The Jurisprudence of Compliance and Enforceability of Environmental Protection Laws in Nigeria

The compliance and enforceability of the laid down laws and procedures for sustainable development as inferred from the laws and standard for environmental protection in Nigeria has become one of great concern as the unsustainable use of the of the environment has kept the environment in an in secured state as well as placed the life’s and health of the people in danger. With the effect of the activities of the oil and gas industries and the x-ray of the laws put in place for environmental protection especially as it relates to the penalties, the line of reasoning is broadened as to know why the high rate of pollution amidst the constitutional  provisions and otherwise. The draftsmen created lapses in the environmental protection laws however, the compliance and enforcement of the laws the ways they are; still have the capacity to maintain a good and sustainable environment while development continues. However, the constitutional provisions on environmental protection are not exhaustive and it has attracted so much judicial activism which has always ended up not been complementary not until just recently in 2019 the Supreme Court retted otherwise as until then, it has resulted in the miscarriage of Justice. The courts needed to adopt a firm approach dealing with environmental justice hence it has to do with life and health of the people who have been guaranteed fundamental right to life in the constitution. Stiffened penalty will sure streamline the activities in relation to environmental protection. Keywords: Compliance, Enforceability, Penalty, Environmental protection laws DOI: 10.7176/JLPG/93-16 Publication date: January 31st 202

The law of native title to land and compensation for compulsory acquisition (The Nigerian case of the Diobus of Port Harcourt)

This thesis evaluates the native title of the Diobus and adequacy of compensation paid for the acquisition of Port Harcourt in 1913 for public purposes by the British colonial administration. The amount is disputed as not commensurate with the compulsory sacrifice made. This study utilizes the pre- and post-independence legal developments in Nigeria and other countries to elucidate the above. References are also made to legal literature and authors\u27 opinions in newspapers to tap public responses to Diobu land-related rights. The applicable criteria and quantum paid in other jurisdictions are articulated to serve as comparative benchmarks in an attempt to redress the perceived injustice. The transplant into Nigeria, of a regime of compensation whereby the expropriated owners are given a stake in the business located on their land, is advocated to emulate Indian legislation whereby the owners who are compelled to part with their land must be co-opted as shareholders in the enterprises. In addition, the Indian model provides solatium monetary payments beyond the actual damages. This appears most suitable transformative social justice oriented criteria for the reassessment of compensation payable to the Diobus and future acquisitions in order to rebuild the economic livelihood of the expropriated landowners to ensure regular sources of income for their subsistence comparable to what is obtainable in other jurisdictions. The above is the most suitable way to fill the deficiencies noticeable and remedy the injustices of the past regime as it affects the Diobus who are resisting their landlessness and have become restive over what they classify as insufficient compensation dictated by the dominant bargaining power of the colonial government. The repeal of the Land Use Act is advocated because of its inability to operate in a capitalist economy. A modernized Public Land Acquisition Act modeled along the proposed reform is advocated.2022-04-2

Enforceability of solidarity in the European Union

This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University LondonFailure to cooperate and show solidarity in certain areas in the EU has created several problems within the Union. Solidarity is extremely important as the main purpose of the Union is for member states to be able to work together to achieve collective goals. Therefore, if there is a deficit in solidarity, then certain important goals of the Union cannot be accomplished. Along these lines, this thesis explores the concept of solidarity in the European Union. It traces the origins of solidarity and the motivations for solidarity within the Union. It then explores the various treaty provisions which provide for solidarity and cooperation within the Union and how the CJEU has interpreted them. It looks at solidarity in different areas including the area of Asylum, environmental protection, energy procurement, Common Defence & Arms Acquisition etc. Furthermore, it examines member states behavior in terms their compliance with decisions of the Court. Finally, it draws a comparison between solidarity at the Union level and the international level and provides recommendations in the conclusion