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Publication Title OIL PIPELINES VANDALISM AND OIL THEFT: SECURITY THREAT TO NIGERIAN ECONOMY AND ENVIRONMENT Download PDF
Publication Type journal
Publisher JOURNAL OF ENVIRONMENTAL LAW & POLICY | 03(01) APRIL 2023
Publication Authors Awodezi Henry*, Safiyya Ummu Mohammed
Year Published 2023-04-28
Abstract Nigeria is a middle income country whose economy depends largely on crude and refined oil from its natural environment. A larger percentage of Nigeria economy survives mainly on the incomes from oil production. Over the years, there is recurrent dwindling oil revenue orchestrated by oil pipelines vandalism and oil theft in the environment. This is predominant in the Niger Delta Region of Nigeria. This menace has wreaked havoc on the Nigeria?s economy. Currently, the Nigerian National Petroleum Company Limited (NNPCL) claims the losses of 470,000 barrels per day of crude oil amounting to $700 million monthly due to oil theft. The disquiets of these menaces in the environment, which have posed serious threat to Nigeria?s economy, are addressed in this paper. This paper employed the doctrinal legal research methodology in evaluating the recurrent oil pipelines vandalism and oil theft causing a devastating economic meltdown. On this premise, this paper finds that persistent loss of barrels of crude oil and degradation of the environment are due to the lack of adequate security measures and proper enforcement of Oil Pipelines Act together with other relevant environmental laws. Based on the findings, this paper recommends a review of the Oil Pipelines Act, the establishment of a strong environmental security surveillance, and creation of a special court for accelerated prosecution of vandals. It concludes that this will mitigate the alarming economic meltdown of the Nigeria?s economy and promote a sustainable serene environment.
Publication Title PROSPECTS AND CHALLENGES TO PROVE ENVIRONMENTAL HARM IN LITIGATION: STATUS QUO IN NIGERIA Download PDF
Publication Type journal
Publisher JOURNAL OF ENVIRONMENTAL LAW & POLICY | 02:03 DECEMBER 2022
Publication Authors Awodezi Henry
Year Published 2022-12-28
Abstract Environmental litigation and enforcement of environmental rights remain a global challenge to sustainability, especially in developing countries such as Nigeria. The increasing rates of industrial activities have led to increase in production of hazardous substances posing threat to lives of the inhabitants of the environment. Victims of environmental harm most times find it difficult to protect and enforce their environmental rights. Proving environmental harm such as damages to property in litigation to enforce rights of compensation or restoration for damages suffered becomes difficult due to locus standi technicalities and undue delays during trials. Sometimes victims are faced with financial constraint in pursuing the course of justice which involves retaining the services of a lawyer and expert witnesses. This paper, therefore, examines the prospects and challenges to proving environmental harm in litigation. This paper employs doctrinal legal research methodology and content analysis of both primary and secondary sources in relation to proving environmental harm in litigation. On this premise, this paper recommends the application of the principle of Res Ipsa Loquitur in trials of environmental cases. Proving environmental harm for the enforcement of environmental rights by victims, should be totally devoid of technicalities of law during trials. This will in turn promote the course of justice in cases dealing with environmental harm.
Publication Title “The Legal Implication and Commercial Risk when Title does not pass under the Sale of Goods Act” Download PDF
Publication Type journal
Publisher Credible Governance Legal Essay (OwerriZubic Infinity Concept) ISBN 978-978-985-409-7 (2020) Pp. 100-108
Publication Authors Awodezi Henry Esq., Ph.D
Year Published 2020-09-09
Abstract In the commercial world goods are defined to mean all chattels personal other than things in action and money, and includes emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. In Nigeria, sale of goods is regulated under the Sale of Goods Act of 1893 and the Sale of Goods laws of the various States of the Federation. Contracts involving sale of goods also formed part of the law of contract. Thus, there had beena notable recurrent challenges in commercial transactions between seller and buyer as to passing of title and risk. Generally, title will not pass to the prospective buyer if there is absence of authority to do so. This had placed so many parties in sale of good contracts in a mess. In this regard, this paper adopted the doctrinal legal research methodology in evaluating the legal implication and commercial risk when title does not pass under the Sale of Goods Act. This in effect is geared towards mitigating the risk of losing title to goods when goods have been fully paid for in a sale transaction.
