ILLEGAL SALE OF OIL AND GAS RESOURCES IN CAMEROON: THE CASE OF FAKO DIVISION
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ABSTRACT
Oil and gas resources are the world’s most important resources. It keeps factories of the industrialized and non-industrialized countries working and provides revenues for the state. In Cameroon, the state exercises ownership of oil and gas resources. Despite the legal, institutional and policy frameworks put in place to regulate the sale and dealings in the Cameroonian oil and gas sector, illegal dealings in this sector continue to be rampant. This is as a result of factors such as, bribery and corruption, high demand for contraband fuel, unemployment, non-implementation of laws, little or no enforcement of existing laws on the sale of oil and gas resources. The aim of this study is to critically examine the effectiveness of measures for the fight against illegal sale of oil and gas resources in Cameroon and Fako Division particularly. This has been attained by the use of qualitative research methodology and primary and secondary methods of research this study also makes use of unstructured interviews. Findings reveal that, the state retains ownership over oil and gas resources in Cameroon and can only authorize private individuals or corporations after they must have complied with all the requirements of obtain and authorization, license or concessions. The significance of this study is that, it has broaden existing knowledge in this area especially when it comes to advocating for the rights of licensed operators and raises awareness of the risks of illegal oil and gas resources. This study recommends that, the state should enforce existing laws while creating more stringent ones. The state has to also fight against bribery and corruption in the oil and gas sector, sensitize the communities about the dangers of illicit fuel, make available more filling stations in the country to limit and eradicate these illegal operations.
Keywords: Illegal Sale, Oil, Gas, Resources.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 BACKGROUND TO THE STUDY
Oil and gas resources have been used for lightening purposes for thousands of years. In areas where oil is found in shallow reservoirs, seeps or crude oil or gas may naturally develop and some oil could simply be collected in seepage or tar ponds.[1] The relevance of oil and gas activities to mankind, as well as the significant influence they have on the economies of both oil and gas producing and importing countries cannot be overstressed. Oil and gas has a lot of influence in the socioeconomic, cultural and politics of states which produce such resources. It has given the opportunity to ruling groups and communities to manipulate economic sector for political and financial gains. Ibeanu[2] avers that;
“Oil resources have been a source of wealth and poverty, security and insecurity, development and underdevelopment in equal measures. Ironically, those from whose land it is taken are always on the negative side of its inherent paradoxes, they’re poor insecure and underdeveloped.”
No doubt Yergin[3] calls it “the world’s most important resource”, and to Smil[4], “it is the life blood of the modern economy”. To Feyide[5],
“Oil keeps the factories of the industrialized countries working and provides the revenues which enables oil exporters to execute ambitious national and economic development plans. Developing countries that have no oil are faced with a grim struggle for survival, if they lose, they’re relegated to the fourth world”.[6]
Oil and gas have far reaching influence on the politics of countries engaged in its activities and all the more, worldwide.[7] The discovery of oil and gas has brought about a must noticeable advancement to industrial growth worldwide and has ease the transportation at both local and international levels. At the level of households, oil and gas energies have made life very easy for mankind in areas such as cooking, heating, provision of electricity, local mobility by various means and many more.[8] Petroleum and its related products as sources of energy cannot be replaced in the contemporary world because of its importance as an element of national power.[9] Also, at the international and local levels, oil and gas are used to produce chemicals such as paints, plastics, Vaseline, tar on roads, cloths, ceiling and many more while serving as a means of employment around the globe. This helps to boost the economy, serving as a huge part of revenue to countries, promotes development and civilization, attracts investors and promote friendly ties amongst countries.
Since the discovery of oil in the fourth quarter of the nineteenth century, oil has been the main Source of energy to mankind.[10] The Fortune Global 500[11], corroborates the above view.[12]
In the words of one Tycoon, “oil is almost like money.[13] Oil and gas is not only useful to the modern world, but also to the ancient world, though its usefulness and environmental impacts of its exploration and production are much more significant in the modern world. The use of oil and gas has lasted for thousands of years throughout the history of the world evolving overtime to become an integral part in today’s world economy.[14]The use of petroleum has lasted for thousands of years through the history of the world, evolving overtime and it is now an integral part of today’s world economy. Oil and gas originated from three major kinds of fossil fuel- coal, oil and natural gas- were formed over millions of years ago. Fossils are the remains of plants and animals preserved from an earlier era inside rocky or other geometrical structures.[15] The era these fossils were formed is known as the ‘carboniferous period’ deriving its name from carbon which is the principal element in coal, oil and natural gas resources.[16] Over these millions of years, the deposits and remains of plants and animals along with eroded particles of eroded heated rock underwent some bacterial and chemical changes, under intensive heat to form hydrocarbons.[17]
In the same light, Bastoni[18] provides three stages under which petroleum formation takes place.[19] The stages are photosynthesis, bacterial degradation and diagenesis and catagenesis. Modern oil and gas industry began in America in the 19th century, individual oil producers constructed dams in Western Pennsylvania were petroleum was known to be deposited.[20] This made it possible for crude oil to float on the water surface. The floating was the collected using blankets spread on the water surface to soak up the oil which was retrieved and sold.
Between 1940 and 1960 Africa became known for the new frontier for world oil. At that time oil was discovered in some countries as Egypt, Algeria, Nigeria, Libya and Angola France was the first Western African country to focus on oil prospecting in African. The first oil fields in Africa was discovered in Egypt as far back as 1969. Recent discoveries of oil and gas was in other parts of Africa were in Ghana, Chad, Ethiopia. In Cameroon, oil and gas was first discovered between 1970 and 1977. [21]
Cameroon has been an oil producing country since the early 1970s. The major coastal oil basins include Rio Del Ray (RDR), Douala and Kribi- Compo (DKC) There are however some intra continental basins which include; the Mamfe and the Logon Birni basins and deep sea zones. [22] Oil exploration and exploitation is done by companies such as Perenco, Pecten international, Elf Serepca, Shell, all based in Douala. Cameroon does not market all its crude oil, there is an oil refinery company, SONARA based in Limbe. For such an oil producing country, the passing of Oil and Gas regulations is very important.
Before the petroleum and gas codes were instituted, the 1995 law[23] laid down special measures for the promotion of the production of liquid hydrocarbons in Cameroon. This piece of legislation outlined the special measures for the promotion of the activities of production from marginal fields identified anywhere in the sedimentary zone of the national territory extending offshore to the limits of Cameroon territorial waters. Hydrocarbon discoveries are exploited according to the law. However, when it concerns exploitation by a public establishment or branch, thereof, the award of a concession is subordinate to the signing of a contract with the state. This contract defines the commercial and financial terms and lays down the conditions for funding the investment, the sharing of production, the mode and mechanisms for recovering investment cost, the modalities for the conduct of operations.[24]
The state takes special measures to promote oil production activities. These measures shall concern one exploitation license or a set of exploitation licenses in one sedimentary basin. Such special measures are to improve the productivity and valorization of discoveries to be exploited, especially the sharing of production, quantity of production necessary for the repayment of costs, mechanism for the recovery of expenditure, depreciation and yielding of investments. However, there are still many oil and gas unauthorized dealers (in sales of oil and gas) in Cameroon who operate without any contract or authorization from the state acting through the Minister of Mines, Industry and Technological Development.
