CHRISTIAN WIGWE | Rivers State University of Education,Port Harcourt,Nigeria (original) (raw)

Papers by CHRISTIAN WIGWE

Development of Company Law and Practice in Nigeria xrays corporate law practice in Nigeria from t... more Development of Company Law and Practice in Nigeria xrays corporate law practice in Nigeria from the pre colonial era to the colonial era and to what is obtainable presently. This revised edition is an improvement on the first edition published in 2015. What is the common structure of company law - or, as it would be put in some jurisdictions, business corporat ions - across different national jurisdictioq s? Although this question is rarely asked by corporate law scholars, it is critically important for the comparative investigation of corporate law. Recent scholarship often emphasizes the divergence among European, American, and Japanese corporations in corporate governance, share ownership, capital markets, and business culture. But, notwithstanding the very real differences across jurisdictions along these dimensions, the underlying uniformity of the corporate form is at least as impressive. Business Corporations have a fundamentally similar set of legal characteristics-and face a fundamentally similar set of legal problems-in all jurisdictions . This book examines all of these and more.

This study deals with the question of whether in practice the policies of the World Bank and the ... more This study deals with the question of whether in practice the policies of the World Bank and the International Monetary Fund (IMF) erode the sovereignty of the borrowing member states. Sovereign powers that are subject to international law are inherently vested in states. However, some of these powers are delegated to the World Bank and the IMF in the enabling instruments empowering them to execute specific duties towards preventing the recutTence of events such as those that led to the economic depression of the i93os and the World War II. With the delegation of sovereign powers clearly provided in the constituent documents of these institutions, the legitimacy of their exercise of sovereign powers are not in doubt, yet there is a growing concern astowhether their policies are consistent with or even ultra vires the legal framework as provided in their constituent documents. Policies apparently inconsistent with and ultra vires the legal framework not only risk eroding the member states' sovereignty, but also potentially increase an undermining of international law which could in turn lead to a reinvention of the old legal order. To sustain and encourage the compliance with international law that promotes peace and security within the conununity of nations, the World Bank and the IMF must limit their policies to the extent of the sovereign powers delegated or conferred on them, in order toprevent atrend by other international organizations towards the erosion of state sovereignty. The World Bank an? tl1e IMF should operate within the parameters of their constituent documents. If they need to expand their activities into new areas, they should seek to amend such constituent documents to suit the new situation, rather than continue operating on the basis of the so-called 'creative and elastic' interpretation of the existing rules which may likely sharpen the edges of the old world order before the creation of United Nations and the League of Nations.

A nation or province endowed with petroleum resources such as Nigeria must endeavor to produce it... more A nation or province endowed with petroleum resources such as Nigeria must endeavor to produce its recoverable petroleum reserves optimally. Such a nation must choose whether to allow the current generation to use the entire petroleum wealth derived from current petroleum production for their benefits or give future gen rations a share of the derived wealth from petroleum resource development. This . . means that petroleum produced today must be used to develop durable infrastructure and human capital that benefit and advance society for generations to come.

journal of mineral resources law, 2018

With the passing of time and political evolution of the world, the concession system came to be v... more With the passing of time and political evolution of the world, the concession system came to be viewed as incompatible with the sovereignty of the Nation State. As a result, there came into being new forms of contractual systems such as the joint venture and production sharing contracts. It has been suggested that condemning the concession system on those grounds confuses the effect with the cause: it is not the legal system per se which made for inequality, but the state of affairs then prevailing. It must be remembered that in those days, sovereigns granted concessions, occasionally with little authority, often under foreign political supremacy. Also, the countries concerned were backward, at times wandering and in no case possessed a legal framework competent of leading such complex endeavours as petroleum operations. This article critically examines provisions of modern concession agreements.

JOURNAL OF BUSINESS LAW, 2016

Corruption in developing countries continues to be one of the greatest factors of poverty, develo... more Corruption in developing countries continues to be one of the greatest factors of poverty, development and internecine conflicts. Although many developing nations : especially in Africa are endowed with priced natural resources, they continue to struggle and scramble for position in the lower rungs of the United Nations DeveJopment index.' Though, most developing countries continue to grapple with the ever changing trends in global politics, economic and technological advancement has little or no role to play in the advancement of the standard of living of the people due to the debilitating effects of corruption on their very existence. . Therefore, it is not an exaggeration to conclude that Nigeria is one of the most endowed nations in the world with abundant human and natural resources". There is practically every vital mineral deposit in all the states of the federation as a result of the fertile nature of its soil, a finger thrust in the soil will grow. Yet, corruption has made it impossible for Nigeria to achieve meaningful development. World Bank has revealed4 . that corruption around the world is believed to be endemic and pervasive and a significant contributor to slow economic growth, to stifle investment, to inhibit the provision of public services and to increase inequality.
…

