Browsing by Author "MAGAJI W. OWOLABI, KUDIRAT"

Now showing 1 - 11 of 11
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    A COMPARATIVE REVIEW OF MODERN CONCESSION CONTRACT (MCC), AND PRODUCTION SHARING CONTRACT(PSC)
    (FACULTY OF LAW, ALHIKMAH UNIVERSITY, 2015-07-18) MAGAJI W. OWOLABI, KUDIRAT
    The importance of oil and gas to the growth and development of world energy supply cannot be over emphasised. There are four basis arrangements to develop petroleum between host countries and the multinational oil companies: they are Modern Concession Contract (MCC), Production Sharing Contract(PSC), Participation Arrangement (PA) and, the Service Agreement (SA). This paper is principally concerning with Petroleum Upstream Contract and Arrangements. Upstream are all the services required to find and produce the oil and gas. Therefore, the focus of this paper is to examine the two basic systems of Modern Concession and Production Sharing Contract Arrangements, and see how host countries can make legal and contractual terms as attractive as possible to foreign investors, while still protection the critical interests of their states.
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    DELOCALISATION OF ARBITRAL PROCEEDINGS AND LEX ARBITRI: A SOJOURN INTO THE EQUILIBRIUM
    (COLLEGE OF LAW, JOSEPH AYO BABALOLA UNIVERSITY, 2015-04-21) MAGAJI W. OWOLABI, KUDIRAT
    This paper examines two important issues in relation to international commercial arbitration. First, whether the notion that international commercial arbitration is conducted entirety outside the framework of national legal systems is correct or too good to be true.. in other words, is there anything like floating arbitration (i.e delocaised or denationalized arbitration)?. Secondly, whether there is no such thing as a lex arbitri. That is, is there anything like the law of the country in which the arbitration is held in the conduct of international commercial arbitration? The paper ends with a concluding remarks on the tru position of the arguments
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    ENFORCEMENT OF ARBITRAL AWARDS: ISSUES AND CHALLENGES
    (FACULTY OF LAW, AL-HIKMAH UNVERSITY, 2016-08-21) MAGAJI W. OWOLABI, KUDIRAT
    The importance that the international community attaches to this sector of international economic relations has led to the promulgation of the international convention for Settlement of Investment Disputes (ICSID Convention) under the aegis of the World bank, to cover the settlement of investment disputes between investors and host states. The ICSID Convention, in turn, established the International Centre for the Settlement of Investment Dispute (the Centre), which implements the provisions of the ICSID Convention. One area of dispute resolution mechanism under the ICSID Convention that attracts academic comment is the enforcement of ICSID awards. the question is often raised whether the provisions of the Convention promote effective enforcement of ICSID awards. the purpose of this article is to consider some of the tactics that disappointed parties may employ in national courts in attempts to delay or to avoid compliance with ICSID awards. therefore, this article will be analytical and evaluative; that is the provisions of the Convention are critical analysed to show its area of challenges. it is therefore concluding that the challenges of ICSID awards potentially may be based upon the provisions of the ICSID Convention itself and from outside the ICSID convention.
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    EXAMINATION OF PROJECTIONS AND PROBLEMS OF REKINDLING NIGERIA’S DEPLETED INFRASTRUCTURAL THROUGH PUBLIC PRIVATE PARTNERSHIP(PPP)
    (DEPARTMEN OF PUBLIC LAW, UNIVERSITY OF JOS, 2016-09-19) ABDULSALAM LA-KADRI, MUTIAT; MAGAJI W. OWOLABI, KUDIRAT
    Infrastructure assets in Nigeria are in a state of comatose as a result of decade of poor maintenance culture, under investment in maintaining the existing facilities and putting new ones in place, and hyper-utilization of existing social welfare facilities. This has adversely affected the Nation’s productivity and paved way for numerous societal problems including poverty, unemployment, recurrent inter-group violence and economic meltdown. Various attempts made in the past towards recovering from the immense infrastructure deficit confronting the nation, through the instrumentality of PPP has not recorded any commendable success having been marred by numerous challenges. This study examines PPP arrangements in Nigeria to ascertain the reasons why most PPP projects in Nigeria were unsuccessful in contrast to the tremendous success and infrastructure transformation achieved through PPP in other climes. It was found that poor regulatory framework, absence of standardized PPP contracts, corruption, poor capacity, lack of transparency, and undue political interference are the major factors responsible for the limited success achieved in the past. As the Buhari’s administration launches new PPP projects, it becomes crucial to ascertain the factors responsible for the past failure in order to prevent history from repeating itself. Recommendations made include commitment by government and putting in place enabling environment.
