Ernest Aniche | Federal University, Otuoke (FUO), Bayelsa State, Nigeria (original) (raw)

Papers by Ernest Aniche

Pan-Africanism served as strategies for decolonization, anti-colonial and neo-colonial struggles,... more Pan-Africanism served as strategies for decolonization, anti-colonial and neo-colonial struggles, continental unity, and means of solving African developmental challenges. Whilst, African regionalism has been a means of collective self-reliance or strategy for economic transformation and development framework. The main objective of this paper, therefore, is to examine the historical evolution of pan-Africanism and regionalism in Africa from pre-colonial to post-colonial era in order to trace the interface between them. The paper assesses the extent to which regional integration in Africa has been able to achieve its stated targets over the years. It also investigates the various obstacles, constraints, and challenges that militate against accomplishment of its objectives, opportunities, and prospects. It then interrogates the narratives of the Western neoliberal theories of integration or approaches to African integration. The paper, therefore, suggests that there is need to deconstruct them in the quest or search for paradigm shift in African integration. It contends that there is need to evolve a new theoretical approach to African integration anchored on neo-neo-integrationism of post-neo-functionalism or post-modern integrationism of post-neo-nationalism that emphasizes the initial integration on security matters through post-nationalism with the subsequent and gradual phase of integration on economic and political spheres through neo-nationalism. This should be driven by the people or private sector rather than the government or the public sector. The study is essentially qualitative and historical relying on secondary data as sources/method of data collection, and qualitative-descriptive method of data analysis.

The Brexit is unprecedented in the history of European Union (EU) and unparalleled in the annals ... more The Brexit is unprecedented in the history of European Union (EU) and unparalleled in the annals of European integration. The seemingly unexpected outcome of the Brexit referendum has instant, far-reaching and remote consequences for Britain, EU, European integration, and neo-functionalism. The implications for African countries, African Union (AU), and African integration cannot be over-emphasised. The main objective of this paper is to examine the implications of the June 23, 2016 Brexit Referendum for African integration. The paper therefore concluded that the June 23, 2016 Brexit Referendum has enormous implications for African integration. The domino effect of Brexit may not trigger exit referendum among AU member states, but it has triggered agitations for referendum on self-determination and restructuring among ethnic nationalities in member states particularly Nigeria. This intensifies centrifugal forces of sub-nationalism and disintegrative nationalism among the AU member countries. The paper suggested post-neo-functionalism as the only way out.

Historically, integration in Africa preceded European colonialism and as well predated European i... more Historically, integration in Africa preceded European colonialism and as well predated European integration. But in the scramble for Africa, the continent was partitioned into specific spheres of influence in the Berlin Conference (1884-1885) among the various European powers. This partitioning has continued to haunt Africa many years after colonialism, reinforcing the fragmentation of African economies. The shadow of the Conference is still with us such that after over a century of pan-Africanism and five decades of modern integration in Africa, African economies remain decimated. Yet all the hitherto existing theories of integration such as functionalism, neo-functionalism, complex interdependence, intergovermentalism, etc. are Euro-centric, western, parochial, or tailor-made for European integration, and therefore, not apt to explain the defects, failures and drawbacks of African integration. Thus, there is need to deconstruct them in the quest for paradigm shift in African integration. With the use of qualitative method and some indices from the secondary sources, and by relying on a new theory of post-neo-functionalism, a synthesis of neo-nationalism, post-nationalism and humanism, this paper concludes that the proposed Continental Free Trade Area (CFTA) would be confronted with some challenges capable of overcoming, impeding or confounding its prospects, or even preempting it. The study is essentially critical and prognostic.

