SECTION SIX
PROMOTION AND PROTECTION OF PEOPLES’ RIGHTS: - ARTICLES 19-24
CHAPTER 17: - Articles 19 & 20 - Rights of all Peoples to Equality, Existence and Self-Determination.
1. Constitutional Measure
Although the Constitution of the Federal Republic of Nigeria 1999 does not
expressly guarantee this right, the cumulative effect of Sections 14-17 is that the Nigerian
State shall direct its policy towards ensuring that: a)
b)
The security and welfare of the people shall be the primary purpose of
government;
The composition of the Government of the Federation or any of its agencies
and the conduct of its affairs shall be carried out in such a manner as to reflect
the federal character of Nigeria and the need to promote national unity and
command national loyalty, thereby ensuring that there shall be no
predominance of persons from a few States or from a few ethnic or other
sectional groups in that Government or in any of its agencies.
The composition of the Government of a state, a local government
council, or any of their agencies and the conduct of their affairs shall be carried
out in such a manner as to recognize the diversity of the people within its area
of authority and the need to promote a sense of belonging and loyalty among
all the peoples of the Federation.
c)
The Nigerian State shall foster a feeling of belonging and of involvement
among the various peoples of the Federation, to the end that loyalty to the
nation shall override sectional interests.
d)
In furtherance of the preservation of social order, every citizen shall have
equality of rights, obligations and opportunities before the law; the sanctity
of the human person shall be recognized and human dignity shall be
maintained and enhanced. Government actions shall be humane and the
exploitation of human or natural resources in any form whatsoever for
reasons, other than the good of the community, shall be prevented.
2. Judicial Measure: - Trend of Case Law
SERAC v. Nigeria (ACHPR 2001) AHRLR 60: - In this case, the Government of Nigeria through
its state-owned oil corporation, Nigeria National Petroleum Corporation (NNPC) and a multinational
company, Shell Petroleum Development Corporation, was alleged to have caused server
environmental degradation to the Ogoni People. The land and water sources were poisoned as a
result of oil exploration, thereby making farming and fishing (the two principal means of livelihood
of the Ogoni) impossible. The complainant also alleged that Nigerian government condoned the
violations because despite several petitions, the government failed to ask the oil companies to
conduct environmental or social impact studies of its activities.
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