DEFAMATION IN THE DIGITAL AGE: A CASE FOR ITS CRIMINALIZATION

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

The emergence and rapid advance of technologies have changed the way people interact, communicate and participate in social and political life. Different platforms and means of digital communication provide people from all races the possibility to exchange information, express thoughts, opinions and ideas without barriers, merely having computer and access to the Internet[1].

Digital evolution has made a tremendous impact on social, economic and political development in different countries all over the world. Today different communication services provide people possibility to share information within shortest time, communicate online with physical persons, private companies, state authorities, express oneself and influence political decisions[2]. Facilitating our lives and accelerating performance of our everyday activities, serving as an enabler of exercising users’ fundamental human rights such as freedom of expression and information, freedom of assembly, etc., the digital technology brings new risks and challenges for its users, policy makers, legal scholars and practitioners.

Social and legal problems involving the digital technology cannot be ignored today, as online activities have become not only necessary, but even vital part of everyday life for the people throughout the world. Despite the degree of involvement of the digital technology in our lives and our experience with digital activities, it still remains the least regulated area, where social relationships take place. The law is still not good at regulating technology. Therefore, it is often called “lawless frontier”, because the law operates on the basis of delimited territorial jurisdiction using frameworks and doctrines developed in an era of physical things and slow communication.

Users mostly oppose any intention to regulate technology such as the Internet, as according to existing opinion, the regulations will stifle the Net as a unique powerful medium. However, the specific nature and the power of the digital technology call on governments to address the risks and fears arising in this field to put measures to criminalize abuses or offenders[3].   Among the main fields which can be affected by illegal and harmful content on the digital technology and which therefore need special attention are the followings: - national, economic and information security; - intellectual property; - protection of human dignity;- protection of privacy; - protection of minors; - protection of reputation[4].

Digital technology  advocates such as Edwards [5] foresaw a more communal and democratic society emerging in digital age, while Johnson and Post[6] explored the notion of the 'real' and 'virtual' as "separate, discontinuous territories, each with their own distinctive social properties". Other writers viewed the anarchic, unregulated, and decentralised network as a "technology of freedom"- one that would "defy the tendencies towards censorship and centralised control of speech and content"[7].  This study therefore explores the defamation in the digital age: a case for its criminalization.

1.2 Statement of the Study Problem

The digital technologies have no doubt empowered individuals worldwide to seek, share information and do businesses as well. However, while it presents unprecedented opportunities, it also exacerbates the tension already seen offline between freedom of expression and other interests. Among those competing interests are the rights to reputation and privacy, traditionally protected by defamation law.  

Defamation, slander and libel, and other violations of other persons’ right to privacy has, probably, occurred throughout all ages and times. However, the digital technology and its rise enabled us to publish and partake of information in a completely different way when compared to traditional media – instantaneously, without respect of physical borders.  In many cases, it concerns serious and potentially harmful types of defamation which in turn perhaps become even more serious as the potential spread of such defamatory acts are exponentially larger when committed on the Internet and it is against this backdrop that this study seeks to investigate defamation in the digital age: a case for its criminalization. 

COMPENSATION UNDER THE LAND USE ACT: A CASE STUDY OF ADAMAWA STATE

 

 

CHAPTER ONE

GENERAL INTRODUCTION

1.1.0   Introduction

Human society in the world is heavily dependent on land and its resources.  It is not an overstatement to say that without land there would be no human existence.  This is because it is from land that man gets items very essential for his survival such as food, fuel, clothing, shelter, medication and others[1].

Everyone requires land for preservation and self actualization within the general ideals of the society.  Land is the foundation of shelter, food and employment.  Man lives on land during his life and upon his demise, his remains are kept in it permanently.  Even where the remains are cremated, the ashes eventually settle on land.  It is therefore crucial to the existence of the individual and the society[2]. 

From the foregoing, it is obvious that the life of man and that of the society revolve around land and its resources.  Thus, global recognition of the relevance of land to the life of man can be gleaned from the proceedings at the United Nations Conference on Human Settlement (Habitat II) 1996 where many countries committed themselves to “promoting optimal use of productive land in urban and rural areas and protecting fragile ecosystems and environmentally vulnerable areas from the negative impacts of human settlements[3].

There is no land without owner; the ownership may be individual, corporate, communal or nation at large.   Ownership of land in Nigeria is subject to a range of diverse cultural and traditional practices and customs.