Globally, over 150 billion cubic metres of associated gas are being flared and vented annually. A... more Globally, over 150 billion cubic metres of associated gas are being flared and vented annually. Africa flares 40 billion cubic metres annually in which 35 billion cubic metres are flared in sub-Saharan Africa. In Nigeria alone, gas flaring amounts to about 23 billion cubic metres per annum in over 100 flare sites, constituting over 13 percent of global gas flaring. This translates to greenhouse gas emission of 45 million tons of CO2 out of the global total of 400 million tons annually. Nigeria partners with the GGFR, a World Bank led public-private partnership that includes major oil and gas producing countries and companies. The GGFR was established to facilitate and support national efforts to utilize currently flared gas by promoting effective regulatory framework and tackling the constraints on gas utilization. The study essentially adopts qualitative method that relies on secondary data and applies radical environmentalism a combination of Marxism, rentierism and environmentalism as theoretical framework of analysis. The paper focuses primarily on the role of Nigeria in the GGFR vis a vis other partners; and thus, concludes that oil dependence of GGFR partners undermines the enforcement of associated gas flaring and venting reduction and elimination policy in Nigeria.

Oil is indeed the 'devil's excreta'. Consequently, gas flaring in Nigeria began with production o... more Oil is indeed the 'devil's excreta'. Consequently, gas flaring in Nigeria began with production of crude oil in 1958 resulting in serious trans-boundary environmental, energy, economic and health implications. This has led to the adoption of zero-gas flaring policy in 2003 in line with the domestication of related international initiatives and treaties in Nigeria. NNPC and international oil corporations (IOCs) from the United States of America, Britain, France and the Netherlands in oil production flared 514,779,616 standard cubic feet (scf) of associated gas out of 619,032,858 scf of total associated gas flared in 2011. Available records indicate that Nigeria's oil joint venture partners prioritised profits through increase in oil production without pegging oil production to the capacity of gas utilisation facilities required to meet policy deadline. This study focused on the assessment of the impact of oil joint venture partnerships on the enforcement of zero-gas flaring policy in Nigeria. The paper concludes that equity arrangements of the oil joint operation agreements hindered the implementation of zero-gas flaring policy in Nigeria.

The interpretation or ruling on international immunity cases are often surrounded by controversie... more The interpretation or ruling on international immunity cases are often surrounded by controversies, sometimes leading to inconsistencies. The British municipal court rulings on international immunity cases are not exception, and in fact are embodiments of inconsistencies. The judgements have been consistently inconsistent. The rulings are not just characterized by controversies; they swim in controversies. Perhaps, these inconsistencies have not been more visible than in cases involving granting of sovereign immunity to political subdivisions or federating units. This was the case in the municipal court decision to deny a serving Governor of a state in Nigeria immunity from jurisdiction. The contention of this paper is that these inconsistencies are, primarily or fundamentally, due to susceptibility of British municipal courts to British national interest, and thus, not primarily due to controversial nature of international law. The paper therefore interrogates the interface between international politics and international law. We are now living in a world where the judgements of courts are not purely based on rule of law but on dictates of politics. The relevance of this paper is demonstrated by its focus on the impact of politics on international law of immunity. The paper critically examines the legality, consistency and enforceability of international law using some case illustrations concerning the British court rulings on international immunity. It discusses the origin, development, classification and meaning of international law of immunity. The paper further identifies and explains various types of international immunity. Also, the paper differentiates between domestic immunity and international immunity. Finally, the paper acknowledges controversial nature of international law on immunity; demonstrates the inconsistency of the British municipal court rulings on international immunity; and as well, recognizes the impact of national interest to the rulings of British municipal courts on immunity cases.

NNPC in joint venture partnerships with international oil corporations (IOCs) from the United Sta... more NNPC in joint venture partnerships with international oil corporations (IOCs) from the United States of America, Britain, France and the Netherlands flared 514,779,616 standard cubic feet (scf) of associated gas out of 619,032,858 scf of total associated gas flared in 2011. This is because NNPC lays emphasis on maximisation of oil revenues over adequate financing of gas utilisation facilities. Available records indicate that NNPC and its partners in the oil joint ventures prioritised profits and revenues through increase in oil production without limiting oil production to the gas utilisation capacity required to meet policy deadline. Regrettably, flaring of associated gas has global and local environmental, economic and health implications. Thus, by adopting the rentier state theory, and qualitative method that relied on secondary sources of data, the study concludes that inadequate funding of NNPC's participation in oil joint venture partnerships constrained the financing of associated gas (AG) utilisation facilities resulting in the failure of enforcement of the zero-gas flaring policy in Nigeria.

