AJIEEL

AN APPRAISAL OF GAS TRANSMISSION AND TRANSPORTATION, UNDER THE PETROLEUM INDUSTRY ACT, 2021

Kibuebu Joseph Francis — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
The Petroleum industry Act, 2021 is a giant stride by the federal government to over haul the marketing and distribution network of as infrastructure. It provision will impact significantly on the security of supply and affordability of domestic and industrial product supply of petroleum gas if fully implemented. This article seeks to bring to the fore the need for government to galvanize both the legal Framework and institutional framework in order to realise the objectives of the PIA. The methodology utilized by the seminar paper is doctrinal research. An array of relevant statute, case laws, bye laws, treaties, and literatures of scholars in related field were consulted, reviewed and analyzed. The reason for adopting doctrinal methodology is the choice and nature of the paper topic or subject matter. The writer observed that there is inadequate as transition network and distribution facilities. Te paper also found tat is accounts for sort fall of security of supply of domestic as product. Te paper further found that the high cost or un-affordability of security of supply is as a result of scarcity of supply. The paper recommends that ambiguous provisions and imprecise language as contained in the PIA should be made explicit; there should be privatization liberalization and commercialization of the market for gas supply and security of supply. Te writer is of te opinion tat if te provisions of the PIA as in respect as distribution and transmission are fully implemented, Nigeria will be an Eldorado of as market and security of supply.

EVALUATING THE INTERNATIONAL ARBITRATION OF OIL AND GAS INVESTMENT DISPUTE SETTLEMENT IN NIGERIA

Bisina, Lucky N. — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
This paper examined international arbitration as a tool for resolving investment disputes in Nigeria’s oil and gas sector, a critical industry that contributes significantly to Nigeria’s Gross Domestic Product (GDP), foreign exchange earnings and government revenues. This sector is marked by high-risk investments and complexity and often faces disputes arising from regulatory changes, fluctuating global prices, environmental concerns and contractual breaches. Arbitration, particularly in cross-border investments, provides a neutral, efficient and flexible mechanism for resolving such disputes. Using a doctrinal research methodology, the study analysed statutes, case law, international treaties, and academic sources. Findings revealed that while arbitration offers benefits such as neutrality and enforceability, there are still some challenges that must be addressed as a matter of urgency. Issues include resistance to enforcement of arbitral awards by Nigerian courts on grounds of national interest, high arbitration costs and biases favouring foreign investors. Nigeria’s legal framework, including the Arbitration and Mediation Act 2023 and the Petroleum Industry Act 2021, supports arbitration but lacks procedural clarity, leading to delays and inefficiencies. The paper concluded that legal reforms are essential to strengthen arbitration processes, enhance enforcement mechanisms and align Nigeria’s framework with international standards. Such reforms would foster investment stability and improve Nigeria’s attractiveness as an investment destination by reducing legal uncertainties. The paper recommended legislative and judicial improvements in order to achieve these goals.

REGENERATIVE FORESTRY AND AGRICULTURE PRACTICES: A RESPONSE TO THE CLIMATE EMERGENCY AND BIODIVERSITY DECLINE IN DEVELOPING NATIONS.

Cleverline T. Brown — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
This study examines the critical significance of regenerative forestry and agriculture techniques as a tactical response to the growing climate emergency and biodiversity loss in developing countries. Land use changes, pollution, and habitat degradation are cited as direct consequences of agricultural operations that contribute to biodiversity loss. Climate change concurrently affects biodiversity and agricultural productivity dramatically, driven by both natural and human forces. The study explores the effects of agriculture on biodiversity, the environment, and climate, highlighting the need for a sustainable strategy and acknowledging the urgent need for nature-based solutions to climate change and biodiversity loss. Agriculture must implement mitigation techniques for climate change since it poses a global hazard to food, the environment, and human security. This study is based on research that highlights the detrimental effects of climate change on the human population and the environment, in addition to the necessity of addressing these effects through nature-based solutions. It also examines the widespread and escalating threat that climate change poses to ecosystems and biodiversity, emphasising the pressing need for an all-encompassing solution, this study discusses the various effects of climate change on developing countries, such as reduced resources for forestry and agriculture, water scarcity, and food and people insecurity. It highlights regenerative forestry and agriculture methods as viable solutions that help restore biodiversity while simultaneously reducing the impacts of climate change and biodiversity loss. By combining knowledge from these various sources, the study offers a thorough summary of how regenerative approaches might improve sustainability and resilience in underdeveloped countries' environmental discourse.

PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITY ON CLIMATE CHANGE

Okocha, Orogbum Raymond — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
This paper examined the Common but Differentiated Responsibility in International Law. This paper
examined further equality in change and the history behind the principle of common but differentiated
responsibility. The work made use doctrinal approach in the course of the research which includes the use
of both primary and secondary sources that is cases, treaties of conventions, internet sources, textbooks,
journals and articles. This paper found that the existence of inequality in economic interdependence on the
side of natural resources derivable from the environment has given rise to the call for international
cooperative efforts as this has done mud the waters of environmental exploitation. The paper also
discovered that International environmental law has produced the principle of common but differentiated
responsibility to address the issue of whose obligation it is to protect the environment and how such burden
should differ according to the strength of a developed state to that of a developing state. However, this idea
of differential treatment has been criticized by states with high economic strength on the bases that it does
not cover all beneficiaries appropriately. The paper opines that the concept of common but differentiated
responsibility is centered on treating states differently on the bases of their developmental strength. The
paper concluded by suggesting that there should be a medium through which states would be made to
account accurately on how they have protected the environment on the bases of their expertise, use of
technology and financially and also that there should be a central policing unit to serve as a watchdog to
states.

NIGERIA’s BLUE ECONOMY: ECONOMIC AND ENVIRONMENTAL SUSTAINABILITY

Prof. Samuel C. Dike — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
Our marine environment is vital to our survival as it is fragile. Its protection and preservation cannot be
overemphasized. The exploration of the marine environment is key to the existence of the global economy
which is why its sustainable usage is important. This is what blue economy entails. Every coastal country
has blue economy potentials and Nigeria is one of them. This paper therefore discussed doctrinally,
Nigeria’s blue economy potentials, the challenges and prospects around an economic and environmentally
sustainable blue economy for Nigeria. Although the potentials were revealed, it was also revealed that the
blue economy sector is faced with serious challenges such as the lack of adequate funding, working policy
framework, among others., that need to be tacked urgently. Recommendations were provided to that effect,
primarily focusing on political will, creating and implementing a working blue economy framework,
implementing existing legal and institutional framework, enhancing marine environmental protection and
managing the countries resources among others in order to fully enjoy the benefits that lie therein.

THE NIGERIAN CONSTITUTION AND THE GENDER QUESTION

Nwoloko, Nwadiutor Meshach — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
The consensus in modern democracies is that the constitution should be based on inclusivity. However, the
Nigerian constitution is replete with provisions which on interpretation, either deny the realities of women
or outrightly discriminate against them. In Nigeria, it is observed that womanhood is reduced to a mere
infidel and a second-class citizen; hence there is the commonality of a general belief system that the best
place for women is in the ‘kitchen’. This trend has brought about tremendous misrepresentation of women’s
rights at the level of the family down to the circular society. This paper examines the gender inequality in
the Nigerian constitution; it argues that women played a minimal role in the history of Nigerian constitution
making. This article also posits that child marriage is one of the roots of gender injustice in Nigeria. This
article highlights and briefly discusses some aspects of the 1999 Constitution that are directly and indirectly
discriminatory against women. It is the submission of this study that all forms of inhuman discrimination
and gender inequality must be challenged and opine for a deliberate, sensitive, consistent and systematic
approach to gender relations this should include gender mainstreaming in all aspects of life. The researcher
of this article adopts the doctrinal research methodology.