In Nigeria, ownership of land can be linked with the Treaty of Cession which ceded the colony of Lagos to the British Crown in 1861, relative to the customary right of the people. Land was vested in the Queen before 1963 and when Nigeria became a republic in 1963, it was vested in the hand of the Federal Government[4].

The issue of acquisition came into play when the colonial government in Nigeria needed land for developmental purposes and was forced to compulsorily acquire lands from private owners. The federal government was able to do this by enacting various laws of compulsory acquisition. Today in the country there are acquisition statutes beginning with the Public Land Acquisition Act of 1917, through to the Public Land Acquisition Law, Cap 105 of Western Region, 1959, to the Public Land Acquisition Act of 1976[5]. This was the position of the land tenure system in Nigeria until the advent of Land Use Acting 1978. The Land Use Act, 1978 was promulgated to bring about uniformity in land tenure system, ensure availability of land for developmental purposes and more importantly address socioeconomic problems such as compensation for lands that were compulsorily acquired[6].

The Land Use Act was promulgated as Decree No. 6 of 1978[7] by the then Federal Military Government and came into effect on 29 March, 1978. It is now Cap. L5 Laws of the Federation of Nigeria 2004 Section 1, Land Use Act Cap 202 Laws of the Federation of Nigeria, 1990.

 

The Act was meant to usher in a new land reform in Nigeria; however, it soon become a clog in the wheel of development over the years[8]. The Land Use Act is the medium for land acquisition, and land acquisition is one of the important elements in the land development process[9].  

On the other hand, compensation is one of the means employed to enforce or redress an injury. It is founded on the legal maximum “restitutio in integrum” which means to restore the injured party to the position he was prior to the incident. Compensation can be paid in various forms as damages, reparation, restitution, rehabilitation or restoration provided it serves as an adequate recompense for the victims and the damaged areas of their environment[10].

1.2.0    Statement of the Problem 

The overall land acquisition is in pursuit of the socio-economic development for the public good[11]. Valuation for compensation in different parts of the World is often associated with a number of observable problems.   Also noted, the exercise of land acquisition power is not without controversy.    The way in which governments in many developing countries exercise this power especially for urban expansion, undermines tenure security, and because little or no compensation is often paid, it has negative impacts on equity and transparency  [12] . 

For instance, asserted that the implementation of the previous laws governing Public Land acquisition and payment of compensation in Nigeria has generated controversies, lapses and disputes. Claimants whose interest has been revoked are usually left in a position far worse than they were before the revocation.  It is against this background that this study thus concentrates on compensation under the land use Act 2004 using Adamawa as a Case Study.

AN APPRAISAL OF THE CONCEPT OF UNITIZATION IN THE OIL AND GAS SECTOR: A COMPARATIVE ANALYSIS OF NIGERIA AND SAO TOME AND PRINCIPE

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0    Introduction/Background to the Study

Unitization occurs when licensees of oil and/or gas reserves pool their individual interests in return for an interest in overall unit. It is then operated by a single company on behalf of group.This happens when a field lies under different licences with differing equity interests[1].

Geology, and nature in general, are never perfect. Given the migratory nature of oil and gas, a hydrocarbon reservoir will often straddle two or more licences or contract areas; indeed, in certain instances, a hydrocarbon reservoir may even straddle international borders[2].

One of the primary objectives of host governments and international oil companies (“IOCs”) is to maximize the economic recovery of petroleum from the “common” hydrocarbon reservoir. Unitization is an approach which the oil and gas industry has developed to ensure that, to the extent possible, this is achieved[3].

In essence, unitization is the joint development of a hydrocarbon reservoir which extends across two or more licence or contract areas (if the field is governed by a production sharing contract regime) in order to ensure the efficient production of the reservoir and to maximize the economic recovery of petroleum from such licences of the contract areas[4].

The net effect of this is that each license group agrees that the license or contract areas are aggregated as a “unit”, with each owner receiving a percentage interest in the unit (“unit interest”)[5].

This study appraise the concept of unitization in the Oil and Gas sector:  A Comparative Analysis of Nigeria and Sao Tome and Principe. Also, it presents a general overview of the principles of unitization, how unitization is commonly documented and what issues generally need to be considered by IOCs when embarking on a unitization.

1.1.0    Statement of the Problem

Unitization in the oil and gas sector can be problematic owning to data exchange between the license groups.  In the bid to preserve the confidentiality of each nation’s own data acquired in respect of their license, it give rise to a lot of issues and concerns among the parties involved.

