Challenges of Sustainable Development in Nigeria: Legal Perspectives*
by
Imam-Tamim, Muhammad Kamaldeen**
1.
Introduction
“The environment does not exist as a sphere separate from human actions, ambitions, and
needs, and attempts to defend it in isolation from human concerns have given the very word
“environment” a connotation of naivety in some political circles. The word “development”
has also been narrowed by some into a very limited focus, along the lines of “what poor
nations should do to become richer”, and thus again is automatically dismissed by many in the
international arena as being a concern of specialists, of those involved in questions of
“development assistance”. But the “environment” is where we live; and “development” is
what we all do in attempting to improve our lot within that abode. The two are inseparable”1
2
Gro Harlem Brundtland
There is an iota of truism in this assertion, thus, explaining why those who feel and
are concerned about the concept of sustainable development, tend to twine the rope of this
concept around the trunk of the protection and sustenance of our environment and ecological
resources. This is because, truly, the world is challenged by a changing climate, loss of
biodiversity, abject poverty and environmental degradation.3
While underlining the towering status acquired by the concept, it is discovered that
sustainable development as a concept, as a goal, and as a movement spreads rapidly and
presently forms the fulcrum of the mission of countless international organizations, national
institutions, corporate enterprises, “sustainable cities” and locales.4 According to Nitin Desai,
to appropriately tackle the issue of sustainable development, there are matters we have to
look at in the assessment because the emergence of the concept was an attempt to combine
environment and development.5 He stated further:
* Being a paper presented at the 2nd Faculty of Law Workshop themed Law and Sustainable Development in
Africa held at the University of Ilorin in December 2011.
** Lecturer at the Faculty of Law, University of Ilorin, Ilorin – Nigeria. Contacts: +234-703-44 999 44;
imamtamim@unilorin.edu.ng, lawyertamim@gmail.com.
1
World Commission on Environment and Development (WCED), Our Common Future, (Oxford University
Press, New York 1987) p.xi.
2
Pioneer Chairman, World Commission on Environment and Development (WCED) of the United Nations.
3
Gagnier Daniel, the chair of the Board of Directors of the International Institute for Sustainable Development
(HS), in an interview published in ISO Focus (March 2009) p.4.
<htt://www.iisd.org/pdf/2009/com_guest_view_dan_gagnier.pdf> accessed on 6 September 2010.
4
Kates R.W, Parris T. M, and Leiserowitz A.A, ‘What is Sustainable Development? Goals, Indicators, Values,
and Practice’ (2005) 47(3) Environment: Science and Policy for Sustainable Development, p. 10
5
Desai N, ‘Introducing Item 98: Environment and Sustainable Development’ (Being a statement delivered to
the Second Committee at a meeting held at New York on 29 October 2001) p. 3
1
In essence, when we talk of sustainable development, we are talking about two things: on the
one hand, of meeting needs; 6 on the other hand, of protecting the future ability to meet needs.
The first requires us to show results in terms of human condition, 7 here and now. The second
requires us to show results in terms of the actions taken to protect the resource base on which
the human condition depends – essentially, different dimensions of the protection of natural
resources and the environment. These are two dimensions: meeting needs and protecting the
natural resource and environmental dimension on which our capacity to meet the social and
economic developmental needs rests. What can we say of these two parameters of sustainable
development?”8
This makes it imperative to look beyond the protection of environment while considering
sustainable development in Nigeria.
It is the contention in this paper that though sustaining the environment and protecting
our ecological resources are important in the discourse of sustainable development; but in
Nigeria, there are other pressing issues whose ignore have critically hindered the achievement
of the desired sustainable development – including environmental protection. Thus this paper
first examines disjunctively and from definitional perspectives, the two keywords sustainability and development – that constitute the concept of sustainable development. The
intention is to examine whether the conjunctive use of these terms – to form sustainable
development – connotes environmental protection alone. Then the paper highlight the general
conceptualization of sustainable development as it is popularly propounded. Thereafter, the
paper examines, especially from the legal perspective, the challenges facing sustainable
development in Nigeria. The paper finally proffers recommendations and concludes.
2.
General Conceptualization of Sustainable Development / Elements of Sustainable
Development.
Sustainable development has become a much used phrase in international circles.9
Since the first Brundtland Commission’s definition of sustainable development, a number of
scholars and practitioners have articulated and promoted their own alternative definitions; yet
a clear, fixed, and immutable meaning remains elusive. This has led some observers to call
sustainable development an oxymoron, fundamentally contradictory and irreconcilable.10 The
6
Italics ours for emphasis
Underlining ours for emphasis
8
Desai N, ‘Introducing Item 98: Environment and Sustainable Development’, p. 3
9
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to information’ (a
paper delivered at the World Library and Information Congress: 76th IFLA General Conference and Assembly
held at Gothenburg, Sweden from 10-15 August 2010) p. 2.
10
Kates R.W, Parris T. M, and Leiserowitz A.A, ‘What is Sustainable Development? Goals, Indicators, Values,
and Practice’, p. 20.
7
2
term has become widely used that, in fact, “it is in danger of meaning nothing” because it has
been applied to all manner of activities in an effort to give those activities environmental
flavour and lining.11 Thus in common parlance, it is mainly used to mean observing the
richness of the earth’s biodiversity for future generations.12
While attempting to conceptualize the term ‘sustainable development’, the
International Institute for Sustainable Development13 posited that ‘the improvement of
economic efficiency, the protection and restoration of the environment and the enhancement
of the social well-being of people formed the basic tenets of sustainable development’.14
According to the developmental educationists, the term refers to ‘the reduction of hunger and
poverty in environmentally sound ways. It includes the meeting of basic needs, expanding
economic opportunities, protecting and improving the environment and promoting pluralism
and democratic participation’.15 In another instance, the term was described as relating to the
fulfillment of human requirements within a society while still maintaining the natural
environment indefinitely.16
According to Mintzer, though the essence of this form of development is a stable
relationship between human activities and the natural world, which does not diminish the
prospects for future generations to enjoy a quality of life, at least as good as our own yet
many observers believe that participatory democracy, undominated by vested interests, is a
prerequisite for achieving sustainable development.17
However, following the signing of the Agenda 21 by the United Nations Conference
on Environment and Development (UNCED), it became clearer that its directives
recommended the building up of the governing capacity of the State in every country,
11
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to information’,
p.2 citing Zencey, E., ‘Theses on sustainability’, (2010) Orion Magazine.
12
Joshi A, ‘Application of the Principles of Sustainable Development by the Indian Judiciary’
<http://www.ignou.ac.in/schools/soss/FINAL_SOSS_CONFERENCE/full%20papers/f1/Asha%20Joshi.pdf>
accessed on 6 September 2010. See also Lawrence Berkeley National Laboratory, ‘What is Sustainable
Development?’, Lawrence Berkeley National Laboratory’s ELSI (Ethical, Legal and Social Issues in Science)
Project <http://www.lbl.gov/Education/ELSI/sustain-main.html> accessed on 6 September 2010.
13
Hereafter referred to as IISD.
14
IISD, Sustainable Development Toolkit (1995) <http://iisd1.iisd.ca/educate/learn.htm> accessed on 8
September 2010.
15
Google.com, ‘Definitions of Sustainable Development on the web’
<http://www.google.ca/url?q=http:www.developmenteducation.ie/glossary/&sa=X&ei=Gx6FTcqAnwf45qzxDg
&ved=0CBYQpAMoAg&usg=AFOJCNFYOYEKiloxAYZSf2RHLyJDRy88JQ> accessed on 8 September
2010.
