Browsing by Author "Olusola-Olujobi, Temilola"
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Item THE APPRAISAL OF LEGAL FRAMEWORK REGULATING GAS FLARING IN NIGERIA’S UPSTREAM PETROLEUM SECTOR: HOW EFFICIENT?(International Journal of Civil Engineering and Technology (IJCIET), 2019-05) OLUJOBI, Olusola Joshua; Olusola-Olujobi, TemilolaNigeria is ranked one of the main producers of crude oil in Africa and due to this, oil exploration activities have occasioned high rate of gas flaring which was intensified by poor enforcement of anti-gas flaring laws by the regulatory authorities. Associated natural gas is generated from oil production and it is flared in large volumes, thereby leading to the emission of greenhouse gases and a waste of natural resources which could have potentially spawned billions of dollars for the Federal government. Nigerians are apprehensive that if nothing is done to combat this menace, the environment and man will be at risk due its damaging consequences. There is therefore the need to stop gas flaring by replicating the approaches used in the relatively advanced petroleum countries like Norway to tackle the menace. The research is an appraisal of legal frameworks regulating gas flaring in Nigeria’s Upstream Petroleum Sector. It is a doctrinal legal research that adopts a library based research approach. Weak enforcement and ambiguity of some anti-gas flaring laws are largely identified as the key factors responsible for the menace. It recommends the use of more advanced technologies, sophisticated mixture of regulations and none-regulatory incentives such as fiscal policies, gas market restructuring and proffer practical suggestions.Item Comparative appraisals of legal and institutional framework governing gas flaring in Nigeria’s upstream petroleum sector: How satisfactory?(Environmental Quality Management, 2020-07) OLUJOBI, Olusola Joshua; Olusola-Olujobi, TemilolaNigeria is rated number one producer of crude oil in Africa, and owing to this oil exploration activities have resulted to a high rate of gas flaring, which was intensified by poor enforcement of anti-gas flaring laws by the regulatory authorities. Associated natural gas is generated from oil production, and it is flared in large volumes, thereby leading to the emission of greenhouse gases and a waste of natural resources which could have possibly generated billions of dollars for the Federal Government of Nigeria. There are concerned that if nothing is done to curtail this menace, the environment and man will be at peril due its negative consequences. There is therefore the need to abate gas flaring by replicating the strategies applied in the selected relatively advanced petroleum countries to combat the menace. The study is a comparative analysis of national legal regimes on gas flaring in Nigeria, Canada, the United Kingdom, and Saudi Arabia. The study adopts a doctrinal legal research method with point-by-point comparative approach with library-based legal research method. Weak enforcement of laws is largely identified as the key factor responsible for the menace. The study recommends the use of more advanced technologies, a sophisticated mixture of regulations and nonregulatory incentives such as fiscal policies and gas market restructuring. It offers further suggestions based on the lessons learnt from the selected case study countries.Item INSOLVENCY LAW AND BUSINESS RECOVERY PRACTICES IN NIGERIA’S UPSTREAM PETROLEUM SECTOR: THE NEED FOR A PARADIGM SHIFT(International Journal of Mechanical Engineering and Technology (IJMET), 2019-01) OLUJOBI, Olusola Joshua; Olusola-Olujobi, TemilolaInsolvency and business recovery practices are not at infancy stage in Nigeria, although it has not crystallized to a full profession as it is practiced in other relatively advanced climes. As the global financial sector evolves, the focus of modern insolvency and business recovery practices have shifted from winding up of insolvent oil companies to reorganization, restructuring of such companies and its operations to foster economic stability and financial propriety. But the case is the reverse in Nigeria, as liquidation is seen as the panacea to insolvency. The study evaluates Nigerian insolvency and business recovery laws to sustain modern businesses practices to prevent incessant corporate failure. Many jurisdictions are now overhauling their insolvency and business recovery laws to support business practices and to reform the gaps identified. The study conducts comparative legal and policy analyses of solvency and business recovery laws in Nigeria, Malaysia, India, South Africa, United Kingdom and United States. These countries were selected because their insolvency and business recovery laws are business rescue driven. The study is a doctrinal legal research that adopts a point-by-point comparative approach with library research method. The study finds that Nigerian law on insolvency seems deficient with regard to business rescue, turnaround and restructuring. It concludes that, regulatory agencies in the selected countries are more effective than those in Nigeria because of the political will of the governments of the former to successfully turn around insolvent oil companies, save jobs and protect creditors by optimising businesses through restructuring and business turnaround strategies. The study therefore recommends reform of Nigeria’s insolvency and business recovery law and practices in conformity with the global best practices on insolvent companies rescued and creditors driven strategies for healthy economy.Item Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015(The Journal of Social Sciences Research, 2019) OLUJOBI, Olusola Joshua; Oyewunmi, Olabode; Igbinoba, Ebeguki; Olusola-Olujobi, TemilolaBreach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.