Opinions
Let Us Make A New Deal For Nigeria , by Chukwuma Soludo
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▪︎Being a Convocation Lecture delivered at the Veritas University, Abuja; 7th November, 2024, by Chukwuma Charles Soludo, Governor, Anambra State.
This University is a promising unique experiment in Catholic higher education, and I am glad to celebrate with you on this 13th Convocation ceremony.
This University A Real Centre of Excellence
About 2014, I led a discussion on the financial sustainability of the University under the auspices of the Catholic Bishops Conference of Nigeria’s (CBCN) finance committee.I am therefore thrilled to learn that the University has not only grown phenomenally over the past 10 years in every aspect but has become a real centre of excellence.
Let me salute the vision of the founding fathers as well as the hard work and determination of the successive management of the University to bring it to this spectacular stage.
800 Students Graduate
May I, at this moment, congratulate all the 800 graduating students for having been found worthy in character and learning to deserve the degrees of this University.
Perhaps, commiserations are also in order, and I will come to this later.I confessed to your Vice-Chancellor, Rev. Fr. (Prof.) Hyacinth Ichoku (who was my student) a few days ago that I was not sure what to say to you at this event.
Graduation Speech or Motivational Speeches
Graduation speeches have become a cliche.I am not sure I remembered what was said at my own graduation lecture nor even who delivered it.In sum, they have become motivational speeches on how fresh graduates should seize the moment and conquer the world— with a litany of principles and practical guides to successful living.
There are dozens of self-help books and with phones in your hands, you can Google and educate yourselves better. Or better still, with variants of Artificial Intelligence platforms, AI can help you piece together a better “to-do list” for fresh graduates.
So, increasingly graduation speeches might become a waste of time for everyone. I will, therefore, disappoint you since I will not rehash those “how to succeed” homilies here.
Quite frankly, I expected a near-empty hall for this event!For me particularly, what should a state governor at this moment in Nigeria (governors are largely the butt of many jokes) be telling fresh graduates?
Limited Edition Generation
Second, my generation of the 1960s,1970s and older ones constitute what I describe as the “Limited Edition Generation ” generation.
Someone noted that we are the last generation to listen to and take care of our parents and the first that are forced to listen to and even take care of our children until death.
So, I just wonder whether we should not reverse the roles: you do the talking while I do the listening?
Or can you endure the torture of my boring advisory?
I graduated 40 years ago in 1984
As I stand before you, I can feel some parallels between my own graduation and yours today.
Yes, I graduated 40 years ago in 1984, and I recall the hope and despair we all felt as we came from our various postings for the National Youths Service for the Convocation ceremony.
The military was groping in search of answers to Nigeria’s myriad and seemingly intractable social, political, and economic problems.
It was the year of severe austerity measures, with long queues for the so-called “essential commodities” (rice, salt, milk, vegetable oil, etc) as well as rationing of foreign exchange.
The era of NEPA, NITEL and SAP
The Nigerian Electric Power Authority (NEPA) was derisively described as meaning “Never Expect Power Always,” while the less than 200,000 available telephone lines were largely moribund.
The Federal Government of Nigeria (FGN) removed subsidies on students’ feeding in the universities, and the subsequent Structural Adjustment Programme (SAP) came with all the SAP-related riots and protests.
ASUU strikes closed universities for months/years. That was the beginning of an era when jobs for university graduates could no longer be taken for granted.
Which Way Nigeria?
There was an acute scarcity of basics with rising inflation, unemployment, and poverty while the War Against Corruption and Indiscipline was launched. This was the year we all thought that Nigeria had fallen apart.
Sonny Okosun summed up the collective despair and hopelessness in his famous song entitled: “Which Way Nigeria?”
Please Google and listen to the song—40 years ago!Fast-forward to today, 40 years after. You are all graduating in 2024—the year that Nigeria finally summoned the courage to end decades of debilitating and destructive petrol subsidies as well as forex and electricity subsidies, with all the consequential shocks including, once again, rising headline and food inflation as well as poverty and unemployment.
Criminality Becomes The “ New Economy”
It is also the year of the big floods which have affected 34 states and displaced nearly two million Nigerians. Criminality has become the “new economy”—banditry, kidnapping and drug epidemic. Much of our public service is transactional rather than transformational, and it is increasingly becoming difficult for people to render service except it benefits them personally.
The quest for money as an end is deafening, and for a growing percentage of our youths, their motto in life is: “Get rich young or die trying.”
For many, it is increasingly difficult to maintain balance, especially in a culture where virtue has little currency.
The global megatrends are such that only those who have scalable skills and continuously innovate and adapt will thrive.
The United States has just elected Donald Trump as president with some trepidations and hopes for what it portends for the world. Soon, you will face some uncomfortable truths.
Your Dream Jobs Are Not There
For starters, your dream jobs are not there, and about 80% of you will not practise what you studied. It is scary and I am not sure how adequately the University has prepared you for survival in chaotic times.
As I draw the parallels between my time of graduation and yours, I am not sure whether to say congratulations or commiserations.
But what you make of the current situation depends on whether you see it as a challenge or an opportunity.
