• Accountability of transnational corporations in the developing world: The case for an enforceable international mechanism.

      Yusuf, Hakeem O.; Omoteso, Kamil; University of Birmingham; Coventry University (Emerald, 2017)
      Purpose: This paper contends that the dominant voluntarism approach to the accountability of Transnational Corporations (TNCs) is inadequate and not fit-for-purpose. It argues for the establishment of an international legal mechanism for securing the accountability of TNCs particularly in the context of developing countries with notoriously weak governance mechanisms to protect all relevant stakeholders. Design/methodology/approach: The study adopts insights from the fields of management and international law to draw out synergies from particular understandings of corporate governance, corporate social responsibility and international human rights. The governance challenges in developing countries with regard to securing the accountability of TNCs is illustrated with the Nigerian experience of oil-industry legislation reform. Findings: The specific context of the experiences of developing countries in Africa on the operations of TNCs particularly commends the need and expedience to create an international legal regime for ensuring the accountability of TNCs. Originality/value: Mainstream research in this area has focused mainly on self and voluntary models of regulation and accountability that have privileged the legal fiction of the corporate status of TNCs. This article departs from that model to argue for an enforceable model of TNC accountability based on an international mechanism.
    • Accountability of transnational corporations in the developing world: The case for an enforceable international mechanism.

      Omoteso, Kamil; Yusuf, Hakeem O.; Coventry University; University of Birmingham (2017-03-06)
      Purpose: This paper contends that the dominant voluntarism approach to the accountability of Transnational Corporations (TNCs) is inadequate and not fit-for-purpose. It argues for the establishment of an international legal mechanism for securing the accountability of TNCs particularly in the context of developing countries with notoriously weak governance mechanisms to protect all relevant stakeholders. Design/methodology/approach: The study adopts insights from the fields of management and international law to draw out synergies from particular understandings of corporate governance, corporate social responsibility and international human rights. The governance challenges in developing countries with regard to securing the accountability of TNCs is illustrated with the Nigerian experience of oil-industry legislation reform. Findings: The specific context of the experiences of developing countries in Africa on the operations of TNCs particularly commends the need and expedience to create an international legal regime for ensuring the accountability of TNCs. Originality/value: Mainstream research in this area has focused mainly on self and voluntary models of regulation and accountability that have privileged the legal fiction of the corporate status of TNCs. This article departs from that model to argue for an enforceable model of TNC accountability based on an international mechanism.
    • Calling the judiciary to account for the past : transitional justice and judicial accountability in Nigeria.

      Yusuf, Hakeem O.; University of Glasgow (2008-03-19)
      Institutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria’s transition to democracy after decades of authoritarian military rule.
    • Colonial and post-colonial constitutionalism in the commonwealth: Peace, order and good government

      Yusuf, Hakeem O.; University of Strathclyde (Routledge, 2014-01-10)
      The peace, order and good government clause (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when set against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause.
    • Colonialism and dilemmas of transitional justice in Nigeria.

      Yusuf, Hakeem O.; University of Birmingham (Oxford University Press, 2018-03-27)
      Adoption of the colonial template of governance by successive postcolonial governments in Nigeria has limited the ambit of transitional justice, rendering it incapable of addressing the root causes of systematic abuses and conflict in the country. Pathologies of colonial injustice and violence were transmitted into governance in the postcolony and this structural continuity has locked down the prospect of justice and reforms as an integral part of the governance complex. Critical analysis of the Nigerian experience calls attention to the need for transitional justice theory and praxis to engage with the colonial legacy in nonsettler, postcolonial societies. Understanding and engaging with the colonial legacy is critical to the prospects of successful transitional justice in postcolonial polities.
    • Combating environmental irresponsibility of transnational corporations in Africa: an empirical analysis.