Gas flared in association with the production of crude oil began in Nigeria under the British Col... more Gas flared in association with the production of crude oil began in Nigeria under the British Colonial rule when Shell began oil production in 1958, and with the increasing production of oil, the volume of gas flared in the process of oil production increased. In Nigeria alone, gas flaring amounts to about 23 billion cubic metres per annum of the gas generated in association with crude oil production in over 100 flare sites, constituting over 13 percent of global gas flaring out of the over 150 billion cubic metres of natural gas flared and vented annually. This translates to greenhouse gas emission of 45 million tons of CO2 out of the global total of 400 million tons annually. Even as the environmental effect of gas flaring is trans-boundary or global in terms of global warming and climate change, it has some negative environmental and health impacts on the immediate or local environment. Economically, Nigeria lost about 72billioninrevenuebetween1970and2006duetogasflaring;andcurrently,losesabout72 billion in revenue between 1970 and 2006 due to gas flaring; and currently, loses about 72billioninrevenuebetween1970and2006duetogasflaring;andcurrently,losesabout2.5 billion annually for flaring associated gas. The paradox is that the volume of gas flared annually in Nigeria can match the country's energy need and resolve the energy crisis. Among other measures, Nigerian government has set various deadlines for elimination of gas flaring but none of these zero-gas flaring deadlines has been achieved. The paper concludes that this is due to rentier character of the Nigerian state, rentier mentality of the Nigerian rentier (ruling) class and rentierism of the Nigerian economy.

The 2011 National Minimum Wage Act raised serious controversy and debate in Nigeria thereby probl... more The 2011 National Minimum Wage Act raised serious controversy and debate in Nigeria thereby problematizing the nature and structure of Nigerian federalism and fiscal federalism. By adopting qualitative method of analysis, the study concludes that, one, the trade unions' insistence on uniform national minimum wage scale hinders the enforcement of the National Minimum Wage Legislation, and two, variation in revenue profile of states in Nigeria impedes implementation of National Minimum Wage Act 2011 by some state governments. Following from the above, the study made some recommendations prominent among which are, one, amendment of some sections of the Nigerian Constitution necessary for 'true' (fiscal) federalism; two, restructuring of the structure of Nigerian federalism anchored on the principle of viability; three, allowing states to have their own minimum wage and wage structure based on their ability to pay and the subsisting cost of living or living wage.

Community policing is neither foreign nor novel to Africa. Long before the coming of Europeans, t... more Community policing is neither foreign nor novel to Africa. Long before the coming of Europeans, the traditional Igbo society of the now south-eastern Nigeria had devised means of policing its communities and curbing or preventing crime using primarily the age grade system and masquerade secret society. This approach was very effective in enabling the pre-colonial Igbo society in not just fighting crime but also in preventing crime. Given the current security challenges in the contemporary Nigerian society, there is a need to revisit this model of community policing for the purpose of preventing and curbing crimes such as terrorism, insurgency, armed robbery, commercial hostage taking (kidnapping), militancy, pipeline vandalisation, oil theft (illegal bunkering), etc. The paper also noted that taking into consideration the ‘acephalous’, decentralised, egalitarian, communalistic, ‘gerontocratic’, villagised, largely republican and directly democratic character of the traditional Igbo society is necessary for adapting its mechanism of community policing into the more complex, less decentralised, republican, federal, capitalist and indirect democracy of the modern Nigeria. The study is essentially descriptive, historical and qualitative.

