1 Hunt, AThe Sociological Movement in Law (1978, Macmillan) at 105CrossRefGoogle Scholar.

2 Thomas Hobbes, John Locke and Jean-Jacques Rousseau are said to be the three great modern political philosophers who inaugurated the modern social contract tradition. Hobbes's theory, based primarily on his masterpiece Leviathan, is ranked as “probably the finest of the traditional social contract arguments”. See generally Morris, CW (ed) The Social Contract Theorists: Critical Essays on Hobbes, Locke and Rousseau (1999, Maryland)Google Scholar; Hampton, JHobbes and the Social Contract Tradition (1986, Cambridge University Press)Google Scholar; Tuck, R (ed) Hobbes Leviathan (1991, Cambridge University Press)Google Scholar; and Flathman, RE and Johnston, D (eds) Leviathan Thomas Hobbes (1997, WW Norton & Company)Google Scholar.

3 Aristotle The Politics, translated by TA Sinclair, 1962, revised by TJ Saunders (1981, Penguin) at 196.

4 Sec 14(2)(b).

5 Id, sec 16(1)(a).

6 Id, sec 16(1)(b).

7 Id, sec 16(2)(b).

8 Id, sec 16(2)(d).

9 Id, sec 17(3)(a).

10 Id, sec 17(3)(d).

11 Id, sec 18(1).

12 Id, sec 18(3)(a), (b), (c) and (d).

13 For instance, although a judge has a duty to try a suspect, that suspect does not have the right to be tried. Yet the state can be said to have such right against the duty-holding judge. See Dias, RWMDias Jurisprudence (5th ed, 1985, Butterworths) at 23–27Google Scholar.

14 These include the right to life, right to personal liberty, right of privacy, freedom from discrimination, etc.

15 Sec 6(6)(c).

16 Chap III of the 1960 constitution contained the rights to: life; freedom from inhuman treatment, slavery and forced labour; personal liberty; fair hearing; private and family life; freedom of conscience; freedom of expression; freedom of assembly and association; freedom of movement; freedom from discrimination; and freedom from compulsory acquisition of property. They are covered between secs 17 and 30. Their inclusion was mainly to allay the fears of minorities as recommended by Sir Henry Willink's Commission which was appointed to enquire into those fears and the means of allaying them. Chap III of the 1963 constitution and chap IV of the 1979 constitution have maintained these provisions.

17 Sec 46(1) of the 1999 constitution.

18 Secs 31(1), 32(1) and 42(1) of the 1960, 1963 and 1979 constitutions respectively.

19 (1991) 6 NWLR pt 200, 708 CA at 760–61.

20 Art I(5) of the Vienna Declaration of the World Conference on Human Rights (25 June 1993) states: “All Human Rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights in a fair and equal manner, on the same footing and with the same emphasis.”

21 (1980) AIR SC vol 67, 1789.

22 Id at 1843.

23 See Bilchitz, DPoverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights (2007, Oxford University Press)Google Scholar for details.

24 Dicey, AVIntroduction to the Study of the Law of the Constitution (10th ed, 1959, Macmillan) at 203Google Scholar.

25 Meaning a combination of the United Nations Charter; the Universal Declaration of Human Rights, General Assembly res 217, UN doc A/810 (1948) at 71; the International Covenant on Civil and Political Rights, General Assembly res 2200, 21 UN GAOR supp (no 16) at 52, UN doc A/6316 (1966); and the International Covenant on Economic, Social and Cultural Rights, General Assembly res 2200, 21 UN GAOR supp (no 16) at 49, UN doc A/6316 (1966).

26 The ICCPR came into force on 23 March 1976.

27 UN General Assembly A/RES/41/128, 4 December 1986.

28 Arts 3 and 4.

29 Id, art 8.

30 Id, art 6(2).

31 Baxi, U “The development of the right to development” in Symonides, J (ed) Human Rights: New Dimensions and Challenges (1998, Dartmouth Publishing Co Ltd) 99Google Scholar.

32 Donnelly, J “In search of the unicorn: The jurisprudence and politics of the right to development” (1985) 15 California Western International Law Journal 473 at 483Google Scholar.