Illegal sale in oil and gas resources are transactions carried out without official authorization or permission by the Ministry of Mines, industries and Technological Development in Cameroon. These illegal sales are forbidden by law and therefore unlawful. In Cameroon, there is no private ownership of oil and gas as opposed to some countries like the United States of America, Canada and even Nigeria. The state retains ownership of oil and gas. As such any individual who wants to engage in oil and gas activities must be authorized by the state. That is; the Ministry of Mines Industry and Technological Development. To combat such unauthorized sales, there are laws put in place to prohibit such dealings. These laws are; the petroleum code[25], the Gas Code[26], the 2016 Penal Code[27], the 1974 Ordinance.[28]
There are also International conventions ratified by Cameroon such as the United Nations Convention on the Law of the sea,[29] the Rio Declaration of the environment.[30] Institutions such as the courts and the Ministry of Mines Industry and Technological Development. These laws, institutions and even ratified conventions to an extent have a problem of implementation, this is because these unauthorized sales hinder the operations of companies which have adhered to the norms like paying of taxes, unauthorized sales, sale of oil and gas at cheaper rates. This in effect will be at the detriment to oil and gas companies in Cameroon which are authorized by the state and awarded operations licenses. The state loses taxes and more so, the oil and gas they sell illegally is not of merchantable quality. Since they do not conform to the sales norms, their activities negatively affects the environment. The above laws have not attained its objectives as these unauthorized sales in oil and gas resources in Cameroon continue unabated.
1.2 STATEMENT OF THE PROBLEM.
The Cameroonian Oil and Gas Industry faces the problem of illegal sale in oil and gas resources.[31] The sale does not only hinder the activities of licensed operators but also has a lot of safety concerns. Despite the numerous official texts taken to contain the ill, the crime of illegal sale of oil and gas resources is still rife in the Fako Division of Cameroon. This illegal activities are enhanced by the increased illegal sale of contraband, fuel, importation and transportation of oil and gas. A case in point is that of September 6th, 2019 were more than 5000 litres of unauthorized fuel was confiscated at the Douala Airport as an important part of the measures taken to regulate illegal importation and sale of oil and gas in Cameroon.[32] These activities continue to thrive despite efforts put in place by the government to combat such dealings. Despite efforts at the regional and local levels to combat illegal sale and undertakings in the Cameroonian oil and gas sector, the effectiveness remains wanting.[33] The noncompliance with laws regulating the sale of oil and gas resources in Cameroon is therefore a cause for concern.
1.3 RESEARCH QUESTIONS.
1.3.1 Main Research question.
To what extent are the Measures for the Fight against Illegal Sale of Oil and Gas Resources Effective in the Fako Division Cameroon?
1.3.2 Specific Research questions.
- What is the concept of oil and gas resources and illegal sale of oil and gas resources in Cameroon.?
- What legal, institutional and policy frameworks regulate the sale of oil and gas resources in Cameroon?
- What are the challenges faced in the fight against illegal sale of oil and gas resources in Cameroon?
- What policy recommendations are needed to Combat such unauthorized sale?
1.4 RESEARCH OBJECTIVES.
1.4.1 Main Objectives of the research.
- To critically examine the Effectiveness of Measures for the Fight against Illegal Sale of Oil and Gas Resources in the Fako Division of Cameroon.?
1.4.2 Specific objectives.
- To examine the concept of oil and gas resources and illegal sale of oil and gas resources.
- To examine the legal, institutional and policy frameworks regulating the sale of oil and gas resources in Cameroon.
- To examine the challenges faced in the fight against illegal sale of oil and gas resources in Cameroon
- To make policy recommendations to combat such unauthorized sale.
1.5 RESEARCH METHODOLOGY.
The methodology employed in this study is qualitative research methodology. Qualitative Research is a form of research relying on the analysis of controlled observations of the researcher. It produces information on a particular case study.[34] Usually, narrative data is collected in qualitative research.[35] The reasons why qualitative research is best suited for this study are because, qualitative research focuses more on words rather than numbers. In qualitative research, the researcher has the opportunity to elaborate on their findings.[36] The objective of qualitative research is to produce in-depth and illustrative information in other to understand the various dimensions of the problems under analysis.[37] “It is concerned with aspects of reality and cannot be quantified, focusing on the understanding and explanation of the dynamics of social relations.
Qualitative research works with the universe of meanings, motives, aspirations, beliefs, values and attitudes which corresponds to a deeper space of relationships, processes and phenomena that cannot be reduced to the operationalization of variables.[38]
This research also adopts the doctrinal research method which involves in-depth content primary and secondary sources of information. The primary sources of data adopted by this study are; statutes, case law, treaties, legislation and direct observation. This study also makes use of secondary sources of information such as textbooks, books, journal articles, online sources, reports, relevant publications. The relevance of primary data to this study is that, it is factual and original. It deals with first hand data collected by the researcher.[39] On the other hand, secondary sources of data are relevant to this study because it is quick and easy because it is accessible to researchers and individuals and available on different platforms which can be accessed by the researcher because it is mostly shared publicly and dwells on data which is already verified and by someone else.[40]
Also, the study further makes use of unstructured interviews where some relevant stakeholders such as company shareholders, buyers, suppliers and contractors, (involved in the authorized operations of oil and gas resources) are interviewed to better understand and draw necessary conclusions on the issues of unauthorized sales of oil and gas resources and its effects on oil and gas companies in Cameroon.