Publication Title Appraisal of Ethnographic-Comparative Research Technique in Research Methodology in Law Download PDF
Publication Type journal
Publisher International Journal of Innovative Legal & Political Studies 7(1):35-39, Jan.-Mar., 2019
Publication Authors Awodezi Henry, Esq
Year Published 2019-05-05
Abstract The choice of a legal subject of research and its intended outcome or the deficiency it intends to cure, depends largely on the approach given to it. Traditional approaches to research in law have tended to become almost exclusively doctrinal with little or no room for the use of data and other materials arising from field work. The question then arises as to what kind of legal research technique and scientific methodology is most appropriate for the legal researcher. Thus, the aim of any legal research will determine the particular research technique to employ. A legal researcher may choose to employ the doctrinal or non-doctrinal legal research method. However, this paper is restricted to ethnographiccomparative legal research technique. An appraisal is done on the ethnographic-comparative technique. This paper reveals the advantages and disadvantages as well as suggestions that will help a legal researcher in choice of research technique suitable for his work. Wrong choice will lead to a frustrating end. In an era of multidisciplinary approaches to research and teaching as well as reliance on data for planning and national development, it is pertinent for a legal researcher to understand research methodology before embarking on research work.
Publication Title THE POLLUTER PAYS PRINCIPLE AND THE RISING WAVES OF ENVIRONMENTAL HARM IN NIGERIA: HOW WELL ARE THE POLLUTERS PAYING? Download PDF
Publication Type journal
Publisher DELSU Law Review Vol. 9 N0. 2, 2023
Publication Authors Dr. Henry Awodezi?
Year Published 2023-02-02
Abstract Environmental legal conscription is a legal phrase which presupposes that environmental legislation should redress the conundrum of a subject matter. The Polluter Pays Principle is an environmental policy which posits that producers of pollution should be made liable to bear the costs of damage or cost of managing pollutants to prevent damage to human health and the environment. Over the years, the heave of recurrent pollution of the environment with hazardous substance has posed a great challenge that left environmental problems unresolved. There has been continuous generation of hazardous wastes on the environment by industrial activities even in the face of numerous environmental legislations. The multinational oil industries are often reluctant in taking up responsibility to ensure a thorough clean up or pay adequate compensation to the victims of environmental pollution that are suffering from the hazards or damage caused to the environment. This article is aimed at effective control to human atrocious activities posing serious threat to environmental sustainability. In this regard, this paper adopts the doctrinal legal research methodology and investigates the environmental legal conscription on polluter pays principle in Nigeria. Consequent upon this, it recommends that stringent enforcement of the polluter pays principle is more effective in curbing environmental hazards as it makes the polluters responsible for the damage or harm caused to the environment. This will conserve the Nigeria environment and promote sustainability.
Publication Title Environmental Law Risk Management; A Remedial Response to Flooding and Wind Erosion Download PDF
Publication Type journal
Publisher Unimaid Journal of Private and Property Law, Vol.6 No1(UJPPL)
Publication Authors Dr. Awodezi Henry Esq., Ph.D
Year Published 2021-02-02
Abstract Environmental risk simply refers to the disasters which affect lives and properties within environment as a result of the action of man and other natural phenomenon. Environmental risks in Nigeria are of different types ranging from pollution, Ozone layer depletion, land degradation, flooding, global warming, deforestation, soil erosion and atmospheric contamination. These problems are classified as natural, developmental and socio-economic. This research reflects on critical issues relating to flooding in Nigeria such as causes, impacts and remedies. On this parlance, an evaluation is done on environmental risk management as a remedy to curtailing flooding and wind erosion menace in Nigeria. Flooding and wind erosion which adversely have been more damaging in Nigeria have worsened recently due to a number of factors such as rapid population growth, urbanization, poor urban planning and climate change especially in increased frequency and intensity of rainfall. There is limited effort in tackling this flood hazard due to lack of flood data and other remote causes yet to be identified. The rate of flooding occurrence recent time is alarming. Globally, millions of people are exposed to flooding and wind erosion every year with recorded cases of death, Lost of buildings, in some cases communities were rendered homeless and other hazards. This research, through doctrinal legal research technique, has reveals various strategies of environmental risk management which include risk avoidance, risk retention, risk transfer, risk reduction, diversification, opening of contingency fund, insurance management and establishment of risk management and establishment of risk management monitoring team. These options are reviewed and recommended as mitigating factors to flooding and wind erosion menace in Nigeria.