A LEGAL APPRAISAL OF SAFETY AT SEA AND MARINE POLLUTION, COLLISION AT SEA, SALVAGE, SHIP WRECK AND POLLUTION OF SHIP IN NIGERIA

Felix Nnadi Ordu — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
Safety at sea is a complex and challenging issue, but it is one that is essential to the safe and efficient
operation of the maritime industry. Currently marine pollution is an increasing threat to a healthy marine
environment. Indeed, marine pollution may severely damage the environment, including ecosystems, and
human health. The paper examined the topic; “Safety at Sea and Marine Pollution, Collision at Sea,
Salvage, Ship Wreck and Pollution of Ship”. The research methodology adopted is the Doctrinal Research
Method where both primary sources of law derived from constitution, statutes, subsidiary legislations,
caselaw, treaties, conventions, and protocols, while the secondary sources were derived from textbooks,
journals and electronic articles from verified sources. The objective of the presentation includes: the
conceptual clarification of terms such as pollution; analyzing the concept of safety at sea, marine pollution,
and more; highlighting the safety at sea, marine pollution and international laws ratified by Nigeria, a
comparative analysis of best practices from other jurisdictions. The paper finds that issue of marine
pollution is at the forefront of international discussions; that as comprehensive as the Nigerian Law of the
Sea may seem in the books, they are plagued with the challenge of adequate implementation, checks and
supervision. The paper gave a concise conclusion on issues bothering on safety at sea and marine pollution,
as well as practicable recommendations on more enlightened ways Nigeria can embrace international
decisions on the protection of the sea from pollution and degradation through adopting a legal framework
that draws on international laws of sea and foreign laws of other nations.

EXPLORING THE ROLE OF INNOVATIONS IN THE COMPANIES AND ALLIED MATTERS ACT 2020, IN PROMOTING ENTREPRENEURSHIP AND START-UP ECOSYSTEMS IN NIGERIA

Umeji Uzoamaka Njideka — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
This paper examines the role of legal and regulatory innovations in the context of the Companies and Allied
Matters Act (CAMA) and other relevant laws in promoting entrepreneurship and startups in Nigeria. It
explores recent reforms aimed at simplifying business registration, enhancing corporate governance, and
providing a more supportive environment for new ventures. The chapter delves into how these legal changes
have influenced the ease of doing business, access to financing, and the overall entrepreneurial ecosystem
in the country. By analyzing key provisions such as the introduction of single-member companies, the
impact of (CAMA) 2020 on entrepreneurship and startups, the promotion of the corporate governance system,
the reduction of bureaucratic hurdles, and the increased protection for minority investors, it assesses the
effectiveness of these reforms in fostering a thriving startup culture. Furthermore, the paper discusses the
challenges that still remain, including gaps in enforcement and the need for further legal innovation to
ensure a sustainable and inclusive entrepreneurial landscape in Nigeria. Through this analysis, the paper
aims to provide insights into the critical interplay between law, innovation, and entrepreneurship, offering
policy recommendations to strengthen the legal framework in support of startup growth.

EVALUATING THE IMPACT OF PETROLEUM INDUSTRY ACT (PIA) ON PRODUCTION SHARING CONTRACT (PSC) IN NIGERIA PETROLEUM INDUSTRY

Green, Joshua Tamybas Justice — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
This paper examined the impact of the Petroleum industry Act (PIA) on production sharing contract PSC)
in Nigeria Petroleum Industry. The basic principle underlying the PSC is that the oil company causes the
whole cost of exploration stipulated by the contract and is rewarded if a commercial discovery is made. It
is followed with a share in production revenue determined by agreement. After several years of
experimenting the PSC regimes, Nigeria’s Petroleum was found to be enmeshed with several challenges
which include corruption, inefficiency, lack of transparency and accountability. To solve these problems,
Nigeria enacted a new regulatory Act, the petroleum industry act (PIA) effective 16th August 2021. The
paper reveals that the ambition of the government is to attain 40 billion barrels of reserves and production
levels of crude oil per day. The PIA also prescribes 30% of NNPC profits to fund exploration for frontier
basins. The PIA made provision for renewed PSC. The provision paved the way for resolution of lingering
disputes which created investment uncertainty and stifled new investments in the nation’s deep offshore
assets. In summary, the renewed PSC provided by PIA would provide several benefits such as improved
long term relationships with contractors, elimination of contractual ambiguities especially in relation to
gas terms, and enable contract renewals. The paper recommended that NNPC Limited should increase
Crude Oil supplies to local refineries and Dangote Refinery to increase refined products to enhance energy
security in Nigeria. The paper further recommended the reduction of taxes, royalty and signature bonus to
encourage investment in Nigeria’s petroleum industry

NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT: AN ASSESSMENT OF IMPLEMENTATION CHALLENGES

Isa Yusuf — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
Nigeria understandably opted to introduce local content requirements into the oil and gas industry,
purposely to create jobs locally, provide locally oil firms, manufacture local goods for oil and gas sectors
and acquire new skills and technology. However, local content regime in Nigeria is not without some
challenges, obstacles and barriers. This article, therefore, is intended to appraise the legal regime using
content analysis with an objective of unrevealing the implementation challenges and the benefits or success
recorded so far after the coming of the Act. The article posits that local content regime in Nigeria had
developed an unrealistic targets that can hardly be achieved with the current business environment and;
there was an apparent conflicts with the Nigeria's international obligations and World Trade Organization
(WTO) treaties and some bilateral agreements. Hence, the article recommends for the setting of realistic
targets that are intendem with Nigeria's capacity and capabilities. Also, measures of ease of doing business
intendem with Nigeria's international obligations must be put in place with a view to enhancing
participation of Nigerians and their indeginiuos oil and gas company.

THE PRINCIPLE LEGISLATION ON LAND MANAGEMENT AND CONTROL IN NIGERIA

Emeyi, Ikashi Saturday — Thu, 09 Jan 2025 00:00:00 +0000

The principle legislation on land management and control in Nigeria is the Land Use Act. This law was
adopted from the Land Tenure Law of Northern Nigeria 1962, under which the control and management
of all land in the Northern part of Nigeria was under the control of the Governor of the then Northern
Region.

DEALING WITH SUTAINABILITY ISSUES AROUND THE NEWLY COMBINED NATURAL GAS INITIATIVE OF THE FEDERAL GOVERNMENT FOR AUTOMATED VEHICLES IN NIGERIA

Prof. Samuel C. Dike, Agwor Charles I.G — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
The Federal Government of Nigeria recently introduced Combined Natural Gas for vehicular transport
fuel as alternative to the conventional premium Motor spirit (PMS) and Diesel for automated Vehicles in
Nigeria. The Objective is to provide alternative cheaper and more environmentally friendly fuel type for
Nigerians, following the removal of petroleum products' subsidy and the ensuing price spikes for a unit
pump _price of various petroleum products in Nigeria. This Initiative was not accompanied with the
adverse environmental footprint for gas and the resultant air pollution that would result from the
commercial application of CNG in Nigerian roads. With a population of over 250 Million people and above
50 percent either owners of cars and or using one form of vehicular transportation or the other, it is believed
that this initiative should address or envisage the environmental and sustainability issues around any
commercial application of CNG in Nigerian roads which are already despoiled by Second handed vehicles.
The Authors will analyze the environmental and sustainability impacts of the Nigeria's application of CNG
as alternative fuels for transport vehicles and make informed recommendations drawing from similar well
established laws and regulations from the USA and UK.

A CRITICAL EXAMINATION OF PASSING OF PROPERTY AND RISK IN SALE OF GOODS CONTRACT IN NIGERIA AND UK: A COMPARATIVE APPROACH

