Improving Access to Environmental Justice under the African Charter on Human and Peoples’ Rights: The Roles of NGOs in Nigeria

Ekhator, Eghosa

doi:10.3366/ajicl.2014.0080

Cited by 15 publications

(13 citation statements)

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“…Such litigations have added to a growing jurisprudence on regulation of MNCs by CSOs in Nigeria. 92 This is evident in human rights protection within Nigeria where the courts have produced "pro-human rights alterations and reformations." 93 Thus, the Nigerian government has "become more sensitive to the environmental and social responsibilities of oil companies" 94 and MNCs are expected to "negotiate and reach memoranda of understanding with host communities, honour agreements, and be more responsive to [their] problems."…”

Section: Resultsmentioning

confidence: 99%

The civil society and the regulation of the extractive industry in Nigeria

Ako¹,

Ekhator²

2016

J. Sustain Dev Law Policy

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This article focuses on the role of civil society organisations (CSOs) in impacting on trends and developments in the extractive industry in Nigeria. For example, CSOs take on the government to promote accountability and probity in the management of the sector that is beset by ineffectual regulation; alleged collusion with multinational corporations having as consequences environmental degradation and human rights abuses; and, ineffective judicial processes, among other things. On the other hand, CSOs are increasingly beginning to play prominent roles in collaborations with extractive corporations in the initiation and management of development programmes. In a nutshell, this paper aims to engage with both theoretical (based on the Hood et al conceptualisation of a regulatory regime, which encompasses information gathering, standard setting and behaviour modification activities) and practical frameworks (such as litigation, collaboration and pressure by CSOs) that explain the evolution of CSOs and their "regulatory" roles in Nigeria's extractive industry. Civil society and civil society organisation are used interchangeably.

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Section: Resultsmentioning

confidence: 99%

The civil society and the regulation of the extractive industry in Nigeria

Ako¹,

Ekhator²

2016

J. Sustain Dev Law Policy

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“…119 122 In that case, the court held that while it had jurisdiction to entertain the case, its jurisdiction was only to the extent that the federal government of Nigeria and its agency the Nigeria National Petroleum Company (NNPC) are parties to ECOWAS treaties; but that it lacked jurisdiction over multinational corporations and proceeded to strike their names off the law suit. 123 The attraction of seeking justice in other jurisdictions has been further cemented in the recent foreign case of Vedanta Resources Plc and Another v Lungowe and Others. 124 In that case, the UK Supreme Court held that UK courts can assume jurisdiction in certain circumstances, over cases instituted in UK Courts by non-UK citizens against both foreign subsidiary and the UK parent company in cases of human rights violation outside of the UK.…”

Section: Alternative Pathways To Redressing Environmental Harmmentioning

confidence: 99%

Redressing harmful environmental practices in the Nigerian petroleum industry through the criminal justice approach

Brown¹,

Okogbule²

2020

J. Sustain Dev Law Policy

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The discovery and continued exploitation of crude oil in Nigeria with its many advantages, has exposed the Nigerian environment to several forms of pollution and degradation. Consequently, extensive harm has been done to the human and natural environment some of which may prove irreversible. This is largely attributable to wrongful environmental practices, sabotage, ineffective regulation and enforcement mechanisms. Sadly, environmental laws in Nigeria do not specifically criminalize such inimical activities, while some grave environmental crimes are downplayed and treated as civil wrongs. This article argues in favour of a compelling need for a reassessment of environmentally harmful acts with a view tocodifying and criminalizing certain acts to promote the observance of basic environmental laws, especially by multinational corporations, and support the realization of a sustainable environment in the country. This has become imperative as Nigeria is a subscriber to the United NationsSustainable Development Goals (SDGs). An effective and efficient regulatory regime is a vital for achieving these goals by the year 2030. Keywords: Environment, Environmental Pollution, Environmental crime, Ecocide, SDGs.

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“…It is important to point out that there are still many inconsistencies regarding individual complaints against breaches of the Community's economic laws. 29 The ECOWAS Court of Justice should also be called a hybrid court. In fact, the court is mutatis mutandis a combination of ECJ (European Court of Justice) and ECtHR (European Court of Human Rights).…”

Section: The Jurisdiction Of the Court Of Justicementioning

confidence: 99%

“…This would be possible through supplementing the decision. 29 However, the legal force prohibits a rectification of the decision at a later date. This means that the possibility of an addition depends on the modus operandi of the Constitutional Court.…”

Section: Possibility Of a Rectification Of Materials Errorsmentioning

confidence: 99%

“…All of this did not provide good conditions for an independent Court of Law. 29 The Conference of Heads of State has taken note of this criticism and has reacted positively to it. During the Conference of State Presidents the heads of state passed a resolution on 14 June 2006, regarding the election of judges.…”

Section: Status Of the Ecowas Court Of Justice In Particular Its Independencementioning

confidence: 99%

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The Court of Justice of the Economic Community of West African States as a Constitutional Court

Bado¹

2019

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One of the major innovations made by the Economic Community of West African States (ECOWAS) is the unequivocal granting of a supranational role to the Court of Justice of the organisation. However, its human rights mandate has led to real and potential tensions within the ECOWAS legal order. The tensions stem from the legal force of judgments of constitutional courts of member states and the admissibility of individual petitions before the Court. This work identifies some deficiencies in the current regime of the human rights mandate of the Court. Gaps exist at the level of the member states’ constitutional order, as well as at the community level. The supranational competence of the jurisdiction must be implemented by the possibility of ordering concrete measures to be taken by states for the reparation of human rights violations. Innovative solutions are suggested in this work in order to fill procedural and substantial gaps in the protection system established in West Africa.

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Improving Access to Environmental Justice under the African Charter on Human and Peoples’ Rights: The Roles of NGOs in Nigeria

Cited by 15 publications

References 0 publications

The civil society and the regulation of the extractive industry in Nigeria

The civil society and the regulation of the extractive industry in Nigeria

Redressing harmful environmental practices in the Nigerian petroleum industry through the criminal justice approach

The Court of Justice of the Economic Community of West African States as a Constitutional Court

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