in practice, the government generally respected religious freedom. 20 SAN Admit Failed Status of Nigerian Bar, Bench and Judiciary: Commits to their Redemption. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. At the heart of these crises are weak democratic institutions, which are sustained by bad leadership and a culture of impunity. A 2015 law prohibits torture and cruel, inhuman, or degrading treatment of arrestees; the elite model was adopted for the analysis of the paper. Iwuamadi, Ph.D, J. Ibrahim, Musa Abutudu, REBRANDING NIGERIA, THE ROLE OF LAW WITH REFERENCE TO FUNDAMENTAL RIGHTS, Policing Reform in Africa: Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime, Law and Politics in Nigeria: The Political Functioning of the Judiciary in Colonial Nigeria, 1940 1960, POLICE AS A FORM OF CRIMINAL JUSTICE SYSTEM, 'A Federal Constitution devoid of constitutionalism: The case of Cameroon' in Constitutionalism and Democratic Governance in Africa: Contemporary Perspectives from Sub-Saharan Africa, From Military Rule to Constitutional Government: The Case of Nigeria, NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: LAW 211 COURSE TITLE: NIGERIAN LEGAL SYSTEM 1, Constitutional Designs and Reforms in Sub-Saharan Africa Since 1999: A comparative Analysis of Ghana and Nigeria, Britains colonial administrations and developments 1861-1960 a, "The dawn of constitutionalism in Nigeria in Mbondenyi, M. K., and Ojienda T. ), Constitutionalism, Constitution Making and Constitutional Reform in Africa: Contemporary Perspectives from Sub-Saharan Africa, Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903-58, FEDERAL UNIVERSITY LOKOJA LEGISLATIVE OVERSIGHT IN NIGERIA: A COMPARATIVE ANALYSIS OF THE FIFHT AND SEVENTH SENATE BEEN A PROJECT PRESENTED TO THE DEPARTMENT OF POLITICAL SCIENCE FOR THE AWARD OF BACHELORS DEGREE IN POLITICAL SCIENCE, Enforcement of Foreign Judgments in Nigeria, Muslim Family Law In Sub-Saharan Africa: Colonial Legacies and Post-Colonial Challenges, The challenges of federalism in a multi- ethnic African society, THE PROBLEM OF CONSTITUTIONAL EVOLUTION IN NIGERIA AND LIBERIA, The Quality of Justice is Strained: The Death Penalty in Nigeria, A butterfly that thinks itself a bird: the identity of customary courts in Nigeria, ETHNIC CONFLICTS AND THE RIGHTS OF CITIZENSHIP IN NIGERIA'S FEDERALISM BY SULE ABDULLAHI ADAMU A LONG ESSAY PROJECT SUBMITTED TO THE, Housing Needs and Land Administration in Nigeria: Problems and Prospects, Nigerian National Assembly and Domestication of Treaties in Nigeria's Fourth and Fifth Assembly, MEMORANDUM ON TRUE FEDERALISM SUBMITTED BY THE 'RESTRUCTURE NIGERIA' COMMUNITY AS A RESPONSE TO THE APC COMMITTEE CALL ON TRUE FEDERALISM, Journal of Institutional Economics When do institutional transfers work?
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