Rule of Law and Justice in Petroleum Law in Sub-Saharan Africa

Kingston University London Rule of Law and Justice in Petroleum Law in Sub-Saharan Africa: Critical analysis of socioeconomic rights and the World Bank New Africa Strategy A thesis submitted in fulfilment of the requirement for the award of Doctor of Philosophy in Law at the Department of Law, Kingston University London October 2019 Adam Abukari (K1161914) KINGSTON LAW DEPARTMENT SUPERVISORS: Prof Dr Umut Turksen Dr Philip A Harris DECLARATION I Adam Abukari do testify and declare that this thesis on “Rule of Law and Justice in Petroleum Law in Sub-Saharan Africa: Critical Analysis of Socioeconomic Rights and the World Bank New Africa Strategy” is completely the product of my original and independent academic work conducted between 2016 and 2019. I have duly referenced all the sources I consulted in the course of carrying out the research and writing the thesis. I further declare that my thesis Supervisors only gave me the necessary expert guidance that enabled me to make independent decisions on what and how to conduct and write the thesis. Therefore, any errors and weaknesses associated with this thesis are not and cannot be associated with any of my thesis Supervisors. I bear the sole responsibility for any short comings, if ever there are any. SUPERVISORY TEAM: Prof Dr Umut Türkşen Dr Philip A Harris Kingston Law Department Kingston University London i ACKNOWLEDGEMENT I am most grateful to the Almighty God for seeing me through this study. He provided me with the needed resources, facilities and Supervisors besides granting me life, good health and sound mind. Professor Umut Turksen was divinely brought my way. I started with him as my First Supervisor and ended with him as my mentor, counsellor, friend and European Union’s PROTAX Line-Manager as Research Associate/Fellow at Coventry University. Prof Umut is just so supportive, kind, humble, generous, indefatigable and excellent. He has a fantastic personality. I could not thank him more for the immeasurable way he has supported me both in and out of my Law PhD studies in Kingston University London and Coventry University UK, respectively. I am, indeed, highly indebted and grateful to Prof Umut for the great things he has done for me. Dr Philip A Harris, as the Kingston University PhD Law Coordinator who generously stepped in to provide supervisory support for me after my First Supervisor left the University, was instrumental in facilitating my academic progress in many ways. Indeed, hitherto, Dr Philip took us through Conduct of Inquiry and Philosophy seminars in the first year. These were beneficial sessions that refreshed my memory on research and philosophy and pepped up new insights thereof. Dr Philip was my immediate contact point to address concerns about bureaucratic nightmares on supervisory arrangements. He was always there to assist despite the frustrating nature of how some of the concerns were handled while he pushed on. Dr Philip is very supportive and fabulous. I am grateful that he was there for me. Dr Ewa M Karwowski, as my Second Supervisor, left the University by the end of my first year while Professor Matthew Humphreys and Dr Dorothy Kwagala-Igaga left the University even before I arrived. I thank all of them for earlier agreeing to supervise me, not forgetting Mr Eric Jeanpierre who had earlier also agreed to be ii my Second Supervisor but had to opt out before I began my studies. I am also grateful to Kingston University’s Administrators/Research Coordinators/Managers such as Keily Geary, Penny Tribe, Claire L Gaskin, Valerie A Thorne, Joanna C Reeves, Dr Lorenzo Pasculli, and Prof Michael Wynn for their support in diverse ways before and during my studies. My gratitude also goes to the Heads of Graduate School and Department of Law such as Rachel Graham, Dr Belen Olmos Giupponi and Prof Philip Terry, Sally Bevan, Marie Withers and all staff in the Faculty of Business and Social Sciences and in Kingston University who assisted me in one way or the other. I am eternally grateful to my lovely Mother, Fishata Nayi, for her patience, fervent prayers and unflinching care. I am equally very grateful to my loving wife, Fawzia, for her relentless support and unconditional love for me and our son, Sahalana, who patiently tolerated my absence from home for all these years. I am also grateful to Dr Sulemana Mohammed of University for Development Studies Ghana and Professor Mary Footer of University of Nottingham UK, both of whom my former Supervisors, who kindly stood by me to give any timely recommendation that will see me through my applications. Mr Abdul Wahid Adam of Local Government Service of Ghana is my good friend and brother who has always been with me in good and bad times. I am grateful for his presence in my life. Also, my gratitude goes