Publication Title Legal Conscription on Sustainable Environment Download PDF
Publication Type journal
Publisher Unimaid Journal of Private and Property Law, Vol.5
Publication Authors Awodezi Henry Esq., Ph.D
Year Published 2020-08-08
Abstract Many developed Countries have recorded substantial advances in living standards as a result of their industrial development over the past two centuries. Now it is realized that many of the processes used are detrimental to the environment and can no longer be sustained if there is to be a future at all for human existence on the planet earth. The problem is that, for developing nations, the standard of living shows a decrease and they must understandably seek ways of improving the lives of their inhabitants. They cannot do the same as the developed industrialized nations had because the environment has already suffered too much as a result of developmental industrial activities. This paper via doctrinal research methodology, investigated and identified some major factors confronting sustainable environment such asignorance and lack of environmental education, poverty, lack of innovation and modern technology, weak enforcement mechanism of environmental law enforcement agencies, problem of implementation and non-compliance. To remedy these challenges and complement means of improving standard of living, therefore calls for serious attention on legal conscriptions for sustainability. Sequel to the foregoing, this paper recommends stringent enforcement of environmental policies in the area of balancing environmental interest against developmental interest.
Publication Title Occupational Hazards and Safety Decadence Under the Factories Act Download PDF
Publication Type journal
Publisher Unimaid Journal of Private and Property Law, Vol.6 No1(UJPPL) Privatelaw@unimaid.edu.ng, ISSN:2534-6181 (2021) Pp.94-100
Publication Authors Dr. Awodezi Henry Esq., Ph.D
Year Published 2021-09-09
Abstract Under the provisions of the Factories Act, Factory has been defined to mean any premises in which or within which or within the close or precincts of which one person or more persons are employed in any process for or incidental to any of the following purposes namely; the making of any article or of part of any article; or the altering, repairing, ornamenting, finishing, cleaning or washing or the breaking up or demolition of any article; or the adapting for sale of any article being premises in which or within the close or cartilage or precincts of which the work is carried on by way of trade or for purposes of gain and over which the employer of the person or persons employed therein has the right of access or control. The above definition contemplates that all appurtenances to factory environment such as stairs, floors, steps, passages, gangways or building used as a factory must be effectively maintained and kept spick and span at all times. Buildings with sub-standard materials leading to collapsing of building, lack of safety wears or protective materials for workers while working have caused serious harm to both workers and work environment. This paper evaluated some of the occupational hazards and safety decadence under the Factories Actthrough doctrinal legal research methodology. The poor welfare scheme, condition, poor safety apparatus and the ill-mannered in which workers are being treated in factories are some identified occupational hazards which vehemently provoked this paper work. In this connection, this paper examined the identified hazards with a view towards proffering remedial tips so as to mitigate such hazards emanating from factories or work environment. A review of sanctions for breach and strategic enforcement of the Factories Act is recommended.
Publication Title RE-EXAMINING THE LEGAL FRAMEWORK AND DRAWBACKS OF NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY Download PDF
Publication Type journal
Publisher UDUS Law Journal
Publication Authors DR. AWODEZI HENRY, ESQ., SAFIYYAH U.mmu Mohammed
Year Published 2021-10-10
Abstract The National Environmental Standards and Regulations Enforcement Agency (NESREA) was established in 2007. The major aim of establishing the agency is to ensure that the Nigerian environment is clean and healthy enough for human existence.Over the years, this is scarcely achieved as the state of Nigerian environments are very poor. It is an environmental agencythat operate under the Department of Federal Ministry of Environment. NESREA is responsible for enforcing environmental standards for all sectors, except the petroleum sector. NESREA has responsibility for the protection and development of the environment, biodiversity, conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination and liaison with relevant stakeholders within and outside Nigeria. This paper critically examined the fundamental function of the NESREA in enforcing environmental standards vis-à-vis the poor state of the Nigerian environment. This paper was researched through doctrinal legal research technique and a major cause identified was the lack of stringent implementation of environmental laws. This is premised on the fact that the average Nigerian is reluctant in obeying environmental laws due to his overriding selfish developmental interest at the expense of destroying his environment. A stringent implementation of environmental laws is therefore recommended.