16
See Google.com, ibid, <http://www.google.ca/url?=http://www.aggregate.com/Glossary-ofterms/&sa=Xei=Gx6FT2FMcqAnwf45qzxDg&ved=0CBwQpAMoCA&usg=AFOJCNGZhuUBAawORV4F80
7YH9zZ8fd_9w> accessed on 8 September 2010.
17
Mintzer I.M, Confronting Climate Change: Risks, Implications, and Responses (Cambridge University Press,
London 1992). See also <http://www.globalchange.org/glossall/glosss-u.htm> accessed on 8 September 2010.
3
especially in developing countries, which includes Nigeria. The effective governance of the
State is observed in its ability to govern the citizens without any discrimination.18
Thus from the above, it is clear that the concept of sustainable development is not so
restrictive as to be limited in its application and scope to environmental protection. Moreover,
one common feature could be gleaned from all the various forms of conceptualizations of the
term. That is, the social and economic fulfillment of human requirement rather goes interparallel with the environmental and ecological protection.
3.
Definitional perceptions of the keywords in the concept 19
It is axiomatic that very few concepts are susceptible to a definition that would end all
definitions. Sustainable development has been regarded as an evolving dynamic concept with
many dimensions and many interpretations and appears to support the contention that there is
no need for one agreed definition but rather it should be seen as a “process of change that is
heavily reliant on local contexts, needs, and priorities”.20 But considering that the term
‘sustainable development’ is now enshrined on the masthead of environmental and ecological
ship, it is believed in some other quarters that it should be easy to define.21
Apparently, the term ‘sustainable development’ is derived from the conjunctive use of
the words ‘sustainable’ and ‘development’. However, for the purpose of this discourse, the
paper shall attempt first to disjunctively examine the keywords in the concept and then remarry these two terms to proffer a workable definition that would focus on how to protect
and ensure human development to enhance ecological protection and development.
It is no doubt that the varying definitions from the available materials at our disposal
point to the fact that the term ‘sustainable’ involves the use of natural products and energy in
a way that does not harm the environment; or the usage of a thing in such a way that it can
continue or be continued for a long time.22 Yet it is undisputable that the term originated from
its root word ‘sustain’ which was described as providing enough of what somebody or
18
Joshi A, ‘Application of the Principles of Sustainable Development by the Indian Judiciary’, p.4.
That is, Sustainable Development
20
UNESCO, ‘Freedom of Information and sustainable development: sealing the link’ in Final Report of the
UNESCO Experts Meeting held in Paris on March 2008 cited in Arko-Cobbah A, ‘Promoting sustainable
development in Africa: civil society and free access to information’, p.2.
21
Kates R.W, Parris T.M, and Leiserowitz A.A, Environment: Science and Policy for Sustainable Development,
citing Chichilinisky G., ‘What is Sustainable Development? (1997) 73(4) Land Economics, 467-491.
22
Hornby A.S, Oxford Advanced Learner’s Dictionary, (7th ed., Oxford: Oxford University Press 2005) 1492.
Other definitions with similar perspectives are found in: Chandrachud Y.V, P Ramanatha Aiyar’s Concise Law
Dictionary (Lexis Nexis Buttrworths Wadhwa Nagpur, New Delhi 2005) 1116-1117; Desai N, ‘Introducing item
98: Environment and Sustainable Development’. Joshi A, ‘Application of the principles of sustainable
development by the Indian judiciary’; Kates R.W, Parris T.M, and Leiserowitz A.A, Environment: Science and
Policy for sustainable development.
19
4
something needs in order to live or exist.23 However, an instructive perception of this term
was provided by the Board on Sustainable Development of the United States National
Academy of Sciences. The board suggested that ‘a minimal sustainability transition would be
one in which the world provides the energy, materials, and information to feed, nurture,
house, educate, and employ the many more people of 2050 – while reducing hunger and
poverty and preserving the basic life support systems of the planet’.
24
We submit that even
though from a tangential view of this position, it contains certain environmental issues/
elements but a surgical view would reveal that the issues aimed at by the suggestion go
beyond the nurturing of the environment alone but other aspects of human lives, which are
deemed paramount for survival.
‘Development’ on the hand, could literally be defined as the gradual growth of
something so that it becomes more advanced and stronger.25 It was described as the process
of changing and becoming larger, stronger, or more impressive, successful, or more
impressive, successful, or advanced, or of causing somebody or something to change in this
way.26
However, from a wider and focal perspective, the word ‘development’ was seen as the
process by which a type of (social) change is introduced into a system in order to produce a
better production method and improved social arrangement. It was also said to involve a
structural transformation of the economy, society, polity and culture of a country.27 It has also
been described as a value word which includes the personal perceptions, ideas, aspirations
and concepts of what constitutes and builds up a just society.28 According to Denis Goulet,
development is a value that entails human attitudes and preferences, self defined goals and
criteria for determining what a tolerable costs to be borne in the course of change, which he
believed are more important than better resource allocation, upgraded skills or the
rationalization of administrative procedures.29
23
Hornby A.S, Oxford Advanced Learner’s Dictionary.
National Research Council, Policy Division, Board on Sustainable Development, Our Common Journey: A
transition toward Sustainability (National Academy Press, Washington DC 1999) 22.
25
Hornby A.S, Oxford Advanced Learner’s Dictionary, p. 400
26
Microsoft Encarta® Encarta Dictionaries (Microsoft Corporation, United States 2009). See also Chandrachud
Y.V, P Ramanatha Aiyar’s Concise Law Dictionary, p.330.
27
Lawal G, ‘Corruption and Development in Africa: Challenges for Political and Economic Change’ (2007) 2
(1) Humanity & Social Sciences Journal, p. 1.
28
Joshi A, ‘Application of the principles of sustainable development by the Indian judiciary’, p.3, footnote 12,
29
See Ansari M.I, ‘Islamic perspectives on sustainable development’ (1994) 11(3) The American Journal of
Islamic Social Sciences, p. 396 citing Goulet D, ‘An ethical model for the study of values’ (1971) 41, Harvard
Law Review, 205-207.
24
5
Thus looking at the definition of the concept through the lens of the above definitions,
we believe it is safe to define the concept from another perspective different from the
traditional one that has been more focused on the environmental and ecological protection.
Sustainable development could therefore be viewed as
‘Structural transformation of the economy, society, polity and culture of a
country by providing enough of what the citizens and other inhabitants need
to live or exist in order to produce a better production method and improved
social arrangement in that country.’
This is because the development of a country depends on how its citizens and other
inhabitants are being sustained; and the sustenance of the citizens and other inhabitants are
influenced by so many variables beyond the protection of the environment.
4.
The Legal and other challenges to sustainable development in Nigeria.
Nigeria, like other African countries, is endowed with human and natural resources as
well as great cultural, ecological and economic diversity.30 Yet, it still struggles with
developmental issues.31 The nature of development in African countries is such that has
remained poor and lags behind other regions in the world.32 It was noted by Sirleaf and
Radelet that the past three decades was disastrous for Africans because most of Africa
continued to be bogged by poverty whereas its counterpart in development rating, i.e. Asia,
recorded the fastest growth rates and reductions in poverty in the history of the world. They
pointed out that almost all the sub-saharan African countries (which includes Nigeria)
recorded average annual per capita growth of about zero, between 1970 and 2000.33
It should be noted that a number of mutually reinforcing factors account for this
stunted development or its stagnation/underdevelopment at large.34 It is thus clear that the
study of Nigeria’s sustainable development is unfortunately plagued with problems that go
beyond environmental and ecological abuse/mismanagement, and it is worthwhile having a
look at some of the basic issues.
i.
