Law and Development in Nigeria: A Need for Activism

Abstract

This article explores the use of law in development at two levels in Nigeria. Development as a state duty has been provided for under the constitution, thereby creating socio-economic rights for citizens, albeit rights which are unenforceable. Seven development policies drawn up at different times have all also invoked law in one way or another to facilitate the achievement of their respective objectives. Both cases reflect the international trend in their respective discourses. The first approach mirrors the international human rights regime, while the second mimics international development discourse. While the instrumental use of law is desirable, this article argues that it is inadequate. More needs to be done to supplement it. First, courts need to adopt a radical interpretation of the constitutional provisions to make socio-economic rights enforceable. Secondly, people need to be active citizens through participation in the development process.

Biafra Renaissance and the Development Dilemma in Southeast, Nigeria

“…In connection with the socio-economic needs and ethno-regional interest, ethnic schisms have been a sort of constraint to development in Nigeria (Adekson, 2004, Lawan, 2011. In the context of development, group and ethnic identities are mostly constructed to compete for scarce national resources and opportunities (Olzak 1983, Adams, 1995, Nnoli, 1995, Oluwole, 2014.…”

“…Protests restrict the movement of people and socio-economic activities, which are essential for development in the society. Lawan (2011) notes that individuals should engage in socio-economic activities to improve their wellbeing. Thus, when restricted can deprive them the essentials for living.…”

“…Less in active participation in national election, call to boycott election in Nigeria (voting processes), and call for non-participation in census, especially the year 2006 census (Odunsi, 2017, Ujumadu, 2017, on the supposition that the Igbo states were not part of Nigeria, have great effect on the well-being of the people, especially in regards to revenue allocation. Ikelegbe (2005) and Lawan (2011) opine that revenue allocation is an essential component in development. These anti-citizenship activities negate inclusion of the south-eastern region, in developmental policies.…”

Edward Azar’s Protracted Social Conflict Theory and Drivers of Self-Determination: the Case of Nigeria

“…Individual and group's expectations from the state is increasingly dwindling, a growing fracture of state -people social contract (Folarin, 2020;Guardian, 2020). Critics of the country argue that the country is experiencing freewheel trajectory course, most especially amidst the mounting law and order dislocation and the attendant developmental deficit (Aljazeera, 2020;Campbell, 2020;Hendrix, 2016;Husted, Blanchard, 2020;Lawan 2011). Under the Nigerian constitution, the state is entrusted with the immutable responsibility to create and facilitate an enabling tranquil climate for socio-economic development and enhancement of the citizens.…”

Rights and Corporate Social Responsibility: Competing or Complementary Approaches to Poverty Reduction and Socioeconomic Rights?

“…Socioeconomic rights are intrinsically relevant to the characterization of poverty, while the instrumental value focuses on realization of such rights as a means to poverty reduction (McKay and Vizard 2006, p. 41-48). Following the ''law in development'' approach (Lawan 2011), this ''rights-based'' approach creates legal obligations and assumes that socioeconomic rights can be justiciable. On the other hand, the orthodox view of CSR is a set of beyond (legal) compliance obligations (Berliner and Prakash 2014, p. 291) businesses voluntarily commit to.…”