In practice, negotiation of a confidentiality agreement between the license groups can be a lengthy process particularly where parties fail to agree on the precise purpose for the use of confidential data and subsequently request to see data which is beyond the scope of the confidentiality agreement in place for protecting the confidentiality of the data already exchanged[6].

One other problem in unitization is that of the pre- unitization agreement which parties need to be aware is that interests of the parties contained in the pre-unitization agreement may not necessarily be reflected in the subsequent unitization agreement[7]. This is because the parties will find out more about the reservoir through geological and reservoir engineering studies which will be undertaken as finalization of the unitization agreement, and subsequently once one or more redeterminations are undertaken and it is against this background that this study seeks to investigate the concept of unitization in the Oil and Gas sector using Nigeria and Sao Tome and Principe for analysis.

 

1.2.0    Objectives of the Study

The main objective of this study is to appraise the concept of unitization in the Oil and Gas sector:  A Comparative Analysis of Nigeria and Sao Tome and Principe. The specific objectives of the study are;

1. To examine the fully-termed unitization agreement and to find out better ways on how unitization could be carried out

3. To assess the Nigeria, Sao Tome and Principe and the International Legal Framework and to reveal the pros and cons for the edification and benefit of both countries 

2. To evaluate the taxonomy and Joint Development Agreement and how its contents for a future guide   

4. To contribute to knowledge

1.3.0    Research Questions

The following questions will be addressed in the course of the study;

1. What is the fully-termed unitization agreement and the benefits to the both countries?

3. How has the International Legal Framework helped in unitization of the Nigeria, Sao Tome and Principe?

2. What are the taxonomy and Joint Development Agreement in this case?

DISSOLUTION OF MARRIAGE IN ISLAMIC LAW: PROBLEMS AND PROSPECTS

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0   Introduction

In many societies particularly in Nigeria, marriage is regarded as a prominent prerequisite for the establishment of a legitimate family[1]. However, where a country is inhabited by people of different cultures and religions, it will also witness application of different systems of law[2] pertaining to their respective customs and this reflects mostly in the forms of their ceremonies including marriage and even the dissolution. Nigeria is among such countries because about half of the population in the country is Muslim, followed by a large percentage of Christian, and a minority population of traditional religious practitioners and atheists[3].

Islamic Marriage is marriage conducted according to the tenets of Islamic law. Like customary law marriage, no certificate is issued. It is also not limited to one man and one woman. Indeed, a man can marry as many as four wives provided he is capable of meeting the requirements and conditions stipulated under Islamic Law.  This research work, takes an in depth look at dissolution of marriage in Islamic Law: Problems and Prospects. 

1.1.0    Background to the Study

Marriage customs vary in Islamic majority societies. The Hanafi, Hanbali, and Maliki Islamic Jurisprudence Schools all posit marriage is recommendatory, while the Shafi Islamic Jurisprudence School considers marriage to be (mubah) preferable[4]. The general principle of the aforementioned dictates center on the Prophet Muhammad and his efforts to enjoin his followers to marry. The Qur’an says:

“And among His signs is this, which He created for you mates from among yourselves that you may dwell in tranquility with them, and He has put love and mercy between your hearts.

Undoubtedly in these are signs for those who reflect.” (30:21), and “And Allah has made for you your mates of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best.” (16:72). Islamic law dictates that marriage cannot be forced  and is recognized as a contract [5].

As written in the Qur’an, it is also lawful for a Muslim man to take up to four wives, provided he treats them equally: “If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or that which your right hands possess. That will be more suitable, to prevent you from doing injustice.”

Islam recognizes dissolution of marriage or divorce, yet it tries to discourage it by all mean. Mahmud Abdul Malik Bappa[6], “the Prophet of Islam told the believers that ‘among all the permitted acts, divorce is the most hateful to God’” . The Prophet Muhammad also proclaimed:

“The most perfect in faith amongst believers is he who is best in manners and kindest to his wife”.

ACHIEVING EFFECTIVE PRODUCTIVITY IN PUBLIC SERVICE THROUGH MANPOWER PLANNING AND DEVELOPMENT: A CASE STUDY OF LOCAL GOVERNMENTS IN ENUGU STATE.