Gender Equity and Equality
30
Abdullahi A.A and Muoghalu M.I, ‘Development Aid Flow and Poverty Reduction in Africa’, (2006) 8(3)
Journal of Sustainable Development in Africa, p.240.
31
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to information’,
p.3
32
Lawal G, ‘The Normative Impediments to African Development: Internalist and externalist interpretations’
(2006) 2(9) Journal of Applied Sciences Research, p. 637.
33
Sirleaf E.J and Radelet S, ‘The good news out of Africa: democracy, stability, and the renewal of growth and
development’ (Centre for Global Development 2008) p.1
34
Lawal G, ‘The Normative Impediments to African Development: Internalist and Extrnalist Interpretations’.
6
Generally, the leaders in the African developing nations practice the politics of
exclusion, and this portends serious harm to those societies, as it would often scare away
domestic resources and foreign investments, which could have increased development related
activities.35
A germane issue under this point is the gender equality. Although the New
Partnership for African Development36 has stated its concerns for social and gender equity,
yet, the social and economic measures it adopts are major contributories to the
marginalization of women in the African developing nations,37 and which hinder the
achievement of sustainable development in the developing nations of Africa, including
Nigeria.
It has been reported that in the developing countries, including Nigeria, women suffer
more adversely from factors that contribute to unsuitability of development. It was reported
that 70% of world’s poor who are far more vulnerable to environmental damage are women,
85% of people who are from climate induced disasters are women, while 75% of
environmental refugees are also women.38 Many women in Nigeria39 are still illiterates,
extremely poor40, coupled with the fact that they are mostly not accessible to information on
issues that would enhance the sustainability of their developments.41
35
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’
<http://unpan1.un.org/intradoc/grounps/public/documents/AAPAM/UNPAN026536.pdf> accessed on 6
September 2010.
36
Hereinafter referred to as NEPAD.
37
TWN Online, ‘Declaration on Africa’s development challenges’ (made at the Joint Council for Development
and Social Science Research in Africa (CODESRIA) and the Third World Network – Africa (TWN-Africa)
Conference on Africa’s Development Challenges in the New Millennium held in Accra on 23-26 April 2002).
(2002) No. 282 Third World Economics <http://www.twnside.org.sg/title/twe282f.htm> accessed on 2
November 2010.
38
Abdulraheem N.M, ‘Gender, Feminism and Climate Change in Nigeria’ (Being a paper presented at the First
Faculty Workshop on Law and Climate Change in Nigeria organized by the Faculty of Law, University of Ilorin
between 13th and 14th May 2010) p. 3 citing ModernGhana.com, ‘Climate change affect women’s livelihood’
<http://www.modernghana.com/life_style/417/16/climate_change> p.2 accessed on 10 April 2010.
39
Especially at the rural communities.
40
Lister R, “Women in Poverty” in Funken K and Cooper P (eds.), Old and New Poverty: The Challenge for
Reform (Rivers Oram Press, London 1995) p.12.
41
Akoji O, ‘Impact of Gender Discrimination and Poverty among women in Nigeria: Challenges and Strategies
for their elimination’ (2010) 3(2) Kogi State University Bi-Annual Journal of Public Law, pp. 377 – 384. See
also Abimiku A.C, ‘Poverty and the Nigerian Economy: A Gender Perspective’ (2006) 7(1) African Journal of
Economy and Society, pp.136 – 145; Abdulraheem N.M, ‘Rights of Women in the Pre-Colonial and PostColonial Era in Nigeria: Prospects and Challenges’ (2010) 3(2) Kogi State University Journal of Public Law, pp.
90 – 91; Nasir J.M, ‘Women’s Rights in Nigeria’ in Tabiu M and Ladan M.T (eds.), Individual Rights and
Communal Responsibility in Nigeria (National Human Rights Commission, Abuja 1998) 98.
7
Women in Nigeria are also usually deprived political power to participate in the
decision affecting their livelihood.42 This is basically due to the norms and culture of our
society, which preclude women from decision making. As a result of this, they find it difficult
to get to the inner caucus where decisions on sustainable development, which may have
adverse effect on their livelihoods, are being taken.43
Furthermore, the Nigerian men, culturally, have better opportunities for exposure to
new ideas and adapting information through both formal and informal interactions in social
gathering or daily meeting places organized by the men, than the women. Women are often
not granted with as much mobility as men, because of societal restrictions, they are therefore
isolated from information about sustainable development.44
All these basically contravene the true spirit of section 17 of the Constitution of the
Federal Republic of Nigeria 1999.45 The section enshrines the social objectives of Nigeria as
a State as it declares that; ‘the State social order is founded on ideals of social objectives
Freedom, Equality and Justice’46 and that every citizen shall have equality of rights,
obligations and opportunities before the law47. The section further provides that the State
shall direct its policies towards ensuring that all citizens, without discrimination on any group
whatsoever, have the opportunity for securing adequate means of livelihood as well as
adequate opportunity to secure suitable employment48. The section has been described as the
manifesto of the whole Constitution49 because there is no doubt that, adequate means of
livelihood, suitable employment and above all equal opportunities (freedom from
discrimination) are among the foremost factors that sustain people; and when people are not
adequately sustained they cannot adequately contribute to the development of their
environment. It is therefore important to create a level playing ground for all.
ii.
Poverty
One of the major issues that are paramount in engendering sustainable development in
Nigeria is sustainable livelihoods and eradication of poverty. Poverty has been classified into
42
Akoji O, ‘Impact of Gender Discrimination and Poverty among women in Nigeria: Challenges and Strategies
for their elimination’, p.383; Abdulraheem N.M, ‘Rights of Women in the Pre-Colonial and Post-Colonial Era in
Nigeria: Prospects and Challenges’, pp.88 and 91.
43
‘Africa: Lack of Female Presence on Climate Change Panel draws Criticism’
<http://www.allafrica.com/stories/201003220088.html> p.1 accessed on 10 April 2010 cited in Abdulraheem
N.M, ibid., p. 14
44
Abdulraheem N.M, ibid., p. 16
45
Hereinafter refered to as 1999 Constitution, 1999 CFRN or CFRN 1999 as appropriate.
46
Section 17(1) 1999 CFRN
47
Section 17 (2)(a) 1999 CFRN
48
Section 17(3)(a) 1999 CFRN
49
Akande J.O, Introduction to the Constitution of the Federal Republic of Nigeria 1999 (MIJ Professional
Publishers Ltd., Lagos 2000) 59
8
three: absolute, relative and subjective.50 The absolute poverty is more relevant to our
discourse. 51 Absolute poverty occurs where the citizens lack adequate resources particularly
real income to obtain the types of diets needed to enjoy some fixed minimum standard of
living; and consider some amount of basic goods and services52 essential.53
This is one social dimension that is central to the concept of sustainable development
and deserves attention in its own right. This is because where a nation is ecologically sound
but a large numbers of its people live in poverty, such a nation is definitely not sustainable.54
Nigeria shows commitment in this regard by declaring that its economic objectives
shall be geared towards controlling the national economy in such manner as to ensure the
maximum welfare and happiness of every citizen55; and shall direct its policy towards
ensuring that the economic system is not operated in such manner as to permit the
concentration of wealth or the means of production and exchange in hands of few individuals
or of a group56 and that suitable and adequate shelter, suitable and adequate food, reasonable
national minimum living wage, old age care and pensions, and unemployment, sick benefits
and welfare of the disabled are provided for all citizens57. But in Nigeria today, the true spirit
of this objective seems to be yet achieved because the economic policies are still fashioned in
a way that the have-nots find it difficult to set up even a small and medium scale enterprises.