33 UNDP Human Development Report 2000: Human Rights and Human Development (2000, UN)Google Scholar.

34 Sen, ADevelopment as Freedom (1999, Oxford University Press)Google Scholar.

35 Hazlewood, A (ed) Planning Development (1970, Addison Wesley Publishing Company) at 6Google Scholar.

36 The Second National Development Plan at 10 and 32; the Third National Development Plan at 29; the Fourth National Development Plan at 37.

37 The author relied on secondary data in his consideration of the first plan.

38 Escobar, AEncountering Development: The Making and Unmaking of the Third World (1995, Princeton University Press) at 23Google Scholar.

39 Trubek, DM and Galanter, M “Scholars in self-estrangement: Some reflections on the crisis in law and development studies in the United States” (1974) Wisconsin Law Review 1062 at 1074Google Scholar.

40 Greenberg, DF “Law and development in light of dependency theory” (1980) 3 Research in Law and Sociology 129Google Scholar, referred to in Carty, A (ed) Law and Development (1992, Dartmouth Publishing Co) at 129Google Scholar.

41 Ibid.

42 Paul, JCN “Forward: Law and development and Peter Slinn” in Hatchard, J and Perry-Kessaris, ALaw and Development: Facing Complexity in the 21st Century (2003, Cavendish) vii at viiiGoogle Scholar; Franck, TM “The new development: Can American law and legal institutions help developing countries?” (1972) Wisconsin Law Review 767Google Scholar; Chibundu, MO “Law in development: On tapping, gourding and serving palm-wine” (1997) 29 Case W Res J Int'l L 167Google Scholar. There are different intellectual styles of the movement: action or inquiry, theoretical or practical, qualitative or quantitative. Practical, qualitative and action-oriented attitudes seem to dominate the field with 80%, 79% and 74% rankings respectively in a literature survey; see Merryman, JH “Comparative law and social change: On the origins, style, decline & revival of the law and development movement” (1977) 25 The American Journal of Comparative Law 457 at 473–77CrossRefGoogle Scholar.

43 Tamanaha, BZ “The lessons of law-and-development studies” (1995) 89 American Journal of International Law 470CrossRefGoogle Scholar; Greenberg “Law and development”, above at note 40.

44 It was Decree No 22 of 1969 which finally promulgated the establishment of the company.

45 No 50 of 1968.

46 The Second National Development Plan, above at note 36 at 15.

47 Id at 19.

48 Id at 34.

49 Id at 37.

50 The oil companies were Agip, Elf, Gulf, Mobil, Pan Ocean, Shell BP and Texaco. Its participation in Shell BP rose to 80% following nationalization of the British interest in the company in August 1979.

51 Indigenization is different from nationalization. In the former, citizens are involved directly through a progressive transfer of business ownership from foreign interests to them, while in the latter it is the government that takes over the entire interest in the business concerned, as happened with the British interest in Shell BP. The government may decide merely to take a participation interest as it did in the multinational oil companies listed at note 50.

52 No 4 of 1972.

53 Id, sec 1(1) and (2).

54 Id, sec 4(1).

55 There are 22 types of enterprise listed: advertising agencies and public relations; pool betting and lotteries; assembly of radios, tape recorders, television sets, etc.; blending and bottling of alcoholic drinks; blocks, bricks and ordinary tiles manufacture; bread and cake making; candle manufacture; etc.

56 The decree referred to the “appointed day” which it interpreted under sec 16(1) to be 31 March 1974.

57 Sec 4(1)(a) of the decree.

58 Ie 23 February 1972.

59 Sec 4(1)(b) of the decree. For the purpose of this subsection, an enterprise shall be deemed under sec 4(2) to be alien “unless the entire capital or proprietary interests, whether financial or otherwise, in the enterprise in so far as it concerns any of the enterprises in Schedule 1 …, is also owned and controlled by Nigerian citizens or associations”.

60 There are 33 types of enterprise listed here: beer brewing; boat building; bicycle and motorcycle tyre manufacture; bottling soft drinks; coastal and inland waterways shipping; construction industries; cosmetics and perfumery manufacture; departmental stores and supermarkets; etc.

