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N’Delta And Human Rights Abuse

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Vivid images of environmental and political degradation of the Niger Delta region of Nigeria were a terrifyingly common place: surfaces of rivers and streams littered with dead fish; little children dying from the effects of contaminated water and the devastating impact of violent unrest by vast numbers of unemployed, disaffected and disenchanted youth. The apparent insensitivity of the Nigerian government and transnational corporation in the region deserves urgent attention.

The social economic problems in the region are grounded in a fundamental and systemic disregard for human rights and the inequities of resource allocation. If the revenues from natural resources obtained from these regions in Nigeria were properly managed and fairly allocated, the societal dissensions and historically deep resentments might be less profound.

It is no secret that the human rights regime as it relates to corporate responsibilities in Nigeria is somewhat rudimentary, although globalization has provided massive and profitable opportunities to companies and other multi-nationals in this region, the native inhabitants frequently continue to suffer. Investigations of corporate conduct carried out by Amnesty International and Judicial Watch in the Niger Delta region revealed serious violations of human rights, which have included, among others, environmental degradation, forcible displacement, extra-judicial killings and war crimes.

International human rights law principally affects two categories of actors who may be held liable for abuses. First is the states, through the concept of state responsibility.

States are custodians of full range of human rights, whether defined in treaties or customary law. Individual responsibility applies to a far smaller range of abuses, principally characterized by the gravity of their physical or spiritual assault on the individual.

The theory of corporate responsibility for human rights protection is now a seminal part of international law. Building upon the traditional notion whereby international law generally places duties on states and, more recently, individuals, it is pertinent to question how the international legal process might provide for human rights obligations directly on corporations. Although the United States and other developed countries recognise human rights protection due to corporate unethical activities, around the world, countries in Africa, including Nigeria argued that the duty to protect against human rights violations by third parties rests with the state. Yet, the Nigerian government has frequently failed to meet its obligations to respect and protect human rights, while it provides security to the oil industry, because of its importance to the economy.

The Nigerian government and the courts have consistently discouraged the institution of these law suits. This has resulted in institution of these law suits. This has resulted in instituting these actions in the US Federal District Courts under the Alien Tort Claims Act (ATCA). For example, in Ken Saro-Wiwa  v. Royal Dutch Petroleum Co., a suit brought against International Shell Oil defendants in a US court for the detention and execution of several Nigerians, including prominent author, Ken Saro-Wiwa, arising out of disputes over the development of oil resources in Ogoni, Plaintiffs alleged that, Shell instigated, orchestrated, planned and supported the government of Nigeria to torture and execute the claimant’s family members. The federal district court sitting in New York held that it had jurisdiction to hear the case. The case was later settled.

The Alien Tort Claims Act gives federal courts jurisdiction to hear claims of aliens for violations of international law. These cases are important evidence of the trend toward corporate accountability.

Establishing legal frameworks for corporate accountability in the Nigerian jurisprudence can be dealt with in two folds. One, Nigeria courts should look to foreign decisions and international law about corporate human rights issues. Secondly, it should undertake a review of the laws affecting the relationship of the host communities.

A legal regime requiring the regulation of corporations, rather than states or individuals, is necessary to address the human rights abuses. The final step should involve the examination of international practice to see whether states, international organizations, and other key participants are, in a sense, ready for such an enterprise.

In reviewing recent trends, one discovers that international law has already effectively recognised duties of corporations. And since we have the same moral and legal framework as the United States, it is good law to adopt foreign laws and court decisions regarding human rights abuse by multi-national corporations.

It can be argued effectively that the ATCA and other human rights laws be adopted by the Nigerian courts pursuant to the common law doctrine of Stare Decisis. Stare Decisis is the principle that precedent decision both nationally and internationally be binding on lower courts, when a point of law has been settled by that decision. Since the issue of corporate culpability of human rights abuse in the Niger Delta region has been settled by the US courts, it is my opinion that the Nigerian courts should not shy away from adopting this principle in its jurisprudence.

The legislatures or courts should help in developing and reviewing existing laws concerning human rights abuses in the Niger Delta for example, a review of laws affecting the relationship between the oil companies and the communities in which they operate, such as the land Use Acts, The Petroleum and Distribution (Anti Sabotage) Act, and the Petroleum Decree and its subsidiary Legislations among others is a sine qua non towards addressing human rights abuses in the Niger Delta. Most importantly, the proposed Petroleum Bill before the National Assembly should address the issue of corporate responsibility and culpability in the Niger Delta region. These Measures if strictly adhered to, would address the problems and scope of corporate abuse of human rights in the Niger Delta.

Anyaruoh practices law in New York City and District of Columbia.