China is not doing Africa any favour. China’s investment patterns, aid conditions and trade strat... more China is not doing Africa any favour. China’s investment patterns, aid conditions and trade strategies show that she is driven by her economic interest in economic relations with Africa reinforcing the decimation of African economies long fragmented in Berlin Conference (1884-1885) by European colonialism. The wide trade imbalance between China and Africa indicates that Sino-African economic relations is not relations of equals or interdependence, rather it is relations of unequal or dependence. Neo-dependency is a new form of dependency between China and Africa replacing the old dependency between industrialized countries of the North and Africa, and whichever way Africa is in the receiving end. Therefore, China is gradually changing the global financial power distribution resulting in the shift from classical dependency of Africa to the developed North to neo-dependency of Africa to China. Neo-dependency just like classical dependency discourages intra-African trade, and ensures that Africa suffers huge trade deficits in her economic relations with China thereby deepening crises of African integration and development. The study concludes that Sino-African economic relations undermines African integration, and by extension, impedes African development. The paper suggests post-neo-functionalism as panacea.

Historically, integration in Africa preceded European colonialism and as well predated European i... more Historically, integration in Africa preceded European colonialism and as well predated European integration. But in the scramble for Africa, the continent was partitioned into specific spheres of influence in the Berlin Conference (1884-1885) among the various European powers. This partitioning has continued to haunt Africa many years after colonialism, reinforcing the fragmentation of African economies. The shadow of the Conference is still with us such that after over a century of pan-Africanism and five decades of modern integration in Africa, African economies remain decimated. Yet all the hitherto existing theories of integration such as functionalism, neo-functionalism, complex interdependence, intergovermentalism, etc. are Euro-centric, western, parochial, or tailor-made for European integration, and therefore, not apt to explain the defects, failures and drawbacks of African integration. Thus, there is need to deconstruct them in the quest for paradigm shift for African integration. With the use of qualitative method and some indices from the secondary sources, and by propounding a new theory of post-neo-functionalism, a synthesis of neo-nationalism, post-nationalism and humanism, this paper concludes that the proposed Continental Free Trade Area (CFTA) would be confronted with some challenges capable of overcoming, impeding or confounding its prospects. The study is essentially critical and prognostic.

Globally, over 150 billion cubic meters of associated gas are being flared and vented annually. A... more Globally, over 150 billion cubic meters of associated gas are being flared and vented annually. Africa flares 40 billion cubic meters annually in which 35 billion cubic meters are flared in sub-Saharan Africa. In Nigeria alone, gas flaring amounts to about 23 billion cubic meters per annum of the gas generated in association with crude oil production in over 100 flare sites, constituting over 13 percent of global gas flaring. This translates to greenhouse gas emission of 45 million tons of CO2 out of the global total of 400 million tons annually. Nigeria partners with the GGFR, a World Bank led public-private partnership that includes major oil and gas producing countries and companies. The GGFR was established to facilitate and support national efforts to utilize currently flared gas by promoting effective regulatory framework and tackling the constraints on gas utilization. The study essentially adopts qualitative method that relies on secondary data and applies radical environmentalism a combination of Marxism, rentierism and environmentalism as theoretical framework of analysis. The paper focuses primarily on the role of Nigeria in the GGFR vis a vis other partners; and thus, concludes that oil dependence of GGFR partners undermines the enforcement of associated gas flaring and venting reduction and elimination policy in Nigeria.

Generally, Nigerian political parties in the present republic have been hampered by crisis of int... more Generally, Nigerian political parties in the present republic have been hampered by crisis of internal democracy thus undermining their political leadership recruitment function. Also, this has negative implications for party discipline and unity. The resultant effects are party factionalization, defection and carpet-crossing. The Peoples Democratic Party (PDP) is a good example of one of these Nigerian political parties that lacks internal democracy. In fact, PDP was a leviathan. The 2015 Election symbolized a contest between David and Goliath. The electoral outcome is that PDP has transformed from a ruling party to an opposition party. The study, by relying on the theory of relative autonomy of the state and secondary sources, concludes that the PDP authoritarianism deepened crisis of internal democracy in Nigeria and that this authoritarian character of the former ruling PDP was a reflection of the authoritarian character of the Nigerian state which is currently shaping the ruling APC. The implication being that this lack of internal party democracy in Nigerian political parties generally undermines the credibility of the entire electoral process thereby rendering the entire process undemocratic. The study is essentially qualitative, historical and inductive.