1.6 LITERATURE REVIEW
There are numerous literatures on the subject matter of oil and gas resources such as journals, papers, reports, articles. Many authors and past researchers have termed these unauthorized sales in one way or the other to include; illegal bunkering,[41] illegal activities with oil and gas, illegal trade in fuel[42] and even illicit dealings with oil and gas resources. The sale, purchase, acquisition, transportation, refining processing, or handling of illegal oil, gas, or products is prohibited.[43] Illegal oil and gas are declared to be contraband and are subject to seizure and sale as provided by section (2) of the Revised code of Washington.[44] Seizures and sale shall be in addition to other remedies and penalties provided in the (RCW). If the department believes that there is any illegal oil and gas activities, the attorney general shall bring a civil action in rem in the superior court of the country in which the oil and gas is found to seize and sell the same.[45]
Illegal fuel sales thrive on the intersection of both formal and informal economies. In Nigeria, petroleum produce is cheaper than her immediate neighbors, this enables smuggling and a lucrative petroleum black markets. Oil smuggling is also enhanced by the use of CFA francs as exchange currency since it has a stronger value compared to Naira when pegged to the euro.[46] It is not surprising to see people of diverse ethnic nationalities such as Beninoise, Togolese etc in the illegal activities of oil and gas. Similarly, circumstances explain illegal dealings with petroleum activities across the Niger-Delta, especially through Nigerians maritime border with Cameroon.[47] This is facilitated and sustained by a corrupt, lawless and lack of enforceability of laws. The Cameroonian oil and gas industry faces a lot of unauthorized sales with its oil and gas resources. A case in point is that of September 6th, 2019 were more than 5000 litres of unauthorized fuel was confiscated at the Douala Airport.[48] Despite the attempts of curbing unauthorized sales in Cameroon, most attempts prove abortive.
Most existing literature focuses only on illegal oil bunkering, illegal fuel trading etc without mentioning how it affects and cripples the activities of licensed (authorized) operators in Cameroon. Hence this study advocates for practical reforms such as good industry governance, legislative reforms which will help restrain such illegal and unauthorized dealings in the sector of oil and gas. Unauthorized dealers should be severely punished, fined and even imprisoned for engaging in such unlawful activities. The government must as a duty put in place effective measures to protect the activities of authorized operators in the oil and gas sector. The state must put in place all the necessary measures to protect the rights and benefits of authorized operators in the oil and gas sector which contribute massively to the revenue, growth, boost and boom of the state by paying huge taxes, authorized companies should not suffer because of these illicit activities by private individuals.
Also, according to Abilabi Colbert[49], with the ambition to see Cameroon becomes an emerging economy by 2035, natural resource exploration and exploitation are a key developmental strategy even though these same activities have serious negative effects to both humans and the physical environment. He is of the opinion that though there are efforts made by companies to curb environmental damage in their operation policy there is still so much to be done in other to match theory into practice.[50] This study however is focused on ascertaining the effects of illegal sale of oil and gas resources on oil and gas companies in Cameroon.
Again, Rumarick Awa avers that ownership and control of oil and gas is crucial to a country’s wealth and wellbeing and therefore should not be treated with levity. According to him, as important as oil and gas is, ownership rights takes various forms and vary from jurisdiction to the other depending on the country’s socio-political historical background and its legal system which has direct impacts on oil and gas industries.[51] On the other hand, this study centers on bringing out the effects of unauthorized sale of oil and gas resources on oil and gas companies in Cameroon.
According to John La Master et al, low oil prices are creating an increasing number of distressed sellers and an increasing number of opportunistic buyers including some who have not participated in the oil and gas industry. Sale and purchase agreements relating to oil and gas assets are highly specialized, reflecting the unique nature and characteristics of the industry itself.[52] This research dwells on the effects of unauthorized sale of oil and gas resources on oil and gas companies.
To Mark L.Robinson, marketing for the largest oil companies referred to as “big oil” begins with a historical perspective looking at how Big Oil came to be and then analyze the marketing and corporate branding programs of these oil titans to demonstrate what does and does not work, showing us how even the largest companies sometimes fail to get their message across. He explores the industries use of social media, mobile e-commerce, advertising, app development and more.[53] While Robinson writes about marketing of oil and gas of big companies, this study focuses on the effects of oil unauthorized sale of oil and gas resources in Cameroon.
To Sashe D. Dimitriff, local government control over oil and gas production is not permitted by state law, except for local zoning inputs that some states allow local government control over where and when oil and gas production and sales activities can take place to prevent residential neighborhoods from noise pollution, industrial traffic, or perceived health hazards. The United States recognizes the oil and gas rights as usually owned by private individuals, corporate entities and native American tribes. However state, local or federal government can also own surface rights and subsoil oil and gas rights, unless explicitly served by deed or other instruments, oil and gas rights are owned by the surface land owner.[54]
This study however is focused on ascertaining the effects of illegal sale of oil and gas resources on oil and gas companies in Cameroon. The regulation of oil and gas exploration, drilling, sale transportation and production are often overlapping local, state and federal laws rules and regulations. When it comes to regulatory changes, the body of common law changes from state to state and within the federal system as new issues rise and are adjudicated. While the body of law and regulation is relatively stable, at any given point across the entire United States, rules and regulations of any given state are always subject to change and modification to meet health and environmental safety measures while encouraging responsible development of domestic oil and gas resources.[55] The US Environmental Protection Agency, (EPA) unconventional oil and gas plays a key role in the nation’s clean energy future. They make sure unconventional oil and gas extraction does not come at the expense of public health and environment.[56]
This study recognizes and applauds the works of the above authors for contributing to the body of knowledge in their respective areas. However, they fail to appraise the effects of unauthorized sale of oil and gas resources on oil and gas companies in Cameroon, hence the reason for the study’s relevance.
1.6.1 Gaps in literature.
From the literature review, it is clear that past researchers in oil and gas look at this area in the aspect of illegal oil bunkering,[57] illicit fuel trading,[58] ownership rights over oil and gas[59] and environmental impacts,[60] while others approach it from the view of oil and gas theft. Others even look at it from the point of view of creating jobs for hundreds of families and sustaining many families.[61] This study approaches it from the point of view by focusing on the protection of authorized companies engaged in legal oil and gas activities. This study by relying on the legal, conventions, treaties and institutional framework regulating oil and gas Cameroon, appraises the measures put in place to combat unauthorized sales and protect the interest of duly licensed companies in the oil and gas sector. Despite the regulations postulated in the Petroleum and Gas code and other relevant conventions and treaties, there still exist a lot of unauthorized sales of oil and gas resources by private individuals which greatly hinder and negatively affect the activities and businesses of oil and gas companies in Cameroon
Although past researchers look at this subject in the light of ownership doctrines and environmental impacts in the oil and gas sector, they did not state how these activities hinder authorized companies. This study is also aimed at suggesting and providing remedies which will go a long way to adjudicate and deter unlicensed dealers in the oil and gas sector whose unauthorized sales gives a great blow in the legal transactions and activities of authorized companies in the Cameroon oil and gas sector
Furthermore, most of the above literature review was confined in jurisdictions like the United states of America and Nigeria. This study however focuses on the effects of unauthorized sale with oil and gas resources in Cameroon and on how those illegal sales obstruct those of licensed operators. This research will be hence beneficial to the Cameroonian economy and the world at large.
1.7 THEORETICAL FRAMEWORK
This research makes use of the” Resource Curse and Abundance theory”, the Greed versus Grievance theory and Game Theory.
