External Non-Adjudicatory Mechanisms and Trade Disputes Settlement in Nigerian Oil and Gas Industry (2005-2018) (Published)
This study investigated the efficiency of external non-adjudicatory mechanisms (mediation, conciliation and arbitration) setting trade disputes in oil and gas industry in Nigeria from 2005 to 2018. The study was guided by three research objectives. In order to achieve these objectives, the study adopted the survey research design that involved a combination of in-depth interview and interpretation of existing data from the records of The Ministry of Labour and Employment. The population universe were NUPENG and PENGASSAN officials, but the sample was drawn from the officials of five selected oil and gas companies in Nigeria using purposive sampling technique. Fourteen (14) officials were drawn from NUPENG and sixteen (16) officials were drawn from PENGASSAN for the purpose of the interview. Content analysis was adopted in analyzing the responses to the interview questions, while tables, frequencies and percentages were used to analyze data from the records of The Ministry of Labour and Employment. It was found that Mediation was efficient in settling trade dispute in the oil and gas industry but it experienced low usage (10.94%); conciliation enjoyed the highest usage (57.81%), but was not very efficient; and industrial arbitration panel has not been efficient in settling disputes referred to it. Thus, the study concluded that the overall performance of these non-adjudicatory mechanisms in settling trade dispute in the oil and gas industry has not met the expectation of the stake-holders in terms of efficiency. Therefore, it was recommended that mediation should be adopted more frequently in settling trade dispute; the statutory period for conciliation and arbitration should be extended.
Keywords: Arbitration, Mediation, Settlement, Trade Dispute, conciliation, oil and ga industry
HOUSING THE URBAN POOR IN NIGERIA THROUGH COMMUNITY PARTICIPATION USING LESSONS FROM NAIROBI KENYA (Published)
Migration of people to urban areas from the rural areas usually comes with its challenges in terms of infrastructural requirement and housing to cater for growing population. One of the challenges for the urban dwellers in Nigeria is that of adequate housing. The inability of the government to meet this demand has seen the people concerned seeking alternative solutions to housing need. The resulting settlements are usually unplanned hence becoming a challenge for government to manage in terms of providing infrastructure facilities. With the growing incidence of global warming and the attendant increase in flooding in most urban areas of Nigeria, especially between year 2000 and 2013, the safety of the people who live in slums have become a concern to the state governments due to issues of flooding and collapsed buildings. Government usually evicts such people and clear the settlement; however the people simply relocate to another area. The aim of this paper is to examine how community participation can be used to provide housing for the urban poor based on their living requirement, drawing from the experience of selected case studies from Kenya. The research method adopted for the study is a qualitative research method using case studies of selected communities in Kenya and selected communities in Nigeria. A comparative analysis is drawn with these communities. The research concludes by proposing how community participation process should be incorporated into provision of housing for the urban poor
Keywords: Community Participation, Housing, Infrastructure, Settlement, urban poor
Models of the Settlement Effort for Communal Conflicts (In Ketara Village, Central Lombok Regency and Ngali Village vs Renda Village, Bima Regency) West Nusa Tenggara Province (Review Completed - Accepted)
The research is focused on a model of settlement effort for communal conflict in Ketara Village, Central Lombok Regency where there is a conflict between Dayeng Rurung block and Bagek Dewa block known as the three-day war. There were six conflicts since 2007 until 2009 and the peak of the conflict happened on September 26, 2009 in which 6 people were killed. On the other hand, the communal conflict between Ngali Village and Renda Village consisted of four stages. The first stage happened 1909-1911 caused by the revenge as an impact of the war between the Ngali against the Dutch in which the village was burned down after the Dutch defeated them. The second stage was known as “Ndempa” (Mbojo language or Bima) involving the Ngali Village against the neighboring Renda Village, Baralau Village and Sakuru Village of Bima Regency from 1911 until 1970. The third stage happened from 1971 until 1991 involving the youths carrying sharps. The fourth stage happened since 1991 until 2009. It is the fourth stage chosen as the focus of the research because it is the biggest one and involves the use of organic weapons. The legal issues are why communal conflict happens and how the effective model of settlement shall be realized in the future.
The model of settlement effort for communal conflict in forms of penal and non-penal efforts that can guarantee legal certainty and justice is the ideal of the community. Indonesia embraces civil law system obliging detailed elaboration of the articles for dealing with communal conflict and the law enforcement official can use the Criminal Code (KUHP) Article 358 KUHP, Article 170, 351, 55, 338-340, and Code of Criminal Procedure and the Law No. 2 Year 2002 on the National police, especially article 18 regulating Police Discretion.
Keywords: Communal Conflict, Effort, Model, Settlement