The purpose of this study is to determine if the adoption of inefficacious gas utilization techno... more The purpose of this study is to determine if the adoption of inefficacious gas utilization technologies and gas flare elimination strategies by IOCs hinders their compliance to the zero-gas flaring deadlines resulting to the failure of zero-gas flaring policy in Nigeria. By adopting rentier state theory, using qualitative methods and relying on secondary sources of data, the study concludes that adoption of ineffective gas utilization technologies and gas flare elimination strategies by oil multinationals impedes them from complying with the zero-gas flaring regime leading to the failure of zero-gas flaring policy in Nigeria.

The ghost of Berlin Conference (1884-1885) that partitioned Africa into specific spheres of influ... more The ghost of Berlin Conference (1884-1885) that partitioned Africa into specific spheres of influence has continued to haunt Africa many years after colonialism, reinforcing the fragmentation of African economies. The shadow of the Conference is still with us such that after over a century of pan-Africanism and five decades of regional integration in Africa, African economies remain decimated. This explains the reason why the announcement of the proposed Tripartite Free Trade Area (T-FTA) of the EAC-SADC-COMESA in eastern and southern Africa was received with both optimism and pessimism. The optimism concerning the prospects of the proposed T-FTA, though often exaggerated, is not totally unfounded as it could help African Economic Community (AEC) strengthen intra-RECs, and inter-RECs integration by reducing the incidence of multiple memberships and proliferation of regional economic groups and subgroups, among other things. With the use of qualitative method and some indices from the secondary sources, and by propounding a new theory of post-neo-functionalism, a combination or a synthesis of neo-nationalism and post-nationalism, this paper concludes that the proposed Tripartite Free Trade Area (T-FTA) would be confronted with some challenges capable of overcoming, impeding or confounding these prospects. The paper seeks to deconstruct and problematize neo-functionalism in African integration as well as rejects neo-functionalist, one-size-fits-all, state-centric or inter-governmental approach to integration in Africa, and rather recommends bottom-top, humanistic, people-centric or private-sector-driven approach to integration, or people-to-people integration. The study is essentially prognostic.

The United States African Command (USAFRICOM) was formally established on October 1, 2007 to achi... more The United States African Command (USAFRICOM) was formally established on October 1, 2007 to achieve US strategic, economic and security interests in Africa, and at the same time enable Africa to tackle its numerous security challenges necessary for building safe, secured, stable, peaceful and developed continent. The study concludes that, one, the organizational structure of the USAFRICOM hinders its collaboration or coordination between regional and sub-regional economic and security organizations in Africa, and two, poor collaboration between the United States and most African states has impeded on the ability of the USAFRICOM to tackle security challenges in Africa.

Historically, integration in Africa preceded European colonialism and as well predated European i... more Historically, integration in Africa preceded European colonialism and as well predated European integration. But in the scramble for Africa, the continent was partitioned into specific spheres of influence in the Berlin Conference (1884-1885) among the various European powers. This partitioning has continued to haunt Africa many years after colonialism, reinforcing the fragmentation of African economies. The shadow of the Conference is still with us such that after over a century of pan-Africanism and five decades of modern integration in Africa, African economies remain decimated. Yet all the hitherto existing theories of integration such as functionalism, neo-functionalism, complex interdependence, intergovermentalism, etc. are Euro-centric, western, parochial, or tailor-made for European integration, and therefore, not apt to explain the defects, failures and drawbacks of African integration. Thus, there is need to deconstruct them in the quest for paradigm shift for African integration. With the use of qualitative method and some indices from the secondary sources, and by propounding a new theory of post-neo-functionalism, a synthesis of neo-nationalism, post-nationalism and humanism, this paper concludes that the proposed Continental Free Trade Area (CFTA) would be confronted with some challenges capable of overcoming, impeding or confounding its prospects. The study is essentially critical and prognostic.