      Yusuf, Hakeem O.; Omoteso, Kamil; University of Birmingham; Coventry University (Taylor & Francis, 2015-12-15)
      Environmental irresponsibility is one of the most prominent issues confronting host communities of transnational corporations (TNCs) engaged in the production of economic goods and, sometimes, services. Drawing mainly on stakeholder theory, combined with legitimacy theory, this article addresses how host communities in Africa combat the challenge of environmental irresponsibility of TNCs. To illustrate the dimensions and dynamics of the challenge, this paper examines the experience of despoliation of Ogoniland by the oil giant Shell in Nigeria. The analysis draws attention to the significance of the role of individuals and civil society groups in securing accountability of one of the most formidable fronts of economic globalisation. The analysis is particularly relevant to the experience of environmental irresponsibility in the context of weak governance structures.
    • Combating environmental irresponsibility of transnational corporations in Africa: an empirical analysis.

      Yusuf, Hakeem O.; Omoteso, Kamil; University of Birmingham; Coventry University (Taylor and Francis., 2015-12-15)
      Environmental irresponsibility is one of the most prominent issues confronting host communities of transnational corporations (TNCs) engaged in the production of economic goods and, sometimes, services. Drawing mainly on stakeholder theory, combined with legitimacy theory, this article addresses how host communities in Africa combat the challenge of environmental irresponsibility of TNCs. To illustrate the dimensions and dynamics of the challenge, this paper examines the experience of despoliation of Ogoniland by the oil giant Shell in Nigeria. The analysis draws attention to the significance of the role of individuals and civil society groups in securing accountability of one of the most formidable fronts of economic globalisation. The analysis is particularly relevant to the experience of environmental irresponsibility in the context of weak governance structures.
    • Democratic transition, judicial accountability and judicialisation of politics in Africa: The Nigerian experience.

      Yusuf, Hakeem O.; University of Glasgow (Emerald, 2008-10)
      Purpose – This paper aims to examine the growing incidence of judicialisation of politics in Nigeria’s democratisation experience against the backdrop of questionable judicial accountability. Design/methodology/approach – The article draws on legal and political theory as well as comparative law perspectives. Findings – The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition. Practical implications – Effective judicial mediation of political transition requires a transformed and accountable judiciary. Originality/value – The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.
    • Harvest of violence: the neglect of basic rights and the Boko Haram insurgency in Nigeria.

      Yusuf, Hakeem O.; University of Strathclyde (Taylor & Francis, 2013-09-26)
      Drawing on the core commitments of Critical Terrorism Studies, and mostly, the ethic of emancipation, this article focuses on the Boko Haram insurgency to investigate recurring violent conflict in Nigeria. It identifies a governance gap not adverted to in the official narrative which has led to gross discontent at the lower levels of the society. The governance gap has created fertile breeding grounds for the recruitment of disillusioned youths who are easily mobilised to violence and lately, insurgency. There are normative and pragmatic reasons to adopt and prioritise social welfare through the implementation of economic, social and cultural obligations and due-process rights as a viable approach to at least reducing the spate of violence in the country. The discussion has relevance for resolving situations of violence and conflict in sub-Sahara Africa in particular and elsewhere in the developing world.
    • 'High value' migration and complicity in underdevelopment and corruption in the global south : receiving from the attic.

      Yusuf, Hakeem O.; University of Strathclyde (Taylor & Francis, 2012-04-25)
      Through a focus on the ‘High Value Migrants’ programme of the United Kingdom, this article directs attention to how commercial migration laws and policies of developed countries could impact negatively on the global south. Drawing mainly on insights from criminology and development studies, it investigates how the commercial migration laws and policies, specifically the aspects that deal with encouraging or attracting ‘high-value’ foreign entrepreneurs and investors hold out the state as potentially complicit in corruption and underdevelopment in the global south. There is an important need to address the implicated migration laws and policies as a critical and integral part of the international efforts to combat corruption and promote peace and development in the global south. Reform of the implicated laws and policies is in the long term interest of all stakeholders.
    • The judiciary and constitutionalism in transitions : a critique.

