Kato Gogo Kingston

• PhD in Petroleum Energy & Natural Resources Laws
• Professor of Petroleum & Energy & Natural Resources Laws at Rivers University

In the past few decades, the global debate has been gathering momentum on the subject-matter of judicial independence. Much of the contentions have revolved round the inability of nation-states to adequately create the enabling environment for the separation of powers between the executives and the Judiciary and how, the interference of the exec...

In the past few decades, the global debate has been gathering momentum on the subject-matter of judicial independence. Much of the contentions have revolved round the inability of nation-states to adequately create the enabling environment for the separation of powers between the executives and the Judiciary and how,

Financial crime in Nigeria – including money laundering – is ravaging Nigeria's economic growth. In the past few years, the Nigerian government has made efforts to tackle money laundering by enacting laws and setting up several agencies to enforce the laws. However, there are substantial loopholes in the regulatory and enforcement regimes. This art...

The power of compulsory acquisition of lands can be misused. Prejudiced processes for the coercive acquisition of land without adequate compensation for its forfeiture do diminish land occupancy security. It could and do escalate tensions between the state and residents, and decrease public trust in the government. Uncertain, capricious and pervers...

The fulcrum of this article is to evaluate the viability as well as the Gaps in Nigeria's Institutional Framework for Crude Oil Projects. We argue that there are several regulatory agencies performing identical functions in Nigeria with regards to the monitoring and control of the activities of the oil companies hence, these is the confusion of soc...

This study investigates the dynamic causal relationship between gas productions and the impotence of the gas flaring regulatory laws and policies in Nigeria. The theoretical models adopted for the study is the law and economics framework of Posner and Akaike's econometric time-series frameworks. The data for the study consisted of Nigeria's annual...

This study investigates the dynamic causal relationship between gas productions and the impotence of the gas flaring regulatory laws and policies in Nigeria. The theoretical models adopted for the study is the law and economics framework of Posner 3 and Akaike's econometric time-series frameworks. The data for the study consisted of Nigeria's annua...

The central goal of this paper is to unmask the fundamental reasons for the ineffectiveness of all the Nigerian laws that are supposed to regulate and control the oil and gas enterprises. The first part of this paper presents the game theory effects which weigh the parties' rational choices leading to perpetual losing position of the Nigerian gover...

The history of cross border and transit oil and gas pipelines suggests a tendency to cause conflict and discrepancy which do result in the interruption of output. It is inviting to link this to poor political relations between neighbor countries. The concern with transit and cross-border pipelines has a significant legal implication. The intricacie...

An in-depth understanding of the applicability and implications of the laws governing the environmental effects of oil and gas operations is vital for sufficient corporate planning, acquirement and divestiture investigations which propels sustainable decision making. This paper explored the legal issues connecting with crude oil waste generation an...

The goal of this article is to inquire and consider the viability of the management, remediation and compensation in cases of crude oil spills in Nigeria and also appraise the adequacy or otherwise of the compensation of victims of oil spillage in Nigeria. The article implored doctrinal research and collated data were qualitatively analysed. Part o...

The larger available literature on crude oil spills in Nigeria are on the causes and effects however, very few studies have concentrated on the compensation framework. It is against this background that this article seeks to conduct a critical assessment of the legal framework for oil spill compensation in Nigeria. Doctrinal research method was ado...

This paper argues that the universality of human rights relates more to the provision of such rights in various legal instruments, (domestic and international) than the practical application and enforcement of the rights. Human rights have universal application only to the extent that they are recognizable rights that every human being ought to hav...

Conventional wisdom requires that at the completion of crude oil production, the oil wells should be permanently plugged to protect the environment. Although, crude oil production has been undertaken for decades in Nigeria, there is no evidence to show that any facility has been properly decommissioned. In the United States, about three-quarter of...

This paper argues that there is a missing ingredient in contemporary international law with regards to the protection of inter-governmental agreements concerning the joint development of straddle reservoirs of crude oil and gas. In many oil and gas producing countries, the mineral reservoirs straddle the boundaries of multiple countries especially...

The bulk of legal actions within civil litigation is tied to the laws of contract and tort. However, in certain circumstances where the law fails, equity prevails. Thus, in the past few decades, litigants pursuing actions which cause arising from the negative externalities of crude oil production have mainly charted their parts in torts, human righ...

Commerce is the life-blood of a nation. In Nigeria, oil and gas are the oxygen and life-blood that runs through the arteries and veins of the country. They are the mainstay of the economy and are sine-qua-non to the national interest. It is also trite that the bulk of foreign direct investments in Nigeria are within the sphere of oil and gas. Conse...

Two altitudinal relationships propel current crude oil exploration jurisprudence and litigation namely: Surface land ownership and sub-surface rights (including mineral ownership). In the United States, the conflicts between the surface and mineral owners has theatrically increased in the last decade. Elsewhere, notably Nigeria, conflicts over land...

The object of this paper is to examine the assertion that, constructive trust is a vita legal mechanism through which the conscience of equity finds expression. When real property is acquired in such circumstances that the legal title holder may not in good conscience keep the beneficial interest, equity makes him a trustee of the property. 1 This...

