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. 100

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