Nkiruka C Maduekwe | Nigerian Institute of Advanced Legal Studies (original) (raw)
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Papers by Nkiruka C Maduekwe
SSRN Electronic Journal, 2010
Oando Plc is a group company with six subsidiaries that cover the supply chain links of the oil a... more Oando Plc is a group company with six subsidiaries that cover the supply chain links of the oil and gas industry. The challenges and issues of the company’s supply chain (SC) are particularly prominent in view of the highly complex and dynamic nature of the oil and gas industry. Thus, in discussing the challenges and issues in the supply chain, the Report seeks to examine Knowledge Management as a key aspect of in improving the control and management of Oando’s supply chain. In view of the pressurised environment in which Oando is operating, in order to be ahead of competition, there is the need to invest in intellectual asset. The reason being that change is a constant feature in this highly competitive environment and for Oando to achieve its mission of being Nigeria’s largest integrated energy supplier, to get the best out of its intellectual asset it will have to implement KM.
SPE Nigeria Annual International Conference and Exhibition, 2015
A number of issues have arisen in the use and production of Energy, of which the most germane, re... more A number of issues have arisen in the use and production of Energy, of which the most germane, recent and having a worldwide impact is global warming. Global warming can be defined as the increase in the atmospheric temperature of the Earth's surface caused by " the greenhouse gases " (GHGs). In spite of evidence of its existence and implications, a number of people hold the view that global warming is a scientific phenomenon and not a reality. The paper seeks to discuss the reality or otherwise of Global warming and its economic implications, narrowed down to the use and production of energy in the United States. The United States is known as the highest consumer of energy and invariably making it the highest emitter of GHGs. From the research undertake in the course of the paper it can be concluded that global warming is not just a reality but its implications affect all sectors in the economy, most importantly the energy sector. The United States in realising this have refused to take a back seat but have risen up to the challenges posed by it.
EXECUTIVE SUMMARY: Oando Plc is a group company with six subsidiaries that cover the supply chain... more EXECUTIVE SUMMARY: Oando Plc is a group company with six subsidiaries that cover the supply chain links of the oil and gas industry. The challenges and issues of the company's supply chain (SC) are particularly prominent in view of the highly complex and dynamic nature of the oil and gas industry. Thus, in discussing the challenges and issues in the supply chain, the Report seeks to examine Knowledge Management as a key aspect of in improving the control and management of Oando's supply chain. In view of the pressurised environment in which Oando is operating, in order to be ahead of competition, there is the need to invest in intellectual asset. The reason being that change is a constant feature in this highly competitive environment and for Oando to achieve its mission of being Nigeria's largest integrated energy supplier, to get the best out of its intellectual asset it will have to implement KM.
This paper seeks to examine whether the application of the right of silence by a crime suspect as... more This paper seeks to examine whether the application of the right of silence by a crime suspect as provided for under section 6 of the Administration of Criminal Justice Act (ACJA) 2015 constitutes an encumbrance to the speedy dispensation of justice. Term 'crime suspect' refers to a person who (a) has been suspected of committing an act or omission, expressly proscribed by the law, and (b) this person is yet to be charged for the suspected act or omission committed. The right of silence is encompassed in the right to be presumed innocent and the privilege against self-incrimination which is expressed in the Latin maxim 'nemo tenetur seipsum prodere'. The right of silence can be exercised either at the pre-trial stage or during the trial. The right of silence being examined in this paper is that exercised by the crime suspect at the pre-trial (investigation) stage, and not during trial being that the 'crime suspect' becomes an accused (or defendant) once charged with the offence, and hence, the right of silence exercised at that stage might fall under the trial stage. The paper finds that the exercise of the right of silence by the crime suspect at the pre-trial stage, as provided for under section 6 of the ACJA 2015, does not constitute a clog in the wheels of the Nigerian criminal justice system being that firstly the right is not absolute, as it terminates once the crime suspect has consulted with the legal practitioner or person of choice. Secondly, the crime suspect is mandated to give statement after this consultation.
