Happiness as constitutional empowerment in Nigeria

saul_lealAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)

In Nigeria, happiness is understood as a Constitutional right and is more than a mere linguistic expression. Section 16(1)(b) of the Constitution provides that ‘the State shall, within the context of the ideals and objectives for which provisions are made in this Constitution, control the national economy in such a manner as to secure the maximum welfare, freedom and “happiness” of every citizen on the basis of social justice and equality of status and opportunity’. Nigeria thus constitutionalized happiness as part as its movement toward to a sustainable economy. This prevents the interference of economy with the people’s happiness.[1]

Nigeria shows how commitment to peoples’ happiness is able to diminish the strength of money in areas which must not be sold, thus emphasizing that there are things that money cannot buy. The African collective trauma caused by the intense economic exploitation conducted by the colonial system shows its value by inserting limitative factor into a constitutional provision in order to face the eventual side effects of unlimited economic power. The Nigerian government’s decision to deregulate the pricing of petroleum, the nation’s most valuable asset, ended up in court in a case which reached landmark status.

Read the rest of this entry »

Advertisements