Olubor Uyi Esq.

L'AFRIQUE ET L'EXIGENCE DE LA RESPECT DE LA DÉMOCRATIE ~ (Olubor Uyi maitre.) ll y a trois jours la Communauté Economique des États de l'Afrique de l'Ouest (CEDAO) a suspendu la  république de guinée de son organisation apres le président démocratique a été renversé.  Cet décision attire beaucoup de conversation autour de la légalité de suspendre un membre de CEDAO. Avant, quand la CEDAO prenait des decisions comme ça, les gens le critiquaient de se  mettre à l'affaire des pays souverain.  Toutefois, selon les loi internationaux quand un pays a signé un traité, il est obligé de le respecter. Les pays CEDAO en 2001 se sont accordé sur la Protocole sur la Democratie et la Bonne Gouvernance. Article 1b de cette loi prévu que toute accession au pouvoir doit se faire à travers des élections libres et transparentes. Article 1c interdit tout changement anti-constitutionnel. Et finalement article 1e prévu que l'armée est apolitique et se soumise à l' autorité politi...

THE PETROLEUM INDUSTRY ACT, DRIVING PETROLEUM INDUSTRY DEVELOPMENT THROUGH SUSTAINABLE PEACE IN HOST COMMUNITIES (the second series) ~ by Olubor Uyi Esq. Over the years, a major impediment to the successful development of the oil and gas industry is the incessant friction between host communities and oil producing companies. This restiveness in the oil producing areas has always been attributed to economic and infrastructural neglect suffered by most host communities. Even though they are made to suffer huge ecological degradation to ensure the sustainable economic viability of the country. Thus, when the Petroleum Industry Act (PIA) was being debated, a lot of consideration was given to ameliorate the hardship faced by host communities, in order to ensure a harmonious working relationship with the oil producing companies. Which would invariably rub off on the peace and economic stability of the country.  In ensuring the realization of this objective. Section 115 of the PIA re-enac...

THE PETROLEUM INDUSTRY ACT (PIA), A VEHICLE FOR THE REVOLUTION OF THE PETROLEUM INDUSTRY (the first series)~  by Olubor Uyi Esq. For the best part of the last two decades. The Nigerian Legislature has tried effortlessly to revitalize the Petroleum industry by trying to pass the Petroleum Industry Bill (PIB). However, this bill has continually been hindered, either due to legislative filibustering or constitutional impediments on passing of Legislative bills. However, this year the National Assembly passed the PIB which was finally assented by the President. The PIA aims at promoting transparency, good governance and accountability in the administration of petroleum resources in Nigeria. This is one major reason the National Assembly via the PIA decided to unbundle the Nigeria National Petroleum Commission (NNPC) into the Upstream commission which will be responsible for the governance of the upstream Operations and the Midstream and Downstream Authority who would oversee the midstr...

RE-INJECTION OF LOOTED AND REPATRIATED FUNDS: INTERNATIONAL TREATIES VS DOMESTIC LAWS Since Nigeria's return to independence, one issue that has been a recurring decimal is the frequent discovery of looted funds stashed away in offshore accounts by political leaders. The repatriation and utilisation of these funds has always been a serious issue of debate. As most often than not, the repatriating entity during negotiations would always insist on a clause that the funds should be applied on a specific project to ensure transparency and also ensure that the repatriated funds can be monitored in order for it not to be re-looted. Over the years, the Federal Government of Nigeria has entered into these kind of arrangements with repatriating countries. However, these clauses has caused a lot of problems, especially between the Federal Government of Nigeria and its federating units. Some weeks ago, the 36 Attorney-Generals of the federating units brought the Federal Government before the ...

THE RIGHT OF NIGERIAN CITIZENS  TO QUIT THE CORPORATE UNION Following the arrest of Chief Sunday Igboho (the leader of the Yoruba Nation movement) in the République of Bénin and the arrest and continuation of the trial of Mazi Nnamdi Kanu (the leader of of IPOB), an existential discourse as being thrown into the public. Do the citizens of Nigeria have a right to determine their continuous involvement in the corporate existence of the Federal Republic of Nigeria. Many lawyers have sighted article 20 of the African Charter on Human and Peoples' Right ACHPR, claiming it bestows the right on citizens of Nigeria to seek for self-determination. Now, let us analyze the various extant laws that deal with the corporate existence of Nigeria and possible consequences for trying to balkanize it. First of all, let's take a look at the ACHPR. The ACHPR, in its  aboriginal state it's an international treaty, which ordinarily by operation of section 12 of the 1999 Constitution should not b...

DISPUTE OVER THE RETURN OF THE LOOTED BENIN ARTIFACTS; MUCH ADO ABOUT NOTHING ? About one hundred and fourteen years ago. The beautiful and sacred Benin Empire was desecrated after European Invaders had come in to destroy and loot this beautiful kingdom. During their invasion Its citizens were killed, its Oba was deposed and cultural artifacts which bared a significant spiritual and historical connection to its land were carted away and many of them disposed of to compensate the Invaders for the cost of their inglorious invasion and rape of this beautiful kingdom. For over 100 years, the kingdom and its citizens have not acquiesced their rights for the return of their cultural entitlements. A lot of advocacy both at the local and international level for the restitution of the looted artifacts. Alas, in recent times there have indications that the holders of these artifacts have heeded to the voice of reasoning and have decided to return these artistic works to their spiritual homes. Ho...

THE LEGAL CAPACITY OF FOOTBALL FEDERATION'S TO WITHHOLD INTERNATIONAL TRANSFER CERTIFICATES (by Olubor Uyi) Some couple of days ago, the President of the Nigerian Football Federation (NFF), while admonishing home-based players called up to battle the Mexican 'A' team. In his address, he stated that players who have been called up would not be allowed to relocate to mushroom leagues. And that the Football Federation would go the extra length in ensuring that it does not issue International Transfer Certificates to release players to play in these leagues. Now, the question is to what extent can a Football Federation dictate the career path of a footballer? In addition, can a Federation subject the release of an International Transfer Certificate (ITC) to its whims and caprices? In answering the first question, whether a Football Federation can dictate a career path to a footballer? The answer is no. As a football Federation does not stand as an employer to players flying the...