For me, Nigeria remains the Black man’s greatest opportunity. National Youth Service The next year–your one year of National Youth Service may be the year for re-setting.
You will meet new people; you will stumble on new ideas—good and bad; and you may even try some adventures.
Community Service
One day a week, you will have what we used to call a day for “community service.”
Make that day count! It might be your rehearsal for selfless public service. Start with Volunteerism: volunteer to serve at every opportunity.
Do something good for the benefit of society from which you do not expect to be paid. It is a pivotal year, your balcony moment, and you must make it count.
During my youth service at the then University of Ife (now Obafemi Awolowo University, Ife), I attended all M.Sc classes in the Department of Economics—though I was not a registered student.
Perhaps, part of the impetus for me to resign from Coopers and Lybrand after five months to go back for post-graduate studies may have come from my NYSC experience.
My tailor in Abuja, Mr. Adekunle from Osun State, is a graduate of Geology from the University of Maiduguri.
He sold used clothes during his NYSC in Akwa Ibom and, from there, learned tailoring during the same service.
Today, he has more than 150 tailors, 30 graduates in Management, and other staff—all totalling over 200, working for him.I can cite over 100 similar examples. Thus, what happens in this one year of your ‘national service’ might determine whether Nigeria ends up as a half-empty or half-full glass for you.
Still, on your personal survival, let me add a little digression. Many of you probably only studied/read seriously while preparing for examinations, and believe that henceforth, the torture is over.
Bad News for You
I have bad news for you. Your bachelor’s degree (B.A.) might mean “Begin Again.”In today’s world, there is a connection between continuous learning and earning.
If you stop learning, you start decaying, or you can sum it up in a slogan: learn more to earn more! I have heard several of the richest people in the world brag about how many non-fiction books they read in a year.
I will not say more.As you venture into the uncertain world, you will need all the help you can get. You will need all the networks and partnerships you can get. Success in life is not just about what you know but even more so about whom you know.
As the saying goes, if you want to go fast, go alone, but if you want to go far, go together. So, you will need the help of others to get ahead.
“Anything” Cannot Take You “Anywhere”
Soon, you will start looking for jobs or other ‘help’ from people to jumpstart a new life.
For some decades, I always had young people approach me to help them find a job, and when you ask, ‘What do you want to do,’ a common answer was, “Anything.” Of course, “anything” cannot take you “anywhere” because as the saying goes, “if you don’t have a destination in mind, any road will take you there.”
So, my only tip to you on this occasion is to always seek intentionally to add value. Before you approach someone for help, there is a minimum investment/preparation you must make to be ready to be “helped.”
When you approach people, start with what value you will bring to the table—how you intend to ‘help them.’ This might sound counterintuitive. Paradoxically, that is also how you make money. Making money cannot be an objective; adding value is what makes money.
The Richest People in The World
Think of it for a moment. The richest people in the world (through enterprise, and not through rent or criminality) are those who set out to solve specific problems for society and money followed as a reward—naturally!. Think of the inventors, the software developers who set out to connect people socially (Facebook, Twitter, etc), industrialists, consultants, tailors, traders, or anyone seeking to create value for customers, and how money followed them consequently.
So, the next time you approach someone for help, start by telling them what you can also do for them, and you will see that they are more likely to listen to you than if you approach them for charity.
When You Are Applying for a Job
When you are going to apply for a job, spend time researching how you can help to improve the fortune of the company.
Instead of just “applying for a job,” write them a proposal on what you can offer, and you will see the difference.
Try it! Sorry, I veered off into advisory which I promised not to get into. Let me share some statistics that may jolt you to action.
Without a doubt, the first need of man is survival and safety. Maslow prioritized human needs as physiological needs (air, food, drink, shelter, clothing, sleep, and health), safety, love and belonging, esteem, and self-actualization.
Incomes Distribution
Again, the reality is that given Nigeria’s current income distribution, more than 60% of you may not go beyond satisfying the first need –physiological needs. When I was Governor of the Central Bank, we had a study that gave us a casual inference about the income distribution/inequality in Nigeria (beyond the Gini coefficient).
We discovered that 92% of the millions of depositors in Nigerian commercial banks had bank balances of N300,000 or less. But this 92% of depositors controlled about 7% of the total deposits, while the 8% that had over N300,000 controlled 93% of the total deposits.
I understand that a similar exercise was repeated several years later with a threshold of N500,000 and the distribution was largely unchanged.
Someone can crudely interpret this to mean that about 8% of the population controls 93% of the income, while 92% of the people control just 7% of income.
Crude as the statistics may seem but it tells a thousand stories and highlights the context of a society in which our new graduates must thrive and excel.
Unemployed or underemployed
I know many of you will already be casting and binding and praying that it is not your portion to end up among the 92% or among the many who may remain unemployed or underemployed for several years after your national service.
The point, however, is that if we all do not work to alter the meta-level architecture that produces such outcomes, much of our efforts at individual survival might be circumscribed.
My Core Message to YOU
This brings me to my core message to you: the current situation in Nigeria is not destiny. Everyone—I mean, everyone including you, the new graduates, can and must do something about it. Nation-building is too serious a business to be left to the politicians or public servants alone. A new social contract with basic socio-economic rights is possible.