READING IN LAW AND CONTEMPORARY ISSUES, 2016

Democracy in Nigeria and the world generally is believed to be the best system of government that... more Democracy in Nigeria and the world generally is believed to be the best system of government that represents the opinion of the vast majority as it guarantees and encourages the compliance to human right obligations. With particular reference to Nigeria, there appears to be a strong coterminous link with Nigeria's democracy and corruption making it a frustrating system of government Nigeria had ever adopted. For every act of corruption the concept of human right is negatively impaired. As the love of money is the root of all evil, corruption has become the greatest impediment to human right obligation in Nigeria's fledgling democracy. Corruption remains endemic at many levels of Nigerian society, and most would argue that unless this issue is vigorously tackled, Nigeria will never be able to fully achieve its capacity for prosperity and regional leadership. After three decades of nearly continuous military mle, many believe there is disconnect between politicians and the ordinary people. Politicians, they say, are serving; themselves rather than the voters who put them in power. Corruption is cancerous to any democratic dispensation earmarked by the rule of law. For every successful corrupt act, the citizenry inherent human right is diminished. This article shall examine Nigeria's fledgling democracy and corrupt tendencies as it diminishes the fundamental human rights of the citizens.

BRITISH JOURNAL OF ADVANCE ACADEMIC RESEARCH, 2016

Law and religion are like two inseparable siamese twins. Every law has a religious undertone. Tha... more Law and religion are like two inseparable siamese twins. Every law has a religious undertone. That accounts to a great extent why most laws are flavoured with religious colouration. The duty of a judge, primarily, is to adjudicate on disputes brought before him. In so doing, the judge is influenced by a number of factors before arriving at a decision. This underscores the point that it is not only pure legal issues or consideration that could influence a judge's decision. Religion is one potent weapon that has continued to shape how laws are made. It follows that in settling dispntes between rival parties, religion has a place in a judge's minds eye. This is helped by the fact that a particular case has to be treated on its merit. A judge of a particular religions faith would be more favouarably disposed in upholding the tenets of that faith. When this happens, there is a deliberate 'interference' with the judge's adjudicatory function. Whether or not such interference is needed is a subject of our inquiry in this paper.

G-Prints PublishersISBN: 9798987-2-3555 -2, 2017

The idea of a single monetary zone is entrenched in the 1•isio11 of the founding. fathers o.f ECO... more The idea of a single monetary zone is entrenched in the 1•isio11 of the founding. fathers o.f ECOWAS (Economic Community of West African States), which is to promote economic cooperation and development through monetary integration of the West African sub-region. The primary objective of the monetary zone is to achieve price stability via policy · harmonization and macroeconomic convergence. The concerted efforts by ECOWAS towards actualization cf this policy is an indication of its potential benefits to the subregion including opening up of the regional mark.et and a stronger economic footing.for better competition in the 11·orld market. There are, however. factors militating against the commencement of the single monetary zone in the sub-region evidenced by the several postponements of the scheduled take-off The basic problem. is policy harmonization among the member states whose individual eco_ymies are weak and have not recorded much visible growth. Despite all these challenges, the need for single monetary:: one still remains on the front burner of ECOWAS due to its obvious benefits for the sub-region

JOURNAL OF PROPERTY LAW AND CONTEMPORARY ISSUES, 2017

Section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) defines the... more Section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) defines the constitution as "Supreme and its provisions shall have binding fo1 ·ce 011 all authorities and persons thro11gho11t the Federal Republic of Nigeria". This paper examines the statute of limitation as a timeframe within which an action shall be instituted, otherwise, it becomes statute barred. This often appears worrisome as it tends to infringe the rights of persons as provided by the constitution, African Charter. on Human and Peoples Right, 1948 Universal Declaration of H11man Rights, United Nation Declaration of Right It f11rther examines the comp11lson; acquisition of land with a special bias to Comm11nal Land, Public Lands Act, and the Land Use Act of 1978.

