Developing a Legal Framework for the Integration of Solar and Wind Energy as a Source of Power in Nigeria

Olutola Oyewole Aina PhD

Abstract

The article adopted a doctrinal method and comparative legal research. Comparative research was done on the laws of Kenya and the United Kingdom to examine the level of wind and solar energy integration in those countries including the legal structures supporting them. The diffusion of innovation theory and the choice awareness theory guided this study. The choice awareness theory was employed to consider the extant laws of other jurisdictions to propose innovative laws that will promote radical wind and solar energy technologies for wind and solar energy integration in Nigeria. Findings in this article revealed that insufficient and incoherent laws, policies, and lack of grid capacity for wind and solar energy integration greatly impaired their development in Nigeria. The current legal structure on electricity cannot sustain the integration of wind and solar energy and it has proven unreliable over the years. This is more evident in the incessant and frequent collapse of the national grid in Nigeria. An integration of wind and solar energy through a viable legal structure will boost the generation, transmission, and distribution of renewable electricity from wind and solar energy sources. The article demonstrated that wind and solar energy sources have been regulated in other jurisdictions and can also be regulated in Nigeria. It was recommended that in the immediate plan, the Electricity Act 2023 should be improved upon to provide further regulation for the integration of wind and solar energy sources into the energy mix in Nigeria. It was also recommended in the study that the proposed act for the integration of wind and solar energy into the energy mix in Nigeria should be passed into law. 

Keywords: Wind and Solar Energy, Integration, Renewable Electricity, Jurisdiction, Coherent Legal Structure. 

The Legal Framework for Environmental Protection and Related issues in Nigeria: Challenges and Prospects

Salma Aliyu Dutse

Abstract

This research work undertook a comprehensive analysis of the meaning of environment, environmental rights, environmental protection, and environmental law. It also considered the constitutional basis for environmental protection. It further examined the background basis for a critical and cautiously driven environmental protection in Nigeria. More importantly, the paper critically appraised legal frameworks for environmental protection in Nigeria. 

The research methodology used in the course of this research was doctrinal wherein primary and secondary sources of information were examined, analyzed and utilized in achieving the objectives of this research. The primary sources of information include statutes and judicial authorities. The secondary sources of information include books, journals/articles, newspaper publications and internet materials. All materials used herein were subject to content analysis. In the course of this research work, it was discovered that certain impediments make the implementation of environmental law impracticable which include attitude of court, locus standi and other jurisdictional issues. Therefore, it was recommended that a lot sensitization is needed in the area of environmental protection. More also, it was recommended that judges should be more proactive in handling environmental protection cases, so as to encourage the growth of environmental law protection in Nigeria. Hence, it is believed that if the above could be achieved, there would be a lot of improvement in the enforcement of environmental right in Nigeria. It is important to note that all hands must be on the deck for saner environment. 

Keywords: Environmental law, Attitude of court, Environmental rights, Environmental protection 

Appraisal of the Principle of Duty of Care under Medical Negligence in a Technology-Driven Context 

Rekiya N. Attah, Professor I.O Agbede, Olubukola Olugasa

Abstract

This study employed doctrinal research method. This consists of a library- based review of relevant primary and secondary sources of law, as well as existing literature on medical negligence. The rationale for this approach is to provide a comprehensive analysis of the duty of care required of medical practitioners, where technological advancements are reshaping traditional medical practices. It involved the examination of statutory provisions and case law on the subject matter as well as doctrines and principles propounded by other researchers. Findings from this study reveals that while technology has the potential to enhance patient care, it also creates new risks, which require a nuanced approach to duty of care. The study concluded with recommendations for policy and legal reforms, aimed at ensuring that healthcare professionals remain accountable for their actions, even in an increasing automated and digitized healthcare landscape.

Keywords: Duty of Care, Legal framework, Medical Negligence, Technology

The Challenges of Online Contract of Sale of Goods and Its Malady 

Monye Christabel, Dorcas A Odunaike, Veronica Ekundayo 

Abstract

Online contract of sale of goods as an integral part of e-commerce has transformed the way businesses operate in recent years, providing a platform for companies to sell their products and services online. Despite the many advantages of online contracts for the sale of goods, there are also many challenges that exist in the form of data breach, infrastructural challenges, and cybercrime. These challenges must be addressed to ensure the success of online businesses. The study considered the challenges and problems that are inherent in online contracts of sale of goods. The study further examines the challenges faced by sellers and consumers in online contracts of sale, including security concerns, competition. The study adopted doctrinal methodology, which allowed the author to focus on the written law. Primary and secondary sources of law were largely researched into to appraise the likely challenges that are inherent in online contracts of sale of goods. The study discovered among other things, that there are incidences of fraud, which is a cybercrime, data breach, and jurisdictional issues in online contracts of sale of goods. This study concluded by stating that online contract of sale of goods is a rapidly evolving sector with opportunities as well as obstacles. Customer service, online security, and product quality are some of the issues with online contracts of sale of goods that can have a detrimental effect on consumer loyalty and behavior. 