The hues and cries over the implementation of and compliance with the provisions Minimum
Wage Act is still fresh in our minds.58 The harsh effect of oil drilling and spillage on the
50
Nweze N.J and Ojowu O, ‘Poverty, Wellbeing and Wealth Generation in Benue State’ (unpublished, 2002)
cited in Akoji O, ‘Impact of Gender Discrimination and Poverty among women in Nigeria: Challenges and
Strategies for their elimination’, p.379.
51
See generally Balogun D, ‘Analyzing Poverty, Concepts and Methods’, (1999) 23(4) Central Bank of Nigeria
Bullion, pp.11 – 16; Kakwenda et al, Poverty Reduction – Where stands Africa (United Nations Development
Programme, France 2000) pp.1 – 13; Meier G.M, Lending Issues in Economic Development (Oxford University
Press, New York 1964) pp.1 – 32; Atoloye A.S.F, ‘Strategy for Growth-led Poverty Alleviation in Nigeria’
(1997) 35 (3) C.B.N. Economic and Financial Review, pp.298 – 314.
52
According to Kuper and Kupa, these goods and services include food, clothing, housing, healthcare, water,
sanitation and education. See Kuper A and Kupa J (eds.), The Social Science Encyclopedia (Routledge, New
York) pp.55 – 657.
53
Miller, H.P (ed.), Poverty “American Style” (Wadsworth, California 1968) pp.1 – 107.
54
Desai N, ‘Introducing Item 98: Environment and Sustainable Development’, p.4
55
Section 16(1)(b) 1999 CFRN
56
Section 16(2)(c) 1999 CFRN
57
Section 16(2)(d) 1999 CFRN
58
For general discussions and overview of the national minimum wage crisis, see Editorial, ‘The national
minimum wage crisis’, National Mirror (Nigeria, 7 July 2011)
http://nationalmirroronline.net/editorial/15690.html accessed on 10 October 2011; Uzondu, J, ‘Crippled by wage
crisis’, Nigeria News World Magazine (Nigeria, 24 October, 2011)
<http://www.nigeriannewsworld.com/content/crippled-wage-crisis> accessed on 19 October 2011; Kolawole, S,
‘The new minimum wage fiasco’, ThisDay (Nigeria, 24 July 2011) http://www.thisdaylive.com/articles/thenew-minimum-wage-fiasco/95572/ accessed on 10 October 2011; Onuegbu, H.C, ‘The New Minimum Wage:
Strategies For Effective Public/Private Sector Management’, Newsdiaryonline (Nigeria, Sun 26 September
2010) http://www.newsdiaryonline.com/chika_wage.htm accessed on 19 October 2011; Mordi, R, ‘Storm over
9
Niger Deltans (alongside the agitation for increment in the derivation fund) is yet to be fully
addressed. In fact, with the indices of standard of living of an average Nigerian today, it
cannot be said that the material resources of the nation are harnessed and distributed as best
as possible to serve the common good as provided in the Constitution.59 All these are factors
building up the poverty stock in our nation. Therefore attacking poverty is relevant to
sustainable development in its own right.
iii.
Legislative impetus and Political will
Laws and regulations suited to country-specific conditions are among the most
important instruments for transforming environment and development policies into action,
not only through “command and control” methods, but also as a normative framework for
economic planning and market instruments.60
While there is continuous need for improvement of law in all countries, many
developing countries have been affected by shortcomings of laws and regulations.61 To
effectively integrate environment and development in the policies and practices of each
country, it is essential to develop and implement integrated, enforceable and effective laws
and regulations that are based upon sound social, ecological, economic and scientific
principles.62 It is equally critical to develop workable programmes to review and enforce
compliance with the laws, regulations and standards that are adopted.63 But generally, many
African nations including Nigeria lack the political will in enforcing strong control
mechanisms.64
While many of the stated goals of the New Partnership for African Development
(NEPAD)65 may be well-intentioned, the development vision and economic measures that it
canvasses for the realization of these goals are flawed.66 Consequently, NEPAD may be
unable to make real contribution to addressing the developmental problems facing the
Minimum Wage’, The Tell (Nigeria, 26 September 2011) http://www.nigeriannewsworld.com/content/crippledwage-crisis accessed on 10 October 2011.
59
section 16 (2) (b) 1999 CFRN
60
UN Economic and Social Development, ‘Core Publications: Agenda 21’, paragraph 8.13
<http://www.un.org/esa/dsd/agenda21/res_agenda21_08.shtml> accessed on 6 September 2010.
61
Ibid.
62
Ibid., paragraph 8.14
63
Ibid., paragraph 8.14
64
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p.15
65
Which Nigeria is a signatory.
66
TWN Online, ‘Declaration on Africa’s development challenges’.
10
African nations; rather, it will reinforce the hostile external environment and the internal
weaknesses that constitute the major obstacles to Africa’s development.67
However, despite that Nigeria is faced with weak socioeconomic conditions,
overwhelmed by such problems as critical poverty, illiteracy, high infant mortality,
malnutrition and security challenges, which are all factors hindering sustainable development,
we still lack the will and ability to deal with these issues due to lack of resources, and low
political and institutional capacity. There is often an absence of a democratic, autonomous
and empowered society and a competent and honest bureaucracy, necessary to formulate and
implement public policy initiatives. In addition the relative novelty of the idea of sustainable
development in Nigeria means that the issue is frequently either not comprehensively
understood by the government or is not given the desired attention like the other developed
countries.68
A corollary to this is the antithetical effect of the provisions of chapter 2 and section 6
(6) (c) of the Constitution of the Federal Republic of Nigeria 1999. Chapter 269 contains the
Fundamental Objectives and Directive Principles of State Policy, which are direct offshoots
of international treaties on human rights and good governance.70 These treaties generally
define the fundamental economic, social, and cultural rights of individuals.71 These rights72
generally bother on factors that contribute to the continuous improvement of living
conditions. According to De Villiers, the principal purpose of this class of rights is “to place
the state under a legal obligation to utilize its available resources maximally to correct social
and economic inequalities and imbalances”.73 That is, it is the state's duty to improve the
standard of living. These rights are of particular relevance to the developing countries like
Nigeria where poverty levels are high and government is invariably looked to as the provider
of social amenities.74
The Nigerian Constitution while purporting to uphold the above opinions of De Villiers and
Chand provided in its chapter two duty of the government to ensure the provision of
infrastructures and facilities that will enhance democracy and social justice,75 national
integration,76 economic self-reliance,77 freedom, equality and justice,78 adequate and equal
67
Ibid.
Jansen M, ‘Influences upon sustainable product development in the developing world’ (UNEP Working
Group on Sustainable Product Development, The Netherlands 1994) p.19
69
Sections 13 – 24 CFRN 1999.
70
These include the Universal Declaration of Human Rights adopted by the United Nations General Assembly
on December 10, 1948; and the International Covenant on Economic, Social and Economic Rights, which was
unanimously adopted in 1966 and came into force in 1976.