G-Prints PublishersISBN: 9789987-2-3122-7, 2017

The pivotal role international organizations play in international law has generated huge interes... more The pivotal role international organizations play in international law has generated huge interest and comments from experts. Their emergence after the World War has placed a heavy burden on them for maintenance of world peace and security as well as other diverse developmental functions. International organizations wield enormous powers, which are usually conferred on them by member states through treaties. The member states grant this power in pursuit of a common objective but also retain the right to exercise those powers. In practice, there is no saying the extent to which these power may be exercised by the international organizations and as such the act of ‘ceding’ or ‘delegation’ of power by the states to international organizations sometimes threaten the competence of individual states to act as they deem necessary. This complex and delicate relationship between member states and the international organizations is brought in focus with the view to ascertaining whether it is purely an agency relationship and who exercises actual control over the other. There is no doubt that the international organizations in the exercise of the powers conferred on them by states engage in lawmaking activities which places some obligations on the state thus raising the issue of compliance and modality for enforcement.
…

Mountcrest University PressISBN: 978-978-045-776-1, 2017

The Economic Perspective of the Law of international Institutions deals in an expository manner t... more The Economic Perspective of the Law of international Institutions deals in an expository manner the law regulating the evolution and membership of international institutions like the United Nations Organisation, African Union and International Monetary Fund. To understand international cooperation and discord, it is necessary to develop a knowledge of how international institutions work, and how they change. This book will assist the reader to achieve that. The assumption of substantive rationality has proved a valuable tool m pursuing such knowledge. Recently, the intellectual predominance of the rationalistic approach has been challenged by a 'reflective' approach, which stresses the impact of human subjectivity and the embeddedness of contemporary international institutions m pre-ex1stmg practices. Confronting these approaches with one another helps to clarify the strengths and weaknesses of each. Advocates of the reflective approach make telling points about rationalistic theory but have so far failed to develop a coherent research program of their own.

Mountcrest University PressISBN: 9789988-2-3442-5, 2017

Even though land is freely provided by God but it is planned, allocated or granted to individuals... more Even though land is freely provided by God but it is planned, allocated or granted to individuals or corporate persons or it could devolve to a family. Land is never free although it is freely given by God. Therefore, no land can be said to be free in Nigeria. This is so because they are either owned by individuals or families through their ancestors. Flowing from the above, it can be argued that land originated from God through the ancestors. The mode of regulation of land rights in Nigeria varies in both the Southern and Northern parts of the country. In the South, the right on land was principally regulated by the customs of the indigenous people. The interest of the people as a group superseded any individual interest as is the case in the Northern part of Nigeria. Families, communities, villages and towns had title to the land. An important feature in these areas was that land was rarely sold. Individual members of a family or a community were allocated portions of the communal land upon request for their benefit but title to such lands was never vested on the individuals. This system was strictly followed that even in later years; alienation would have been taken for granted. A sale of any land by an individual without the consent of the family was held to be void1 2 ab initio. In this way, the land of the family was preserved for the entire family. This lasted until the coming of the Europeans was encouraged and through the English conveyance mechanism, the idea of group interest was substituted for personal interest. It has been argued that individual ownership of land was more feasible for economic growth and technological take-off

PORT HARCOURT LAW JOURNAL, 2018

Abstract Land embraces life generally. We live on it and finally rest on it The rules governing i... more Abstract Land embraces life generally. We live on it and finally rest on it The rules governing it are forever complex, because of tile conflicting claims to its ownership. It is for this reason it has been said that the study of land law is "a tortuous and ungodly jumble". Customary land law could not be an exception. Customary land tenure in Nigeria placed tlze over-lords in dzarge of land distribution. Colonial law did not as a rule intervene in customary land tenure, except in cases of appropriation for the public good. Witlt tile Land Use Decree o/1978 (now Act}, tlze military government sottgltt to provide Nigeria with a uniform system of land tenure that would guarantee equitable and reliable access to land for production purposes. Regrettably, it has not improved security of land tenure and lras therefore only intensified environmental degradation. Landowners look for unofficial ways of circumventing some of the Ads stipulations. It is against this backdrop, that this article examines the place of customary ownership of land in view of tire Land Use Act.

The Journal of Jurisprudence and Contemporary Issues VoL 9 No. 1, August 2017, 2017

In recent years, there has been an increase in the number of trade agreements. The experiences of... more In recent years, there has been an increase in the number of trade agreements. The experiences of deeper integration especially in regional trade agreements could be seen as a great move towards future multilateral trade rules. In the great majority of trade agreements, the rides afford member countries the leverage to use anti-dumping measures against one another. In the same breath, most regional trade agreements include competition rules that address 'unfair competition'. This article examines the underpinnings in dumping and anti-dumping in international trade.