Keywords: Contract of sale, e-commerce, Online contract, Data protection 

Resolution of International Investment Disputes in Nigeria: Arbitration as an Option  

Frederick Olusegun Bolaji, Bankole Sodipo, Veronica Ekundayo 

Abstract

This study examines Nigeria's options for settling international investment disputes. The study employed the doctrinal legal research methodology, a black letter methodology, focused on the letter of the law rather than the law in action. With this method, the researcher composed a descriptive and detailed analysis of legal rules found in primary sources. Primary and Secondary sources of data were used for this study. The primary sources include case law and legislation such as treaties like ICSID. The secondary sources include books, articles, and website and blogs. The study revealed that international investment is a viable option for countries, especially developing countries such as Nigeria, to advance economic prosperity through case injection from options like Foreign Direct Investment. Likewise, the study established that international investment disputes can be resolved through international investment arbitration which is an alternative dispute resolution mechanism where parties are given the opportunity to resolve their investment disputes amicably. This study comes to the conclusion that foreign investment is a practical way for developing nations like Nigeria to grow their economies and achieve prosperity for their citizens. However, given the pervasive inequity that the local legal system presents, an alternative platform like ICSID was required to handle the special requirements of foreign investments and foreign investors. In order to settle international investment arbitration issues in Nigeria, the report suggests that an international investment arbitration Act be passed. 

Keywords: Arbitration, International investment, Investment dispute, dispute resolution. 

Trade Secrets, Corporate Espionage and the Need for Legislation in Nigeria

Nnaemeka Emma Chikezie 

Abstract

 In the hyper competitive world of modern-day capitalism, many competing firms within the same market space, have as one of their key objectives and goals, the unconsented acquisition of these secrets of rival firms with the purpose of attracting their customers towards them; whole units of companies are dedicated to this task. This practice, referred to as corporate espionage is illegal in most countries and considered unethical by the business public. This study set out to highlight in detail this dangerous and pervasive phenomenon which threatens the basis of the free enterprise system. Emphasis is placed on measures which have been taken by select states of the globe to mitigate and curb the menace using both the criminal and civil approaches while noting the gross absence of any similar legislation in Nigeria which threatens the nascent and burgeoning commercial sector in the country, most especially the technology space. An exposition is carried out on the issues currently and potentially affecting the enforcement of rights to trade secrets in Nigeria. The paper concluded by recommending the urgent enactment of sui generis legislation protecting trade secrets while penalizing corporate espionage in order to discourage the disruption of commerce in Nigeria from both local and foreign agents. Recommendations were also made as to reforms to be made to better enforce trade secrets and prevent violations especially as the Nigerian economy is becoming more integrated into the global system. 

Keywords: Trade secrets, Corporate espionage, Companies, Firm 

Legal Framework and Mechanisms for Human Rights Non-Governmental Organizations in South Africa and Tanzania: Lessons for Nigeria    

FA Adekeye

Abstract

This article intends to assess how the legal environment of these countries influences NGO freedom, efficiency, and viability. It also involves a comparison of legal requirements of human rights NGOs in Nigeria, South Africa, and Tanzania. The legal regime within the South African model remains highly favourable for NGOs due to the ensured high degree of their independence and protection from authorities’ direct interference with their operations. On the other hand, Tanzania exercises more state power with recurrent registration and funding reports that render the NGOs less autonomous. On this note, this article further analyses the differences in order to state lessons for Nigeria. It recommends that Nigeria may derive benefits from reforms that stem from the South Africa and Tanzania, including the deregulation of activities that hitherto had profound restrictive provisions and guarantees the regulations protecting the activities of NGOs. Thus, Nigeria might improve the legal setting and secure NGOs a possibility to develop further human rights and accountability. In this comparative context, this work stresses the need for a reasonable degree of regulatory balance that will ensure that NGOs in Nigeria can operate with more or less autonomy to effectively advance human rights causes. This article intends to build on current existing literature while seeking to add to knowledge. 

Keywords: Human rights, NGOs, Nigeria, South Africa, Tanzania, legislation, regulation 

Corporate Sustainability: A Strategy to Drive Business Performance   

Chetachukwu Nwabuike, Dr Sophia O Abiri-Franklin, Chisom F. Onuoha, Elisabeta S. Olarinde    

Abstract

Sustainability has continued to draw the attention of corporate executives as there is now a general consensus that if humans and corporate organisations continue to use the world’s resources in the way it is currently used today, that there will be no planet to leave for coming generations. The economic aspect of corporate sustainability focuses not only on ensuring the company remains profitable, but also that its activities do not cause social or environmental problems that could impact the success of the enterprise in the long-term. Given the increasing importance of corporate sustainability in many organizations, businesses now more than ever need to better understand corporate sustainability and how it can enhance business performance. The paper reveals that the adoption of corporate sustainability as a business strategy has continued to increase, leading to more companies integrating sustainable practices into their business operations and attracting funding from socially responsible investors. 

Keywords: Business Performance, Business Strategy, Corporate Governance, Corporate Sustainability. 

Whither Central Bank Digital Currency (CBDCs) in Nigeria

Mariam O Egunjobi, Olubukola Olugasa, Lucky O. Ikuvwerha, Olalekan Moyosore Lalude

Abstract

The foray of technology into the financial sector, which birthed digital banking, has disrupted the regular currency model under the supervision of central banks. Of most significant concern in this paper is the challenge of currency sovereignty by private or decentralized currencies like cryptocurrency. In reaction, central banks have been pushed to catch up otherwise become irrelevant and lose the defence of legal tender. The result of the reaction is central bank digital currency (CBDC). In the Nigerian case, the first reaction was to ban crypto subscription by citizens, and then the drive towards CBDC. The Nigerian version of CBDC is the eNaira. This commentary explores the compliance requirements crucial for digital banking operations, particularly Anti-Money Laundering (AML) and Know Your Customer (KYC) protocols, alongside data security practices that safeguard financial systems. The integration of CBDCs into national economies requires more stringent regulatory and infrastructural support. It concludes with suggestions for regulators and stakeholders to bolster innovation while ensuring the security and integrity of digital financial systems.

Keywords: Digital Banking, CBDC, Compliance, AML, KYC, Data Security, Digital Payment Systems, Financial Regulations, Financial Inclusion