 

Felix Ebruba Ayanruoh

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Nigeria Police And The “Miscreants” Theory

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The “withdrawn” reaction of the Rivers State Police Command to public condemnation of the police antagonism to a recent peaceful protest in Port Harcourt, tagged #Take-IT-Back Movement organised by Civil Society Organisations, the Niger Delta Congress and other concerned groups, leave much to be desired. The Police Public Relations Officer of the Rivers State Command, Grace Iringe-Koko in what seems a brilliant  defence to the action of the unprofessional and inordinately ambitious conduct of the policemen had described those whom the police threw cannisters of teargas at, as, “miscreants and  thieves”. To say the least, the Channel Television Reporter, Charles Opurum, Allwell Ene of Naija FM, Soibelelemari Oruwari of Nigeria Info, Ikezam Godswill of AIT and Femi Ogunkhilede of Super FM who were among those tear-gassed while discharging their legitimate duties of covering the peaceful protest,  could not have been “miscreants” and “thieves”. Such practice of giving  people a bad name to whip up public sentiment and hate and give a cosmetic treatment to an exceedingly ugly incident, seems the antics of some men of the Nigeria Police.
Some years ago I remember a trigger- happy police officer had rhetorically asked me, “Do you know I can shoot you here and brand you a criminal”? The question that readily came to my mind was, if a public officer and a professional journalist of several years  of practice could be so threatened and branded a criminal, what is the fate of common citizens in society. That lends credibility to the fact that some victims of police brutality and extra-judicial killings are innocent. They are mere victims of circumstances. It is also common experience that men of the Nigeria Police swoop on scenes of crime,  arrest some innocent residents of the area, brand them suspects and hurl them in detention for more than 48 hours. Nigeria Police should be more  professional enough in their operations, so that  innocent people will not suffer humiliation, incarceration and financial losses for bail. Agreed that it is within the statutory obligation of the Public Relations unit  to launder the image of its organisation, but it should be done with discretion, and not with utter disregard and disrespect to the sanctity of human lives. Refutal must be factual and truth based.
The public relations or image making service if not done conscientiously can dent the credibility and integrity of a practitioner. No doubt the viral video clips on the police hurling teargas cannisters on peaceful protesters cannot be described as a figment of imagination or an attempt to “incite public anxiety and create unnecessary tension within the State” as stated by the Police Public Relations Officer in her reaction to public condemnation of the action of her colleagues.  Though the able and Media-friendly Rivers State Commissioner of Police has apologised to the Nigeria Union of Journalists, Rivers State Council and  the assaulted Journalists, for the unprofessional conduct of the policemen who were involved in the Journalists’ brutality, the conduct was, according to the leadership of Rivers State Council of Nigeria Union of Journalists, “barbaric, inhuman and a flagrant disrespect to the rights  of the assaulted  journalists. Recall that the Rivers State Police Command had described as false, unfounded and baseless, reports that police officers fired teargas on unarmed protesters in an attempt to disperse them.
In the words of the Police Public Relations officer, “Upon receiving intelligence regarding the protest, our officers were promptly deployed to the specified locations. “On arrival, a group of miscreants was observed engaging in criminal acts, including the theft of mobile phones and other valuables from unsuspecting members of the public. “Our operatives responded swiftly, dispersing the individuals. This baseless story appears to be a deliberate fabrication by mischief makers seeking to incite public anxiety and create unnecessary tension within the state.” However, it is time  Nigeria Police realised that the right to peaceful protest is legitimate and fundamental. It is enshrined in International rights instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and domesticated by Nigeria. Section 40 of Nigeria’s Constitution guarantees every citizen the right to assemble freely. The right to peaceful protest is the beauty and a function of democratic governance. It offers the masses the opportunity for self expression and calling erring or a failed government or leadership back to its statutory obligation.
It allows people to publicly voice their concerns, challenge injustices, and participate actively in the democratic process. Protests serve as a vital mechanism for holding leaders accountable and ensuring that government actions reflect the will and needs of the people. The recognition and approval of the right to protest is one action that makes a great difference between a truly democratic government from a repressive, dictatorial and despotic administration. Protest is evident and inevitable in every human institution or organisation from family to school, work places etc, if the heads or the administrators abuse their position and treat with contempt the people on whose prerogative they (leaders) were elected. Some children have also protested against their parents, students protest against wrong administration etc. Protest is therefore, a corrective mechanism, it is expression of a dissenting position against anti-people policies and programmes. The distinctiveness of the Democratic governance over the Military is unreserved and unalloyed respect and regard for the Rule of Law. If the Rule of Law and its implications are undermined, then there is inevitable transition to dictatorship, a military regime in the garb of a civilian administration.
However, the calamitous consequences during the #EndSARS protest and #EndBadGovernance protest show that the respect for the rule of law and its implications remain a far-cry to constitutional requirement. The losses incurred during such protests cannot be consigned to the dusbin of history in a hurry. What is the outcome of the #EndSARS protests and brutality? Nigeria Police and other security agencies should tread with caution on the issue of peaceful protests and treating journalists and innocent members of the public as “miscreants”, and “thieves”.