      Yusuf, Hakeem O.; University of Glasgow (De Gruyter, 2007-12-28)
      The article critically analyses the role of the Nigerian courts in mediating resultant tensions in the post-authoritarian transition period. In doing this, I examine jurisprudence emanating from the courts on some serious inter-governmental disputes, as well as decisions bordering on individual and group rights, particularly those connected to the transition process. The dynamics of democratic transition in Nigeria after decades of military rule dictates the inevitability of these disputes. The military left a legacy of systemic distortion and institutional dysfunctions which constitute formidable challenges to the transitioning society. The article argues a case for a purposive jurisprudential approach to resolving the ensuing tensions which typically threaten the viability of the transition.
    • The judiciary and political change in Africa: Developing transitional jurisprudence in Nigeria.

      Yusuf, Hakeem O.; Queen's University Belfast (Oxford University Press, 2009-10-08)
      At a time of increased evaluations of law, human rights, and the rise of judicial power all over the globe, the work of most African judiciaries and the principles of the jurisprudence they espouse in promoting social justice remain an unlikely focus of comparative legal scholarship. This ought not to be so in view of the considerable activities of the courts on the continent in the dawn of the third wave of democratization. This article explores the work of the Nigerian Supreme Court in the political transition to democracy since 1999. Utilizing insights from the work of Ruti Teitel, it attempts to outline some of the major constitutional and extraconstitutional principles adopted by the Court in mediating intergovernmental contestations in the turbulent transition away from almost three decades of authoritarian military rule. It emerges that the task of fostering social transformation through the “weakest” branch seriously tasks the institutional integrity of the judiciary.
    • Oil on troubled waters: Multi-national corporations and realising human rights in the developing world, with specific reference to Nigeria.

      Yusuf, Hakeem O.; University of Glasgow (2008-04-23)
      This article examines the current state of tension in the Niger Delta of Nigeria. It locates the current unrest in the continued denial of economic, social and cultural rights to the oil-rich communities in the area. The author argues that this denial happened with the complicity and acquiescence of the international community. The Nigerian government as well as multinational corporations operating in the area have not been responsive to the development needs of the people. The article argues that, although the primary obligation for realising the economic, social and cultural rights of host communities rests on the government, multi-national corporations in developing countries, considering their awesome resources and influence on government policies, should be similarly obligated to respect, promote and protect those rights.
    • The persistence of colonial constitutionalism in British overseas territories

      Yusuf, Hakeem O.; Chowdhury, Tanzil; University of Birmingham (Cambridge University Press, 2019-03-07)
      This article argues that despite the UK Government’s exaltations of self-determination of its Overseas Territories, provisions of colonial governance persist in their constitutions. Further, it posits that such illustrations begin to answer the broader question of whether British Overseas Territories (BOTs) are modern day colonies. Such claims are not without merit given that 10 out of the 14 BOTS are still considered Non-Self-Governing Territories by the United Nations and have remained the target of decolonisation efforts. Drawing insights from post-colonial legal theory, this article develops the idea of the persistence of colonial constitutionalism to interrogate whether structural continuities exist in the governance of the UK’s British Overseas Territories. The analysis begins to unravel the fraught tensions between constitutional provisions that advance greater self-determination and constitutional provisions that maintain the persistence of colonial governance. Ultimately, the post-colonial approach foregrounds a thoroughgoing analysis on whether BOTs are colonies and how such an exegesis would require particular nuance that is largely missing in current institutional and non-institutional articulations of, as well as representations on, the issue.
    • Robes on Tight Ropes: The Judicialisation of Politics in Nigeria

      Yusuf, Hakeem O.; University of Glasgow (De Gruyter, 2008-06-09)
      This account of judicialised politics in the Nigerian transition experience examines the regulation of the judiciary of the political space, through the resolution of intergovernmental contestations in a dysfunctional federation. It analyses the judicialisation of elite power disputes which have resonance for due process and the rule of law in particular and governance in general. A study of the role of the judiciary in stabilising the country, itself a pivot in the West Africa region in particular and Africa in general, is important. This is especially in view of its classification as a weak state, despite its enormous human and natural resources. The analyses here suggest the Supreme Court has taken a strategic position in the task of democratic institutional building and the reinstitution of the rule of law in the country. This strategic measure has received the acclaim of the public. However, the account also discloses that the judiciary, in the course of its numerous interventions, has been drawn into overly political disputes that overreach its jurisprudential preferences. Of even more significance, it demonstrates that the judiciary is itself still challenged by institutional dysfunctions constituting part of the legacies of the authoritarian era. The situation leads back to the need for closer scrutiny of the judicial function in transitional societies.
    • S.A.S v France : supporting 'living together' or forced assimilation?