CHAPTER ONE

INTRODUCTION

1.1    BACKGROUND TO THE STUDY

Human resources are cardinal element of development. The over all development of a country revolves on the level of manpower utilization. This has made manpower planning and development imperative for any successful organization. Maintaining a competitive edge in any segment where multiple players exist is only possible with people and talent. It has got an important place in the arena of industrialization. Manpower planning and development are two important pillars for achieving effectiveness and efficiency in organization.

It has been observed that both pre and post colonial administrations of Nigeria had failed to accord adequate regard to manpower planning and development. Labour was relegated to background among other factors of production. The human resources planning and staff development for national growth and development were distorted. These affected the availability of human resources for improvement of socio-economic and political development during the first and second national development planning.

This was made clearly in Nnadozie (2004), he states thus; the unrealistic nature of the 1962-68 plan objectives and targets become more apparent when

they are juxtaposed with the financial, technical and managerial capabilities of the country.

In recognition of the needs for human resources planning led to introducing of the policy for Manpower Planning and Development in Nigeria at the period of 1960’s and 70’s. Specifically, in the year 1962, federal republic of Nigeria created National manpower board (NMB) with the responsibility for determining the manpower needs and developments. To enhance the manpower need in local government, federal military Government in 1978 selected three universities, University Nigeria, Nsukka, Obefemi Awolowo University, Ile-Ife and Ahmadu Bello University, Zaria.

Though ideals do not approximate reality, the socio-economic and political development of Nigeria state has become elusive due to inappropriate and inadequate manpower planning and development. Planning in Nigerian public service has become a gambling affair. Public service in Nigeria especially local government usually embark on manpower planning with inadequate data on the evolutionary trends of an organization, partly on organization’s personnel, external relations, and general organization’s objectives.

Development of workers is no longer a matter of a necessity to much management as a result of inability to forecast future manpower needs in relation to the organizations’ objectives. Training in local government, despite the selection of the universities named above to under take training of local government workers; training is still sporadic, unstructured and unsystematic. There is little emphasis on training for technical and professional staff; such as surveyors, accountants, engineer and doctors. This finally retards the progress of an organization.

The resources of organization are diverse but human resources is recognized as the most important out of other resources required for effective and efficient service delivery in local government. Human resources are the key to rapid socio-economic development and efficient service delivery. In addition, Mwagbala (2005) posits that “it is Human resources of a nation not its capital, nor its material resources that determines the nature of, direction and pace of its socio-economic development. Essentially, nations are built through the creative, productive and innovative hardworking of people. At best financial resources can only facilitates production, but real wealthy is increased by productive labour activity.

AN EXAMINATION OF SANCTIONS FOR BREACH OF ENVIRONMENTAL LAWS IN THE NIGERIAN PETROLEUM SUBSECTOR: A COMPARATIVE STUDY OF NIGERIA AND SUDAN.

  

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

The Nigerian economy depends largely on the petroleum industry for revenue generation and to drive its growth. However, the petroleum industry has been associated with major issues of accidents and disasters which have contributed to vast safety and environmental problems. Exploration and exploitation of petroleum products has obvious implications to the natural environment and human safety[1]. This is especially true for all sectors of the industry including the downstream.   

On the other hand, Sudan is a very rich developing country and also endowed with vast potential in areas of petroleum, natural gas, and petro-chemicals industry, but since independence in 1956, Sudan went over many challenges and obstacles of environmental disaster increasing ecological changes during the last four decades[2], and this clearly can be traced to petroleum industry activities. 

Conversely,  emphasis on institutional strengthening efforts to set up a policy body driven by stringent regulations and strong law enforcement apparatus to control the activities of the oil industry against environmental degradation for both countries is paramount and it is against this back-drop that this study seeks to examine sanctions for breach of environmental laws in the Nigerian petroleum subsector: a comparative study of Nigeria and Sudan.

 

Oil exploration represents a major human activity in pursuit for an essential resource for modern life. But it ensues grave catastrophes if exploration and exportation of oil are not scientifically managed and controlled, and if the oil companies are not subject to a punctual back-to-back supervision, sanctions, definitely, there would be breach in environmental laws. Usually the exploration process runs through several stages, starting from the discovering and production, up to industrialization and transportation. Such stages require special precautions such as regulatory limitations or technical instructions[3].

The World has reached many agreements, conventions and protocols to boost up international efforts to emphasize issues related to environment and natural resources management. There are more than 100’s treaties and protocols issued.  Among the main conventions relate to oil industry environmental impacts,  are the convention concerning preservation of wet lands due to common international interests. It is known as "Ramsar", and was ratified in 1971.  The main purpose of these conventions and protocols - bilaterally, regionally or internationally – is to assume protection of environment and persevering natural resources.