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    EXAMINATION OF TIME LIMIT FOR ELECTION PETITIONS AND FAIR HEARING UNDER THE 1999 CONSTITUTION
    (FACULTY OF LAW, UNIVERSITY OF MAIDUGURI, 2018-08-16) MAGAJI W. OWOLABI, KUDIRAT
    Change just for the sake of change is not necessarily good. But change to adapt to situation is survival. Adapt or lose. Ostensibly, due to the need to rein in the undesirous spectra of interminable electoral litigations, Sections 285 (6) & (7) of the Constitution of the Federal Republic of Nigeria was amended to introduce time delimitation to election petitions and appeals. Amendment of the 1999 Constitution has pegged the filling of petitions to 21days after election result are declared. The petition shall be heard within 180 days and determined at the lower tribunal., while any appeal arising there shall be disposed of within 60days. It is improper to hold that the 180 days provided in the Constitution is not limited to trial but also de novo trials that may be ordered by an appeal court, considering the slow process of civil litigation in tribunals and courts in Nigeria and numbers of petitions and appeals. While the apparent behind this Constitutional amendment was to further the goal of achieving fair trials of electoral disputes expeditiously within delimited periods, these good intentions have taken us on unsavory journeys of unhelpful judicial construction, the end result of which finds justice lying prostrate and crushed in the dust. This article illustrates with decided cases the inconsistency of the two subsections with Section 36 of the 1999 Constitution and the principle of fair hearing. The issue as to whether a specific time span should be stipulated within which election petitions must be concluded has always generated heated and unending debates. The article will examine the application of the right to fair hearing with a reasonable time in Nigeria with respect to election petition cases to determine the extent of its applicability in view of the recent amendments of the Constitution and the Electoral Act. This article attempts a critical analysis of a recent Supreme Court of Nigeria’s decision that may have profound implications on the behavior of litigants in cases involving electoral disputes and judges who hear these cases. The paper recommends that Section 286(6) &(7) be amended to take care of retrial of petitions by providing for a separate time limit. Also, that the Supreme Court when faced with the interpretation of such constitutional provisions, should adopt a liberal judicial attitude that allows the aggrieved person to be heard rather than a strict interpretation that slams the door of the court against them. The right to be heard is a cardinal principle of justice that ought not to be temper with.
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    FAIR AND EQUITABLE TREATMENT: SHOULD THE FAIR AND EQUITABLE TREATMENT STANDARD CRYSTALLISE INTO CLEAR, BUT RIGID, RULES? OR SHOULD IT INCLUDE FLEXIBLE, BUT VAGUE NOTIONS ON JUSTICE?
    (Bharati Vidyapeeth Deemed University, Pune, India., 2016-03-23) MAGAJI W. OWOLABI, KUDIRAT
    The growing concern of States in order to attract foreign investment into their territories has led to the formulation of a legal structure aimed at encouraging investment through the granting of a secure and stable environment for the investors in the host State. The core of this structure is the Fair and Equitable Treatment (FET) standard, which as a non-contingent standard, constitutes an independent and reliable system for the protection of the investors. However, the application of the true fairness concept underlying the standard seems at times to be in jeopardy, due to a serious lack of precision regarding its true meaning. Arbitrators and scholars have wandered from one interpretation to another, trying in occasions to fit the standard in existing legal concepts such as the international minimum standard of customary international law or simply creating a whole new meaning by means of self-contained legal figure.
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    Impacts of Covid-19 on Development of Legal Research in Nigeria
    (University Gujarat Law Society (GLS), India., 2022-01-08) MAGAJI W. OWOLABI, KUDIRAT
    The Corona Virus pandemic otherwise known as (COVID-19) has been described as the most devastating health crisis in the last 100 years. It negatively impacts not only on health also on social, economic and wellbeing of the global population. The government through its efforts to curtail the spread of the pandemic has diverted and prioritised resources meant for legal research to fight COVID-19. A doctrinal and non-doctrinal research methods of gathering data were adopted. The quantitative data was obtained using questionnaires as a legal research tool on thirty (30) researchers within the six geopolitical zones in Nigeria. The data were analysed using descriptive statistics and content analysis. This is to provide an overview of how the government’s response to COVID-19 is affecting legal research and development in Nigeria. The paper finds that little attention is being paid by the Government to legal researchers in term of research funds and grants. The paper recommends equal balance of the Government intervention particularly in the era of pandemic. It is of the view that such legal projects are essential and can be useful to establish policies, strategies and action plans that will cater for our nation in the event of a future pandemic.