By: Igbiki Benibo

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Essence of Easter

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It’s another Easter, a day Christians the world over celebrate the resurrection of Jesus Christ from death. At the heart of Easter is the belief that Jesus rose from death on the third day after His crucifixion (as described in the Gospels of Matthew, Mark, Luke, and John). This event is seen as proof that Jesus is the Son of God and that His promises of eternal life are true.The resurrection is seen as Jesus’ victory over sin, death, and the power of evil. His rising means that those who believe in Him are no longer bound by sin or spiritual death but can share in His eternal life. Easter symbolses new life, not just spiritually but in how believers live their daily lives. Just as Christ rose, Christians believe they too can rise from past mistakes, addictions, guilt, or despair, and walk in a “newness of life.” In a world full of suffering, uncertainty, and death, Easter offers hope—the assurance that pain and death do not have the final word. It reminds Christians that no matter how bad things get, there is always the possibility of resurrection, restoration, and new beginnings.
But even beyond the religious narrative, Easter coroborates¹ a universal truth: that suffering is not the end of the story, and that even in the darkest times, renewal is possible. For many Nigerians today, that message feels especially urgent. The economic situation is unbearable. The cost of living has reached painful highs. A bag of rice now costs more than many families earn in a month. Electricity remains unreliable, jobs are scarce, and the dream of a better tomorrow feels distant. Politically, many are disillusioned. Promises come and go like the harmattan wind—loud in arrival, but often empty in effect. Elections have come and gone, but the people’s cries often go unheard. The skyrocketing prices in the markets, currency fluctuations, ever-rising cost of living, unabating insecurity have become the daily realities of many Nigerians. In the past few weeks, the conflict in Plateau and Benue States have reportedly claimed several lives. Thousands of people from the affected communities have fled from their ancestral homes.
Recently, in Uzo-Uwani Local Government Area of Enugu State, about 25 people were reportedly killed, several properties destroyed by insurgents who attacked the agrarian communities. Many other communities in the country have painful stories arising from insecurity. Amid all this, Easter arrives—not merely as a date on the calendar, but as a symbol, a whisper from the heavens that says: this is not the end. As earlier stated, at the very core of Easter is a message of resurrection. For Christians, it is the story of Jesus Christ, who after the pain of the cross and the silence of the tomb, rose again in glory. But beyond the church pews and Sunday services, Easter holds a timeless message for every Nigerian: after suffering comes renewal, after darkness comes light. It reminds us that there is still power in perseverance. That in the same way Christ endured the cross and emerged victorious, we too must hold on—even if just barely—believing that change is possible. Easter calls us to resist the temptation to give in to hopelessness. It urges us to keep pushing, to keep speaking out, to keep believing that Nigeria can rise.
There’s an old Yoruba proverb that says, “Bi iku ile o ba pa ni, t’ode o le pa ni” — “If the threat at home does not kill one, that from outside cannot.” In other words, it is from within that we draw our strength. Despite economic hardship,  political frustrations,  feeling forgotten by those in power, we as a people should not give up. And that is the essence of Easter. The Bible says in Romans 8:18, “For I reckon that the sufferings of this present time are not worthy to be compared with the glory which shall be revealed in us.” It reminds us that hardship is not permanent. Things can change. We can rise. But Easter is not just a story of survival it is a call to action. Like Jesus’ resurrection, it demands transformation. It asks each of us: What must die in our society so that something better can live? Is it corruption? Is it apathy? Is it greed? And more personally: What must rise in us? integrity? compassion? courage?
Nelson Mandela once said, “Our human compassion binds us the one to the other—not in pity or patronisingly, but as human beings who have learnt how to turn our common suffering into hope for the future.” We must stop waiting for change from the top and start building it from the ground. Whether supporting a struggling neighbor, voting with conscience, speaking the truth in our workplaces, or simply refusing to cheat the next man—these are the small resurrections that will one day lift Nigeria from the grave. As the Igbos  say, “Obu onye kwe, chi ya ekwe” — “When one agrees (to something),  his spirit agrees also.” If we, the people, agree to rise—to hold onto hope and live with purpose—then even heaven will back our efforts. In a world that often feels heavy with uncertainty, conflict, and division, Easter invites us to pause and reflect. It challenges us to consider how we treat one another, how we face adversity, and whether we still believe in the possibility of transformation. It’s a moment to ask: What needs  be resurrected in our own lives? Is it a lost relationship, a forgotten dream, or simply the courage to begin again?
This Easter, let us reflect deeply. Not only on the pain we have endured, but on the promise that lies ahead. Let us pray, yes—but also act. Let us hope but also build. Above all, let us remember: no matter how long the night is, the morning must surely come. Let the message of the empty tomb stir us into action—not out of fear or anger, but out of the same love and sacrifice that Easter celebrates. Because no matter how long the night, the dawn always comes.”Weeping may endure for a night, but joy cometh in the morning.” — Psalm 30:5. Happy Easter, Nigeria.