The advent of information – communication – technology (ICT) brought the invention of new technol... more The advent of information – communication – technology (ICT) brought the invention of new technologies that made available platforms enabling people to communicate and share information in real-time between cities, countries, and even continents. What used to be " a static pool of information to be called up by people who use it has evolved more specifically into a bi-directional communication tool in which creativity and opportunities are limitless. This trend is spearheaded by a young, trained, and innovative generation who are no longer content to communicate through e-mails and phone text, but view the internet as part of their everyday life, no longer a high-end technology ". The platform referred to is the Social Media. The social media can be defined as " a set of online technologies sites and practices which are used to share opinions, experiences, and perspective ". As a result of the rampant abuse of the social media, there have been calls by individuals and government personalities for the regulation of the platform. These calls in turn have resulted in vehement and vocal disapproval by social media users who feel that their right to freedom of expression is sought to be tightened by the government. The paper employing to a large extent, secondary sources seeks to address the issue of social media regulation, answering the following questions: what type of regulation is required? Can the social media be regulated? What are the implications of such regulation? And is regulation necessary? The paper amongst others found that there was no consensus as to what should be defined as regulation; that establishments and multi-corporations have decided not to leave the matter of social media regulation to fate but to self-implement what is known as the Social Media Policy amongst its employees. The paper recommends that Nigeria could borrow a leaf from the EU and perhaps adopt the EU Data Protection Regulation to regulate social media in Nigeria.
A country whose major source of revenue is an object of free trade zone program raises interest. ... more A country whose major source of revenue is an object of free trade zone program raises interest. The concept of Free Trade Zones in Nigeria was embraced as far back as 1992 with the purpose of providing an atmosphere that encourages both local and foreign investments. This paper seeks to examine the available legal regime in place with regards to the oil and gas free trade zone in Nigeria. It also seeks to give answers to the questions as to the efficiency and effectiveness of the regime, in light of the ever changing and developing free trade zone policies in the world-over. The paper finds that despite the innovative and laudable move by the Nigerian government in creating the first ever oil and gas free trade zone in the world, there is still the need for two vital tools: first, an effective and transparent legal and regulatory framework that will help codify the zone strategy and establish the rules of the game for all the stakeholders involved in the process, in order to address the often-difficult land issues, facilitate the provision of the required infrastructure, and ensure compliance with labour and environmental standards. Second, an established authority that would not exist in name only but have both the capacity and the resources to carry out its mandate
The Chernobyl accident of 1986 brought significant changes to the scene of Nuclear Liability Lega... more The Chernobyl accident of 1986 brought significant changes to the scene of Nuclear Liability Legal Regime. In an effort to resolve the issues exposed by the Accident, which basically was the absence of an International Legal Regime for nuclear liability, the 1988 Joint Protocol was adopted. Seventeen (17) years after its coming into force, the crucial question to ask is: has the 1988 Joint Protocol brought about an International Legal regime for nuclear liability? How relevant is it? The paper seeks to give answers to these questions. In concluding, the paper found that the Joint Protocol has not brought about an International Legal Regime for nuclear liability and it is relevant only to the extent of achieving its twin objectives, which are creating a link between the Paris and Vienna Convention and eliminating conflict in the application of either Convention. The paper recommends the adoption of a single Convention that combines both civil and state liability in order to have an International Legal Regime for nuclear liability.
After so many years of fruitless search for crude oil in the Ghana, in 2007 crude oil has been di... more After so many years of fruitless search for crude oil in the Ghana, in 2007 crude oil has been discovered in commercial quantities at the Jubilee offshore oil field. In fact, the offshore field is claimed to be the biggest find in offshore oilfields in West Africa in recent years. With examples on crude oil mismanagement from so many countries and even closer home – Nigeria, the Ghanaian government has avowed that it will not make the same mistakes but rather turn its resources into viable source of economic development for both present and future generation. The question then is how feasible is this objective? What structures does Ghana need put in place to make it a reality? This paper seeks to examine two countries that have been upheld as having escaped from the resource curse, and using their experience, proffer structures that Ghana can implement to escape the resource curse. These countries are Botswana and Norway. A huge chunk of both countries revenue stems from the natural resource they have but they have turned it into a blessing rather than a curse. The paper finds that unless Ghana internalises the lessons learnt from Botswana and Norway, their experiences will only stop short of inspiring Ghana but will not be an effective tool in escaping the resource curse.