Mission of Veritas University
Luckily, you are graduates of Veritas University—whose mission broadly interpreted is to mould new Nigerians that will create a new Nigeria. Let me bore you by reminding you of the Mission of your University, as boldly stated on the school’s website as follows:
“The mission of Veritas University is to provide its students with an integral and holistic formation that combines academic and professional training with physical, moral, spiritual, social and cultural formation together with the formation of Christian religious principles and the social Teachings of the Catholic Church…
Based on Christian inspiration and Christ’s sacrificial witness, the University shall promote authentic human and cultural development modelled on the person of Christ and shall champion the cause of justice and uprightness in society, work to empower the weak and the marginalized and promote dialogue and collaboration in human relationships at various levels and among various cultures and religions…..
Thus, graduates from Veritas University, Abuja, after successfully completing their studies, should be able to use the knowledge for the upliftment of themselves and the Nigerian society…
”Wow! The public-purpose mission of your university is a bold statement of progressive social thought. Combine the Catholic Social Teachings with Rick Warren’s book “The Purpose Driven Life” and laced with Chapter Two of the 1999 Constitution of Nigeria (“Fundamental Objectives and Directive Principles of State Policy”), and you have a robust Progressive ideology and manifesto.
I pray that these documents can be mandatory readings in one of the ‘General Studies’ courses at your university. If your students/Nigerians take them as their compass in pursuit of private and public good, a new Nigeria will indeed be on the way.
These documents motivate us to a life driven by purpose above self and remind us that to serve is to live. Selfless public service is the greatest form of philanthropy.
I am in love with pragmatic progressivism, particularly Chapter Two of our Constitution, which provides a compass to a competitive yet humane and compassionate society where no one is left behind. It seeks to establish the social contract between the State and the citizens, although this contract is adjudged non-justiciable.
Making much of the aspirational contents of Chapter Two of the Constitution justiciable will create a new generation of Nigerians who feel a great debt of gratitude and, therefore, are fired by an intense sense of nationalism/patriotism to want to “give back to society.”
Increasingly, I meet young people who argue that they do not feel any sense of obligation/duty to the country.
They do not feel that the country has invested in them to demand patriotism and duty to the country. Unlike my generation, the nation did not offer them qualitative and tuition-free education at all levels. Why, after pulling themselves by their own bootstraps, should they care for Nigeria that has not cared for them? Sometimes it is difficult to respond appropriately without bringing God into the conversation.
Often, my answer is to remind everyone that if God, in His infinite wisdom, decided to make us Nigerians, there must be a purpose—and that purpose must be for us to contribute to His creation by leaving the country better than we met it. I must admit that this Homily, ennobling as it sounds, is not enough.
We must collectively do something to give every Nigerian a stake in the future of the country. Nigeria is undergoing a fundamental and disruptive reset. Hopefully, we have ended the debilitating scam called fuel subsidy as well as the forex and electricity subsidies. We have entered a “muddling-through” phase which we must navigate carefully. Soon we must migrate from the destructive subsidies that benefitted largely the urban elite to a productive social contract that creates opportunity for all.
Take education for example. I am a beneficiary of tuition-free, qualitative primary, secondary and university education in public schools.
We even had subsidized meals at the public University until the government could no longer afford them.
If there was nothing else that the military regimes used our first and second oil booms for, at least I can attest to their investment in education.
My generation will remain grateful, and for some of us, much of our life, especially in public service, is payback time.
As we muddle through the shocks occasioned by the needed disruptive changes, we must sit and craft a pragmatic New Deal for Nigeria plus an emergency national infrastructure plan akin to the U.S. Marshall Plan for Europe after the Second World War.
In the 21st and 22nd centuries driven by digitalization, only societies that intentionally mine their human capital will triumph.
A New Deal for the U.S. was a “series of programs, public works projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the U.S. between 1933 and 1938 to rescue the U.S. from the Great Depression”.
Some elements of the New Deal, such as the Minimum Wage legislation, Draft Tax Reform Bill, planned cash transfers, etc, as well as the audacious Lagos-Calabar Coastal Highway and Lagos-Skoto highway, are positive signs.
This moment calls for historic coordination between the federal and state governments to agree on the critical elements of the augmented New Deal and Marshall Plan as well as their implementation to deliver outcomes within the shortest possible time. A key issue will be the ‘national plan’ for the deployment of the apparent “fiscal/subsidy windfall.”
I say “apparent” windfall because much of the nominal increase in fiscal revenues is largely a money illusion.
In both US dollar terms and real purchasing power terms, much of the current revenue windfall is still far lower than in previous years.
For example, a state that received N5 billion or US$43.4 million as monthly FAAC allocation in 2007/8 when the exchange rate was N118 to the dollar and a bag of cement sold for a few hundred Naira would need to receive at least N77 billion a month at current exchange rate and prices to be restored to its 2007/8 position.
Infrastructure for the 21st and 22nd Centuries
But the state does not get even a third of such. Fixing the oil output will be a critical game changer in the short to medium term.