AFRICAN JOURNAL OF SOCIAL SCIENCE, 2018

This is a direct opposite of globalization. It is an economic policy of restricting imports from ... more This is a direct opposite of globalization. It is an economic policy of restricting imports from other countries through high tariffs or an outright ban of certain products in other to encourage and promote growth of local industries. A local industry in developing countries needs to be encouraged. The inability to protect and encourage local industries will certainly be creating employment in advance countries whereas unemployment will be the order of the day in developing or less developed nations. It is therefore suggested that WTO should encourage the policy of protectionism in developing countries, as developed countries consistently engage in the acts of protectionism not only on trade issues but also on issues not related to trade like immigration. Freedom of movement of capital and services should be accompanied by free movement of persons, as this will also enhance international trade. Developing and less developed countries should be exempted from practicing globalization until they have strong economic capacity similar to those developed nations. The GATT and GATS should provide for this obligatory binding exemption.

Journal of Mineral Resources Law - Julia Law Journals England, 2018

With the passing of time and political evolution of the world, the concession system came to be v... more With the passing of time and political evolution of the world, the concession system came to be viewed as incompatible with the sovereignty of the Nation State. As a result, there came into being new forms of contractual systems such as the joint venture and production sharing contracts. It has been suggested that condemning the concession system on those grounds confuses the effect with the cause: it is not the legal system per se which made for inequality, but the state of affairs then prevailing. It must be remembered that in those days, sovereigns granted concessions, occasionally with little authority, often under foreign political supremacy. Also, the countries concerned were backward, at times wandering and in no case possessed a legal framework competent of leading such complex endeavours as petroleum operations. This article critically examines provisions of modern concession agreements.

HUMBERSIDE JOURNAL OF SOCIAL SCIENCES, 2018

This article reviews the economic perspective of the law of International Institutions whose acti... more This article reviews the economic perspective of the law of International Institutions whose activities in managing the relationship among states are gradually leading to the emergence of a global regime with imperial tendencies. Nations join international institutions for the aim of gaining socioeconomic and political advantages achievable under a unified regime of interdependence. Although this work is not set out to consider whether the developing nations are better off as members of the international institutions, it nonetheless reviews the reason why developing nations maintain their membership of international institutions despite the widening gap between the rich and the poor nations. The strategic positioning of the international institutions leans favourably towards indirectly assisting developed countries to retain dominance over the developing nations. Exercise of power by international institutions indicates that states-particularly the less developed states-are gradually losing their sovereignty and inherent power to determine their domestic affairs without external interference.

Mountcrest University Press ISBN: 978-978-045-775-4, 2018

International Monetary Law: Eff ects of Trade Liberalization in West African Countries and their ... more International Monetary Law: Eff ects of Trade Liberalization in West African Countries and their Currencies is an expose on the intricacies surrounding the free movement of goods and persons in the West Africa sub-region. It x-rays the benefits and pitfalls of trade liberalization in a globalized economy. One of the objectives of liberalizing and opening up the economy to free trade carried out in some developing countries has been to modify productive specialization and foreign trade relations in order to increase the relative share in production and trade of tradable goods - particularly those produced with labour-intensive technologies - and thus improve the efficiency of the economy. This strategy supposes, implicitly at least, that, by lowering tariffs and eliminating non tariff barriers to trade, the economy will move along its production possibility frontier in such a way that production and exports of labour-intensive goods will rise and efficiency will improve. More particularly, it is thought that, after trade liberalization, the relative price and profitability of labour-intensive goods will go up, leading to the channeling of resources away from capital-intensive in favour of labour-intensive commodities. This book does not pride itself as being comprehensive on the subject but it is a modest attempt to put together a precise, handy and concise work. The reader friendly nature of the book ensures that instead of going through the fi.t ll gamut of International Economic Law before being properly acquainted
…

PORT HARCOURT JOURNAL OF BUSINESS LAW, 2018

Abstract This paper attempts to examine the extend to which Nigeria and other West African countr... more Abstract This paper attempts to examine the extend to which Nigeria and other West African countries have enhanced their trade relationship amongst themselves, given the objectives of the region's trade liberalization scheme. Available data show that the total trades between these countries were insignificant over the period. The paper also highlights some of the possible causes of poor trade in the region, which involves around tariff and non-tariff barriers to trade. In terms of general Agreement of Tariffs and Trade (GATT) principle and the efforts of the World Trade Organisation (WTO), nations have been urged to eliminate or reduce trade barriers. Yet the inequality in the global trading regime has had an impact on developing countries. The majority of 'WTO members are developing countries, mostly from Africa. This article also contributes to the debate on whether trade liberalization helps to alleviate poverty and promote development, with a focus on West Africa.
…