1.7.1The Resource Curse and Abundance Theory.
The resource curse theory (also known as the paradox of plenty) was initially coined by economic geographer Richard Auty in 1993[62]. It has been defined as “the perverse effect of a country’s natural resource wealth on its economic, social and political well -being.” [63] to Ross, the resource curse is overwhelmingly an oil curse and can be traced back to the 1980s. There are two different meanings of this resource curse which can be distinguished; the economic resource curse and the political resource curse.[64]
The economic curse is introduced as “one of the stylized facts of our time “indicating that resource rich countries turn to grow slower than their resource poor counterparts. The main economic curses for this type are Dutch disease models,[65] social and environmental problems,[66] limited government capture of benefits, conflict corruption and rent seeking models. The political resource curse analyses the tendency of regimes richly endowed with natural resources to be more authoritarian and more prone to civil wars than those without such resources.[67] As Frederick (Rick) Van der Ploeg[68] puts it:
It refers to the failure of many resource rich countries to benefit fully from their natural resource wealth and for governments in these countries to respond effectively to public welfare needs.
While one might expect to see better development outcomes after countries discover natural resources, resource rich countries turn to have higher rates of conflicts and authoritarianism and lower rates of economic stability and economic growth compared to their non- rich resource neighbors.[69] Oil resource curse and abundance create new socio-economic relations and social relations such as denial of livelihoods, social exclusion and power struggles in oil communities thereby fueling violent conflicts as groups and actors struggle for local control. The idea that abundance of natural resource and in particular oil causes poor growth and raises the incidence, intensity and duration of conflict, while oil abundance has been considered beneficial to economic and political development, the recent poor economic performance of oil exporters and the growing incidents in mineral rich economies has revived the idea that their resource abundance maybe more of a curse than a blessing.[70]
1.7.2 The Greed and Grievance Theory.
This theory was advanced by Collier. P. and A. Hoeffler in 2002[71]. They demonstrate that greed and opportunism occurs in oil resource (oil and gas) conflicts. There is a mixture of greed and grievance in most cases with grievance often the starting point. Such is the case of Niger Delta regions in Nigeria where the oil village communities are situated, most militant activities were not motivated by economic activities but primarily by grievance. However, the opportunities to plunder the oil resources that exist with their environment was too tempting to be resisted. This situation has created a grievance- greed mixture that has exacerbated the oil violent conflicts in the oil village counties of Nigeria. Therefore, both green and grievance as a mixture are important for analyzing natural resource violence.[72]
1.7.3 Game Theory.
Game theory[73] comes in two concepts, cooperative game theory which was invented by John Von Neumann and Oskar Morgenstern in their 1947 book which lays out the foundations of utility theory which is a central element in decision theory. Cooperative game theory assumes people will do what they say they will do. By 1950s Mathematician John Nash had extended the field to create non cooperative game theory, which addresses how people and organizations interact in an effort to attain their own goal. To Nash, promises are kept by people or organization. only when they believe it is their interest. In the oil and gas industries, there is what is known as the oil producer’s dilemma where two players independently choose between alternatives. The dynamics of this classical game has been cast on the oil producer’s dilemma in which two oil producing countries produce the amount of oil that each believes will maximize its oil revenues. The two countries are assumed to provide a dominant proportion of the world’s total production, that is, their production determines the price of oil. Game theory in the oil and gas industry tends to fit one of three broad classes. First is competitive bidding where companies re competing for limited opportunities. Second is the joint venture partnership where several companies must cooperate to bring a project or other opportunity to fruition. The third is negotiation among partners, customers, suppliers and government, where each party is trying to obtain the largest possible share. Game theory can provide insights on each of the classes.
Under Competitive bidding,[74] bidding in auctions are classic game theory problems. In the oil and gas industry newest major opportunities are made available by host countries through a sealed bid process. Once a company understands the value it sees in an opportunity, game theory will help the company understand how to capture that opportunity without sacrificing the vary value it wishes to capture. The analysis will help shed light on how the seller (usually a national government) views the payoff based on its objectives what trades off and the amount that other players may be willing to offer.[75]
Under Joint ventures,[76]Most major projects and opportunities in the oil and gas industry are structured as joint ventured competitors. A typical partnership could consist of several major international energy companies, national oil companies, he government and other investors. Partners mostly have conflicting objectives but find a common ground to agree and proceed with the effort. Game theory provides a methodology to evaluate the games and develop strategies and tactics to win or achieve the best attainable outcome. Under Negotiations,[77]Game theory can help a company understand its position, its degree of power and the leverage points it can use to attain the best outcome. Game theory allows the analyst to look at the negotiations from all sides and discover key tradeoffs and acceptable terms. Game theory analysis can reveal ways to change the game possibly creating win/win solutions. Negotiators armed with a thorough game theory analysis have a significant advantage in understanding their best alternative.
1.8 JUSTIFICATION FOR THE STUDY.
Firstly, the 1999 Petroleum Code[78] and the 2002 Gas Code[79] and other relevant legislations states that, for an individual to engage in oil and gas activities, there must be authorization duly approved by the state through the Ministry of Mines, Industries and Technological Development. However the law is lacking when it comes to effectiveness because unauthorized sale of oil and gas is rampant in the community.
Cameroon suffers the problems of illegal sale of oil and gas resources as many private individuals do not follow the provisions of authorization before engaging in oil and gas activities. If no changes are made, the future of Cameroon oil and gas industry will be jeopardized-hence the need for this research.
Also, oil and gas plays a huge part in the revenue of the state, it brings development to places were such resources are found, it also provides employment to national citizens and thus improve the economic standards and better the living conditions of the countries gifted with such resources. It is thus necessary to protect and preserve within Cameroon and suggest policy recommendations for operators dealing with this precious resources for the betterment of industry. This is done by hindering the activities of unauthorized operators, hence the reason for this study.
1.9 SIGNIFICANCE OF THE STUDY.
This research is relevant because it suggests recommendations which the state can use to better protect the interest of licensed operators in the Cameroonian oil and gas sector[80] and awaken the consciousness of the state towards implementation and enforceability of its already existing laws in the oil and gas sector. It will highlight the pressing need for changes in policies in the oil and gas sector which for a longtime has interfered with the activities of authorized operators and preventing huge sums of money to be added in the states revenue.
This research is relevant to the Cameroon government in that, its change strategies and policy recommendations will help increase watchfulness in the legal system in the oil and gas sector. It creates awareness, remind and bring to the notice of the government of Cameroon problems faced by the oil and gas sector which has a huge positive impact in the growth of the economy. This research will add to existing knowledge by examining the illegal activities faced by authorized operators in the Cameroonian oil and gas sector and breach the existing gap by providing remedies to eradicate such prohibited and degrading activities.
