CHAPTER 18: - Rights of all Peoples to Control their Natural Resources and to Freedom from Foreign
Economic Exploitation: - Article 21.
1. Constitutional Measure
Though the Nigerian Constitution does not declare or guarantee the above rights, the
combined effect of sections 14-20 is that the State shall direct its policy towards ensuring
that : a) the State shall, within the context of the ideals and objectives for which
provisions are made in this Constitution - harness the resources of the nation
and promote national prosperity and an efficient, dynamic and self-reliant
economy; control the national economy in such manner as to secure the
maximum welfare, freedom and happiness of every citizen on the basis of social
justice and equality of status and opportunity; without prejudice to the right of
any person to participate in areas of the economy within the major sectors of
the economy, protect the right of every citizen to engage in any economic
activities outside the major sectors of the economy.
b) the State shall direct its policy towards ensuring: - the promotion of a planned
and balanced economic development; that the material resources of the nation
are harnessed and distributed as best as possible to serve the common good;
that the economic system is not operated in such a manner as to permit the
concentration of wealth or the means of production and exchange in the hands
of few individuals or of a group.
c) a body shall be set up by an Act of the National Assembly which shall have
power - to review, from time to time, the ownership and control of business
enterprises operating in Nigeria and make recommendations to the President
on same; and to administer any law for the regulation of the ownership and
control of such enterprises.
d) exploitation of human or natural resources in any form whatsoever for reasons,
other than the good of the community, shall be prevented.
2. Legislative Measure
Furthermore, the Federal Government of Nigeria seeks to address the above through NEITI Act
2007: -
o Ensure due process and transparency in the payments made by all extractive
industry companies to the federal government and all statutory recipients.
o Monitor and ensure accountability in the revenue receipts of the Federal
Government from the extractive industry companies.
o Eliminating all forms of corrupt practices in the determination, payments, receipt to
and posing of revenues to the Federal Government from extractive industry
companies.
o Ensure transparency and accountability by government in the application of
resources from payments received from extractive industry companies.
o Ensure conforming with the principles of extractive industry transparency initiative
(EITI) in all activities relating to mining.
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