Development of Company Law and Practice in Nigeria xrays corporate law practice in Nigeria from t... more Development of Company Law and Practice in Nigeria xrays corporate law practice in Nigeria from the pre colonial era to the colonial era and to what is obtainable presently. This revised edition is an improvement on the first edition published in 2015. What is the common structure of company law - or, as it would be put in some jurisdictions, business corporat ions - across different national jurisdictioq s? Although this question is rarely asked by corporate law scholars, it is critically important for the comparative investigation of corporate law. Recent scholarship often emphasizes the divergence among European, American, and Japanese corporations in corporate governance, share ownership, capital markets, and business culture. But, notwithstanding the very real differences across jurisdictions along these dimensions, the underlying uniformity of the corporate form is at least as impressive. Business Corporations have a fundamentally similar set of legal characteristics-and face a fundamentally similar set of legal problems-in all jurisdictions . This book examines all of these and more.

This study deals with the question of whether in practice the policies of the World Bank and the ... more This study deals with the question of whether in practice the policies of the World Bank and the International Monetary Fund (IMF) erode the sovereignty of the borrowing member states. Sovereign powers that are subject to international law are inherently vested in states. However, some of these powers are delegated to the World Bank and the IMF in the enabling instruments empowering them to execute specific duties towards preventing the recutTence of events such as those that led to the economic depression of the i93os and the World War II. With the delegation of sovereign powers clearly provided in the constituent documents of these institutions, the legitimacy of their exercise of sovereign powers are not in doubt, yet there is a growing concern astowhether their policies are consistent with or even ultra vires the legal framework as provided in their constituent documents. Policies apparently inconsistent with and ultra vires the legal framework not only risk eroding the member states' sovereignty, but also potentially increase an undermining of international law which could in turn lead to a reinvention of the old legal order. To sustain and encourage the compliance with international law that promotes peace and security within the conununity of nations, the World Bank and the IMF must limit their policies to the extent of the sovereign powers delegated or conferred on them, in order toprevent atrend by other international organizations towards the erosion of state sovereignty. The World Bank an? tl1e IMF should operate within the parameters of their constituent documents. If they need to expand their activities into new areas, they should seek to amend such constituent documents to suit the new situation, rather than continue operating on the basis of the so-called 'creative and elastic' interpretation of the existing rules which may likely sharpen the edges of the old world order before the creation of United Nations and the League of Nations.

A nation or province endowed with petroleum resources such as Nigeria must endeavor to produce it... more A nation or province endowed with petroleum resources such as Nigeria must endeavor to produce its recoverable petroleum reserves optimally. Such a nation must choose whether to allow the current generation to use the entire petroleum wealth derived from current petroleum production for their benefits or give future gen rations a share of the derived wealth from petroleum resource development. This . . means that petroleum produced today must be used to develop durable infrastructure and human capital that benefit and advance society for generations to come.

journal of mineral resources law, 2018

With the passing of time and political evolution of the world, the concession system came to be v... more With the passing of time and political evolution of the world, the concession system came to be viewed as incompatible with the sovereignty of the Nation State. As a result, there came into being new forms of contractual systems such as the joint venture and production sharing contracts. It has been suggested that condemning the concession system on those grounds confuses the effect with the cause: it is not the legal system per se which made for inequality, but the state of affairs then prevailing. It must be remembered that in those days, sovereigns granted concessions, occasionally with little authority, often under foreign political supremacy. Also, the countries concerned were backward, at times wandering and in no case possessed a legal framework competent of leading such complex endeavours as petroleum operations. This article critically examines provisions of modern concession agreements.

JOURNAL OF BUSINESS LAW, 2016

Corruption in developing countries continues to be one of the greatest factors of poverty, develo... more Corruption in developing countries continues to be one of the greatest factors of poverty, development and internecine conflicts. Although many developing nations : especially in Africa are endowed with priced natural resources, they continue to struggle and scramble for position in the lower rungs of the United Nations DeveJopment index.' Though, most developing countries continue to grapple with the ever changing trends in global politics, economic and technological advancement has little or no role to play in the advancement of the standard of living of the people due to the debilitating effects of corruption on their very existence. . Therefore, it is not an exaggeration to conclude that Nigeria is one of the most endowed nations in the world with abundant human and natural resources". There is practically every vital mineral deposit in all the states of the federation as a result of the fertile nature of its soil, a finger thrust in the soil will grow. Yet, corruption has made it impossible for Nigeria to achieve meaningful development. World Bank has revealed4 . that corruption around the world is believed to be endemic and pervasive and a significant contributor to slow economic growth, to stifle investment, to inhibit the provision of public services and to increase inequality.
…