Furthermore, this research serves as a reference to legal scholars who have an interest in being oil and gas law experts in particular and law experts in general. It will help increase, broaden and awaken their knowledge in the unauthorized dealings on oil and gas resources.[81]
This research is relevant to the foreign or international communities in that it’ll give them an existing knowledge on what goes on in the Cameroon oil and gas sector and help them make informed decisions in the same especially when exploring or exploiting oil and gas especially when investing and getting a license to indulge in such operations. This research also seeks to contribute and broaden to existing knowledge of illegal sales with oil and gas resources in Cameroon. To protect the environment from pollution, degradation or any harmful resources since the oil and gas obtained illegally is usually not of merchantable quality. Oil and gas are dangerous and risky resources which have unimaginable aftermath if handled negligently. And if there is no duty of care from the part of the operators, or if this duty is breached, the implications will be overwhelming to users.[82]
This research also advocates for the protection of the rights of authorized companies in the oil and gas industry in Cameroon whose rights are being infringed on a daily basis by unauthorized operators on oil and gas resources.
1.10 SCOPE OF THE STUDY.
This research is restricted to Cameroon and limited to the Fako Division of the South West Region of Cameroon. Cameroon is endowed with rich natural resources including oil and gas, minerals, high value species of timber, and agricultural product such a coffee, cotton, cocoa, maize and cassava,[83] with oil and gas being the highest natural resource for exchange in the country.
Fako Division is located in the South West Region. There are four sub divisions in Fako Division; Buea, Limbe, Muyuka and Tiko.[84] This research is confined to Fako Division because the south west region is gifted with natural resources[85] with the main refinery still in the Fako Division. More so, many illegal sale of oil and gas resources go on, on a daily basis Fako Division
Thematically, this research is limited to the illegal sale of oil and gas resources in Cameroon. This research also contributes and broadens to existing knowledge of the effects of illegal sales with oil and gas resources in Cameroon. To protect the environment from pollution, degradation or any harmful resources since the oil and gas obtained illegally is usually not of merchantable quality.[86]The state acting through the Minister of Mines, Industry and Technological Development retains ownership over oil and gas yet private individuals continue to indulge in illegal dealing in oil and gas. The state should provide adequate measures to eradicate such unauthorized sale of oil and gas. This scope is justified because unauthorized sale of oil and gas resources is rampant in Cameroon.
The geographic scope has to do with the physical locations to which the research is undertaken. It refers to the location of the problem. This study is limited to Fako Division and was chosen because was chosen because of the rampant sale of illegal oil and gas resources in the Fako Division
Periodically this research dates back from 1970 to 2022, the reason is because during the late 1970s, oil output especially crude oil emerged the major determinant of the national economy. The sale of contraband oil has been existing since 1972 when Cameroon started the production of oil and gas resources.[87] However the purchase, importation and sale of contra banned fuel commonly known as “funge” escalated in 2008[88] when there was a fuel crisis in Cameroon, this led to the scarcity of fuel and thus a hike in the price of fuel. Many private individuals resorted to the purchase of illegal contra banned fuel imported from Nigeria. Most Cameroonians after being antagonized by the price hike of oil and gas, resorted to illegal dealings in oil and gas resources giving that the contra ban fuel is cheap. The 2008[89] price hike in fuel prices led to violent antigovernment protest which killed at least six people after four days of unrest in Western towns including Douala were riots blocked streets. The unrest was in response to the price hike of fuel.
This study will help determine and better understand the consequences of unauthorized sale of oil and gas in Cameroon and give way for plausible changes and recommendations in enforceability and implementation in the legal and institutional framework governing oil and gas in Cameroon.
1.11 LIMITATIONS OF THE STUDY
The main challenge encountered by the researcher was that since Cameroon is a bilingual country, there are some legislations and documents which are written only in the French language.[90] This made it difficult for the researcher to retrieve information from such legislation. To overcome this challenge, the researcher made use of platforms such as Google- translate to translate the provisions of this legislation.[91]
Difficulty in obtaining information from illegal operators during interviews for fear of their personal information being revealed. The researcher overcame this problem by assuring them that their personal information will be kept anonymous.
Secondly, the multiple lookdowns imposed during the Anglophone crises limited the movements of the researcher in obtaining information especially during structured and unstructured interviews of legal and illegible operators in the oil and gas sector in various towns of the Fako Division. The researcher overcame this problem by accessing this towns after the lockdown periods elapses.
Another limitation faced by the researcher is that, there is little or no literature on the subject matter impacts of unauthorized sale of oil and gas as such the researcher borrowed materials from foreign sources to ensure the smooth continuation of the research.
There slow and unavailability of network in Cameroon, the on and off nature of network especially MTN also acted as a stepping stone to the researcher’s research. The researcher overcame this difficulty by sometimes switching networks and SIM cards (from MTN to Orange, from Orange to Nextel and sometimes back to MTN) in other to access the internet. The researcher also downloaded relevant material to her field of research, studied and typed out the research work during the absence or the one and off nature of networks.
1.12 CONCEPTUAL DEFINITION OF KEY TERMS
1.12.1 Illegal
The Black’s Law Diction[92] defines the term illegal as, not authorized by law, illicit, unlawful, contrary to law, forbidden by law or not according to law.
1.12.2 Sales
Sale consists in the passing of title of goods from the seller to the buyer for a price.[93]
Any transfer of title, possession, or both, are provided in exchange for monetary consideration. It’s a transaction whereby one party, sells, grants, transfers, conveys or relinquishes their possession and ownership rights of any property thereof in exchange for monetary consideration.[94] In the context of this work, for a private individual to engage in the sale of oil and gas, he/she must have a license and permitted by the state to engage in the sale of oil and gas.
1.12.3 Oil and Gas
Oils are a mixture of mainly of pentanes and heavier hydrocarbons possibly contaminated with Sulphur compounds, that are recovered or recoverable at a well from an underground reservoir, and is liquid at the conditions under which its volume is measured or estimated and includes all other hydrocarbon mixtures recoverable except raw gas.[95] Natural gas are all fluid hydrocarbons, before and after processing, that are not defined as petroleum, and includes hydrogen sulphide, carbon dioxide and helium produced from a well.[96]
Oil and gas are the liquids and gaseous forms of petroleum, a chemically complexed substance composed of hydrogen and carbon with trace amounts of oxygen, nitrogen, and Sulphur. Petroleum occurs in gaseous liquids and solid states, depending upon its physical composition, temperature and pressure.[97]
1.12.4 Natural Resources.
These are quantities of hydrocarbons estimated to be potentially recoverable from undiscovered accumulations by application of future development projects. They have both a chance of discovery and development.[98] Natural resources are raw materials extracted from the soil. there are found naturally embedded in the soil and can only be modified by man for his own benefit and use.[99] It consists of fossil fuels, coal, oil, natural gas, gold, iron. Diamonds, copper and minerals. They are a gift of nature and an endowment and comfort that makes the existence of mankind complete.[100]
1.13 SYNOPSIS OF THE CHAPTERS.
This thesis is made of five chapters. Chapter one deals with background to the study, statement of the problem, research questions, (general research question and specific research questions), research objectives (general objective and Specific objectives),research methodology, literature review, gaps in literature, theoretical framework, justification for the study, significance of the study, scope of the study, limitations of the study, conceptual definition of key terms, synopsis of the chapters.
