Contents. List of Tables and Figures. Foreword, Justice I. A. Umezulike. Acknowledgements. List of Abbreviations. General Introduction 1

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1 Contents List of Tables and Figures Foreword, Justice I. A. Umezulike Acknowledgements List of Abbreviations vi vii viii x General Introduction Motivation for the Research Official Response Paradigm Shift: From Retributive To Restorative Justice Recent Cases of Restorative Justice in Africa Natural Resources and Violent Conflict A Case for the Niger Delta Managing the Conflict Relevance of the Research Methodology Division of the Book 14 Chapter One: Restorative Justice As A Paradigm Shift Introduction Restorative Justice: Attempting a Description Restorative Justice: Antecedents & African Experience South Africa Experience Rwanda Experience Sierra Leone Experience Evaluating Our Claims Religion Contribution of Christianity The Contribution of Islam 31 i

2 1.3 Restorative Justice: Existing Models European Forum Maximalist Model Diversionist Model Republican Theory The Third Model of Justice Principles of Restorative Justice Practices of Restorative Justice Victim Offender Mediation (VOM) Conferencing Circles Victim Assistance Ex Offender Assistance Restitution Community Service Restorative Values Conclusion: African Context 55 Chapter Two: Historicity Of Niger Delta Conflict Introduction Remote Antecedents to the Niger Delta Conflict Slave Trade Colonialism From Commerce To Politics The Problems of Amalgamation The Fears of the Minorities Disintegration of Traditional Values The Emerging Elites Land Ownership Land Laws Quic Quid Plantatur Solo Solo Cedit Oil of Conflicts Legislating Oil Matters The 1960 and 1963 Republican Constitutions Principle of Derivation between 1966 and Principle of Derivation under the 1979 Constitution Decree No. 23 of ii

3 2.3.6 Principle of Derivation under the 1999 Constitution Land Use Act The 1999 Minerals & Mining Decree Agitation for Reform Conclusion 87 Chapter Three: Natural Resources And Conflicts Introduction The Present Problem Gas Flare Scale of Gas Flare Social Consequences Governmental Regulations African Commission on Human and Peoplesʹ Rights Obligation to Respect Obligation to Protect Obligation to Promote Obligation to Fulfill Implications of these Rights Government Regulation Petroleum Act Associated Gas Reinjection Act Implementations Failure of Implementation Forest Dependency Targeting Oil Companies Booty Futures Oil Bunkering Managing the Conflict The Major Problems The Problem of Corruption International Indifference Conclusion 120 iii

4 Chapter Four: Managing The Niger Delta Conflicts Introduction Poor Law Enforcement Policy Government Conflicting Strategies The Problem of the 1999 Constitution International Solidarity MOSOP Strategies International Non Governmental Organization (INGO) The Death of Ogoni The Execution of Ken Saro Wiwa Credible Negotiations Indigenous Ownership Rights Application of Indigenous Ownership Rights in Nigeria Land Use Act Issues in Nigerian Land Policy Within The Context Of International Law The Issue Minority Rights Willink Commission Niger Delta Development Board Isaac Dina Commission of Inquiry Petroleum Profit Tax Act (PPTA) Oil Mineral Producing Areas Development Commission Niger Delta Development Commission (NDDC) Implementation of Ogomudia Report Conclusion 155 Chapter Five: Justice And Post Conflict Niger Delta Introduction Reexamining Conflict Management Mechanism Traditional Cultural Approach Popular Mobilization Different Meaning of Securities Listening Mechanism: Victimization and Vengeance 162 iv Methodological Options in Conflict Management Managing the Victim 164

5 5.2.3 Corporate Collaboration Communal Conflict Resolution Communal As Related To the Traditional Settlement and Reconciliation Private Settlement Public Settlement Application to Some Special Cases Application of Restorative Justice: A Case of Gossip A Dispute over Community Land Deliberations and Judgment Knowledge of Custom Analysis of the case The Quest for True Federalism Revenue Allocation Shared Responsibility Fair Consultation Review of the Constitution Conclusion 189 General Conclusion 191 Bibliography 198 About the Author 212 v

THE ROLE OF NIGER DELTA DEVELOPMENT COMMISSION IN SOLVING THE PROBLEM OF UNEMPLOYMENT IN BAYELSA STATE

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