71
Etudaiye M.E, ‘The municipalisation of the economic, social and cultural rights to be or not to be?’
<http://www.unilorin.edu.ng/ejournals/index.php/uilj/article/viewFile/14/14> accessed on 30 October 2011.
72
Articles 7 – 15 of the Universal Declaration of Human Rights.
73
De Villiers B, ‘The Protection of Social and Economic Rights: International Perspectives’, Paper 9 published
by Centre for Human Rights, University of Pretoria May 1996. The paper can also be viewed at
www.chr.up.ac.za/centre_publications/occ_papers/occ9htm
74
Chand H, Nigerian Constitutional Law (Santosh Publishing House, Modinagar, India, 1981) p. 38
75
Section 14 CFRN 1999.
76
Section 15 CFRN 1999.
77
Section 16 CFRN 1999.
68
11
educational opportunities,79 improved environment,80 and preservation of Nigerian cultures.81
But as laudable as those provisions could have been to the advancement of better living for
Nigerians,82 it was turned a mirage for the citizens by the provision of section 6 (6) (c) of the
Constitution. This latter section expressly precludes the judiciary from entertaining any
complaint from any citizen ‘as to whether any act or omission by any authority or person or
as to whether any law or any judicial decision is in conformity with the Fundamental
Objectives and Directive Principles of State Policy set out in Chapter II of this
Constitution.’83 It has been argued by several authors and scholars that the non-justiciability
of the provisions in chapter 2 is inimical to every principle of sustainable development.84
However while the call for justiciability of the provisions in Nigeria is now gaining
recognition through international courts,85 scholars have hoped that the government would
invoke the spirit of section 12 of the Constitution to implement the provisions.86
iv.
Judicial administration and access to justice
According to John Wilson Forje, ‘successful democratization process requires/depends
on many interrelated input factors, for example, pluralism, participation, transparency’ among
78
Section 17 CFRN 1999.
Section 18 CFRN 1999.
80
Section 20 CFRN 1999.
81
Section 21 CFRN 1999.
82
These without any doubt are the planks upon which the principles of sustainable rests
83
It is this position that is popularly referred to in legal parlance as the ‘non-justiciability’ rule. See ML Uwais,
Fundamental Objectives and Directive Principles of State Policy: Possibilities and Prospects, in CC Nweze, ed.,
Justice in the Judicial Process (Essays in Honour of Honourable Justice Eugene Ubaezonu, J.C.A., Chapter 5, at
p. 179; Otaru R, ‘Fundamental Objectives and Directive Principles of State Policy: The Need for Amendment to
Ensure their Justiciability’, (2006) 11 The Jurist, p. 66; Okere B.O, ‘Fundamental Objectives and Directive of
State Policy under the Nigerian Constitution’ (1983) 32 (1) The International and Comparative Law Quarterly,
214; Alabi M.O.A, ‘Fundamental Objectives and Directive Principles Under the Nigerian Constitutional Law’,
(2006) 11 The Jurist, pp. 77 and 82; Abikan A.I, ‘Constitutional Impediments to the Enthronement of Shariah in
Nigeria’ (2006) 2 UILJ, pp. 185, 202-203; Otteh J, The Challenge for Socio-Economic Rights Litigation in
Nigeria …Hurdles and Prospects in ESC Rights-Developing a Training Agenda for Nigeria (Legal Research
and Resource Development Centre, Roundtable Series, 1998); Onyekpere E, ‘Justiciability of Economic, Social
and Cultural Rights’, (1997) 2 (1) LASER Contact; Eze O and Onyekpere E, Study on the Right to Health in
Nigeria (Shelter Rights Initiative, 1998) p. 36; Centre for Social Justice Limited by Guarantee, ‘Justiciable
Constitutionalisation of Economic, Social and Cultural Rights – A framework for action’ (Being a Contribution
to the Planned Review of the Constitution of the Federal Republic of Nigeria 1999) <: http://csjng.org/prog_files/2010-03-17_JUSTICIABLE%20CONSTITUTIONALISATION%20OF%20ESCR.pdf>
accessed on 30 October 2011.
84
For the different ways at which the ‘non-justiciability’ negatively affect living standards in Nigeria, see:
Etudaiye M.E, op. cit., pp. 209 – 212, Abikan I, ibid., Olorode O, ‘University Education in Nigeria Yesterday,
Today and Tomorrow’ (Public lecture delivered under the auspices of the Remo Branch of the Olabisi Onabanjo
University Alumni Association on December 5, 2007); Achebe C, ‘A Hero Returns’ monitored on the British
Broadcasting Corporation (BBC) World Service at 09.00 hours G.M.T. on March 2, 2009; Iyayi, ‘Nigeria's
Political Class Thrives on Corruption’ (Nigeria, Daily Sun, 1st September, 2008) pp. 4 and 31
85
The Community Court of Justice of the Economic Community of West African States held in the case of
SERAP vs Federal Republic of Nigeria and Universal Basic Education Commission (ECW/CCJ/APP/08/08
delivered on 27th October 2009) that the right to education (which is one of the provisions in chapter 2) can be
enforced before the Court and dismissed all objections brought by the Federal Government (FG), through the
Universal Basic Education Commission (UBEC), that education is “a mere directive policy of the government
and not a legal entitlement of the citizens”. According to the plaintiff’s counsel, Mr. Femi Falana, “This is the
first time an international court has recognized citizens' legal right to education, and sends a clear message to
ECOWAS member states, including Nigeria and indeed all African governments, that the denial of this human
right to millions of African citizens will not be tolerated.”
86
Centre for Social Justice Limited by Guarantee, op. cit., p.18.
79
12
other things. However, he pointed out that pluralism requires an independent judiciary that
impartially administers the law, which in turn, requires attitudes that support pluralism and a
bureaucracy that is impartial and prepared to serve which ever government is elected to
office.87
In Nigeria, the role of the judiciary in engendering of sustainable development cannot
be undermined. Thus, the judiciary must be equipped to effectively serve as the vanguard of
the rights of the people.88
In some other developing countries, like India, environmental right has been
adequately entrenched in the body of their laws. Thus citizens in such countries have access
to judicial remedies for environmental injuries apart from the traditional public nuisance
solution. Individuals and civil societies can approach the court to seek remedy for
environmental injuries caused to their communities. This was made possible through the
independence, positive judicial activism and virility of their judiciary.89
But Nigeria is still bogged with the non-justiciability of issues relating to environment
and other social needs.90 Moreover, the recent happenings at the helm of our judicial
hierarchy have started eroding the confidence of the common man in the rule of law hype.91
However, the Nigerian government and legislator should be able to establish judicial
and administrative procedures for legal redress and remedy of actions affecting development
that may be unlawful or infringe on people’s rights under the law, and should provide access
to individuals, groups and organizations with a recognized legal interest.92
v.
Corruption
Corruption in Nigeria is a development issue.93 Generally, no country can bear the
costs of corruption, which impedes development and minimizes the ability of the government
to reduce poverty. Effectively addressing corruption in African countries, which includes
87
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p.15
88
Thus the spirit of section 17 (1)(e) 1999 CFRN must be adequately complied with. See Taiwo L.O,
‘Democracy and the Rule of Law’ in Fatula O, et al (eds.), Law, Politics & Development: The Challenges of an
Emerging Mega-City (N.B.A. Ikeja Branch, Lagos 2010) p.25. see also Kameri-Mbote P and Odote C, ‘Courts
as Champions of Sustainable Development: Lessons from East Africa’, (2009) Sustainable Development Law &
Policy, p. 31
89
Joshi A, ‘Application of the Principles of Sustainable Development by the Indian Judiciary’ available on
<http://www.ignou.ac.in/schools/soss/FINAL SOSS CONFERENCE/full %20 papers/f1/Asha%20Joshi.pd>
accessed on 6 September 2010.