In its chapter two, the researcher examines what the concept of sale of oil and gas resources and the illegal sale of oil and gas resources. It is made up of; introduction, examine how the concept of sale is perceived, the concept of sale in the sale of goods act 1979, the concept of sale in the OHADA Uniform Act on General Commercial Law, activities subject to authorization in the oil and gas domain, discourse on what is meant by illegal sale in the oil and gas context, effects of illegal sale of oil and gas resources on oil and gas companies, the government and the population of Cameroon,(nonpayment of taxes,decreases their profit maximization, convert their potential customers,sale of cheaper resources,reduces the quantity of oil and gas resources.)
Chapter, three examines the legal, institutional and policy frameworks regulating the sale of oil and gas resources in Cameroon. It comprises of the 1999 petroleum code, the 2002 gas code, the Cameroonian constitution, the 1974 land tenue ordinances, the 2016 penal code. The institutional frameworks regulating the sale of oil and gas resources in Cameroon; the Ministry of Mines, Industries and Technological Development, National Hydrocarbons Company established in March 1980,the courts, the Ministry of the Environment, operation HALCOMI, Custom measures, seizures, border tightening measures.
Chapter four examines challenges faced by the state, oil and gas companies and the population in the Fight against the Illegal sale of oil and gas resources in Cameroon. (pollution and degradation on the environment, bribery and corruption, high demand for contraband fuel, globalization, weak laws and limitation in its enforcement, selling resources which are not merchantable. This chapter will also look at the possible remedies to stop unauthorized sale of oil and gas in Cameroon; enforceability of laws, met out harsh sanctions, fines and imprisonment terms, fight against corruption and bribery, seizure and ban of illegal fuel or gas and conclusion.
Chapter five consists of summary of the findings, conclusion and recommendation of the research. These policy recommendations are made to awaken the governments awareness of unauthorized dealings on oil and gas resources in Cameroon and how to combat such illegal dealings and so doing safeguard the benefits and rights of authorized companies in the Cameroonian oil and gas sector.
LIST OF CASES
Bishopsgate Motor Finance Corporation Ltd v. Transport Brakes Ltd (1949)1 KB 322 All E.R.
Egbe Maureen Arrey v Ruth Enyong, Elf oil Cameroon, SONARA, SCDP & Anor (1997) Suit No. HCK/11/94, 1 CCLR (200)
EP Hubbard, Re Hardwick (1886)17 Q.B.D 690 (C.A).
Kino v Prestige Philately & John Matthey (Aust) Ltd v Dascorp Pty Ltd and others 92014)
Larner v Fawcett (1950) Suit no. HCK/11/94, 1 CCLR (2000)
Stevenson v. Rogers (1999) All ER 620
LIST OF STATUTES
The Sale of Goods Act 1979
The OHADA Uniform Act on General Commercial Law 2010
Law No. 2015/018 of December 21, 2015 Governing Commercial Activities in Cameroon-
Law No. 2 Law Law No. 2016/007 of July 12, 2016 Relating to the Penal Code
002/013 of the 30 of December 2002 to institute the Gas Code
Law No. 96/06 of the 18 of January 1996, to amend the 1972 Cameroonian Constitution
The 1974 Land Tenue Ordinances
Law No. 99/013 of 22 December 1999 to institute the Petroleum Code as Amended
No. 96/12 of the 5 of August 1996 relating to Environmental Management
LIST OF ABBREVIATIONS/ ACRONYMS
CRADEC African Regional Centre for Community and Endogenous Development
CONAC Commission Nationale Anti-Corruption / National Anti-Corruption Commission
GC Gas Code
HALCOMI Halt Illicit Trade .
MM Minister of Mines
MINMIDT Ministry of Mines, Industries and Technological Development
MINEPDED Ministry of the Environment, Nature Protection, and Sustainable Development
OHADA Organisation pour L’harmonisation en Afrique du Droit des Affaires/ Organization for the Harmonization of Business in Africa
ONACC Observatoire National sur les Changements Climatiques/ National Observatory on Climate Change
OPEC Organization for Petroleum Exporting Countries
PC Petroleum Code
PSC Production Sharing Contracts
SNH National Hydrocarbons Corporation
SGA Sale of Goods Act 1979
Footnotes
[1] Harvard Devold, Oil and Gas Production Handbook, an Introduction to Oil and Gas Production, Transport, Refining and Petrochemical. Edition 3.0, Oslo, August 2013 at p1
[2] O. Ibeanu, Affluence and Affliction- The Niger Delta as a critique of Political Science in Nigeria, an Inaugural lecture delivered at the University of Nigeria , Nsukka on February 20, 2008.
[3] D., Yergin, The Price: the Epic quest for Oil Money and Power, 1st ed, New York Free Press, 2008 at pate 3
[4] V., Smil, Oil: A Beginners Guide, Oxford: One world Publications 1st ed.2008, at page 1
[5] M.O., Feryide, Oil in World Politics. The J.I.C Taylor Memorial Lectures Series (Lagos: University of Lagos, 13th and 14th March,1986)
[6] Ibid.
[7] Petroleum Technology Journal [ISSN1595-9104]: An International Journal; July 2013 vol.3 No.2
[8] Bastianoni, S., Camped bel, D., Susani, L. & Tiezzi e., 2005. The Solar Transformity of Oil and Petroleum Natural Gas. Ecological Modelling, volume 186. Pp 212-220 at p212
[9] Yergn, D., The prize: The Epic Quest for Oil Money and Power, New York free press1991. P13
[10] ibid
[11] The Fortune Global Magazine is a magazine which has been published annually since 1954. It is based on the total Revenue of an enterprise and its performance and also serve as an important indicator to assess their business strengths and international competitiveness.
[12] XJ Long, Comparative Study on the Fortune Global 500, 2016, Basing on the 2005 to 2015 Ranking Open Journal for Business and Management Vol4, pp 763-777, p763.