      Yusuf, Hakeem O.; University of Strathclyde (Brill Academic Publishers, 2014-11-19)
      The Grand Chamber of the European Court of Human Rights has upheld the French law which prohibits the concealment of one’s face in public places. The law is directed principally at prohibiting Muslim women covering their faces in public spaces in France. The decision of the Strasbourg Court is premised on the French notion of ‘le vivre ensemble’; ‘living together.’ This critical analysis of the judgment contends that the decision is flawed and retrogressive for women’s rights in particular and undermines the socio-cultural rights and freedoms of individuals who belong to minority groups in general. On wider implications of the decision, it is worrisome that the decision appears to pander to dangerous political leanings currently growing in many parts of Europe and beyond. The Court risks promoting forced assimilation policies against minorities in various parts of the world. To illustrate its implications, the article highlights the experience of the Uyghurs, a Turkic ethnic group in Xinjiang Uyghur Autonomous Region of China.
    • Transitional justice in the Middle East and North Africa – taking account of Islam.

      Yusuf, Hakeem O.; University of Birmingham (De Gruyter, 2017-07-26)
      The core of the argument of this article is that the integration of Islamic notions of justice into transitional justice mechanisms in the MENA makes for a more viable and sustainable transitional justice process in the region. This would mean a critical cultural value in the MENA is given a place in dealing with the past and mapping out a sustainable future in the region. The argument here is premised on the logic that a social transformation-focused enterprise like transitional justice ought to engage with Islam for sustainable outcomes in societies in the MENA where Islam is very influential. Given the significant role and influence of Islam on cultural, socio-political and legal institutions in the MENA, a process of transitional justice that takes account of Islamic values and practices is important for negotiating justice and institutionalising reforms in societies in the region.
    • Travails of truth: achieving justice for victims of impunity in Nigeria.

      Yusuf, Hakeem O.; University of Glasgow (Oxford University Press, 2007-08-10)
      Following its transition from authoritarian military rule marked by gross violations of human rights, Nigeria established the Human Rights Violations Investigations Commission (HRVIC) in 1999. This paper critically examines the contributions of the Commission popularly known as the ‘Oputa Panel’ to the field of transitional justice and the rule of law. It sets out the process of establishing the Commission, the mandate of the HRVIC and how this was interpreted during the course of the Commission’s work. The challenges faced by the Oputa Panel are analysed to serve as signposts for other truth commissions, particularly in relation to its legal status and relationship with the judiciary. Recourse by some powerful individuals to the judicial process in a bid to shield them from the Truth Commission merits particular review as it raises questions regarding the transformation of the judiciary and the rule of law in the wake of an authoritarian regime.
    • The UN Committee of 24’s dogmatic philosophy of recognition: toward a Sui Generis approach to decolonization.

      Yusuf, Hakeem O.; University of Birmingham (2019)
      The time is ripe for the United Nations Special Committee on Decolonization (‘the Committee of 24’) to accept sui generis categories that enable it to achieve its aim of ‘finishing the job’ of decolonization. This would mean a departure from the Committee of 24’s rigid adherence to the three forms of decolonization currently recognised by it - independence, integration and free association. This article adopts Gilles Deleuze’s critiques of the ‘dogmatic philosophy of recognition’ and how this can be overcome through his articulation of ‘the Encounter’ to interrogate the philosophical basis of the Committee of 24’s inability to recognise sui generis forms of decolonization. It is through the Encounter that the rigid adherence to the categories is challenged such that sui generis categories are created in furtherance of the Committee’s stated aim. In applying this theoretical analysis, the article uses Gibraltar as a nascent example of what a sui generis category of decolonization could look like.