• Corporate Social Responsibility and Chinese Oil Multinationals in the Oil and Gas Industry of Nigeria: An appraisal

      Ekhator, Eghosa O. (2014-12)
      This article focuses on the extant corporate social responsibility ǻCSR) practices in the oil and gas industry in Nigeria. The oil and gas sector of Nigeria has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One way of curing the inherent problems is the use of CSR by many oil multinational corporations (MNCs) operating in Nigeria. This article focuses on the Chinese oil irms operating in the oil and gas industry in Nigeria and investigates if they operate on the same basis as the Western irms. It seeks to determine whether the variants of CSR practised by non-Western irms in Nigeria have had negative or positive impacts in the oil and gas industry especially with China’s contribution to Nigerian economy.
    • The Impact of the African Charter on Human and Peoples’ Rights on Domestic Law: A Case study of Nigeria

      Ekhator, Eghosa O.; University of Chester (Taylor & Francis, 2015-06-09)
      The African Charter on Human and Peoples’ Rights (African Charter) establishes a system or mechanism for the promotion and protection of human rights in Africa within the framework of the African Union (formerly known as the Organisation of African Unity). The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The African Charter is the first regional mechanism to incorporate the different classes of human rights in a single document. There have been a plethora of academic postulations indicating that the African Charter has impacted Nigerian Law minimally. This article contends that the African Charter has impacted positively on Nigerian law notwithstanding the academic postulations to the contrary.
    • Overcoming the (non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria

      Ako, Rhuks; Stewart, Ngozi; Ekhator, Eghosa O.; University of Hull; University of Benin; University of Chester (Springer, 2015-12-13)
      The legal framework regulating socio-economic rights in Nigeria is ambiguous. These rights, listed under Section II of the constitution titled Fundamental Objectives and Directive Principles, are non-justiciable by virtue of section 6(6)(c) of the constitution. However, Nigeria as a dualist state has adopted (ratified and domesticated) the African Charter on Human and People’s Rights (African Charter) in accordance with relevant constitutional provisions. Therefore, the provisions of the African Charter are (arguably) part and parcel of Nigeria’s laws, thus ‘justiciable’. This paper aims to critically examine the status of the socio-economic rights in Nigeria, specifically the right to a healthy environment. With extant literature arguing either for or against the existence of the right to a healthy environment in Nigeria this paper adopts a holistic approach by critically considering both sides of the argument. Premised on the doctrine of harmonious construction, the paper aims suggest a means to end the debate that currently the surrounds the existence and (non)justiciable nature of the ‘right’ to a healthy environment in Nigeria.
    • Protecting and Promoting Women’s Rights in Nigeria: Constraints and Prospects

      Ekhator, Eghosa O.; University of Chester (Eleven International Publishing., 2019-06-27)
      Women in Nigeria face many challenges and discriminatory practices under some extant laws and customs. The Nigerian society is inherently patriarchal. This is due to the influence of the various religions and customs in many parts of Nigeria. Women are seen as the ‘weaker sex’ and discriminatory practices by the state and society (especially by men) are condoned. This chapter highlights some of the recent reforms that have impacted positively on the promotion and protection of women’s rights in Nigeria. These reforms include the appointment of female Justices to the Supreme Court and the enactment of laws such as the Violence against Persons (Prohibition) Act 2015 amongst others. This paper contends that notwithstanding the development of these reforms and laws, women in Nigeria still face many state sanctioned discriminatory practices. The methodology adopted in this study is of a qualitative nature that consists of library based texts analysis.
    • Protection of the Environment and the International Salvage Convention 1989: An Assessment

      Ekhator, Eghosa O.; University of Chester (St. Mary's University School of Law, Ethiopia, 2016-09-30)
      This article focuses on the International Salvage Convention and the protection of the environment in salvage operations. The article traces the evolution and history of the law of Salvage to its present status by using the UK as a case study. In essence, the article seeks to ascertain the extent of current international regime on salvage in protecting the environment. The question that this article poses is: Does the International Salvage Convention 1989 accord enough protection to the environment against the backdrop of global efforts to promote environmental protection and sustainable development? The article begins with a brief synopsis of the underlying principles of salvage including the rule of ‘no cure-no pay’ followed by an appraisal of the events that culminated arguably in the development of the International Salvage Convention 1989 to safeguard the environment in the course of salvage operations. A systematic analysis of the defects inherent in the International Salvage Convention 1989 vis-à-vis protection of the environment are analysed and a number of reforms are highlighted.
    • PUBLIC REGULATION OF THE OIL AND GAS INDUSTRY IN NIGERIA: AN EVALUATION

      Ekhator, Eghosa O.; University of Chester (Golden Gate University Faculty of Law, 2016)
      Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public regulatory framework in the oil and gas sector in Nigeria, the fundamental ills or malaise afflicting the industry will not abate.
    • Realizing Substantive Rights to Healthy Environment in Nigeria: A Case for Constitutionalization