The act of gas flaring in Nigeria began with production of crude oil in 1958, and has since engen... more The act of gas flaring in Nigeria began with production of crude oil in 1958, and has since engendered serious trans-boundary environmental, energy, economic and health implications. This has led to the adoption of zero-gas flaring policy in 2003 in line with the domestication of related international initiatives and treaties in Nigeria. However, oil joint venture partnerships between Nigeria’s NNPC and international oil corporations (IOCs) from the United States of America, Britain, France and the Netherlands in oil production flared 514,779,616 standard cubic feet (scf) of associated gas out of 619,032,858 scf of total associated gas flared in 2011. Available records indicate that Nigeria’s oil joint venture partners prioritized profits through increase in oil production without relating oil production to the capacity of gas utilization facilities required to meet policy deadline. This study focused on the effects of oil joint venture partnerships on the enforcement of zero-gas flaring policy in Nigeria, 2003-2011. The specific objectives were to: (i) determine whether equity arrangements of the oil joint operation agreements hindered the implementation of zero-gas flaring policy in Nigeria, (ii) ascertain whether the budgeting process of the oil joint venture operations impeded the adoption of effective gas flare elimination strategies in Nigeria, and (iii) establish whether funding of NNPC’s participation in oil joint venture partnerships constrained financing of associated gas utilization facilities in Nigeria. The study adopted the rentier state theory as the theoretical framework and ex-post-facto research design. The study also made use of secondary data sourced from books, journals, conference papers and official documents from the Nigerian National Petroleum Corporation (NNPC), the Organization of Petroleum Exporting Countries (OPEC), the World Bank, Global Gas Flaring Reduction Partnership (GGFRP), the Nigerian Extractive Industries Transparency Initiative (NEITI), the National Bureau of Statistics (NBS), and the Central Bank of Nigeria (CBN). The study used logical induction to analyze the data. The major findings were that: (i) the equity arrangements of the oil joint operation agreements hindered the implementation of zero-gas flaring policy in Nigeria, (ii) the budgeting process of the oil joint venture operators impeded the adoption of effective gas flare elimination strategies in Nigeria, and (iii) the inadequate funding of NNPC’s participation in oil joint venture partnerships constrained financing of associated gas flaring utilization facilities in Nigeria. The recommendations were: (i) restructuring the equity arrangements of the oil joint venture partners in order to effectively implement zero-gas flaring policy, (ii) reforming the budgeting process of the joint venture operators for adopting effective gas flaring elimination strategies, and (iii) sufficient funding of NNPC participation in the joint venture partnerships necessary for adequately financing associated gas utilization projects.

Africa is a continent ridden by crises, and thus, confronted with enormous security challenges in... more Africa is a continent ridden by crises, and thus, confronted with enormous security challenges in the post-cold war 21st century. Regrettably, the end of cold war did not result in conflict reduction in Africa as predicted or expected, rather it exacerbated suggesting that the problem is more internal than external requiring Africa to look more inward to resolve some of these practices that cause crisis such as ethnocentrism, religious bigotry, political corruption, crisis of regime change or political succession, among others. It was under this state of affairs that African Union (AU) in collaboration with other external actors like European Union (EU) and in synergy with sub-regional security organisations in Africa effectively established the new African Peace and Security Architecture (APSA) in 2004. APSA represents a paradigm shift from the principle of non-interference of the Organization of African Union (OAU) to that of non-indifference in internal affairs of member states of AU akin to the United Nations' responsibility to protect (R2P). The mandate of APSA includes conflict prevention, management, resolution and post-conflict reconstruction. To achieve its mandate, APSA has tried to harmonise and synergise Africa's regional security arrangements with sub-regional security architectures. But the rising conflicts in Africa have shown that APSA has not been able to achieve its mandate more than a decade of its establishment. This portends ominous implications for African integration and development. In emphasising the need for " African solutions for African problems " , the paper recommends post-neo-functionalism as a panacea. The study is essentially descriptive and qualitative.