However minuscule or even non-existent the windfall in real terms, the federation must be seen to intentionally execute a new Deal that pragmatically coheres with our peculiar federalism while urgently addressing the needs of the people.
Besides the humongous investment to build infrastructure for the 21st century, we urgently need to prioritize our national investment in human capital— to transform our abundant human resources into productive capital.
In the 21st and 22nd centuries driven by digitalization, only societies that intentionally mine their human capital will triumph.
Deploying our depleting natural resources to invest in the bridge to the future—human capital—will not only give our teeming population a stake in society but also secure their future.
As a country, we must aim to remember this time in our history as the moment when we dared to remove the negative subsidies but deployed a part of the windfall to benefit our children and youths—via their education and health.
At the minimum, we should set a national target to bring out-of-school children to zero within 5-8 years and qualitative tuition-free secondary education to all Nigerian children within 10 years while mainstreaming selected centres of excellence for the exportable labour force.
As pragmatic progressives, we are trying the experiment in Anambra State.
Within our two and half years in office, we have kept our eyes on creating this future we desire.
Besides the historically unprecedented investment in transport networks especially to communities/local governments that never saw tarred roads/bridges/flyovers, aggressive urban regeneration, state-wide pipe-borne water revolution, three new cities including an entertainment/leisure city (fun-city) and an industrial city, breaking the 33-year old jinx of giving Anambra a government house/governor’s lodge, reforming and strengthening the public service, massive investment in security, law and order; etc, we have prioritized human capital development as our beacon to the future. We aim for human capital that is productive at home and exportable abroad.
There is an ongoing infrastructure revolution in our public hospitals—building/modernizing and equipping 326 primary health centres in 326 wards in the state; remodelled and equipping three general hospitals and completing/equipping five new general hospitals; pioneering telemedicine; building best-in-class trauma centre in our tertiary hospital as well as a world-class college of nursing sciences, etc.
Our health policy offers free antenatal services (with drugs) as well as free delivery (including CS surgeries) to pregnant women in all public hospitals. So far over 60,000 women have benefitted and with near zero mortality rate.
On education, besides the massive infrastructure upgrade of primary and secondary schools (with some migrating to smart education), we set out to end the era of schools without teachers by employing 8,115 new teachers.
We now have free education—free of tuition and all levies—in all public primary and secondary schools in Anambra.
We also subsidize Mission primary and secondary schools by posting thousands of government teachers to their schools, costing the government over N1.3 billion per month as a subsidy them. We also make grants to them as well as grants to Mission tertiary institutions.
Within the first nine months of the programme, enrolment in public schools increased by 18.7% and out-of-school children dropped to 2.9% — the lowest in Nigeria among the thirty-six states and FCT. Currently, we are aiming for zero out-of-school children.
One Youth, 2Skills Programme
Our investment in youths, with our innovative ‘One Youth, 2Skills Programme’— which the FGN has now adapted into the national curricula, has created over 5,000 new entrepreneurs, with an additional 8,300 soon to complete their apprenticeship and will be empowered to become an entrepreneur.
Our innovation district— our own Silicon Valley—aims to create a One Million digital tribe army, and so far, tens of thousands have received digital training including Coding skills.
Many are already employed in the digital space. We are very intentional in this drive to empower the next generation to take charge of their lives and move Nigeria forward.
Our goal is to break the dynasties of poverty by making education the ladder of opportunity for the poor to break the vicious circle.
When I was growing up, the children of the rich and the poor attended the same school and were taught by the same teacher. If the children of the poor were brilliant, they had a chance to do better than the children of the rich.
Today, not anymore! The children of the rich now attend expensive and well-resourced private schools while the children of the poor, especially the poorest of the poor attend poorly resourced public/community schools.
With poor learning outcomes, these children of the poor end up with no skills/opportunities and end up poor while their own children end the same way. Poverty, therefore, becomes a dynasty.
All of us must intentionally work to break this vicious cycle. A new national social contract can intentionally eliminate illiteracy and upscale the labour force within a generation. Yes, it is possible!
The year 2050 Expectations
By 2050, it is expected that there will be more than 400 million Nigerians and by the end of this century, Nigeria will be the third most populated country in the world after India and China.
With an ageing Europe and North America, Nigeria must opportunistically prepare to become the number one supplier of labour to the rest of the world.
Probably by then, the export of labour will be Nigeria’s largest source of export earnings. So, the Nigerian state must deliberately prioritize and invest in the people—especially their health and education.
We may have to rethink the current structure and model of education in the country. We must now conclude.
The governing elite has a state of emergency in our hands, and we must not fail the country. Every citizen is called to duty. God did not make a mistake in making us Nigerians.
To our young graduates, Veritas University has imbued you with knowledge, skills, and social thought to mobilize you for the public good. The future you seek is in your palms, and only those who plan can control the future.
As I look into your eyes, I can see hope. Yes, Nigeria may not have offered you much, but in fulfilment of your divine purpose on earth, you will be expected to give more than you have received.
I therefore urge you all to show up and participate in shaping the destiny of this nation.