90
See chapter II of the Constitution of the Federal Republic of Nigeria 1999. Per contra section 6(6)(c) CFRN
1999.
91
Mumini A and Ajanaku I, ‘Crisis in Judiciary unfortunate’ Unilorin Watch (Nigeria, May 2011) p.1
92
UN Economic and Social Development, para. 8.18
93
Ochonu M.E, ‘Myths and Fallacies of African Corruption’ Unilorin Watch (Nigeria, May, 2011) p.39
13
Nigeria has become a development imperative.94 Corruption is widespread, and it is generally
acclaimed that corruption increases public debts.95
Once corruption becomes entrenched in the polity of a nation, its negative effects
multiply. It induces cynicism, because people begin to regard it as the norm. It undermines
social values because people find it easier and more lucrative to engage in corruption than to
seek legitimate employment. It erodes governmental legitimacy because it hampers the
effective delivery of public goods and services. It limits economic growth because it reduces
the amount of public resources, discourages private investment and saving and impedes the
efficient use of government revenue and development assistance funds.96
In Nigeria, corruption has been at the centre of development and it is an impediment
of true and real development in our society. Corruption has ravaged virtually the entire
Nigerian system, causing the country to be among the most corrupt in the world, and the
consequences of corrupt practices are that they have affected and hindered the political and
economic development in our country.97 Drastic measures must be put in place to curb these
acts.
vi.
Corporate social responsibility and access to information
The contribution of the private sector in sustaining development in Nigeria cannot be
overemphasized. Although, there is bound to be conflict of interests between how private
sector run their organizations and balancing what they churn out to partner the government in
furthering the sustainable development. This is because we need to realize that the first
objective of the private sector is to maximize profit.98
Both political theorists and practitioners have come to the realization that it is not
always the state institutions and policies that ensure good governance but the third realm,
civil society.99 The civil society plays a very remarkable role, especially, when it comes to
issues involving the public sphere in Africa. Thus a vigilant civil society can contribute to the
94
See Policy Forum-Document on ‘Corruption and Development in Africa’ GCA/PF/N.2/11/1997 cited in
Lawal G, Corruption and Development in Africa: Challenges for Political and Economic Change, (2007) 2 (1)
Humanity & Social Sciences Journal, p. 1
95
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p. 15
96
See Policy Forum – Document on ‘Corruption and Development in Africa’.
97
Lawal G, Corruption and Development in Africa: Challenges for Political and Economic Change, p. 2
98
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p.13
99
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to
information’,p.9
14
achievement of social development programmes by limiting corruption and strengthening the
accountability of the government and other responsible agencies100.
Although there are often inadequate communication channels and high illiteracy rates
in developing countries, the private sector through the media usually plays a critical role in
disseminating information which shapes peoples’ attitudes towards sustainable (product)
development. It provides a medium to reach people, raising public awareness, especially the
literate working population in urban areas (who widely read newspapers) and among the
elites. The media can demonstrate both the need and technical and economic feasibility of
sustainable development and supported by facts and examples101.
Access to information is, generally, regarded as the ability of the citizen to obtain
government – held information. That is “real” information useful and practical, and capable
to help the citizen to make an informed opinion on an issue and not simply a barrage of
government propaganda. Free access to information, apart from being an essential aspect of
democratic governance, is also regarded as a fundamental right of the individuals as well as a
vital index in the sustenance of development in any given society. Without the freedom to
think one’s thoughts, conceive ideas, formulate views and express them freely, there is no
possibility of democratic governance, and thus good governance.102
The press therefore needs to be independent; capable of asking hard-hitting questions,
monitoring progress, but unfortunately, this is often not the case in our country
103
thus
calling for intervention of the private sector through the civil societies.
Although the Freedom of Information (FOI) Act 2011104 has since been enacted in
Nigeria, its enforcement and compliance still leaves much to be desired as public officers still
either are oblivious of its existence or deliberately continue to hoard public information even
after their attentions are drawn to the existence of the FOI Act.105
The Act establishes the “… right to any person to access or request information,
whether or not contained in any written form, which is in the custody or possession of any
100
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to
information’,p.9
101
Jansen M, ‘Influences upon sustainable product development in the developing world’, p.22
102
Byrne A, ‘University libraries and intellectual freedoms’ (1999) 30(2) Australian Academic Research
Libraries <http://archive.ifla.org/aife/papers/others/byrne2.htm> accessed on 6 September 2010.
103
Jansen M, ‘Influences upon sustainable product development in the developing world’, p.22
104
An Act enacted to make public records and information freely available, provide for public access to public
records and information, protect public records and information to the extent consistent with the public interest
and the protection of personal privacy, protect serving public officers from adverse consequences for disclosing
certain official information and establish procedures for the achievement of those purposes and related purposes
thereoef.
105
Ibrahim H.J and Abubakar M, ‘Story behind Kwara’s oil discovery’, Weekly Trust (Nigeria, Saturday, 20
August 2011) p.3
15
public official, agency or institution howsoever described…”106 The applicant for such
information needs not demonstrate any specific interest in the information being applied
for.107 The Act also mandates public institutions to record and keep information about all its
activities, operations and businesses108 and ensure proper organization and maintenance of all
information in its custody in a manner that facilitates public access to such information.109
Notwithstanding the express provision of the FOI Act allowing citizens to seek and
have access to legitimate information about good governance from public institutions,110
public officials have continued to devise tricks to deny access to such information.111 It
should also be noted even as much as there is little or no awareness about the existence of this
Act among the populace, the few who are aware of its existence,112 fail to explore the legal
remedy provided in the law.113
vii.
Good governance
There is an essential link between democratic and accountable government (otherwise
and popularly known as good governance) and the ability to achieve sustained economic and
social development. Good governance means competent management of a country’s
resources and affairs in a manner that is open, transparent, accountable, equitable and
responsive to people’s needs. 114 Good governance is an essential precondition for sustainable
development. Poor governance stifles and impedes development. In countries where there is
corruption, poor control of public funds, lack of accountability, abuses of human rights and
excessive military influence, development inevitably suffers.115
Enhancing sustaining development and democratic governance depends to a large
extent on the nature of the political regime in place, the structure and functioning of the
regime, kind of leadership and the capacity and capability of the regime to ensure the
106
Section 2 (1) of the FOI Act.
Section 2(2)
108
Section 3(1)
109
Section 3(2)
110
See generally sections 2, 3, and 10 of the FOI Act 2011. See also Open Society Justice Initiative,
Understanding the Nigerian Freedom of Information Bill (Nigerian Freedom of Information Coalition) 36pp.
111
Ibrahim H.J and Abubakar M, ‘Story behind Kwara’s oil discovery’. See also ‘FOI Bill Confusion:
Professionals React’, Unilorin Watch (Nigeria, May 2011) p.1.
112
Especially the journalists and legal practitioners
113
Section 2(3) of the FOI Act which gives any person entitled to the right to information under the Act the right
to institute proceedings in a court to compel any public institution to comply with the provisions of the Act.