      Ekhator, Eghosa O.; Anaebo, Onyeka K. (Sage, 2015-06-05)
      There has been never-ending debate concerning the right to a healthy environment and the extent to which the law has provided for or guaranteed the right in national and international contexts. Whilst some countries have expressly recognised the right to a healthy environment in their constitutions and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights, especially where domestic legislation is either lacking, inadequate or ineffective. This article will contend that constitutionalising (rather than regionalising before a human rights commission or treaty) environmental rights domestically would improve environmental outcomes in Nigeria. To further buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to the environment in South Africa which has constitutionalised the right to the environment.
    • Regulating the activities of Multinational Corporations in Nigeria: A Case for the African Union?

      Ekhator, Eghosa O.; University of Chester (Brill Academic Publishers, 2018-03-05)
      Due to the ineffectiveness of the extant regulatory framework (not limited to home country, host country and international law) governing the activities of multinational corporations (MNCs), new regulatory paradigms have been advocated by scholars. Arguably, the African Union (AU) (and its mechanisms) can be the basis of MNC regulation in Africa. However, regulation of the activities of MNCs operating in Africa appears not to be among the major or pressing priorities of the African Union (AU) and its institutions. There is no normative and institutional framework at the AU level regulating the activities of MNCs in Africa. There are, however, moves to design measures to redress this anomaly. This article will focus on the development of recent strategies by the AU and its institutions to “regulate” the activities of MNCs in Africa and its implications in Nigeria.
    • Regulation of Multinational Corporations in the Oil and Gas Industry in Nigeria: Civil Society as Behaviour Modification Agents

      Ekhator, Eghosa O.; University of Chester (University of Benin, 2018)
      This article focuses on the roles of Civil Society Organisations (CSOs) in the regulation of oil Multinational Corporations (MNCs) in Nigeria. Arguably, the void created in the oil and gas sector in Nigeria by the non-performance of government regulatory bodies and the non-implementation of existing legal enactments is gradually being filled by CSOs. CSOs in Nigeria have proved by their antecedents that they have major roles to play. Thus, CSOs have engaged in information gathering, standard setting and behavior modification activities. However, this paper focuses on behavior modification activities of CSOs in the oil and gas industry in Nigeria. This article contends that the regulatory activities of CSOs in Nigeria have led to a somewhat ‘decentred regulatory approach’ in the oil and gas industry in Nigeria. In decentred regulation, the state is one of many actors in the regulatory regime or process. Thus, the interactions inherent in decentred regulation are said to strengthen the regulatory process. Arguably, CSOs in Nigeria have engaged in the regulatory process in the oil and gas industry, thereby impacting positively on the regulatory paradigm. The interactions of the CSOS in the oil and gas industry are at the core of this paper.
    • Traditional Oath-Taking as an Anti-Corruption Strategy in Nigeria

      Ekhator, Eghosa O.; University of Chester (Independent Corrupt Practices and Other Related Offences Commission (ICPC) Nigeria, 2019)
      The concept of corruption is culture-bound. In the UK, it is unusual and criminal for public officers to accept gifts. However, corruption is seen to be part of the culture of many developing (especially Asian and African) countries. In Nigeria, corruption is seen to be a negative part of the administrative or bureaucratic culture and a way of life. This paper will argue that because of the institutional failures of the Nigerian state in the area of corruption, recourse to the ‘traditional’ oath-taking akin to the variant used in customary arbitration cases amongst many communities (in Nigeria) to corruption cases might be a useful strategy to help fight the scourge of corruption. Furthermore, this chapter suggests that the Nigerian government should extend the jurisdiction of customary courts (via constitutional amendment) to try corruption cases arising from the anti-corruption statutes enacted since the return of democracy in 1999. This will reduce the pressure on the superior courts of records in the country.
    • Women and the Law in Nigeria: A Reappraisal

      Ekhator, Eghosa O.; University of Chester (Bridgewater State University, 2015)
      Women in Nigeria face many challenges and discrimination under some extant laws. This paper will focus on some of these laws and their impacts on women in Nigeria. The first section will focus on a brief history of Nigeria as a background to the paper. Nigeria’s unique legal system will be briefly highlighted. The second section of the paper will highlight aspects of Nigerian laws accentuating discrimination against women. Some of these laws will include the Labour Act, the Police Act, customary practices and sexual violence laws amongst others. The third part of the paper will focus on the reforms of the extant laws. Some of these reforms include judicial activism of judges in Nigeria, regional and international treaties which Nigeria has signed and ratified (and in some cases, domesticated), and the social activist roles of the Civil Society Groups or Non-Governmental Organisations (NGOs) in Nigeria. The fourth section will proffer some recommendations. The final section will be the concluding part of the paper