Papers by MICHAEL OGWEZZY
Due to the expansion of business transaction across the globe, the private sector demands an adeq... more Due to the expansion of business transaction across the globe, the private sector demands an adequate legal framework that is sufficiently clear, modern, predictable and transparent to permit investment with a sense of security. The Organisation for the Harmonisation of Business Law in Africa (Organisation pour l'harmonisation en Afrique du Droit des Affaires) is generally known by its French acronym OHADA. As long-standing idea, the foundation of the OHADA Treaty was first laid during a meeting of finance ministers of the members of the franc CFA1 area held in Ouagadougou, Burkina Faso, in April 1991. A group of experts, led by Senegalese Justice Keba Mbaye, was appointed to conduct a feasibility study on a form of legal collaboration designed to promote economic integration and attract investments.2 Identifying low investment as a major obstacle to economic growth, Keba Mbaye presented his report to the French-speaking African summit in Libreville, Gabon, in October 1992, reco...
The Decision in Mike Campbell v. The Republic of Zimbabwe: A Functional Paralysis of the SADC Tribunal
Silesian Journal of Legal Studies, 2016
Legal Framework for the Implementation of ECOWAS Energy Programmes: The Energy Protocol, WAPP Agreement and WAGP Treaty
Appraisal of What Constitutes Legal Gaps and How They Are Filled in Different Jurisdictions
Journal of Malaysian and Comparative Law, 2015
Decentralization of Governance through the Restructuring and Devolution of Powers Entrenched under the Constitution of Nigeria
Telos, 2019
Introduction As in most countries of the world, the government in Nigeria is designed to operate ... more Introduction As in most countries of the world, the government in Nigeria is designed to operate within the ambit of a constitution. The 1999 Constitution of Nigeria spells out the principle of separation of powers, making clear the responsibilities and limitations of each arm and tier of government. The constitution distinguishes the power of the legislature from that of the executive, and it separates the power of the executive from that of the judiciary. Similarly, it establishes each tier of government: federal, state, and local. It identifies the major elements of power, including control of public funds, appointment into public…
Advances in Multidisciplinary & Scientific Research Journal Publication, 2018
The study is on the effect of willingness to pay for water supply and sustainability water facili... more The study is on the effect of willingness to pay for water supply and sustainability water facilities in Niger Delta Communities carried out in extention and revalidation of an earlier study done by European Union -Assisted Niger Delta Support Programme (EU-NDSP). Nine self-selected small towns in two pilot intervention local government areas (Kolokuma-Opokuma and Brass LGAs) in Bayelsa state, Nigeria were used for the study. The study relied on UNICEF (2013) baseline survey which estamates the population of the two LGAs at 117,026. A sample of 660 respondents were initally sampled using Bill Godden ( ) formular for determination of sample size, out of which 610 were eventually used for the study.The reseach design adopted for the study is the survey design. One questionnaire was developed and validated from which copies were made and administered to 660 respondents out of which 610 were validly retrieved and formed basis for the study. Analysis of the questions was done majorly using simple percentages in contingency table format. One hypothesis was tested using Chi square (x 2 3) at 5% level of significance. The Chi square calculated is 39.3 while the critical value is 7.185. The result of the study shows that willingness to pay for waters supply affects the sustainability of water resources. The study also show a willingness to pay for water that shall be provided under the EU-NDSP and other donor water schemes with about 85% acceptance.The study concludes that willingness to pay affects the sustainability of water facilities and there is willingness on the part of the communities to pay for water services under the EU-NDSP and other donor water supply scheme.The study recommends as follows: (1) Donor agencies should always ascertain the willingness of benefiting communities to contribute to the sustainability of project before intervention (2) That communities should be encouraged to pay for water supply to ensure sustainability of the water facilities and (3) from inception phase of the project, there should be active advocacy and sensitization of all relavant stakeholders on management for sustainability to enhance willingness to pay.
The legal implications of appointment and removal of directors under Nigerian CAMA and the UK Company's Act
Journal of African and International Law, 2013
Acta Juridica Hungarica, 2012
Traffi cking in humans has been described as the third most lucrative criminal enterprise in the ... more Traffi cking in humans has been described as the third most lucrative criminal enterprise in the world after trade in illict arms and drugs with an estimated profi ts between US $7-10 billion annually. The main aim of this paper is to discuss how Nigerian women and children are taffi cked to Italy for prostitution with the impression that they will make a living through effortless earnings in Europe. Though no society is immune from traffi cking but studies have shown that most Nigerian women and children who are traffi cked to Italy for the purpose of prostitution is as a result of their gullibility to make easy life in Europe and they end up being trapped in a traffi cking ring of Nigerian and Italian mafi as. Hence this paper will examine the "An Appraisal of the Socio-Legal Issues Involved in Traffi cking of Nigeria Women and Children" by taking into consideration the factors responsible for the traffi cking and the legal approaches adopted by the government of Nigeria to address the problem over the years.