SSRN Electronic Journal, 2010
Oando Plc is a group company with six subsidiaries that cover the supply chain links of the oil a... more Oando Plc is a group company with six subsidiaries that cover the supply chain links of the oil and gas industry. The challenges and issues of the company’s supply chain (SC) are particularly prominent in view of the highly complex and dynamic nature of the oil and gas industry. Thus, in discussing the challenges and issues in the supply chain, the Report seeks to examine Knowledge Management as a key aspect of in improving the control and management of Oando’s supply chain. In view of the pressurised environment in which Oando is operating, in order to be ahead of competition, there is the need to invest in intellectual asset. The reason being that change is a constant feature in this highly competitive environment and for Oando to achieve its mission of being Nigeria’s largest integrated energy supplier, to get the best out of its intellectual asset it will have to implement KM.
SPE Nigeria Annual International Conference and Exhibition, 2015
A number of issues have arisen in the use and production of Energy, of which the most germane, re... more A number of issues have arisen in the use and production of Energy, of which the most germane, recent and having a worldwide impact is global warming. Global warming can be defined as the increase in the atmospheric temperature of the Earth's surface caused by " the greenhouse gases " (GHGs). In spite of evidence of its existence and implications, a number of people hold the view that global warming is a scientific phenomenon and not a reality. The paper seeks to discuss the reality or otherwise of Global warming and its economic implications, narrowed down to the use and production of energy in the United States. The United States is known as the highest consumer of energy and invariably making it the highest emitter of GHGs. From the research undertake in the course of the paper it can be concluded that global warming is not just a reality but its implications affect all sectors in the economy, most importantly the energy sector. The United States in realising this have refused to take a back seat but have risen up to the challenges posed by it.
EXECUTIVE SUMMARY: Oando Plc is a group company with six subsidiaries that cover the supply chain... more EXECUTIVE SUMMARY: Oando Plc is a group company with six subsidiaries that cover the supply chain links of the oil and gas industry. The challenges and issues of the company's supply chain (SC) are particularly prominent in view of the highly complex and dynamic nature of the oil and gas industry. Thus, in discussing the challenges and issues in the supply chain, the Report seeks to examine Knowledge Management as a key aspect of in improving the control and management of Oando's supply chain. In view of the pressurised environment in which Oando is operating, in order to be ahead of competition, there is the need to invest in intellectual asset. The reason being that change is a constant feature in this highly competitive environment and for Oando to achieve its mission of being Nigeria's largest integrated energy supplier, to get the best out of its intellectual asset it will have to implement KM.
This paper seeks to examine whether the application of the right of silence by a crime suspect as... more This paper seeks to examine whether the application of the right of silence by a crime suspect as provided for under section 6 of the Administration of Criminal Justice Act (ACJA) 2015 constitutes an encumbrance to the speedy dispensation of justice. Term 'crime suspect' refers to a person who (a) has been suspected of committing an act or omission, expressly proscribed by the law, and (b) this person is yet to be charged for the suspected act or omission committed. The right of silence is encompassed in the right to be presumed innocent and the privilege against self-incrimination which is expressed in the Latin maxim 'nemo tenetur seipsum prodere'. The right of silence can be exercised either at the pre-trial stage or during the trial. The right of silence being examined in this paper is that exercised by the crime suspect at the pre-trial (investigation) stage, and not during trial being that the 'crime suspect' becomes an accused (or defendant) once charged with the offence, and hence, the right of silence exercised at that stage might fall under the trial stage. The paper finds that the exercise of the right of silence by the crime suspect at the pre-trial stage, as provided for under section 6 of the ACJA 2015, does not constitute a clog in the wheels of the Nigerian criminal justice system being that firstly the right is not absolute, as it terminates once the crime suspect has consulted with the legal practitioner or person of choice. Secondly, the crime suspect is mandated to give statement after this consultation.