61 Again, the decree referred to an “appointed day” which under sec 16(1) meant 31 March 1974.

62 Id, sec 5(1)(a)(i)(ii) and (b). It needs to be made clear that, while sec 4 sanctioned the outright purchase by Nigerian citizens of alien enterprises listed in schedule 1, sec 5 permitted the acquisition of equity participation by Nigerian citizens in alien enterprises listed in schedule 2. See Nigerian Enterprises Promotion Board “Buying and selling under the Nigerian Enterprises Promotion Decree 1972” (1973) at 5. The marginal note “Enterprises partially barred to aliens” to sec 5 bears testimony to this distinction.

63 The Second National Development Plan, above at note 36 at 30.

64 Id at 384.

65 TI Ogowewo “The Shift to the classical theory of foreign investment: Opening up the Nigerian market” (1995) 44/4 International & Comparative Law Quarterly 915.

66 Rapley, JUnderstanding Development: Theory and Practice in the Third World (2nd ed, 2002, Lynne Rienner Publishers) at 66Google Scholar.

67 Faundez, J “Introduction: Technical legal assistance” in Faundez, J (ed) Good Government and Law: Legal and Institutional Reform in Developing Countries (1997, St Martin's Press) 1 at 7–8Google Scholar; Tshuma, L “The political economy of the World Bank's legal framework for economic development” in Faundez, J et al. (ed) Governance, Development and Globalization (2000, Blackstone Press) 7 at 7Google Scholar. It was the market-friendly approach to economic policy reform in developing countries that is known as the “Washington Consensus”.

68 Faundez argues that the conditionality contradicted “the principle that the choice and direction of legal reform rested with each country”. See Faundez “Introduction”, id at 3.

69 Santos, A “The World Bank's uses of the ‘rule of law’ promise in economic development” in Trubek, DM and Santos, A (eds) The New Law and Economic Development: A Critical Appraisal (2006, Cambridge University Press) 253 at 267Google Scholar.

70 DM Trubek, and A Santos “Introduction: The third moment in law and development theory and the emergence of a new critical practice” in Trubek and Santos (eds) id, 1 at 2 (emphasis original).

71 J Faundez “Legal reform in developing and transition countries: Making haste slowly” in Faundez et al (ed) Governance, Development, above at note 67, 29 at 37–38; Rose, CV “The ‘new’ law and development movement in the post-Cold War era: A Vietnam case study” (1998) 32/1Law & Soc Review 128CrossRefGoogle Scholar; Faundez “Introduction”, above at note 67 at 12; Tshuma “The political economy of the World Bank”, above at note 67 at 24.

72 Perry, AJ “International economic organizations and the modern law and development movement” in Seidman, A et al. (eds) Making Development Work: Legislative Reform for Institutional Transformation and Good Governance (1999, Kluwer Law International) 19 at 26Google Scholar.

73 Faundez “Introduction”, above at note 67 at 13.

74 This decree became the Second-Tier Foreign Exchange Market Act, chap 405, vol XXII, Laws of the Federation of Nigeria 1990.

75 See the 1986 budget of the federal military government.

76 Ibid. The proof that the naira was overvalued lay in the existence of two parallel systems of exchange rates: the official rate of N1 = $1,005 and the unofficial rate of N4–N5 = $1 (as at December 1985). The appropriate rate was argued to be somewhere in between. See Nwabufo, P and Okigbo, CEssays in the Public Philosophy of Development: Lectures on the Structural Adjustment Programme (vol 4, 1993, Fourth Dimension) at 76–77Google Scholar.

77 Id at 77.

78 Faruqee, R “Nigeria: Ownership abandoned” in Husain, I and Faruqee, R (eds) Adjustment in Africa: Lessons from Country Case Studies (1994, World Bank) 238 at 254Google Scholar.

79 No 25 of 1988. The decree was incorporated into the revised laws of Nigeria as the Privatization and Commercialization Act, chap 369, vol XXI, Laws of the Federation of Nigeria 1990.

80 13 insurance companies, ten manufacturing firms, two hotels, four transportation companies and 15 agricultural and agro-allied firms.

