LEGAL ANALYSIS

Host Communities in oil and gas producing communities in Nigeria have enjoyed very little recognition and legal relevance in the Nigerian Petroleum Industry. This situation has its root partly in inadequate laws on the one hand and the internal wrangling and conflicts that have been ranging among the various identifiable stakeholder groups within the superstructure of the host communities. Against the background of the observed disparity in the socio-economic rights of host communities who should be properly and justly recognized and compensated in oil and gas producing agreements which peripherally recognize them, this study sought to gauge the efficacy of the provisions for such communities in oil producing agreements and thus to provide a legal resolution of the conflict of interest within the host communities. Particularly, the study sought to determine the role and obligations of all stakeholders in oil and gas producing communities, with a bias to host communities, for a peaceful oil and gas operating environment. The study utilized the doctrinal and library-based research methodology and found among other things that the various efforts and attempts by groups advocating community ownership of natural resources are particularly aimed at addressing the socio-economic imbalance, injustice, marginalization, oppression and exploitation of host communities in the oil and gas producing areas in the Niger Delta region. Also that the current legal regime has failed to lay a legislative background to protect the socio-economic interests of local and indigenous stakeholders. In addition, that the absence or near lack of categorical legal pronouncement concerning the respective interests subsumed in oil and gas producing agreements in respect of host communities has left a vacuum and lacuna in the host communities stakeholders question, thus making the use of the term "host communities" susceptible to ruinous arrogation, abuse, oppression, marginalization, power struggle, conflict of interest and political betrayal and subjugation. On the basis of the findings made, the study recommends among other things that going forward, Impact Benefit Agreements (IBAs) should cover issues relating to employment, environmental protection, land use and reclamation, local business development and infrastructural development. Such an arrangement would not only bring about peaceful resources development between the oil companies and the indigenous stakeholders, it will also boost government’s image internationally, because it reflects a strategic balance among interests of the three key stakeholders. Moreover, negotiation should involve all stakeholders and should be based on mutual respect, compromises, authentic goodwill and be fair or equitable. Finally, that an Oil and Gas Host Communities Management Commission should be set up for the specific management and development of the oil and gas host communities in Nigeria. The Commission will, among other issues, ensure that appropriate sharing formula is put in place to determine the percentage or amount that should accrue to the various stakeholders based on the production quantum of oil and gas produced or extracted from their land. x

This research study examines the legal framework governing the juvenile justice system which involves the trial and sentencing practices. It focuses on the comparison between the rehabilitation approach and the punishment approach to the juvenile justice, as well as its impact on young offenders and other children. It further examines whether the modern juvenile trial and sentencing practices tilts towards the rehabilitation approach to juvenile delinquency or not. The juvenile justice system seeks to protect, rehabilitate, and properly reintegrate young offenders into the society. This system includes all operating units- law enforcement, juvenile courts, and correctional centers, operating under specific laws and procedures that have been designed specifically for minors. The system is primarily governed by the Child Rights Act 2003 and also regulated by the Children and Young Persons Act in Nigeria. An overview of the juvenile justice system forms the foundation of the research study as a result of its necessity to the second ambit of the topic- ‘A Legal Analysis of Juvenile Trial and Sentencing Practices’. However, the body of this research study tends to focus more on the comparison between rehabilitation and punishment as well as the impact it has on young offenders and other children, which is particularly the composition of the first ambit of the topic. Accordingly, the work recommends for an enhanced implementation of the rehabilitative approach which obviously will not be beneficial only to the offender but to the society at large.