We are Nigerians and this country belongs to all of us. We are all birds of passage but each of us must account to our Creator what we did while at our pilgrim post here on earth.
As I look around, I do not see many of the doyens of Nigeria’s first, second and even third republics.
Let no one tell you that you are the leaders of tomorrow.
That tomorrow is here: take it and shape it so that Nigeria can realize its manifest destiny as the greatest Black power and the leader in the 22nd century.
May your road be rough, and let us get it done, together!
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Are you aware that some of the world’s political leaders, global business leaders, and even religious leaders are not comfortable with the second coming of the 47th President of the United States of America- Donald Trump?
This is understandable. After all, it’s been said that heaven has favourites.
Immediately Donald Trump came back to the White House on 20 January 25, he hit the ground running by starting to deliver his campaign promises.
During his inauguration, he boldly re-affirmed his “Make America Great Again (MAGA)” agenda with sweeping statements on how he intends to use Tax and Tariff on foreign countries and foreign businesses to better the lot of Americans.
Here’s the highlight of his thundering that sends fears running through the spines of people around the globe:
▪︎Trump, who confidently said: ” I was saved by God to make America great again, declared: Today, I will sign a series of historic executive orders. With these actions, we will begin the complete restoration of America and the revolution of common sense. It’s all about common sense.
▪︎First, I will declare a national emergency at our southern border. All illegal entry will immediately be halted, and we will begin the process of returning millions and millions of criminal aliens back to the places from which they came. We will reinstate my Remain in Mexico policy.
I will end the practice of catch and release. And I will send troops to the southern border to repel the disastrous invasion of our country.
▪︎ Under the orders I signed today, we will also be designating the cartels as foreign terrorist organizations. And by invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil, including our cities and inner cities.
▪︎As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do. We will do it at a level that nobody has ever seen before.
▪︎Next, I will direct all members of my cabinet to marshal the vast powers at their disposal to defeat what was record inflation and rapidly bring down costs and prices.
The inflation crisis was caused by massive overspending and escalating energy prices, and that is why today I will also declare a national energy emergency. We will drill, baby, drill.
▪︎America will be a manufacturing nation once again, and we have something that no other manufacturing nation will ever have — the largest amount of oil and gas of any country on earth — and we are going to use it.
We’ll use it. We will bring prices down, fill our strategic reserves up again right to the top, and export American energy all over the world. We will be a rich nation again, and it is that liquid gold under our feet that will help to do it.
▪︎With my actions today, we will end the Green New Deal, and we will revoke the electric vehicle mandate, saving our auto industry and keeping my sacred pledge to our great American autoworkers.
In other words, you’ll be able to buy the car of your choice. We will build automobiles in America again at a rate that nobody could have dreamt possible just a few years ago. And thank you to the autoworkers of our nation for your inspiring vote of confidence. We did tremendously with their vote. ▪︎I will immediately begin the overhaul of our trade system to protect American workers and families. Instead of taxing our citizens to enrich other countries, we will tariff and tax foreign countries to enrich our citizens. For this purpose, we are establishing the External Revenue Service to collect all tariffs, duties, and revenues.
It will be massive amounts of money pouring into our Treasury, coming from foreign sources.
The American dream will soon be back and thriving like never before.
▪︎To restore competence and effectiveness to our federal government, my administration will establish the brand-new Department of Government Efficiency.
After years and years of illegal and unconstitutional federal efforts to restrict free expression, I also will sign an executive order to immediately stop all government censorship and bring back free speech to America. Never again will the immense power of the state be weaponized to persecute political opponents — something I know something about. We will not allow that to happen. It will not happen again.
▪︎Under my leadership, we will restore fair, equal, and impartial justice under the constitutional rule of law. And we are going to bring law and order back to our cities.
This week, I will also end the government policy of trying to socially engineer race and gender into every aspect of public and private life. We will forge a society that is colorblind and merit-based.
▪︎As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female.
Opinions
Environmental Rights as Constitutional Rights: Nigeria’s Legal Evolution, by Collins Okeke
The Supreme Court’s watershed decision in Centre for Oil Pollution Watch (COPW) v. Nigerian National Petroleum Corporation (2019) 5 NWLR (Pt. 1666) 518 cemented the constitutional status of environmental rights.
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Introduction
The environmental crisis in Nigeria’s Niger Delta region represents one of the most severe cases of industrial pollution in human history.
Since oil’s discovery in 1958, this once-pristine delta ecosystem has endured systematic degradation through oil spills, with conservative estimates indicating between 9 and 13 million barrels of oil released into the environment.
Between 2020-2021 alone, the National Oil Spill Detection and Response Agency documented 822 separate oil spills, releasing 28,003 barrels of oil into sensitive ecosystems.
Nigerian courts have developed an innovative constitutional framework for environmental protection in response to this ongoing environmental catastrophe.
This jurisprudential evolution marks a significant departure from traditional common law and statutory remedies, establishing environmental rights as fundamental human rights deserving constitutional protection.
Changing environmental rights from mere policy objectives to enforceable constitutional rights represents one of the most significant developments in Nigerian constitutional law.
