Law and development in Nigeria: a need for activism

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Periodical article

Title:	Law and development in Nigeria: a need for activism
Author:	Lawan, Mamman
Year:	2011
Periodical:	Journal of African Law (ISSN 0021-8553)
Volume:	55
Issue:	1
Pages:	59-85
Language:	English
Geographic term:	Nigeria
Subjects:	development planning social and economic rights law popular participation
Abstract:	This article explores the use of law in development at two levels in Nigeria. Firstly, development as a State duty has been provided for under the constitution, thereby creating socioeconomic rights for citizens, albeit rights which are unenforceable. Secondly, development policies drawn up at different times have 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 socioeconomic rights enforceable. Secondly, people need to be active citizens through participation in the development process. Notes, ref., sum. [Journal abstract]