114
Commonwealth of Australia, Good governance: Guiding principles for implementation (Australian Agency
for International Development (Aus AID), Canberra 2000) p.3
115
Ibid, p. 5
107
16
articulation and aggregation of its policies.
116
A democratic society is an open and
transparent society and encourages the free creation, pursuit and flow of information and thus
elicits the effective participation of civil society in local, national and international
institutions and processes.117
According to John Forje, a major drawback in accountability in the majority of
African governments and administrative systems (Nigeria inclusive) is the excessive
concentration of powers in the office of the Presidency and subsequently in the Ministry,
Governors, and local government officers. He cited Madison arguing that “the accumulation
of all powers, legislative, executive and judicial in the hands, whether of one, a few, or many
and whether hereditary, self-appointed or elected may justly be pronounced the very
definition of tyranny.”118 A democracy functions best only when all actions are open to
question, and when we require the highest levels of accountability.119
Stakeholders on development in Africa, at a conference120, noted the uneven progress
of democratization and in particular of the expansion of space for citizen expression and
participation.121 They further noted that the most fundamental flaws of the NEPAD include,
the fact that in spite of its proclaimed recognition of the central role of the African people to
the plan, the African people have not played any part in the conception, design and
formulation of NEPAD122thus making the enforcement of its policies non-participatory.
The central challenge for building sustainable, effective governance and deepening
democracy is that of constituting and reconstructing the key institutions for economic growth
and democratic governance. Democracy feeds into economic growth and economic growth
feeds into democracy to create sustainable development. 123 Underscoring this development is
that of human capacity development. 124 Therefore, democracy, development and respect for
116
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p. 4
117
Ibid, p. 9
118
Ibid, p. 4
119
Krauss L.M, ‘The Citizen-Scientist’s Obligation to Stand Up for standards’, The New York Times (United
States 22 April 2003) <http://www.ibi.gov/Education/ELSI/KraussNYTimes4-22-03.html> accessed on 6
September 2010.
120
Joint CODESRIA-TWN-Africa Conference on Africa’s Development Challenges in the New Millennium
held in Accra on 23-26 April 2002.
121
TWN Online, ‘Declaration on Africa’s development challenges’
122
TWN Online, ‘Declaration on Africa’s development challenges’
123
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p.10
124
Ibid, p.11
17
human rights and of fundamental freedoms are the interdependent and synergic processes
required for an effective sustainable development.125
viii.
Technical knowledge
Technology is essentially the application of knowledge to the solution of practical
problems126 and to succeed in doing this, improving human capital development is vital. But
this has proven to be a challenge for Nigeria like many other developing nations. The
challenges of this millennium are that of ideas. Our societies are now ‘knowledge driven’ and
this requires skilled human resources potential, sense of direction, quality leadership,
accountability, transparency, productivity, fair competition, and equity in the distribution of
national wealth.127 No society can in this millennium afford to bypass the impact of emerging
technologies in the development process.128
Knowledge is therefore required of the state of affairs and awareness concerning the
issue of sustainable development in Nigeria.129 This is because Nigeria along with other
developing countries are at a disadvantage due to the often high illiteracy rates, a lack of
basic education and poor communication channels with which to reach huge populations
over vast areas.130 Majority of the citizens of developing nations lack environmental
education awareness and this is a very big problem in introducing sustainable development
projects, because the people, of whom the majority is farmers, do not know the meaning and
importance of sustainability in development.131
Ensuring that ‘Education for All’ as propounded both under the NEPAD and the
MDG treaties include also all rural people is an urgent task for the African nations if we are
to achieve sustainable development as well as the MDGs, which are also subsidiaries of
sustainable development. Among decision-makers, however, there is only a low level of
awareness of the impact of rural people illiteracy on development. Moreover, many of the
weaknesses in basic education services in rural areas exist because countries lack adequacy in
knowledge, trained people, experience, resources and infrastructure to plan and deliver
effective basic education services to rural people. In addition, a lack of adequate coordination
125
Ibid, p.9
Jansen M, ‘Influences upon sustainable product development in the developing world’, p.36
127
Forje J.W, ‘Enhancing sustainable governance and development in Africa – a reassessment of current
challenges and future prospects’, p.12
128
Ibid, p. 12
129
Jansen M, ‘Influences upon sustainable product development in the developing world’, p. 17
130
Ibid, p. 17
131
Correspondence with Mr. Kondo, Executive Chairman, Morogoro Environment and Development
Foundation, Tanzania cited in Jansen Maaike, Ibid, p.17
126
18
mechanisms between Ministries of Education, Ministries of Agriculture and civil society
remains to be addressed in most developing countries which include Nigeria.132 Stringent
efforts should therefore be made to devise effective means to develop knowledge about
sustainable development, through research and by training, communication and education.
Knowledge may be the one of the most powerful weapon against unsustainable
development in Nigeria like other developing nations, which is characterized by pervasive
and overlapping high levels of poverty, hunger, illiteracy, illness, joblessness’s insecurity,
eco-degradation and international dependence.133 Knowledge is becoming the chief currency
of the modern age and a decisive resource for sustainable development.134
The CFRN 1999 provides that the government shall ensure that there are equal and
adequate educational opportunities at all levels135, promote science and technology136; and
strive to eradicate illiteracy137 in Nigeria. It ultimately provides that there shall be FREE
education at all level138. But this section is also affected by the locus standi ouster contained
in section 6 (6) (c) of the CFRN 1999. Therefore as there is no enforceable right to education
in Nigeria, no citizen can force the government to provide education.139 Meanwhile, right to
education (knowledge) has always been universally recognized140 through declarations,
covenants and conventions, which acknowledge the inalienable right of people to
education.141 This right has crystallized into a natural right.142 As at 1974, the right to
132
Avila M and Gasperini L, ‘The MDGs and Sustainable Rural Development in Sub-Saharan Africa:
Challenges and Implications for Education for Rural People (ERP)’ (2005) (Paper presented at the Ministerial
Seminar on Education for Rural people in Africa: Policy Lessons, Options and Priorities organized by the Food
and Agriculture Organization of the United Nations (FAO), International Institute for Education Planning
(IIEP/UNESCO), and the Association for the Development of Education in Africa (ADEA) on 7-9 September
2005, Addis Ababa, Ethiopia) <http://www.fao.org/sd/dim_kn2/kn2_051101_en.htm> accessed on 6 September
2010.
133
Hamel J.L ‘Unleashing the Power of Knowledge for Sustainable Development in Africa: Fundamental issues
for Governance and Meeting MDGs’, (Economic Commission for Africa, Addis Ababa 2005) p.5.
<http://www.uneca.org/estnet/Ecadocuments/knoeledge _for_sustainable_development.doc> accessed on 6
September 2010. It should be noted that this paper is based on a shorter paper published as Hamel J.L,
‘Knowledge for sustainable development in Africa: towards new policy initiatives’, (2005) 2 (3/4) World
Review of Science, Technology and Sustainable Development, pp. 216-243.
