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.

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Mitigating the extractive industries resource curse in East Africa: Adopting the UN Guiding Principles on Business and Human Rights

samuel_matsikoAuthor: Matsiko Samuel
Human rights lawyer; Africa Excellence DAAD Scholar, South African-German Centre for Transitional Justice

On 19 – 21 January 2015, the Centre for Human Rights, University of Pretoria in partnership with the Institute for Human Rights and Business office in Kenya on behalf of the Africa Commission Working Group on Extractive Industries organized a three day consultative meeting for civil society and national human rights institutions . The consultations focused on challenges and best practices in the extractive industries in the East Africa Sub region.

The extractive industries sector in East Africa is growing exponentially with the discovery of oil and gas in Uganda and Kenya. In 2006, Uganda discovered commercially viable oil deposits in the Albertine Grabben in western Uganda with an estimate of 2.5 billion barrels of oil. In neighboring Kenya the government has issued more than 47 exploration licenses and has four prospective basins in Anza, Lamu, Mandera and the tertiary rift. Tanzania unlike its neighbor’s has no commercial discoveries of oil but it has built a niche in the natural gas sector with 2 producing gas fields in Songo Songo and Manzi Bay.

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