ECOWAS: a promise of hope or success for sub-regional economic integration in West Africa
Silesian Journal of Legal Studies, 2014
Human rights implications of Shell's activities in Nigeria: revisiting the case of the Ogoni community
A Critical Appraisal of the Impact of the Activities of Multinational Oil Corporations on Human Rights in the Niger Delta Region of Nigeria
A functional justice system is a pointer to economic growth, development and stability. A system ... more A functional justice system is a pointer to economic growth, development and stability. A system which is characterized by problems ranging from but not limited to abuse of court processes, bureaucracy, lack of funds for the judiciary and the police, delay in trial, non-reformation of correctional institutions, congestion of prisons, and recidivism will be abhorrent to social justice, foreign investment and human rights principles, thereby, affecting the economic, infrastructural and human development of the state. The criminal justice system comprising of the police, the judiciary and the correctional agencies provides solutions to these problems and patterns the direction of crime policy in a state. This paper posits that the Nigerian state should provide the necessary framework to complement the traditional utilitarian system of punishment, ‘imprisonment’, and pursue a more victim /offender engagement for prevention of crime, guarantee non-custodial treatment for crime offenders,...
An Appraisal of the Role of ILO Administrative Tribunal
This book examined the Role of ILO Administrative Tribunal in Promoting and Protecting the Contra... more This book examined the Role of ILO Administrative Tribunal in Promoting and Protecting the Contractual Rights of International Civil Servants. This is due to the fact that officials of International Organisations are acting within the parameters provided by the rules of procedure of the organisation and terms of their contract of employment and are not subject to labour laws enshrined in national legislations, which are arguable in municipal courts. This book will also answer questions on whether the ILOAT has created an internal environment with adequate due processes to ensure that best practice standards for fair trial of defaulting or aggrieved international civil servants are guaranteed. This book equal demonstrated the fact that the ILOAT, though with a broader jurisdiction, is not the only administrative body addressing the grievances by employees of international organisations but the United Nations Administrative Tribunal (now reformed as United Nations Dispute Tribunal and...
The legal implications of appointment and removal of directors under Nigerian CAMA and the UK Company's Act
Journal of African and International Law, 2013
Decentralization of Governance through the Restructuring and Devolution of Powers Entrenched under the Constitution of Nigeria
Telos
Introduction As in most countries of the world, the government in Nigeria is designed to operate ... more Introduction As in most countries of the world, the government in Nigeria is designed to operate within the ambit of a constitution. The 1999 Constitution of Nigeria spells out the principle of separation of powers, making clear the responsibilities and limitations of each arm and tier of government. The constitution distinguishes the power of the legislature from that of the executive, and it separates the power of the executive from that of the judiciary. Similarly, it establishes each tier of government: federal, state, and local. It identifies the major elements of power, including control of public funds, appointment into public…
Acta Juridica Hungarica, 2012
Traffi cking in humans has been described as the third most lucrative criminal enterprise in the ... more Traffi cking in humans has been described as the third most lucrative criminal enterprise in the world after trade in illict arms and drugs with an estimated profi ts between US $7-10 billion annually. The main aim of this paper is to discuss how Nigerian women and children are taffi cked to Italy for prostitution with the impression that they will make a living through effortless earnings in Europe. Though no society is immune from traffi cking but studies have shown that most Nigerian women and children who are traffi cked to Italy for the purpose of prostitution is as a result of their gullibility to make easy life in Europe and they end up being trapped in a traffi cking ring of Nigerian and Italian mafi as. Hence this paper will examine the "An Appraisal of the Socio-Legal Issues Involved in Traffi cking of Nigeria Women and Children" by taking into consideration the factors responsible for the traffi cking and the legal approaches adopted by the government of Nigeria to address the problem over the years.
International and Comparative Law Review
The article deals with the rules for a grant of interim measures in the context of EU law and its... more The article deals with the rules for a grant of interim measures in the context of EU law and its application in national judicial proceedings. It covers the key case-law of the Court of Justice of the EU related to the regime, conditions and limits of the interim measures and adds a reflection of practice of Czech courts. Article pays particular attention to the conditions for suspension ofn the application of national law measures.
Agora International Journal of Juridical Sciences
The concept of privatization is not a new phenomenon but the practice continues toelicit novel id... more The concept of privatization is not a new phenomenon but the practice continues toelicit novel ideas that attract comments from academics and other practitioners around theglobe. It is an idea that have transcended over the decades to ensure that public enterprises arebetter managed by private individuals and organizations in order to achieve efficiency in theirproductivity. Our primary goal in this article to examine the philosophical, political andideological basis of the concept of privatization and how this idea has found its relevance inNigerian Political landscape via a reflecting on the Nigerian experience. This paper will startby examining the universal ideas behind concept of privatization, the meaning and origin ofprivatization, its influence on Nigeria and references will be drawn from other countriesaround the world that have made some giant strides in the field of privatisation of their Stateowned enterprises. There will be an overview of the methods of privatization, t...
Diplomatic manoeuvres in the creation of the United Nations Human Rights Council
East African Journal of Peace and Human Rights, 2012
Uploads
Papers by MICHAEL OGWEZZY