READING IN LAW AND CONTEMPORARY ISSUES, 2016

Democracy in Nigeria and the world generally is believed to be the best system of government that... more Democracy in Nigeria and the world generally is believed to be the best system of government that represents the opinion of the vast majority as it guarantees and encourages the compliance to human right obligations. With particular reference to Nigeria, there appears to be a strong coterminous link with Nigeria's democracy and corruption making it a frustrating system of government Nigeria had ever adopted. For every act of corruption the concept of human right is negatively impaired. As the love of money is the root of all evil, corruption has become the greatest impediment to human right obligation in Nigeria's fledgling democracy. Corruption remains endemic at many levels of Nigerian society, and most would argue that unless this issue is vigorously tackled, Nigeria will never be able to fully achieve its capacity for prosperity and regional leadership. After three decades of nearly continuous military mle, many believe there is disconnect between politicians and the ordinary people. Politicians, they say, are serving; themselves rather than the voters who put them in power. Corruption is cancerous to any democratic dispensation earmarked by the rule of law. For every successful corrupt act, the citizenry inherent human right is diminished. This article shall examine Nigeria's fledgling democracy and corrupt tendencies as it diminishes the fundamental human rights of the citizens.

BRITISH JOURNAL OF ADVANCE ACADEMIC RESEARCH, 2016

Law and religion are like two inseparable siamese twins. Every law has a religious undertone. Tha... more Law and religion are like two inseparable siamese twins. Every law has a religious undertone. That accounts to a great extent why most laws are flavoured with religious colouration. The duty of a judge, primarily, is to adjudicate on disputes brought before him. In so doing, the judge is influenced by a number of factors before arriving at a decision. This underscores the point that it is not only pure legal issues or consideration that could influence a judge's decision. Religion is one potent weapon that has continued to shape how laws are made. It follows that in settling dispntes between rival parties, religion has a place in a judge's minds eye. This is helped by the fact that a particular case has to be treated on its merit. A judge of a particular religions faith would be more favouarably disposed in upholding the tenets of that faith. When this happens, there is a deliberate 'interference' with the judge's adjudicatory function. Whether or not such interference is needed is a subject of our inquiry in this paper.

G-Prints PublishersISBN: 9798987-2-3555 -2, 2017

The idea of a single monetary zone is entrenched in the 1•isio11 of the founding. fathers o.f ECO... more The idea of a single monetary zone is entrenched in the 1•isio11 of the founding. fathers o.f ECOWAS (Economic Community of West African States), which is to promote economic cooperation and development through monetary integration of the West African sub-region. The primary objective of the monetary zone is to achieve price stability via policy · harmonization and macroeconomic convergence. The concerted efforts by ECOWAS towards actualization cf this policy is an indication of its potential benefits to the subregion including opening up of the regional mark.et and a stronger economic footing.for better competition in the 11·orld market. There are, however. factors militating against the commencement of the single monetary zone in the sub-region evidenced by the several postponements of the scheduled take-off The basic problem. is policy harmonization among the member states whose individual eco_ymies are weak and have not recorded much visible growth. Despite all these challenges, the need for single monetary:: one still remains on the front burner of ECOWAS due to its obvious benefits for the sub-region

JOURNAL OF PROPERTY LAW AND CONTEMPORARY ISSUES, 2017

Section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) defines the... more Section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) defines the constitution as "Supreme and its provisions shall have binding fo1 ·ce 011 all authorities and persons thro11gho11t the Federal Republic of Nigeria". This paper examines the statute of limitation as a timeframe within which an action shall be instituted, otherwise, it becomes statute barred. This often appears worrisome as it tends to infringe the rights of persons as provided by the constitution, African Charter. on Human and Peoples Right, 1948 Universal Declaration of H11man Rights, United Nation Declaration of Right It f11rther examines the comp11lson; acquisition of land with a special bias to Comm11nal Land, Public Lands Act, and the Land Use Act of 1978.

G-Prints PublishersISBN: 9789987-2-3122-7, 2017

The pivotal role international organizations play in international law has generated huge interes... more The pivotal role international organizations play in international law has generated huge interest and comments from experts. Their emergence after the World War has placed a heavy burden on them for maintenance of world peace and security as well as other diverse developmental functions. International organizations wield enormous powers, which are usually conferred on them by member states through treaties. The member states grant this power in pursuit of a common objective but also retain the right to exercise those powers. In practice, there is no saying the extent to which these power may be exercised by the international organizations and as such the act of ‘ceding’ or ‘delegation’ of power by the states to international organizations sometimes threaten the competence of individual states to act as they deem necessary. This complex and delicate relationship between member states and the international organizations is brought in focus with the view to ascertaining whether it is purely an agency relationship and who exercises actual control over the other. There is no doubt that the international organizations in the exercise of the powers conferred on them by states engage in lawmaking activities which places some obligations on the state thus raising the issue of compliance and modality for enforcement.
…