By: Calista Ezeaku

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Opinion

Addressing Nigeria’s Social Ills Through Cultural Education

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One of the critical problems confronting Nigeria today is the lack of recognition and appreciation of our tangible heritage, values, and norms – elements that are crucial for fostering social cohesion and responsibility. These values, which are inherently adaptive, can only be transmitted effectively through cultural education.Nigerian food Cultural education involves socialising individuals into the norms, values, and heritage of a given society through mediums such as folktales. Its primary intent is to nurture socially responsible and morally upright individuals who contribute positively to their community. In essence, cultural education is a learned behavioral pattern shared and transmitted from one generation to another. It encompasses customs, traditions, beliefs, arts, and philosophies of life. As Babs Fafunwa (1994) observed, every society, regardless of its size, has its unique ways of transmitting its cultural heritage.
Cultural education plays a vital role in shaping a child’s character and physical skills. Cultural education also has unique ways of instilling respect for elders and authority in the child. In addition, cultural education helps in developing intellectual abilities, fostering a sense of belonging, and promoting active participation in family and community affairs. This concept also cultivates a healthy attitude towards honest labour while it also helps to preserve the community’s cultural heritage. However, since Nigeria’s independence in 1960, the infiltration of foreign cultures, technological advancements, religious beliefs, and political systems have significantly helped in the erosion of the country’s social fabric. Today, Nigeria grapples with the loss of cultural values in more ways than one. The country also grapples with moral laxity among youths, violence, delinquent behaviours as well as the disruption of traditional political systems.
Beyond these, lack of cultural education has also triggered a decline in political will among the country’s citizenry. Thus, social issues such as sex abuse, prostitution, drug trafficking, kidnapping for ransom, internet fraud (which are more commonly known as 419); cybercrime, militancy, armed robbery, and examination malpractice have become rampant. However, these challenges can be mitigated through the promotion and sustenance of cultural education in Nigeria. Bringing cultural education forward in the country’s socio-political and economic systems would go a long way in redirecting the citizenry from the identified social ills. For instance, cultural socialization teaches children the proper ways to greet elders and interact respectfully. Observing parents during ceremonies are also a way to achieving this. Ceremonies such as weddings, child-naming, or funerals help children learn appropriate behaviour at such and sundry ceremonies, and decorum. Unfortunately, many youths today lack respect for elders and are antagonistic to cultural values. Instead, they are influenced by foreign films, contents and literature which often glorify disrespect to our culture; violence and weapon use. As a result, some have become political thugs, religious extremists or armed robbers. They now pose a severe threat to Nigeria’s national survival.
Furthermore, exposure to undesirable foreign cultures has led to extensive moral degradation which manifest in ways such as drug abuse, prostitution, theft, and internet fraud. Dressing among Nigerian youths is another concern. Many young people disregard their cultural heritage and show utmost disdain for their geographical environment. For example, some young women wear clothing that leaves vital parts of their bodies exposed, while young men adopt unkempt appearances, including sagging their trousers and leaving their shirts unbuttoned. There are also instances of unfastened shoelaces. These issues can be addressed through family-based cultural socialisation, where parents play a critical role in imparting cultural education. It is therefore recommended that, to address these social ills, the following measures are suggested. The first is that there should be ways to incorporate cultural education into the curriculum of our schools. Nigeria’s education system should be reviewed to emphasise cultural education, including the use of indigenous languages for instruction. Cultural elements such as morality, taboos, mores, and folktales should be promoted to shape human behaviour positively.
Another suggestion is that we should indigenise the Nigerian political systems. The political system should incorporate cultural principles and practices specific to Nigeria’s diverse cultural environments. This will encourage greater participation and accountability among political leaders. Thirdly, we must promote local content in media. A ban should be placed on the excessive use of foreign entertainment packages in media houses and on social media. Instead, Nigerian cultural content should be prioritised and promoted to reinforce cultural identity. Also, we must strengthen parental socialisation. Through this, families must embrace parental socialisation as a key method for imparting cultural education. Parents should model cultural values and behaviours to guide their children effectively. Cultural education is very essential for curbing social ills in Nigeria. By integrating it into our education system, political practices and media content, we can foster a society rooted in strong moral values and cultural heritage, thereby ensuring a strong and brighter future for generations to come.

Modupe is Chief Museum Education Officer, National Commission for Museums & Monuments, Osogbo, Osun State.

Veronica Adewole

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