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5 - The Impact of Economic and Social Rights in Nigeria: An Assessment of the Legal Framework for Implementing Education and Health as Human Rights

Published online by Cambridge University Press:  27 July 2009

Varun Gauri
Affiliation:
The World Bank
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Summary

A lot of falsehood has been published over the years in newspapers about my government and I never lose sleep over them because less than five per cent of Borno people can read and understand what is written in newspapers.

INTRODUCTION

Development requires open and accountable government, which, in turn, needs a healthy and educated population. Conversely, a population that is destitute in both health and awareness is more likely than not to suffer bad government gladly. Public-policy making, especially in developing contexts such as Nigeria, involves the allocation of public resources for the realization and advancement of development as a public good. As a public good, development – or what African leaders in the New Partnerships for Africa's development have called “people-centered development,” extends to the all-round betterment of human well-being and is guaranteed by the strength, legitimacy, and effectiveness of public institutions, including the judiciary and administrative machinery of government. Irrespective of how the public interest in these outcomes is framed in law or the constitution, it remains true that the governance context largely frames its realization or frustration. This context, in turn, is a function of “a political environment which guarantees human rights and the rule of law, [which is] popular-based.”

Good government is founded on a tripod of three values: credibility, accountability, and capacity. The credibility of the government is essential for and reinforces its service delivery.

Type
Chapter
Information
Courting Social Justice
Judicial Enforcement of Social and Economic Rights in the Developing World
, pp. 183 - 223
Publisher: Cambridge University Press
Print publication year: 2008

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References

Ogowewo, Tunde I., 2005. Self-inflicted constraints on judicial government in Nigeria, Journal of African Law 49(1): 39, 46–53CrossRefGoogle Scholar
Obiagwu, Chinonye & Odinkalu, Chidi Anselm, 2002. Nigeria: Combating legacies of colonialism and militarism. In An-Na'im, Abdullahi (ed), Human rights under African constitutions: Realizing the promise for ourselves (p. 211)Google Scholar
Oputa, Justice C. A., 2007, Towards justiciability of the fundamental objectives and directive principles of state policy in Nigeria. In Okeke, Chris (ed.), Towards functional justice: Seminar papers of Justice Chukwudifu Oputa (pp. 1–11). Ibadan, Nigeria: Gold Press LimitedGoogle Scholar
Odinkalu, Chidi Anselm, 2002. Implementing economic, social and cultural rights under the African Charter on Human and Peoples' Rights. In Evans, Malcolm & Murray, Rachel, The African Charter on Human and Peoples' Rights: The system in practice 1986–2000 (p. 178)Google Scholar
Ouguergouz, Fatsah, The African Charter on Human and Peoples' Rights: A comprehensive agenda for human dignity and sustainable democracy in Africa, 657 (2003)
Okonta, Ike and Douglas, Oronto, 2003. Where vultures feast: Shell, human rights and oil, London: VersoGoogle Scholar

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