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Antitrust Legislation and Consumer Right of Access to Justice in the Electric Power Sector in Nigeria
C. C. Obi-Ochiabutor, E. L. Okiche, Chukwunweike A. Ogbuabor, S. I. Nwatu, D. U. Ajah and C. N. Iyidobi 5
Regulations under Nigeria’s Power Sector Reform Act, 2005 accord successor-companies to the former Power Holding Company of Nigeria (PHCN) statutory pre-action protocols which are in the nature of conditions precedent to access to court in the event of disputes. It confers on the companies litigation immunities and privileges formerly accorded to the old governmental monopoly. These pre-action protocols have constituted considerable obstacle and hiccups for Nigerian consumers of electricity in having access to justice in disputes against the power companies. The Court of Appeal has given these regulations imprimatur. The purpose of this paper is to critically examine the legal validity of these regulations in the light of the country’s first comprehensive antitrust legislation - the Federal Competition and Consumer Protection Act, 2018 (FCCPA). The paper adopts the doctrinal exploratory and analytical research design using desktop research method. The paper finds that the regulations are unlawful and perpetuates injustice, and therefore, ought to be revisited urgently. The paper concludes that the Court of Appeal ought to be overruled by the Supreme Court urgently so as to provide a level playing ground for both consumers and corporations providing electricity in the country in the event of a litigation.
The right of the child to education, which is protected by various national and international instruments, is being increasingly violated in the northern region of Nigeria. Insurgency, armed banditry, kidnapping, hostage-taking, and demand for ransom which are targeted at institutions of learning, have displaced many children and forced the closure of a sizeable number of schools at various levels in that region. Families are compelled by the persisting and real fear of violence and death to withdraw their children from schools. The paper explores the effect of violence targeted at schools in the northern region of Nigeria on the right to education and argues that the Nigerian Government’s failure to guarantee the safety of the children and institutions of learning in the region constitutes a non-fulfilment of the Government’s enforceable obligation to protect the children’s right to education.
Recognition as well as proper management and use of property and funds of trade unions are two basic facets towards achieving trade union objectives. The International and domestic labour instruments not only mandate employers to recognise trade unions that have met all requirements but also require trade union officials to ensure effective use of property and funds of trade unions. Of late however, there have been a number of reported cases in which some employers arbitrarily decline to recognise trade unions. Similarly, trade union trustees have in several instances been accused of misuse of property and funds under their custody. This therefore raises the question as to whether the existing constitutional and legal framework is ineffective in governing matters relating to recognition, property and funds of trade unions in Kenya and Uganda. With the aid of judicial pronouncements, this article therefore examines the recent developments along with constitutional and legal framework governing recognition of trade unions as well as property and funds of trade unions both in Kenya and Uganda. The article concludes by proposing measures to be undertaken to ensure both employers and employees effectively perform their mandate in regard to the two selected areas of study.
Following the local government elections that took place on the 5th of December 2000. The local government sphere has evolved a great deal in South Africa both in terms of how it is structured and the legislation that governs it. Municipalities, particularly the metropolitan municipalities have shown great interest in growing their local economies, job creation, the tourism sector, infrastructure, technology, sport, art, and culture to name a few. These sectors not only need local interactions but also in a more tangible way require an international interaction in terms of comparisons and partnerships. The foreign policy direction in South Africa is under the custody of the national government in the Department of International Relations and Cooperation. Although this does not exclude the provincial and local government spheres in engaging with their international counterparts, it does, however, require specific legislative and structural reforms and guidelines to be followed. Focusing on the role of municipal international relations (MIR) this paper provides a detailed analysis of the legislative environment in which municipalities engage in international relations, commonly known as paradiplomacy. Granted that sub-national governments in South Africa are not autonomous, it is important to ascertain the legal framework under which paradiplomacy is conducted by municipalities in South Africa.
The purpose of this paper is to provide a critical review of case law from Mauritius courts regarding the correct interpretation of section 49 of the Prevention of Corruption Act 2002 (POCA 2002) as applies to the protection of witnesses in criminal litigation. The scope, meaning and application have been, to date, subject to a certain degree of imprecision and inaccuracy, leading to the wrong understanding and application of the legal provision on the protection of witnesses under the POCA 2002. An attempt was made to clarify the scope of section 49 through three questions: (1) Does section 49 provide for a blanket immunity for an offender who becomes a witness? (2) Does it apply to informers also? (3) Is it applicable even if the disclosure was made to a person other than the board member or officer of the Independent Commission Against Corruption (ICAC)? It was found that so far, these aspects of section 49 were being wrongly applied. Section 49 does not provide for blanket immunity, applies to informers also, and the authority to which the disclosure has to be made is not restricted. This article employs the doctrinal legal research methodology, which is colloquially described as 'black-letter law' approach. It is backed up by a contextual legal analysis that is based on an analysis of relevant legal provisions. This evaluation draws heavily on legal precedents from the Supreme Court and other Mauritius judicial bodies. It is premised on these court precedents' finality, authority, and influence on the legislature to take into consideration any required amendments that the judiciary might directly or indirectly suggest.
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