Constitutional Framework for Environmental Protection
The Nigerian Constitution establishes environmental protection through several interconnected provisions.
Section 20 explicitly mandates that “the State shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria.”
Whilst placed within Chapter 2 of the Constitution, this provision has gained increasing significance through judicial interpretation and legislative action.
Traditionally, Section 20’s placement within the Fundamental Objectives and Directive Principles of State Policy rendered it non-justiciable under Section 6(6)(c) of the Constitution.
However, Nigerian courts have developed two significant exceptions to this principle of non-justiciability.
The first exception arises when the National Assembly exercises its powers under Items 60(a) and 68 of the Exclusive Legislative List by enacting laws to “promote and enforce the observance of the Fundamental Objectives and Directive Principles” contained in Chapter 2 of the Constitution.
When the National Assembly enacts legislation relating to Chapter 2 provisions pursuant to Items 60(a) and 68 of the Exclusive Legislative List, the courts have consistently held these provisions to be enforceable.
The second exception occurs when Chapter 2 provisions are interpreted in conjunction with justiciable provisions of the Constitution, particularly the fundamental rights outlined in Chapter 4. In such circumstances, the provisions of Chapter 2 become enforceable.
Beyond Section 20, the Constitution provides additional environmental protection through fundamental rights provisions.
Section 33(1)’s right to life and Section 34(1)’s right to human dignity have been interpreted to encompass environmental protection.
These provisions within the justiciable Chapter 4 provide direct avenues for environmental rights enforcement.
African Charter Framework
The African Charter operates through a unique dual mechanism in Nigeria, functioning as an international treaty and as domestic legislation through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
The Supreme Court in Abacha v Fawehinmi (2000) 6 NWLR (Pt. 660) 228 established that whilst the African Charter is subject to the Constitution, it holds “a greater vigour and strength” than ordinary domestic statutes.
The Charter provides several environmental rights that complement constitutional protections.
Article 4 guarantees the right to life, which the African Commission has interpreted to include protection from life-threatening environmental conditions.
Article 16 establishes the right to the best attainable state of physical and mental health, whilst Article 22 recognises the right to economic, social, and cultural development.
Most directly, Article 24 guarantees the right to a general satisfactory environment favourable to development.
These Charter rights gain additional force through the Fundamental Rights Enforcement Procedure Rules 2009, which mandate expansive interpretation of both constitutional and Charter rights.
The Rules specifically provide for enforcement of Charter rights alongside constitutional rights, creating a comprehensive framework for environmental protection.
Early Jurisprudential Developments Initial judicial approaches to environmental rights claims adopted a restrictive interpretation of constitutional provisions.
Courts generally treated environmental matters as policy issues rather than justiciable rights, limiting remedies to traditional common law and statutory frameworks.
This approach reflected a narrow reading of Section 6(6)(c), treating Chapter 2 provisions, including Section 20’s environmental mandate, as purely aspirational. However, over time, this restrictive approach began to shift.
The Supreme Court established the transition from non-justiciability to enforceability of Chapter 2 rights in the landmark decision of Olafisoye v. Federal Republic of Nigeria (2005) 51 WRN 6. Olafisoye was charged with corrupt practices under Section 15(5) of Chapter 2 of the Constitution, which addresses the fundamental objective of government to abolish corruption.
Olafisoye challenged his indictment on the grounds that Section 15(5) of Chapter 2 of the Constitution was non-justiciable.
After losing at both the High Court and Court of Appeal, he made a final appeal to the Supreme Court.
Justice Niki Tobi, delivering the lead judgement, first reviewed the history of Chapter 2 rights and referenced the “raison d’être” of the Constitution’s drafters to explain the chapter’s rationale.
The Supreme Court Justice stated that Chapter 2 rights were established in the Constitution as aspirational goals with future potential for enforceability.
He explained that this was why Section 6(6)(c) provided exceptions to the non-justiciability of Chapter 2.
Justice Niki Tobi held that whilst corrupt practices established by Section 15(5) are not justiciable at face value, these provisions may become justiciable when read in conjunction with Item 60(a) of the Second Schedule to the Constitution, which empowers the National Assembly “to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution.”
He stated: “The non-justiciability of Section 6(6)(c) of the Constitution is neither total nor sacrosanct as the subsection provides a leeway by the use of the words ‘except as otherwise provided by the Constitution.’
A community reading of Item 60(a) and Section 15(5) results in quite a different package, a package which no more leaves Chapter 2 a toothless dog which could only bark but cannot bite.
In my view, by the joint reading of the two provisions, Chapter 2 becomes clearly and obviously justiciable.”
The Supreme Court dismissed Olafisoye’s objection, with Justice Niki Tobi holding that the indictment fell within the exceptions permitting the National Assembly to legislate the enforcement of Chapter 2 rights.
The Olafisoye decision established the doctrine that whilst Chapter 2 (Fundamental Objectives and Directive Principles of State Policy) is generally non-justiciable, it is enforceable within the exceptions permitted by the Constitution.