Mountcrest University PressISBN: 978-978-045-776-1, 2017

The Economic Perspective of the Law of international Institutions deals in an expository manner t... more The Economic Perspective of the Law of international Institutions deals in an expository manner the law regulating the evolution and membership of international institutions like the United Nations Organisation, African Union and International Monetary Fund. To understand international cooperation and discord, it is necessary to develop a knowledge of how international institutions work, and how they change. This book will assist the reader to achieve that. The assumption of substantive rationality has proved a valuable tool m pursuing such knowledge. Recently, the intellectual predominance of the rationalistic approach has been challenged by a 'reflective' approach, which stresses the impact of human subjectivity and the embeddedness of contemporary international institutions m pre-ex1stmg practices. Confronting these approaches with one another helps to clarify the strengths and weaknesses of each. Advocates of the reflective approach make telling points about rationalistic theory but have so far failed to develop a coherent research program of their own.

Mountcrest University PressISBN: 9789988-2-3442-5, 2017

Even though land is freely provided by God but it is planned, allocated or granted to individuals... more Even though land is freely provided by God but it is planned, allocated or granted to individuals or corporate persons or it could devolve to a family. Land is never free although it is freely given by God. Therefore, no land can be said to be free in Nigeria. This is so because they are either owned by individuals or families through their ancestors. Flowing from the above, it can be argued that land originated from God through the ancestors. The mode of regulation of land rights in Nigeria varies in both the Southern and Northern parts of the country. In the South, the right on land was principally regulated by the customs of the indigenous people. The interest of the people as a group superseded any individual interest as is the case in the Northern part of Nigeria. Families, communities, villages and towns had title to the land. An important feature in these areas was that land was rarely sold. Individual members of a family or a community were allocated portions of the communal land upon request for their benefit but title to such lands was never vested on the individuals. This system was strictly followed that even in later years; alienation would have been taken for granted. A sale of any land by an individual without the consent of the family was held to be void1 2 ab initio. In this way, the land of the family was preserved for the entire family. This lasted until the coming of the Europeans was encouraged and through the English conveyance mechanism, the idea of group interest was substituted for personal interest. It has been argued that individual ownership of land was more feasible for economic growth and technological take-off

PORT HARCOURT LAW JOURNAL, 2018

Abstract Land embraces life generally. We live on it and finally rest on it The rules governing i... more Abstract Land embraces life generally. We live on it and finally rest on it The rules governing it are forever complex, because of tile conflicting claims to its ownership. It is for this reason it has been said that the study of land law is "a tortuous and ungodly jumble". Customary land law could not be an exception. Customary land tenure in Nigeria placed tlze over-lords in dzarge of land distribution. Colonial law did not as a rule intervene in customary land tenure, except in cases of appropriation for the public good. Witlt tile Land Use Decree o/1978 (now Act}, tlze military government sottgltt to provide Nigeria with a uniform system of land tenure that would guarantee equitable and reliable access to land for production purposes. Regrettably, it has not improved security of land tenure and lras therefore only intensified environmental degradation. Landowners look for unofficial ways of circumventing some of the Ads stipulations. It is against this backdrop, that this article examines the place of customary ownership of land in view of tire Land Use Act.

The Journal of Jurisprudence and Contemporary Issues VoL 9 No. 1, August 2017, 2017

In recent years, there has been an increase in the number of trade agreements. The experiences of... more In recent years, there has been an increase in the number of trade agreements. The experiences of deeper integration especially in regional trade agreements could be seen as a great move towards future multilateral trade rules. In the great majority of trade agreements, the rides afford member countries the leverage to use anti-dumping measures against one another. In the same breath, most regional trade agreements include competition rules that address 'unfair competition'. This article examines the underpinnings in dumping and anti-dumping in international trade.

AFRICAN JOURNAL OF SOCIAL SCIENCE, 2018

This is a direct opposite of globalization. It is an economic policy of restricting imports from ... more This is a direct opposite of globalization. It is an economic policy of restricting imports from other countries through high tariffs or an outright ban of certain products in other to encourage and promote growth of local industries. A local industry in developing countries needs to be encouraged. The inability to protect and encourage local industries will certainly be creating employment in advance countries whereas unemployment will be the order of the day in developing or less developed nations. It is therefore suggested that WTO should encourage the policy of protectionism in developing countries, as developed countries consistently engage in the acts of protectionism not only on trade issues but also on issues not related to trade like immigration. Freedom of movement of capital and services should be accompanied by free movement of persons, as this will also enhance international trade. Developing and less developed countries should be exempted from practicing globalization until they have strong economic capacity similar to those developed nations. The GATT and GATS should provide for this obligatory binding exemption.