134
Hamel J.L, Ibid., p.5
135
Section 18(1) of the 1999 CFRN
136
Section 18(2) of the 1999 CFRN
137
Section 18(3) of the 1999 CFRN
138
Section 18(3)(a)-(d) 1999 CFRN
139
Akande J.M, op. cit., p.60
140
Fawehinmi G, People’s Right to Free Education (At All Levels) (John West Publications Ltd., Lagos 1974) 1
141
See generally, Article 26 of the Universal Declaration of Human Rights (adopted on 10th December 1948);
Article 2 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
(signed at Rome on 4th November 1950); the Act of Athens of the International Commission of Jurists 1955;
Articles 1, 3 and 4 of the Convention against Discrimination in Education (adopted on the 14th of December
1960); Article 13 of the International Covenant on Economic Social and Cultural Rights (annexed to Resolution
2200 (XXI) of the General Assembly of the United Nations and adopted on 16th December 1966 but opened for
19
knowledge has been duly acknowledged by some of the present day developing nations and
was given a prime position in their constitutions.143
It is thus clear that education generally underpins sustainable development and
contributes to the pursuit of sustainable development by members of the society.144 In fact a
number of scholars and jurists have directly linked the development in a society to its
educational system.145 Academia should therefore strive to educate the people and enhance
levels of awareness, promoting attitude changes within the society, thus encouraging
informed decisions on issues bordering on how to ensure sustainable development.146
Although as earlier pointed out, the right to education has begun to get legal and judicial
recognition.147
5.
Solutions towards surmounting the challenges
After all said in this paper, it is our desire to propose some way-outs towards
eradicating some of the challenges identified and this we do hereunder:
a.
To seize the opportunities offered by the wave of democratization and
globalization, Nigeria must look beyond the horizon of environmental protection
but develop a consistent long-term policy framework that will reduce the
vulnerability of its citizens to the factors impeding the attainment of sustainable
development in the country. This can be done in any of following ways: (i) fiscal
consolidation, and (ii) better governance entrenched with politics of social justice
and inclusion. This will definitely help reduce the external vulnerability.
b.
Nigeria should ensure good governance and reduce corruption by promoting a
harmonious state-civil society-private sector partnership and participation while
ratification and accession on 19th December 1966); the Constitution of the United Nations Educational and
Scientific Organisation.
142
Fawehinmi G, op. cit.
143
The following developing countries like Nigeria have made constitutional provisions or other statutory
enactments entrenching right to education: Afghanistan, Algeria, Argentina, Brazil, Burundi, Chad Republic
Colombia, Congo Brazaville, Congo (Leopoldville) Zaire (now Congo D.R.), Ecuador, Guinea Republic,
Indonesia, Lebanon, Libya, Madagascar, Philippines, Morocco, Rwanda, Senegal, Somalia, Togo, etc.
144
Fawehinmi noted that “In Nigeria only education (made available to all free) can make development possible
because education is itself one of the development’s supreme goals.” See Fawehinmi G, op. cit., p.29. See also
Awolowo O, The Peoples Republic (Oxford University Press, London 1968) pp.305 and 311; Awolowo O,
Strategy and Tactics of the Peoples Republic (MacMillan & Co. (Nig.) Ltd. 1970) p.50
145
Such scholars include Adam Smith in his book The Wealth of Nations, Frederick Harbison and Charles
Myers in Education, Manpower and Economic Growth, Alfred Marshall in his book, Principle of Economics, 8th
ed. (1930), John Stuart Mill in his book, The Principle of Political Economy (1867), Karl Max in his Capital,
vol. I, John Vaizey in his The Economics of Education (1962), Theodore W. Schulz in Investment in Human
Capital (Free Press America 1971).
146
Jansen M, ‘Influences upon sustainable product development in the developing world’, p. 17
147
See footnote 85 above.
20
existing opportunities for discretionary intervention by state authorities that use
these mechanisms for their own benefits must be reduced.
c.
There is an outright need to reinforce the effectiveness of government and
encourage the development of the rule of law, justice, legal reforms and other
measures to move the nation forward.
d.
Resources should be directed into economic incentives and the democratization
process, creating a level playing field for all actors as inherent parts of the
development agenda. Government should create the requisite access to appropriate
know-how, as well as create an ability to make decisions independently and also a
stable policy environment.
e.
Progress should be made towards joint technology research and development with
other countries especially the developed, since the industrialized countries tend to
have more expertise in high-technology areas, while Nigeria is knowledgeable in
the needs of its regions.148 This technological transfer could be done through
various means: (i) via transnational corporations with subsidiaries in developing
countries or joint ventures. This involves the dissemination of knowledge via
workers, spill-over into local and related industry; (ii) via university exchanges
and research institutions; and (iii) via international and bilateral aid agencies,
international institutions and NGO’s. 149
f.
The government should ensure that there is political stability that gives the
government sufficient confidence that it is not averse to openness or citizen
participation in governmental decision – making; 150
g.
There must be an independent judiciary system that is impartial and informed,
fearless to pass judgments that may be contrary to the interests of the government.
h.
There is also need for communications infrastructure, which does not only cater
for physical needs but also established and well maintained for both travel and
telecommunications, like information telecommunications technology and also
personal development that takes the form of information literacy.
i.
In matters of justiciability of the provisions of chapter 2 of the Constitution, it is
imperative that the judiciary is allowed to develop jurisprudence which will
ultimately improve the good governance and welfare of the people. Therefore the
148
Ibid, p.36
Ibid, p.37
150
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to
information’,p.8
149
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minimum core content of Economic, Social and Cultural Rights (as embodied by
the fundamental objectives and directives of state policy) should be presented for
constitutional recognition.
However, for any of the above recommendations to be effectively achieved, Nigeria must
see them as challenges and take the following three (3) steps to address them. 151
The First is political will. Nigeria must recognize that these are issues which are
absolutely essential to its work on development at the global level. There is much work to be
done in this respect and it must be recognized that in many ways the key is the mobilization
of political will.
The second is taking practical steps. Whatever efforts taken will lack credibility if
they do not come out with something that people recognize as truly practical steps to carry
forward the sustainable development agenda. These steps must take the form of real
programmes and commitments built around certain themes.
The third is building a virile partnership. The effectiveness of what the Nigeria does to
ensure sustainable development greatly depends on what its official institutions do at the
national and at the global level. And, a great deal of what they can do by way of practical
action could be through partnership.
6.
Conclusion
Nigeria is one of the most environmentally favoured country on the African continent,
thus, its environment should ordinarily not be under threat where its governments actually put
in place the fundamental structures, institutions and policies that would ensure human
development first, which in turn would automatically improve the utilization of the
environmental and ecological systems, and this is the essence of sustainable development.
In this paper, we have tried to show that Nigeria’s quest for sustainable development
has been a tortuous one. Political instability, corrupt regimes, insecurity brewed by intracommunity wars and unrest, strangulating international debts, trade imbalances, abject
poverty152 and other governance challenges153 have characterized Nigeria’s desire for
151
Desai N, ‘Introducting Item 98: Environment and Sustainable Development’, pp.6-7.
Arko-Cobbah A, ‘Promoting sustainable development in Africa: civil society and free access to information’,
p.14
153
See 2009 Transparency International East African Bribery Index,
<http://www.transparency.org/news_room/latest_news/press_release_nc/2009_07_02_kenya_index.assessed>
accessed on 6 September 2010.
152
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sustainable development and require the concerted efforts of all actors to surmount. 154 These
challenges are many and growing.
Ultimately, we showed that the challenges tackling the achievability of sustainable
development in Nigeria go beyond the plundering of the environment and eco-systems alone
as is popularly espoused; rather, there are more governance and systems related trammels
than there are environmental issues. However, we recognize the fact that all the issues
involved are human related as human contributions to the achievement or otherwise of the
sustainable development can never be ruled out.
154
Kameri-Mbote P and Odote C, ‘Courts as Champions of Sustainable Development: Lessons from East
Africa’, p.37
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