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    IMPACTS OF INTERNATIONAL HUMAN RIGHTS LAW ON THE RELIGIOUS AND OTHER MINORITIES’ RIGHTS IN NIGERIA
    (FACULTY OF LAW, FEDERAL UNIVERSITY OYE-EKITI, 2021-08-21) MAGAJI W. OWOLABI, KUDIRAT; ONIYE, SHUAIB
    The targeting of minorities on religious and other grounds are now increasingly becoming a trend in some countries, while in parts of Asia and Africa, religion is fast overtaking race or ethnicity as the key factor driving discrimination and violent attacks against communities. However, in the intense religious and ethnic turmoil of contemporary Nigeria, the specific situation of the numerous ethnic minorities in the country is hardly mentioned. Instead, attention is concentrated on the conflict between majority ethno-religious groups. Perhaps, this is because national politics in Nigeria have revolved largely around the competition among the “big three” recognised ethnics (Hausa, Ibo and Yoruba) with the ethnic minority groups being used as pawns in this three-player ethnic game. This paper is a survey of the current situation of minority groups in Nigeria. It further discusses the protection under the international human right law, constitutional and political rights enjoyed by minorities and the limit imposed on the enjoyment of those rights by the exigencies of practical politics. The work concludes that the various differences by way of minorities and religion should not be a barrier to the unity of the country, Nigeria.
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    PARADIGM SHIFT IN THE MANAGEMENT OF ISLAMIC FINANCE DISUTES IN NIGERIA AMIDST COVID-19 PANDEMIC
    (2021-04-19) MAGAJI W. OWOLABI, KUDIRAT; ABDUL-QADR SUBAIR, AISHAT
    The paper reviews the effectiveness of the court system as a dispute resolution mechanism in the Islamic finance industry in Nigeria amidst the current global health challenge that has ushered in a new reality to almost every aspect of human lives. While relying on both quantitative and qualitative analysis to identify the role of the market players in the Islamic finance industry in Nigeria in cushioning the effects of the pandemic on the industry, this study finds that with social distancing rule in place, market players would be willing to adopt new methods of resolving their dispute asides the existing conventional modes. The paper further finds that COVID-!9 has caused many essential activities ben shifted online with the aid of Information Communication Technology (CIT) and the resolution of Islamic finance dispute cannot be an exception. The paper concludes that there is need for Online Dispute Resolution (ODR) as well as e-court sessions in resolving disputes emanating from Islamic finance transactions especially amidst this pandemic.
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    Taking of Aliens’ Property: The Line between the Concept of Indirect Expropriation and Government Regulatory Measures Not Requiring Compensation
    (Faculty of Social Sciences, Kampala International University, Uganda., 2018-10-30) MAGAJI W. OWOLABI, KUDIRAT
    It is a well recognised rule in international law that the property of aliens cannot be taken, whether for public purposes or not, without adequate compensation.. Two decades ago, the disputes before the courts and the discussions in academic literature focused mainly on the standard of compensation and measuring of expropriated value. The divergent views of the developed and developing countries raised issues regarding the formation and evolution of customary law. Today, the more positive attitude of countries around the world toward foreign investment and the proliferation of bilateral treaties and other investment agreements requiring prompt, adequate and effective compensation for expropriation of foreign investments have largely deprived that debate of practical significance for foreign investors. In this paper, we shall be looking at takings; the indirect expropriation and see how tribunals have dealt with the issue of taking on case by case bases. Although the scope of indirect expropriation was expanded even further by use of the language “take a measure tantamount to nationalization or expropriation of such an investment,” NAFTA‟s Chapter 11 did not contain any standard for identifying an indirect expropriation. Moreover, since the decisions of international tribunals do not have precedential value, there has been no consistency among the indirect expropriation cases. Many scholars have criticized NAFTA‟s Chapter 11 provision for going beyond U.S.
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    THE PRINCIPLE OF THE COMMON HERITAGE OF MANKIND
    (DEPARTMENT OF INTERNATONAL LAW & JURISPRUDENCE, 2013-09-26) MAGAJI W. OWOLABI, KUDIRAT
    Scientists discovered polymetallic nodules on the deep seabed in the late 19th century. The problem, however, was that the deep seabed did not lie within the jurisdiction of any state. Consequently, to regulate access to these resources, a legal regime had to be established. The regime adopted was the ‘common heritage of mankind’ (CHM). The concept of common heritage of mankind governs the deep seabed. The CHM principle has not only been accepted as essential element of the Convention on the Law of the Sea (LOSC) from where it found its way into the national legislation relating to sea bed activities but was also introduced into outer space regimes and to a lesser degree into the legal framework for the protection of the Antarctic environment. However, the principle of the common heritage of mankind has differing interpretations and consequently lacks legal force. This paper attempts to give content to the common heritage of mankind principle, as it applies to the deep sea, by examining existing principles in international law. It then deals with the question of whether the CHM principle has to be regarded as a part of customary international law, regardless of its incorporation into the Convention on the Law of the Sea.