Papers by Dr Augustine E Arimoro
Over the years, shortage of funds has resulted in a huge deficit in government budgets for infras... more Over the years, shortage of funds has resulted in a huge deficit in government budgets for infrastructure, especially in sub-Saharan Africa. Due to the huge costs involved in infrastructure procurement in relation to other competing demands on government spending, it is no longer feasible for governments to bear the entire burden of infrastructural development. This is especially the case in Nigeria, where annual infrastructure deficit is estimated at a massive $8 billion. Moreover, public officials have demonstrated incompetence in making public corporations profitable. Accordingly, Nigeria has adopted the public-private partnership model of infrastructure procurement to allow for the participation of the private sector in the design, funding, construction, management, and operation of public infrastructure. However, Nigeria's legal framework for managing public-private partnership is not clearly defined, leading to gaps in policy and overlapping laws that make implementation of PPP very difficult. Unsurprisingly, public-private partnership in Nigeria have, thus far, produced mixed results, thereby raising a need for clear policy guidelines on streamlining overlapping laws to attract, sustain and reward investor interest. In what ways do Nigeria's legal and policy framework for public-private partnership protect private investors' funds? This study examines the concept of PPP and its practice in Nigeria, arguing that the regulatory framework be designed or enhanced to protect investors' assets in public-private partnership projects and ensure they achieve proportional return on investments. Beyond the problem of overlapping laws, the study finds that political interference, weak institutional mechanisms and poor respect for the rule of law and sanctity of contract underlie the ineffectiveness of public-private partnership in Nigeria. Drawing from the public-private partnership experience in South Africa, it recommends holistic strategies for protecting investors' assets and unlocking the local financial market for sourcing project funding. These strategies are notably the provision of guarantees, making the process less cumbersome, provision of incentives for investors and project companies and ensuring that the host community for public-private partnership projects are involved in the process from inception to operation to get their support.
Global Perspectives on the LGBT Community and Non-Discrimination
The argument in support of the rights of sexual minorities in sub-Saharan Africa should be second... more The argument in support of the rights of sexual minorities in sub-Saharan Africa should be secondary to the argument for the decriminalization of consensual same-sex intimacy. So long as sexual minorities are classed as criminals and deviants, it might be difficult to champion sexual minority rights as a human right. This chapter adopts an approach that queries the criminalization of same-sex sexual conduct among consenting adults in private. The chapter discusses crime from the perspective of the criminal law theories of harm, morality, and paternalism. It is argued in the chapter that because states determine what rights are guaranteed within their jurisdiction, if states can rethink what conduct of behavior should be criminalized, then states might guarantee sexual minority rights as human rights. The chapter recommends repealing laws criminalizing consensual same-sex sexual conduct among adults in the states in sub-Saharan Africa.
Routledge eBooks, Oct 29, 2020
Routledge eBooks, Oct 29, 2020
International Journal of Law, 2015
Considering that governments around the world in contemporary times are partnering with the priva... more Considering that governments around the world in contemporary times are partnering with the private sector for the provision of infrastructure, it is imperative to consider the role community stakeholders play in the success or failure of public-private partnership (PPP) projects.This paper examines the role of community stakeholders in PPP arrangements and execution using the Lekki-Epe Concession Toll Road in Lagos, Nigeria as a case study. The Paper considers that there was poor involvement of community stakeholders in the conception stage, which constituted a serious factor that led to the failure of the arrangement.The paper recommends the involvement of community leaders, religious leaders, women leaders as well as the media to ensure the success of PPP projects.
European procurement & public private partnership law review, 2018
Huge infrastructure deficits in many countries in the face of budget deficits as well as the need... more Huge infrastructure deficits in many countries in the face of budget deficits as well as the need to tap into private sector capital and management expertise are the main reasons why governments across the world adopt the public-private partnership (PPP) model of infrastructure procurement. The first structured PPP arrangement in South Africa dates to 1997 and since then, South Africa has maintained a leading position in PPP administration and regulation in sub-Saharan Africa.<br><br>Comparatively, South Africa has had a much better experience regulating and managing PPPs than any other country in sub-Saharan Africa including Nigeria. There is a great deal of lessons to be learnt from the management and regulation of PPP in South Africa to help fashion a favourable environment for use of the PPP model of infrastructure procurement in Nigeria.<br><br>In this paper, the author posits that Nigeria can borrow of leaf from South Africa to structure a unique PPP framework that will suit Nigeria’s socio-political environment.<br>
Journal of Sustainable Development Law and Policy, May 24, 2022
Routledge eBooks, Oct 29, 2020
Routledge eBooks, Oct 29, 2020
International Journal of Clinical Legal Education, May 13, 2019
Clinical Legal Education provides an opportunity for Law Students to, while learning, offer free ... more Clinical Legal Education provides an opportunity for Law Students to, while learning, offer free legal services to the indigent community around where a law faculty is located. It is not enough to set up a law clinic without determining first of all, what role the clinic is to perform and secondly, how the clinic will aid students' learning. To have a successful clinic, it is imperative that it is well-planned with a structure to allow for funding, effective running and one that arouses student enthusiasm. The faculties of law in Nigeria have recognised that establishing law clinics will aid to achieve the vision of producing efficient lawyers who will be ready for practice soon after graduating from school. This article identifies the need to imbibe the right skills to aid student participation in law clinic activities and provides a guide to aid law faculties who wish to set up clinics or assist those already operating to realise their full potential. The article recommends the inclusion of law clinic module as one that all students must pass before graduating even though grades should not count to determine the overall Culminative Grade Point Average (CGPA) of a student.