The Gbemre Decision: A New Direction
The Federal High Court’s decision in Gbemre v Shell Petroleum Development Company Nigeria Ltd & Ors (2005) AHRLR 151 marked a fundamental transformation in Nigerian environmental rights jurisprudence.
The case concerned gas flaring activities in the Niger Delta region, with communities alleging violations of both constitutional and Charter rights.
The Court’s groundbreaking decision recognised environmental rights as fundamental human rights for the first time in Nigerian judicial history.
In a seminal declaration, the Court held that “the constitutionally guaranteed fundamental rights to life and dignity of human person provided in Sections 33(1) and 34(1) of the Constitution… inevitably includes the right to clean poison-free, pollution-free and healthy environment.”
Significantly, the Court found that gas flaring activities violated these constitutional rights, establishing that industrial activities causing environmental harm could constitute fundamental rights violations.
The decision also bridged constitutional and Charter protections, demonstrating how these frameworks could work together to protect environmental rights.
COPW: Supreme Court Confirmation
The Supreme Court’s watershed decision in Centre for Oil Pollution Watch (COPW) v. Nigerian National Petroleum Corporation (2019) 5 NWLR (Pt. 1666) 518 cemented the constitutional status of environmental rights.
The case arose from an oil pipeline explosion that contaminated waterways, destroyed aquatic life, and threatened community health and livelihoods.
The Supreme Court stated: “The present action concerns an oil pipeline that burst, allegedly spilling crude oil into waterways, polluting drinking sources and destroying aquatic life, plant life, and fauna, and also endangering the health and lives of the people of the community.
In this regard, Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 provides for the right to life.
Any act or omission which threatens the health of the people of the community also threatens their lives and is in breach of the guarantee of the right to life provided by the Constitution of the Federal Republic of Nigeria, 1999.”
The Court further stated: “Section 33 of the 1999 Constitution guarantees the right to life whilst Section 20 of the Constitution provides that ‘the State shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of the country.’
See also: Article 24 of the African Charter on Human and Peoples’ Rights, which provides ‘All peoples shall have the right to a general satisfactory environment favourable to their development.’
These provisions show that the Constitution, the legislature and the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory, recognise the fundamental rights of the citizenry to a clean and healthy environment to sustain life.”
This judgement significantly expanded the scope of environmental rights within the context of oil pollution damage, particularly linking the right to life and the right to a clean environment.
Communities affected by environmental degradation now have standing to bring constitutional claims. Courts must consider environmental harm within the framework of fundamental rights violations.
Impact and Current State of the Law
The COPW decision effectively overruled more restrictive approaches to environmental rights, establishing several crucial principles.
First, it confirmed that environmental degradation can violate fundamental rights under both the Constitution and the African Charter.
Second, it established that environmental rights are directly enforceable through constitutional claims.
Third, it mandated a broad and purposive interpretation of environmental rights to ensure effective protection. Subsequent courts have consistently followed and built upon COPW’s constitutional framework.
Most notable are Mobil Producing (Nig) Unlimited v. Ajanaku & Anor (2021) LPELR-52566(CA) and Chief Isaac Obor – Ntito Torchi and Others v. Shell Development Company Limited and Others (Suit No. FHC/OW/CS/05/2020).
In the latter case, the most recent case, the court awarded unprecedented damages of Eight Hundred Billion Naira against Shell for environmental pollution – the largest such award in Nigerian history. This represents a decisive shift from the old constitutional orthodoxy that considered environmental rights non-justiciable to the current approach treating them as enforceable constitutional rights.
These developments have significant practical implications. Communities affected by environmental degradation now have standing to bring constitutional claims. Courts must consider environmental harm within the framework of fundamental rights violations.
The broad interpretative approach mandated by COPW and followed in subsequent cases provides flexibility in recognising various forms of environmental harm as rights violations.
These legal developments for multinational oil companies operating in Nigeria present substantial new risks and obligations.
The elevation of environmental rights to constitutional status means that oil companies now face potential liability not just under traditional environmental regulations, but also for fundamental rights violations.
This expanded liability framework has several key implications for multinationals:
First, the constitutional framework allows for significantly higher damages awards, as demonstrated by the Eight Hundred Billion Naira judgement against Shell.
Unlike statutory environmental fines, there are no preset limits on constitutional damages.
Second, the broader standing rules for constitutional claims mean that entire communities, not just directly affected individuals, can bring claims against oil companies.
Third, the constitutional nature of these rights means that companies cannot rely on mere compliance with environmental regulations as a complete defence – they must ensure their operations do not infringe on fundamental rights to life and a healthy environment.
Finally, the constitutional framework creates enhanced reputational risks for multinationals, as being found liable for human rights violations carries greater stigma than traditional environmental infractions.
▪︎Collins Okeke is an Associate Partner, Olisa Agbakoba Legal.
Opinions
Propaganda Journalism: Are Image Makers To Blame or The Board ?