[13] David Freeman Hawke, D. John: The Founding Father of the Rockefellers (New York Harper and Row) pp 2-6, 27
[14] Aminu Hassan, “A review of the Global Oil and Gas Industry” A Concise Journey from Ancient Times to Modern World. Petroleum Technology Development Journal, An International Journal, vol. 3, No.2 2013 pp. 123 – 125:p123
13Whitney, G., 2009. Fossil fuels, Microsoft student [DVD], pp. Redmond, WA: Microsoft Corporation.
[16] Energy-Quest, 2010. Energy story; Fossil fuels- Coal, Oil and Natural Gas. Available at http//www.energyquest.c.agov/story/chapter08.htm accessed on December 28, 2020 at 11:31AM.
[17] Wright, C.J. & Gallun, R.A, 2008. Fundamentals of Oil and Gas Accounting, 5th Edition ed Oklahoma: Penn Well Corporations.
[18] S. Bastianoni, , D.Campbel , L. Susani, & E. Tiezzi, , Op Cit note 7
[19] Ibid.
[20] Cone, A. & John, W.R., 1970. Petrolia: A brief History of Pennsylvania Petroleum Region. New York D, Appleton.
[21] Nico Hlle, “Oil and Gas Regulations in Cameroon strategy published by Nico Halle Law Firm. On May 14th 1998)
[22]Fazao, K.F, Fotso, L,, Djieto-Lordon, A. et al. Hydrocabon Inventory of the Eastern part of the Rio Del Rey Basin using Seismic Attributes. Journal of petroleum Exploration and Production Technology 2018, vol.8, pp 655-665
[23] Law NO. 95/13 of 08/8/ 1995 laid down special measures for the promotion of the production of liquid hydrocarbons in Cameroon.
[24] Nico Halle, “Oil and Gas Regulations in Cameroon – strategy Cameroon. (published on May 14th 1998)
[25] Law No. 99/013 of the 22nd of December 1999 instituting the petroleum code,
[26] Law No. 2002/013 of 30th December 2002, instituting the Gas code
[27] Law No. 2016/007 of July 12, 2016.
[28] Ordinance No. 74/1 of 6th July 1974
[29] (1992)
[30] (1982)
[31] Unauthorized sales with oil and gas resources in this context means the sale of oil and gas without authorization pursuant to Article 21 of the Cameroonian Gas code. Also, failure to obtain due authorization or license is considered an offense under section 54 of the Cameroonian Gas Code.
[32] Cameroon- Fight Against Sale of Illicit Fuel: Available at, www.cameroon-info.net/article/cameroon-fight- against-sale of-illegal-fuel-3511876 Accessed on the 20th of January 2021.
[33] Bernard Mommer; The Governance of International Oil: The changing Rules of The Game, Oxford Institute for Energy Studies, 2000, P26.
[34] Qualitative Research Law and Legal Definition; Available at, https://defintions.uslegal.com/q/qualitative-research Accessed on the 28th of January 2021 at 7:45 4AM
[35] Qualitative Research Law and Legal Definition; Available https://defintions.uslegal.com/q/qualitative-research Accessed on the 28th of January 2021 at 7:59 4AM
[36] Insight by Claire Tiley, 11th April 2017
[37] Andre Queiros, Daniel Faria, Fernando Almeida: Strengths and Limitations of Qualitative and Quantitative Research Methods: European Journal of Education Studies- Volume 3/Issue 9/2017,p370
[38] J. A. Maxwell, “Qualitative Research Design: An Interactive Approach” ( California:SAGE publications inc.) , 3rd ed. 2013. P121-138:121
[39] M. Douglas, “Sources of data” 2015. https://www.academia.edu/ primary- and- secondary- sources- of- data retrieved on January 28, 2021 at 4:36PM
[40] Ibid.
[41] Illegal oil bunkering is the unauthorized carting away or stealing of petroleum products by individuals, organized gangs and other vested interests for personal aggrandizement (exaltation or enlargement) for the detriment of the enter society. See Kunle Amuwo, Oil and Gas: National Sovereignty, Foreign Interest and Local Bunkering in the Gulf of Guinea: journal of Political and International Affairs (CUJPIA) Vol. 1, No. 2, December 2013 pp.148 – 150:p148
[42] Wasiu Abiodun Balogon, Crude Oil Theft, Petro-Piracy and Illegal Trade in Fuel: An Enterprise Value Chain perspective of Energy- Maritime crime in the Gulf of Guinea, Approved PhD Thesis: A Dissertation Submitted to the Department of Politics Philosophy and Religion, Lancaster University, United Kingdom, 2018 pp.216 – 218:p216
[43] Section (1) of the RCW (Revised Code of Washington) Title 78, Chapter 78.52, section 78.52.467
[44] Illegal Oil Gas or Product Sale, purchase, etc. Prohibited Seizure and Sale. RCW 78. 52. 467
[45] Illegal Oil Gas or Product Sale, purchase, etc. Prohibited Seizure and Sale, Section (2) RCW 78.52.467
[46] L.K Hoffman and P. Melly, Nigeria’s Booming Borders: “The Driver and Consequences of Unrecorded Trade”, Chatham House Report 2015 p43-48:p43
[47] Wasiu Abiodun Balogon, Crude Oil Theft, Petro–Piracy and Illegal Trade in Fuel; Value Chain perspective of Energy- Maritime Crimes in the Gulf of Guinea: A Dissertation Submitted to the Department of Politics, Philosophy and Religion (PPR)Lancaster University, Lancaster United Kingdom. pp 216 – 238:p216
[48] Cameroon- Fight Against Sale of Illicit Fuel: Custom/ Navy Officials Seize Over 5000 Litres of Illicit Fuel; Available at, www.cameroon-info.net/article/cameroon-fight- against-sale of-illegal-fuel-3511876 Accessed on the 20th of January 2021.
[49] Abilabi Colbert, “An appraisal on the Protection of the Right to a Healthy Environment by the State of Cameroonian the Oil and Gas Industry”, International Journal of Trend in Scientific Research and Development 2021. vol. 5, No.1 Pp. 198-205
[50] Ibid.
[51] Rumarick Awa. M., An Appraisal of Ownership Rights over Oil and Gas Resources in Cameroon: The Case of the South West Region; A Thesis Submitted to the Department of English Law, Faculty of Laws and Political Science of the University of Buea, Nov. 2020
[52] John La Master et al, “Oil and gas Sale and purchase Agreements: SPAs for international Oil and Gas Acquisitions and Divestitures”, 2nd edition,Nov. 2020, Rule 2. 420, p.179
[53] Mark L. Robinson, Marketing Big Oil: Brand Lessons from the World’s Largest Companies,2014 PP.300-520: 153
[54] Sashe D. Dimitriff, “Oil and Gas Regulations in the United States: overview of ownership”, available at https://content.next.westlaw.com accessed on April 22nd at 10:15am
[55] ibid
[56] Unconventional Oil and Natural Gas Development/US EPA. Available at https://www.epa.gov/uog Accessed on April 22nd at 10:36am.