IGI Global eBooks, 2022
To the Nigerian state, consensual sexual activity among persons of the same sex is against the or... more To the Nigerian state, consensual sexual activity among persons of the same sex is against the order of nature and must be punished as a crime. On the other hand, to persons who engage in sexual activity with persons of the same gender and to rights&amp;#39; activists, the act is a right, like any other, which should be respected and protected. This chapter examines the cultural issues, the human rights angle, and the future of the criminalization of same-sex sexual conduct conundrum in Nigeria. Using the doctrinal method of legal research methodology, the chapter reviews laws criminalizing homosexuality in Nigeria in juxtaposition with human rights provisions both in the international and domestic context in search of a solution to the problem. Accordingly, it is recommended that while the law should protect cultural values, human rights are sacrosanct and must not be sacrificed.
As countries across the globe are confronted with the cost intensive nature of building, upgradin... more As countries across the globe are confronted with the cost intensive nature of building, upgrading and maintaining public infrastructure, they turn to non-traditional approaches to funding infrastructural development, in an environment of budget deficits and other constraints. Competing demands for state funds make it imperative for the state to seek alternative sources of financing for public projects. One way of addressing this need is through project partnerships between the public sector and the private sector. The infrastructure gap in many African countries is much wider than what the government infrastructure budget can address. In the case of Nigeria, the government has accepted that private funding and involvement in the development of public infrastructure is essential for the economy to thrive. Consequently, the country announced a public-private partnership policy in 2005. However, policy no matter how well researched and drafted requires the force of law if it is to be implemented effectively. Thus, the Nigerian legislature passed the Infrastructure Concession and Regulatory Commission Act 2005 to provide a frame work for the participation of private entities in the funding of infrastructure in the country. This paper examines the role the law has played thus far in structuring a partnership between the public sector and the private sector in the delivery of public infrastructure. The paper notes that as is, the law promotes the participation of both foreign and local investors in infrastructure procurement in the country. In practice however, only high net worth individuals and institutions are involved in funding PPPs. The argument of the paper is that mutual funds, by way of unit trust schemes, should be encouraged by law to pool funds in smaller thresholds from low to middle income earners in infrastructure funds. This would in turn give smaller investors ownership opportunity in those assets. The market in Nigeria is quite large and schemes that target the lower end of the market would achieve two objectives: firstly, greater acceptance of the policy and secondly, the benefit of returns on investment.
IGI Global eBooks, 2021
After several years of appeals for the protection of persons with disabilities from discriminatio... more After several years of appeals for the protection of persons with disabilities from discrimination in Nigeria, the federal government of Nigeria in early 2019 passed into law the Discrimination against Persons with Disabilities (Prohibition) Act 2018. While this is considered a welcome development, it remains to be ascertained whether the government has the political will to implement the act. This chapter examines the provisions of the Anti-Disability Disability Discrimination Law in Nigeria. The aim here is to consider how the law can be employed to better the lives of persons with disabilities in areas including but not limited to access to justice, employment, healthcare, education, and transportation. The methodology adopted for the study is a doctrinal review of the law and literature on disability rights, the plight of persons with disabilities, and the effect of the recently passed Act of 2018. The chapter concludes with recommendations.
Social Science Research Network, 2018
Social Science Research Network, Sep 16, 2020
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Papers by Dr Augustine E Arimoro
This book examines the role of law in the adoption, implementation and regulation of Public-Private Partnership in selected developing economies including Brazil, India, Nigeria and South Africa to address how to deal with overlapping laws and how the law can protect assets invested in PPP in order to attract private sector interests in infrastructure financing in developing market, showing how law can be used to create, sustain and promote PPP frameworks that take into account local circumstances in developing economies.