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By Ichaburu Ochefa
Image credit: The Hoot
“Our refinery not 90% completed – BUA
The management of BUA Refinery and Petrochemicals has denied reports its refinery is 90 percent completed.” (Daily Trust)
“CBN Dismisses Forced Exit Claims, Says 1,000 Staff Exited Voluntary with Full Benefits” (Arise News)
“FCCPC denies claims of halting investigations into Air Peace, other sectors” (The Nation)
” Port Harcourt Refinery begins operation, says NNPC (Premium Times)
“NNPC Ltd Delivers on Refinery Revamp Promise: Warri Plant Resumes Operation with 125,000bpd Capacity in Warri, Delta State.” (Dec 30, Reuters)
Looking at the above headlines clips, what do they have in common?
Managements discredited news reports that emanated from the organizations. Either from the corporate affairs departments duly signed by the company’s image maker or a member of the board of directors of the company.
Also, the information may have been gotten by the reporter or Editor, through an insider ( the CEO himself, a director, driver, cleaner, PRO, etc) in the company.
He hurries to write the story and breaks it as an “exclusive or a scoop”, on his media platform.
However, to promote or project an organization’s image in a positive light to the government, the shareholders, and other stakeholders, some company’s media departments have employed what we call “agitprop” or propaganda journalism, which is coloring falsehood, lies, and misinformation, to look like truth.
It is a powerful tool or weapon to move the crowd to believe what is fake is real and things like that.
Just to sway or pull the crowd to accept that viewpoint.
Advertisers use it often in the marketing of products and services.
Maybe you are familiar with clichés such as these:
“Use this cream and you will look glamorous.”
“Use this toothpaste and…”
“Everybody is drinking this water…” Propaganda journalism or messages are destructive.
It is like you lied to me before, how can I trust you again?
Again, some news sources or makers even employ what is called synecdoche, a figure of speech in English -Literature.
Synecdoche means when you use a part to represent a whole, or a whole for the part.
Therefore, organizations and their image makers had better ensure that the information they are sending out for public consumption is crafted in such a manner that what is written is what is understood, and what is understood is what is meant
That’s what may have played out in the reportage of the NNPCL refineries in Port Harcourt and the Warri Refinery and Petrochemicals.
The NNPCL, in its press releases, made the public believe that they had started working, whereas it was a section of the refineries.
Media reports had it that in November and December 2024, respectively, the NNPCL announced the revamping of the refineries, even if partially, with Port Harcourt at 70 percent level functionality, while the Warri refinery is currently operating at 60 percent.
The announcements led to the government rejoicing, a well-done and for the good works to the NNPCL management, and an encouragement by Mr President to the Corporation’s head to finish the Kaduna refinery and the New Port Harcourt Refinery, too.
However, the praises were soon cut shut, following the outpourings of doubts about the Workability of the refineries.
The doubters include oil, some people in the oil and gas industry, petroleum engineers, as well as Nigeria’s elder statesman, former President Olusegun Obasanjo.
SweetcrudeReports, recently reported: ” Experts, stakeholders and inside sources at the Port Harcourt Refinery are faulting the recent Nigerian National Petroleum Company Limited, NNPC, claims on the return of the 60,000 barrels per day old Port Harcourt refinery to operations.
They described the claims as amounting to national deceit. Investigations at the refinery showed that the plant currently refines only 6,500 barrels of crude oil some days (not even daily), which can only load 10 trucks. Industry experts say this is insignificant when compared to the refinery’s 60,000 barrels per day refining capacity and its loading capacity of 180 to 200 trucks daily.
According to the experts, a refinery of 60,000 per day capacity that is processing only 6,500 barrels cannot be described as working. “As it stands now, it is only the CDU (Crude Distillation Unit) that refines just 6,500 barrels per day and produces nothing more than 10 trucks maximum per day that is working, ”Alex Ogedegbe, a chemical engineer, expert refiner and former Managing Director of the Port Harcourt Refinery and the Warri Refinery, told SweetcrudeReports.
He added: “It is not the full refinery that is functioning. No refiner can claim that with only one unit running, and for that, the Port Harcourt refinery has begun operations and thus issues fake figures to Nigerians.
President Olusegun Obasanjo also expressed reservations over the workability of the Port Harcourt and Warri refineries.
Obasanjo who spoke recently on a national television, likened the declaration by the NNPC that the crude oil refining facilities are now working to a farmer who lied about the volume of his crops during the planting season, insisting that the truth will always be revealed during the harvest season.
“So if anybody tells you now that they (the refineries ) are working, why are they not with Aliko (in the market)? And Aliko will make his refinery work. Not only make it work, he will make it deliver.
“Whether we announce our government refineries are working or not working, look, it is like they say in Yoruba adage, ‘the man who plants 100 heaps of yams and says he has planted 200 heaps, they say after he has harvested 100 heaps of yam, he will also harvest 100 heaps of lies,” he said in response to a question on the oil assets.
What is the point?
Therefore, organizations and their image makers had better ensure that the information they are sending out for public consumption is crafted in such a manner that what is written is what is understood, and what is understood is what is meant; otherwise, the receivers will read different meaning or give a different interpretation to the information.
In the words of Anuk Kumar, any news that does not contain facts and shades of opinion that allow readers to draw their own meaning is inadvertent propaganda.
▪︎Ichaburu Ochefa, a media professional and communicator, wrote this piece in Lagos.
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