This book encapsulates innovation in the oil and gas industrial sectors. Oil and gas law cover a wide range of area of law, including property law, tort law, international law, environmental law, contract law, human rights, constitutional and administrative law and all aspects of the laws relating to the acquisition of exploration and extraction li...

The goal of this paper was to conduct a critical evaluation of the Nigerian Land Use Act 1978 in relations to land ownership rights and customary land tenures with particular foci on the effects of the Act on the lands of the Ikwerre ethnic nationality and, the Anglican church. By adopting the historical and realist models of investigation, we pres...

This paper explores the rights of indigenous peoples under international law with particular focus on the rights to self-determination of the Indigenous Peoples of Biafra in Nigeria. It is common knowledge that the movement for secession by the said Biafrans have recently resurfaced in national and international discourse. This paper therefore, eva...

The United Kingdom became a member of the European Economic Community (EEC) on January 1, 1973 thus, qualified to join several other associated European institutions including the European Court of Justice. One of the key implications of subscribing to the EEC Treaty was that the EEC laws became an integral part of the United Kingdom domestic laws,...

This paper explores the rights of indigenous peoples under international law with particular focus on the rights to self-determination of the Indigenous Peoples of Biafra in Nigeria. It is common knowledge that the movement for secession by the said Biafrans have recently resurfaced in national and international discourse. This paper therefore, eva...

There should be no doubt that human activities can and do cause serious environmental problems, or that those problems, in turn, often result in grave harm to human beings. Conversely, a clean and healthy environment is essential to the realization of fundamental human rights and yields great benefits for human beings and communities. " 3 This stud...

The Nigerian Oil and Gas Industry Content Development Law was necessitated by the influx of foreign direct investment in Nigeria’s petroleum sector. Globalisation has heralded new approaches to the export of capital and technology from the developed to the developing countries through foreign direct investment (FDI). However, there is high deg...

The impact of the policies advocated by the World Bank and the International Monetary Fund (IMF) in Africa are under increased scrutiny. African scholars and international NGOs concerned with Africa’s development have asked whether the policies imposed by the World Bank and IMF in Africa have actually helped or hindered the objective of increasing...

This study investigated the ecological effects of mixed pollution in Eastern Obolo communities in the Niger Delta area of Nigeria. There have been several debates on the subject matter of the interaction of the people of the Niger Delta with the oil firms over the past few years. The core of the debate often, is the hazard of oil and gas pollution...

There is worldwide concern over the ways in which criminally acquired assets are being concealed, transferred and preserved. Many countries including Nigeria have enacted laws against money laundering; drugs trafficking; and, corruption. The study investigates the association of money laundering through the private schools and churches; and, four i...

The carriage of goods across international boundaries involves bulk and sometimes complex transportation and therefore requires planning and the deployment of resources and logistics. In most cases, the use of sea transportation is commonly preferred. The legal issues surrounding the carriage of goods have informed the development of trade laws and...

Human rights are principles and officially permitted guarantees which shield persons and association of persons from the conducts and blunders largely by government officials that meddle with basic liberties, privileges and human solemnity. Human rights generally concern the reverence of, the realization and the safeguard of sociocultural rights, p...

The obligations of WTO members to grant substantial protection to IP rights resulted from concerns of technology exporting countries, like the U.S. in particular, afraid of losing out to newly industrialised countries culminated in the adoption of the Trade-Related Intellectual Property Rights (TRIPS) Agreement in 1994 of the World Trade Organisati...

This paper critically assesses whether the enactment of the Companies Act 2006 in England makes a real difference to the duties of company directors. By deducing evidence of court rulings in several cases, the paper suggests that the Companies Act 2006 was necessary to safeguard the governing documents of companies. The paper however, rejects the n...

The paper evaluates the very complex issue of clinical negligence which in the past few years has attracted a significant amount of legal debates in England and Wales. Much of the debate has been on, how causation interconnects responsibility and harm. The paper discusses the concept of negligence. By focusing largely on two major cases that produc...

It is estimated that crude oil, tourism and illicit drug trade are among the top five most financially inducing business in the world. Drug cartels conducts sophisticated and well organised activities including money laundering and monitoring of large networks of their couriers. In past the decade, the United Kingdom has incurred large expenditure...

This study contributes to the understanding of the causal relationship between gang culture, criminality and corruption in Nigeria universities where both criminality and corruption are very high complementary variables. Writers on gang culture in Nigeria universities have largely omitted the empirical evaluation of the causal relationship between...

The aim of this paper is to investigate whether the She oil company, through investment and crude oil exploration, benefits socio-economic growth in Nigeria in general and in the Niger Delta of Nigeria in particular. In 1998, the United Nations Special Rapporteur's report on Nigeria accused Nigeria and Shell of violating human rights and failing to...

This study empirically investigates the causal relationship between mineral exploration and environmental pollution in Nigeria with specific focus on natural gas and crude oil in Niger Delta region. The model of Granger causality tests was used. Quarterly data covering 2008 and 2009 were used in accordance with the Akaike (1976) minimum lag length...