Journal of Mineral Resources Law - Julia Law Journals England, 2018

With the passing of time and political evolution of the world, the concession system came to be v... more With the passing of time and political evolution of the world, the concession system came to be viewed as incompatible with the sovereignty of the Nation State. As a result, there came into being new forms of contractual systems such as the joint venture and production sharing contracts. It has been suggested that condemning the concession system on those grounds confuses the effect with the cause: it is not the legal system per se which made for inequality, but the state of affairs then prevailing. It must be remembered that in those days, sovereigns granted concessions, occasionally with little authority, often under foreign political supremacy. Also, the countries concerned were backward, at times wandering and in no case possessed a legal framework competent of leading such complex endeavours as petroleum operations. This article critically examines provisions of modern concession agreements.

HUMBERSIDE JOURNAL OF SOCIAL SCIENCES, 2018

This article reviews the economic perspective of the law of International Institutions whose acti... more This article reviews the economic perspective of the law of International Institutions whose activities in managing the relationship among states are gradually leading to the emergence of a global regime with imperial tendencies. Nations join international institutions for the aim of gaining socioeconomic and political advantages achievable under a unified regime of interdependence. Although this work is not set out to consider whether the developing nations are better off as members of the international institutions, it nonetheless reviews the reason why developing nations maintain their membership of international institutions despite the widening gap between the rich and the poor nations. The strategic positioning of the international institutions leans favourably towards indirectly assisting developed countries to retain dominance over the developing nations. Exercise of power by international institutions indicates that states-particularly the less developed states-are gradually losing their sovereignty and inherent power to determine their domestic affairs without external interference.

Mountcrest University Press ISBN: 978-978-045-775-4, 2018

International Monetary Law: Eff ects of Trade Liberalization in West African Countries and their ... more International Monetary Law: Eff ects of Trade Liberalization in West African Countries and their Currencies is an expose on the intricacies surrounding the free movement of goods and persons in the West Africa sub-region. It x-rays the benefits and pitfalls of trade liberalization in a globalized economy. One of the objectives of liberalizing and opening up the economy to free trade carried out in some developing countries has been to modify productive specialization and foreign trade relations in order to increase the relative share in production and trade of tradable goods - particularly those produced with labour-intensive technologies - and thus improve the efficiency of the economy. This strategy supposes, implicitly at least, that, by lowering tariffs and eliminating non tariff barriers to trade, the economy will move along its production possibility frontier in such a way that production and exports of labour-intensive goods will rise and efficiency will improve. More particularly, it is thought that, after trade liberalization, the relative price and profitability of labour-intensive goods will go up, leading to the channeling of resources away from capital-intensive in favour of labour-intensive commodities. This book does not pride itself as being comprehensive on the subject but it is a modest attempt to put together a precise, handy and concise work. The reader friendly nature of the book ensures that instead of going through the fi.t ll gamut of International Economic Law before being properly acquainted
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PORT HARCOURT JOURNAL OF BUSINESS LAW, 2018

Abstract This paper attempts to examine the extend to which Nigeria and other West African countr... more Abstract This paper attempts to examine the extend to which Nigeria and other West African countries have enhanced their trade relationship amongst themselves, given the objectives of the region's trade liberalization scheme. Available data show that the total trades between these countries were insignificant over the period. The paper also highlights some of the possible causes of poor trade in the region, which involves around tariff and non-tariff barriers to trade. In terms of general Agreement of Tariffs and Trade (GATT) principle and the efforts of the World Trade Organisation (WTO), nations have been urged to eliminate or reduce trade barriers. Yet the inequality in the global trading regime has had an impact on developing countries. The majority of 'WTO members are developing countries, mostly from Africa. This article also contributes to the debate on whether trade liberalization helps to alleviate poverty and promote development, with a focus on West Africa.
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This book reviews the economic perspective of the law of International Institutions whose activ1t... more This book reviews the economic perspective of the law of International Institutions whose activ1t1es in managing the relationship among states are gradually leading to the emergence of a global regime with imperial tendencies. Nations join international institutions for the aim of gaining socio-economic and political advantages achievable under a unified regime of interdependence. Although this work is not set out to consider whether the developing nations are better off as members of the international institutions, it nonetheless reviews the reason why developing nations maintain their membership of international institutions