Ratification of such conventions and protocols is not sufficient, but instead the international society needs to abide to legislative, regulative and administrative rules stipulating execution, effectiveness and compliance with such agreements at the national level[4]. The environmental law is defined as “the legal system assigned to protect, develop and prevent damage to environment[5]”.

The issue of environment protection is regarded as one of the contemporary law systems, and a new issue in the compared law systems. This is because the right to have a clean environment is assumed to be ensued from the third claims of human rights. Such rights are grounded on social

cooperation which requires corporative interaction on the regional and international levels.

The objective of the environment protection law in oil industry is generally to organize the rules and mechanisms that maintain preservation of environmental elements which include nature protection and prevention of pollution, water and air protection, and preservation of maritime and coastal environment, natural reserves, soil and as well sanctions for offenders.  

The regulations of environment protection generally include rules concerned with prevention of environment pollution, disposal of oil leakages and oil processing discharges as well as the rules concerning the prevention of any activity that might jeopardize environment and produce polluters. Besides, these laws and regulations organize environment protection mechanisms in terms of establishment of the competent authority which will be in charge of such mechanisms, and which will be entitled to define the environmental crimes and its due sanctions along with the procedures pertaining to managing the hazardous materials and wastes, and assessment of the environmental impacts[6].

1.2 Statement of the Study Problem

There is a natural law in architecture called “nature forgiving” whereby nature forgives man activities on environment, but there is another natural law called “nature not forgiving” where the mother nature reacts to man’s activities on earth[7]. 

The rate at which oil companies carry out their production, exploration activities and their effects on the environment calls for attention of government to put measures and control.   Ahmed[8] averred that each year, over 6 million tons of CO2 are discharged to the atmosphere, due to burning of fossil fuels (oil, gas and coal), thus leading to the release of sizeable quantities of various gases which cause the Ozone to expand and the environment to become more polluted. 

It is pertinent to say that conducive environment is required by all living beings, including humans, livestock, plants, micro-organisms and wildlife for normal and healthy living. The favorable unpolluted environment has a specific composition. When this composition gets changed by addition of harmful substances, the environment is called ‘polluted’ environment and the substances polluting it are called ‘pollutants[9]’.

Most oil companies (Multinational Corporations) working in the developing countries give little consideration to the environmental safety and the environmental laws. The problem is that the consequences of the excavation operations will last some decades with potential destructive results and serious environmental hazards which include air pollution, oil leakages, associated digging liquids pollution to the soil and ground water, noise pollution, thermal pollution, and medical solid wastes at petroleum industry sites and it is against this background that this study seeks to examine sanctions for breach of environmental laws in the Nigerian petroleum subsector: a comparative study of  Nigeria and Sudan. 

A RESEARCH PROPOSAL

A RESEARCH PROPOSAL

ON

THE IMPACT OF SOCIAL MEDIA ON NATIONAL SECURITY

INTRODUCTION

Background to the Study

The spread of social media, driven by internet boom and mobile technology is changing the way

society operates (Albert, 2006).  Today, social media tools have become a staple in everyday lives of many people becoming one of the main methods of social connection and interaction around the world, whether between individuals, or with businesses and governments.

The growth of Web 2.0, its expanding global reach and potential new technologies to further its use and adoption argue that today’s social networking is a change in the form of human communication that cannot be ignored (Berkman,  & Shumway,2003). Online social networks have impacted every field of human endeavor from education to health care and many more and National security is no exception.

Due to globalization, focus has now shifted to assessing the effects of non-state actors. The advancement in social media has increased the ability of non-state actors including terrorists, criminals, protestors, hate mongers and rioters to impact national and international security. Power is constantly shifting and diluting from states to groups and individuals (Clay, 2008).

Since Social Media are extremely quickly evolving and are facing a many-sided interaction with geo-economic and socio-cultural elements, it is important to constantly monitor how they develop, analyze how they work, and measure their potentialities. This process aims at making the states not to be caught by surprise in case of a potential offensive use of Social Media by adversaries and at changing such innovative tools into resources of primary importance, to be

ready for all the bodies involved in the protection of the national security.

With the recent growth of social media in the past 2 deacdes as a new staple in our modern culture, social media has also emerged as a growing threat to national security. As the Internet and social media are constantly growing and changing, national security has lagged behind.