Publication Title COMPANY’S PROSPECTUS: A VITAL RECIPE IN ULTRA VIRES PRACTICE Download PDF
Publication Type journal
Publisher PAAU Journal of Jurisprudence and International Law
Publication Authors AWODEZI HENRY, Ph.D AND OVREME AFORKOGHENE OLIKA
Year Published 2022-05-05
Abstract A prospectus is a printed document that describes the main features of an enterprise often a corporation’s business which is distributed to prospective buyers or investors especially a written description of securities offering, purchase of shares or debentures. Under the Security Exchange Commission Regulations, a public company must provide a prospectus before offering to sell stock in the company. Contrary to this regulation, there is usually an insider trading by the company’s officers who might have allotted a number of shares to themselves behind the scene before issuing its prospectus to the general public. This practice is ultra vires, especially keeping the innocent prospective subscribers in perpetual disadvantage by the culpable officers. The ultra vires practice and the perpetual disadvantages of the prospective subscribers gave rise to this research. Thus this research employed the doctrinal legal research methodology in investigating the mode and manner in which a company’s prospectus is used as a veritable recipe in ultra vires practice by corporate officers. On this premise theresearch recommends that a Special Pre-Prospectus Inspectorate Committee (SPIC) with Inspectorate Divisions in all the States of the Federation be established. It is hoped that this committee, when put in place shall collaborate with the Security and Exchange Commission so as to mitigate the identified problem by inspecting all the activities of the company prior to the issuance of its prospectus to the public.
Publication Title An Overview of the Crime of Online Child Pornography Download PDF
Publication Type journal
Publisher UDUS Law Journal
Publication Authors Safiyyah Ummu Mohammed, LL.M and Awodezi Henry, PhD.
Year Published 2021-10-10
Abstract Technological advances and the use of internet has propelled child pornography into a global market and also minimised the risks involved in its distribution. This has raised concerns about exploitation and abuse and its effect on children’s rights. Using a doctrinal research methodology, this paper examines online child pornography, which is one of the manifestations of child sexual abuse and exploitation. The history and nature of child pornography will be examined as well as the provisions under the Cybercrime Act 2015 that deal with the occurrence. The paper finds legislation and alone cannot achieve change without an effective system in place to implement and enforce them. The paper recommends the regular reviews of existing laws in order to effectively tackle online child pornography.
Publication Title A CRITICAL REVIEW OF EVIRONMENTAL LAW AGENCIES VIS-À-VIS INSTITUTIONAL LEGAL FRAMEWORK ON THE ENVIRONMENT Download PDF
Publication Type journal
Publisher Ebonyi State University Law Journal
Publication Authors AWODEZI HENRY, PH.D
Year Published 2020-09-09
Abstract The term Environment means the totality of everything within a given space. It is the totality of the physical, cultural, economic, aesthetic and social circumstances and factors which affect the value of properties and quality of peoples' life. Environmental law therefore is the law enacted for the purpose of conservation, protection and improvement of human environment.In the course of time, numerous industrialactivities have created a lot of environmental problems due to the increasing rate of destruction of the ecosystem, degradation and flooding. This is very appallingespecially in the face of sundry enforcement agencies such as National Environmental Standards and Regulations Enforcement Agency, Environmental Impact Assessment Act,National Emergency Management Agency, Nigeria Hydrological Services Agency, Nigeria Meteorological Agency. These agencies were created to correct environmental hazards, but this has scarcely been achieved due to recurrent environmental problems.Enforcing environmental laws hasbeen of great challenge due tooverzealous industrial developmental ambitions of human activities. Against this background informed this research whichinvolves doctrinal legal research methodology. Findings showed failures on enforceability due to weak enforcement mechanism. To remedy this recurrent decimal, this paper recommends a critical review of the institutional framework of the environmental agencies.