[57] Illegal oil bunkering is the unauthorized carting away or stealing of petroleum products by individuals, organized gangs and other vested interests for personal aggrandizement (exaltation or enlargement) for the detriment of the enter society.
See Kunle Amuwo, Oil and Gas: National Sovereignty, Foreign Interest and Local Bunkering in the Gulf of Guinea: Covenant University journal of Political and International Affairs (CUJPIA) Vol. 1, No. 2, December 2013 at pages 148 to 150.
[58] Wasiu Abiodun Balogon, Crude Oil Theft, Petro-Piracy and Illegal Trade in Fuel; (note 51)
[59] Ibid, Ruarick Awa M. (note 51)
[60] Ibid, Abilabi Colbert (note 49)
[61] Wasiu Abiodun Balogon, Crude Oil Theft, Petro-Piracy and Illegal Trade in Fuel; Value Chain perspective of Energy- Maritime Crimes in the Gulf of Guinea at page 218
[62] Micheal L.Ross , The Political Economy of the Resource Curse: A Review, 2014 at p. 239-241:239
[63] Ibid.
[64] Humpreys M, et al, Introdution in Escaping the Resourse Curse (Columbia University Press, 2007)
[65] A large increase on natural resource revenue can hurt other sectors of the economy, particularly export-based manufacturing by causing inflation or exchange rate appreciation and shifting labor and capital from the non-resource sector to the resource sector.
[66] Van der Ploeg, Rick, Natural Resources: Curse or Blessing?, CESifo Working Paper 3125 at: https://ideas.repec.org/p/ces/ceswps/-3125.html. See also Ross, Micheal, The Oil Curse (Princeton UP, 2012.)
[67] Mehrdad Vahabi. A critical survey of the resource curse literature through the Appropriability Lens. 2017. Available at https://hal.archives-ouvertes.fr/hal Accessed on April 22, at 10:34am
[68] Van der Ploeg, Rick, Natural Resources: Curse or Blessing?, CESifo Working Paper 3125 at: https://ideas.repec.org/p/ces/ceswps/-3125.html. Accessed on April 22, at 10:35am
[69] Ibid.
[70] Jonathan Di John, Oil Abundance and Violent Political Conflicts: A Critical assessment, The Journal for Development Studies, August 2007.Vol.43, No.6, pp.961-986:p961
[71] Collier, P. and A. Hoeffler “Resource Rents, Governance and Conflicts” Journal of Conflict Resolution. Vol.49, No.4 (2002) pp. 265-633:p265
[72] Ikelegbe A. “Civil Society Conflicts in the Oil Rich Niger Delta Region of Nigeria”, Nordiac Journal of African Studies, Vol. 14. No. 2, 2006 pp 208 – 234:p208
[73] Reidar B. Bratvold , Game Theory in the Oil and Gas Industry, University of Stavanger and Norwegian University of Science and Technology & Frank Koch, Chevron, 2017, p19
[74] Reidar B. Bratvold , “Game Theory in the Oil and Gas Industry”, University of Stavanger and Norwegian University of Science and Technology & Frank Koch, Chevron, 2017. P 19
[75] R.B Bratvold, S.H Begg, “Would You Know a Good Decision if You Saw One? SPE, The Way Ahead Vol. 5 No. 2, 2009. PP 21-23.
[76] Reidar B. Bratvold , Game Theory in the Oil and Gas Industry, University of Stavanger and Norwegian University of Science and Technology & Frank Koch, Chevron, 2017. P 20
[77] Ibid.
[78] Section 2 of the 1999 Petroleum Code as amended by the 2019 Petroleum Code.
[79] Sections 4 and 21 of the 2002 Gas Code.
[80] An example of such licensed operators in the Cameroon’s oil and gas sector is TOTAL.
[81] To get an example of such unauthorized dealings, please visit www.cameroon-info.net/article/cameroon-fight- against-sale of-illegal-fuel-3511876 Accessed on the 20th of January 2021.
[82] See the case of Egbe Maureen Arrey v Ruth Enyong, Elf oil Cameroon, SONARA, SCDP & Anor.
Suit No. HCK/11/94, Kumba 1997 (unreported)
[83] Cameroon-World Bank Group/ https:www.worldbank.org/en/country/Cameroon&sa=U&ved Accessed on the 19/2/2021
[84] Emmanuel Nzengung N., The Context and Concept of Individual and Household preparedness: The case of Fako Division in Cameroon, Nov. 2015. P38
[85] Cullier Verlag, “Competition for Resources in a Changing World: New Drive for Rural Development” (2008) International Research on Food Security, Natural Resources Management and Rural Development, pp.328-342:p328
[86] See the case of Egbe Maureen Arrey v Ruth Enyong, Elf oil Cameroon, SONARA, SCDP & Anor.
Suit No. HCK/11/94, Kumba 1997 (unreported)
[87] Hydrocarbons in Cameroon-SNH Available at https://www.snh.com/index.php/en/18-contenu-en/hydrocarbons-in-cameroon
[88] Cameroon’s Capital hit by violent protest, Available at https://www.france24.com/en/20080227-cameroon-douala-protests-riots-biya-yaounde-violence Accessed on January 20,2021 at 7:53am
[89] ibid.
[90] An example of such legislation is Law No. 2015/018 of 21 December 2015 Governing Commercial Activities in Cameroon.
[91] An example of such legislation is Order No. 039/MTPS/IMT of the 26th of November 1984, fixing general health and safety measures in the work place.
[92] Bryan A. Garner, Black’s Law Dictionary, 8th edition, 2009.
[93] Definition: Contract Agreement, Contract for Sale, Sale, present sale conforming to contract; Termination; Cancellation Available at https://www.law.cornell.edu/ucc/2/2-106 ccessed on the 19/2/2021
[94] ibid.
[95] BC Oil and Gas Commission: Oil and Gas Glossary and Definitions: “BC Oil and Gas Commission”, version 1.11 published December 2020 at p. 27
[96] Ibid at p. 26
[97] J.S. Lowe, “ Oil and Gas Law in a NUTSHELL”, 5th edition, 2009 at p. 1
[98] BC Oil and Gas Commission, version 1.11 published December 2020 at p. 33
[99] T Okonkwo, “Ownership and Control of Natural Resources under the Nigerian Constitution 1999 and its Implications for Environmental Law and Practice”. 2017, International Law Research; Vol.6 No.1
[100] L. Aladeitan, “Ownership and Control of Oil, Gas, and Mineral resources in Nigeria: Between Legitimacy and Legality” 2013, Thurgood Marshall Law Review, vol. 38:159 at pp 194-197:197
Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.