to Mr Abdul Latif Ibrahim, Ms Juan Afua Amadu-seidu, Mr Nasigri H Seidu, Mr Rufai Adjei, Mr Abdulai Dramani, Mr Jeswuni Abudu and Dr Hamza Bukari. Prof Razak Kuyini Alhassan and Dr Nurudeen Iddrisu have always been generous to share rich ideas about life and academics with me - I am grateful. My appreciation goes to my in-laws in London especially Mr Fatawu Ibrahim, Mr Ishaq Ibrahim and Mr Yussif Ibrahim. My acknowledgement also goes to Mr Ben Dere, Professor Raymond Atuguba of University of Ghana, Mr Yakubu Abukari of University of Bedfordshire, Dr Donato Vozza of Coventry iii University, Mr Gabor Soos, Mr Abu Rashid, Mr Zhanibek Khan, HE Lordina Mahama, Mr Pius (UDS), Mr Nyantakyi, Mr Denteh, Mr Suleiman Ahmed (Attorney General Department), Ms Mabel Amenyo, Mr Achebs A Seidu, Mr Stephen Baffoe, Ms Gloria Duodu, Mr Hafiz Sayibu, Phillida Lamptey, Ms Failatu Ibrahim, Ms Nihad Abubakar, Dr Emmanuel Nartey, and Mr Ibrahim Wahab, ‘Mr Sam Emmissah, Madam Stella, Madam Beatrice, Mr King Abeyie, and Mrs Ula Ojiaku’ of Kingston University, Mr Yakubu Issahaku of Stanbic Bank, Mr Ali Mohammed of Agric Development Bank, Mr Zarouk Imoro of University for Development Studies, Dr Wuripe Alhassan of Dokuz Eylul Universitesi, Mr Andani Ziblim of University of Law, Mr Peter Dawuni of Wumdap Research & Consult, and Mr David Twum Barimah of T-Bay Consult. My gratitude also goes to Mr Asraful Md Arafin of JKR Associates London (a wonderful PhD colleague) as well as my other PhD colleagues such as Ms Dilpreet Virk and Mr Toluwani A Ajayi. Mr Mutawakil Abdulai, Mr Zakaria Sayibu, Mr Ali Abukari and Mallam Abdallah Ababakari as well as my Uncles, Aunties and Cousins that held the family together while I was away do deserve my sincere gratitude too. I really wished I could find space to mention and thank all those that have played important roles in my life, but I can only resign to the adage that ‘if wishes were horses beggars might ride’, but beggars have their own ways of creating the horses they can ride – I must say. In that regard, I say to all of you that have contributed in diverse ways towards my educational success to the PhD level that I am eternally grateful and thankful to you all and will demonstrate my gratitude to you in person any time I get to meet any of you – that know yourselves all too well. I very much thank all of you and appreciate your kindness, care, support and guidance. May the Almighty God richly bless us all! iv DEDICATION I dedicate this thesis to my dearest Father, Abukari Mahama, who gave me all the needed support and had belief that I will get this far but never lived to see it happening. May His Soul Rest in Perfect Peace! Amen! v Table of Contents DECLARATION ................................................................................................................................. i ACKNOWLEDGEMENT .................................................................................................................. ii LIST OF TABLES .......................................................................................................................... xiii LIST OF FIGURES ........................................................................................................................xiv LIST OF ACRONYMS ................................................................................................................... xv ABSTRACT .......................................................................................................................................xx CHAPTER ONE ................................................................................................................................. 1 GENERAL INTRODUCTION TO THE THESIS ........................................................................ 1 1.1 Introduction ........................................................................................................................ 1 1.2 Defining the Key Terms of the Thesis ...................................................................... 9 1.2.1 The rule of law, justice and socioeconomic rights in context ............. 9 1.2.2 Petroleum law and nature of petroleum .................................................... 19 1.3 Stating the Problem of the Study ............................................................................ 25 1.3.1 A snapshot of the Ghanaian scenario ......................................................... 27 1.4 A Call to Legal Action .................................................................................................... 29 1.4.1 Engaging with the World Bank and its New Africa Strategy.............. 29 1.5 Purpose .............................................................................................................................

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