The advent of information – communication – technology (ICT) brought the invention of new technol... more The advent of information – communication – technology (ICT) brought the invention of new technologies that made available platforms enabling people to communicate and share information in real-time between cities, countries, and even continents. What used to be " a static pool of information to be called up by people who use it has evolved more specifically into a bi-directional communication tool in which creativity and opportunities are limitless. This trend is spearheaded by a young, trained, and innovative generation who are no longer content to communicate through e-mails and phone text, but view the internet as part of their everyday life, no longer a high-end technology ". The platform referred to is the Social Media. The social media can be defined as " a set of online technologies sites and practices which are used to share opinions, experiences, and perspective ". As a result of the rampant abuse of the social media, there have been calls by individuals and government personalities for the regulation of the platform. These calls in turn have resulted in vehement and vocal disapproval by social media users who feel that their right to freedom of expression is sought to be tightened by the government. The paper employing to a large extent, secondary sources seeks to address the issue of social media regulation, answering the following questions: what type of regulation is required? Can the social media be regulated? What are the implications of such regulation? And is regulation necessary? The paper amongst others found that there was no consensus as to what should be defined as regulation; that establishments and multi-corporations have decided not to leave the matter of social media regulation to fate but to self-implement what is known as the Social Media Policy amongst its employees. The paper recommends that Nigeria could borrow a leaf from the EU and perhaps adopt the EU Data Protection Regulation to regulate social media in Nigeria.
A country whose major source of revenue is an object of free trade zone program raises interest. ... more A country whose major source of revenue is an object of free trade zone program raises interest. The concept of Free Trade Zones in Nigeria was embraced as far back as 1992 with the purpose of providing an atmosphere that encourages both local and foreign investments. This paper seeks to examine the available legal regime in place with regards to the oil and gas free trade zone in Nigeria. It also seeks to give answers to the questions as to the efficiency and effectiveness of the regime, in light of the ever changing and developing free trade zone policies in the world-over. The paper finds that despite the innovative and laudable move by the Nigerian government in creating the first ever oil and gas free trade zone in the world, there is still the need for two vital tools: first, an effective and transparent legal and regulatory framework that will help codify the zone strategy and establish the rules of the game for all the stakeholders involved in the process, in order to address the often-difficult land issues, facilitate the provision of the required infrastructure, and ensure compliance with labour and environmental standards. Second, an established authority that would not exist in name only but have both the capacity and the resources to carry out its mandate
The Chernobyl accident of 1986 brought significant changes to the scene of Nuclear Liability Lega... more The Chernobyl accident of 1986 brought significant changes to the scene of Nuclear Liability Legal Regime. In an effort to resolve the issues exposed by the Accident, which basically was the absence of an International Legal Regime for nuclear liability, the 1988 Joint Protocol was adopted. Seventeen (17) years after its coming into force, the crucial question to ask is: has the 1988 Joint Protocol brought about an International Legal regime for nuclear liability? How relevant is it? The paper seeks to give answers to these questions. In concluding, the paper found that the Joint Protocol has not brought about an International Legal Regime for nuclear liability and it is relevant only to the extent of achieving its twin objectives, which are creating a link between the Paris and Vienna Convention and eliminating conflict in the application of either Convention. The paper recommends the adoption of a single Convention that combines both civil and state liability in order to have an International Legal Regime for nuclear liability.
After so many years of fruitless search for crude oil in the Ghana, in 2007 crude oil has been di... more After so many years of fruitless search for crude oil in the Ghana, in 2007 crude oil has been discovered in commercial quantities at the Jubilee offshore oil field. In fact, the offshore field is claimed to be the biggest find in offshore oilfields in West Africa in recent years. With examples on crude oil mismanagement from so many countries and even closer home – Nigeria, the Ghanaian government has avowed that it will not make the same mistakes but rather turn its resources into viable source of economic development for both present and future generation. The question then is how feasible is this objective? What structures does Ghana need put in place to make it a reality? This paper seeks to examine two countries that have been upheld as having escaped from the resource curse, and using their experience, proffer structures that Ghana can implement to escape the resource curse. These countries are Botswana and Norway. A huge chunk of both countries revenue stems from the natural resource they have but they have turned it into a blessing rather than a curse. The paper finds that unless Ghana internalises the lessons learnt from Botswana and Norway, their experiences will only stop short of inspiring Ghana but will not be an effective tool in escaping the resource curse.