Eberechi Jack Osimiri — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
Passing of property in the goods has over the years been recognized as one of the most important aspect of
sale of goods contracts: on the ground that passing of property in the goods from the seller to the buyer in
ascertained or unascertained goods, involves the delivery of the goods and the risk of loss. It also involves
the various stages of parties’ performance of their obligations. Though, the intention of the parties can be
discerned from the terms of the contract, conduct of the parties and the circumstances of the case in
specific/ascertained and unascertained goods, but there are problems of the buyer bearing the risk of loss,
when the goods have been shipped but has not been delivered/received by the buyer. The challenges was
observed more in a cost, insurance and freight (C.I.F.) contract/transportation term particularly when
goods are bought afloat and the buyer is deemed to have assumed the risk of loss on shipment. There was
also problem of transfer of property in unascertained goods forming part of the bulk and goods in undivided
shares forming part of the bulk. In order to resolve these problems, that a doctrinal method of research
was used: whereof we used the primary research materials such as Sale of Goods Act, 1893, (which is
statute of general application in Nigeria) Sale of Goods Act, 1979 of England, and the Sale of Goods
(Amendment) Act, 1995 of England and case laws; secondary research materials like opinion of law writers
in textbooks, journals and tertiary sources like online materials. We found out that in interpreting the
intention of the parties, due regard is not made to the nature of the goods which is the subject matter of the
contract. Our findings also include that the application of rule 5 of section 18 of the Act, relating to passing
of risk and property in unascertained goods forming part of the bulk and property in the goods in undivided
share forming part of the bulk, there are harsh and inequitable effects on the transactions of parties
particularly against the buyer. We further found that with the provisions of sections 20A and 20B of the
English Sale of Goods (Amendment) Act 1995; such harsh and inequitable provisions of sections 16 and
18 rule 5 of the 1979 English Sale of Goods Act, has been cushioned. At the end, we recommended that the
provisions of the amended Sale of Goods Act 1995 (English) should be adopted in Nigeria, by amending
the current sale of Goods Act 1893, as Nigeria Sale of Goods Act in order to remedy the harsh effects and
litigations in this respect.

AN ANALYSIS OF WORKERS’ PROTECTION IN THE LABOUR ACT 2004 AND THE EMPLOYEE’S COMPENSATION ACT 2010 IN NIGERIA

Onu, Nengimote — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
The protection of workers’ human rights involves a complex interplay of international, regional and
national laws. Legal issues often arise from the need to balance the rights of workers with the interests of
employers and the state. Workers have the right to form unions and bargain collectively, however, there
are legal restrictions or barriers to unionisation, like the issues arising from strike (the no work, no pay
policy in Nigeria), leading to disputes over the scope of these rights. Legal frameworks exist to protect
workers from sexual harassment in the workplace, but enforcement and the process proving harassment
can be challenging. Discrimination in employment violates principles of equality and non-discrimination
found in international human rights instruments like the International Covenant on Economic, Social and
Cultural Rights and the Convention on the Elimination of All Forms of Discrimination Against Women.
Workers can also face illegal and unfair dismissal, leading to disputes over the reasons for termination and
the appropriate remedies.

CASUALIZATION OF EMPLOYMENT IN NIGERIA: AN ANALYSIS

Chinda Richard Gershon, Akah Chidi John, Ogbonda, Victor Chiguyaru — Thu, 09 Jan 2025 00:00:00 +0000

Abstract
The casualization of labour in Nigeria has become widespread with employers in both public and private
sectors increasingly relying on casual workers to cut cost on the basis of the privailing economic
challenges. This practice has led to conflicts between workers, labour unions, and employers. Employers
view casualization as flexible and cost-effective, while labour unions argue it infringes on workers' rights
to unionize and engage in collective bargaining. Casual workers face significant disadvantages compared
to permanent employees, including lack of benefits, statutory protection, and lower pay. They are often
deprived of compensation for injuries, union memberships, collective bargaining rights, and social security
benefits. This paper analysed the rise of casualization in Nigeria, its legal framework and its adequacy. It
identified massive unemployment and globalization as key factors driving casualization. It highlighted the
precarious nature of casual work, which leads to instability, lack of essential benefits, and vulnerability to
exploitation. The paper submitted that the absence of enforceable labour laws for casual employment in
Nigeria exacerbates these issues, contributing to poverty and socioeconomic inequality. It recommended
inter alia that Nigeria's labour laws, particularly the Labour Act 2004, be amended to align with
international standards and adequately regulate casualization in line with the lessons from other
jurisdictions like the USA, China and Ghana.