81 27 commercial and merchant banks, 23 major manufacturing firms in various sectors including building, printing, oil, shipping and airline.

82 There were ten major enterprises here.

83 There were 14 major enterprises here.

84 Originally a decree, it became the NEP Act, chap 303, vol XVIII, Laws of the Federation of Nigeria 1990.

85 The schedule contains 40 enterprises which include bread and cake making, hairdressing, laundry and dry-cleaning, ice-cream making, office cleaning and singlet manufacturing.

86 Ogowewo “The shift to the classical theory”, above at note 65.

87 Private hospitals and schools have long existed. Recently, there were moves to privatize federal government-run unity secondary schools. Under pressure, however, the government retreated and invited bids in a public private partnership project to manage the schools. See M Haruna “Ezekwesili's fishy PPP”, available at <http://www.gamji.com/haruna/haruna.htm> (last accessed 23 February 2009).

88 The World Bank World Development Report 1999/2000: Entering the 21st Century (2000, World Bank) at IIIGoogle Scholar.

89 The World Bank Governance and Development (1992, World Bank) at 3Google ScholarPubMed.

90 Id at 1.

91 Id at 28.

92 Id at 4. See also the World Bank's World Development Reports 1996 (focusing on transition from a centrally planned economy to a free market economy) and 1997 (which applied the 1996 prescription for transition economies to developing countries).

93 Report of the Vision 2010 Committee, 1997, at 5, available at <http://www.vision2010.org/vision-2010/> (last accessed 14 February 2007).

94 Id at 34.

95 Id at 11.

96 Id at 30.

97 Id at 7, 18 and 49.

98 Id at 38–39.

99 These are generally shared. According to the report, they include ethics, sense of justice, discipline, integrity, God-consciousness, industry, social responsiveness and selflessness: id at 39.

100 This means fighting social evils such as bribery, inflation of contracts, nepotism, advanced fee fraud, extortion, kickbacks: ibid.

101 This embodies accountability, transparency, justice, freedom of information and expression: ibid.

102 This refers to a situation where lives and property are secure. See id at 59, where the report dwelt on the subject under “Where we are” on political and socio-cultural direction. It says law and order promote social justice, harmony and economic progress: ibid.

103 The report insufficiently relates this aspect to “political stability” which it says “is an essential prerequisite for the achievement of a meaningful economic development”: ibid.

104 Id at 40.

105 Id at 69.

106 Ibid.

107 Id at 54.

108 Id at 78.

109 Id at 102.

110 Ibid. Legal reforms came under “other issues” of the visioning process in chap 1 of the report (see 42–43). The details of these critical success factors are found in chap 3 of the report.

111 Id at 103.

112 Id at 104.

113 Nigerian National Planning Commission National Economic Empowerment and Development Strategy (2004) at ixGoogle Scholar.

114 Id at xv.

115 This is the subject of part three, consisting of chaps 5–7 of NEEDS: id at 52–83.

116 This pillar is covered under part four, consisting of chaps 8–11: id at 86–118.

117 Id at 53 and 55.

118 Id at 56, box 5.1.

119 Id at 55–58.

120 Id at xiii–xiv and 10–11.

121 Id at 87–88 and 101.

122 The act took effect on 1 July 2003. It was extended by circular to cover all federal civil servants from 1 October 2003.

123 NEEDS, above at note 113 at 92. Benefits and maintenance of houses are often inflated to the detriment of public interest.

124 Id at 90.

125 Id at 95–99.

126 UNDP Fighting Climate Change, below at note 131.

127 Transparency International “Corruption perception index 2008”, available at: <http://www.transparency.org/policy_research/surveys_indices/cpi/2008> (last accessed 24 September 2009).

128 (6 June 2008) Leadership.

129 “Editorial” (8 October 2008) The Guardian.

130 (19 December 2008) Daily Trust.

131 UNDP assesses countries' level of human development using three categories: high, medium, and low human development indices. Countries in the first category have a human development index (HDI) value of 0.800 and above; those in the second category have a HDI value between 0.500 and 0.799; and those in the last category have a HDI value below 0.500. Nigeria has always been in the low category. See for instance UNDP Human Development Report 1990: Concept and Measurement of Human Development (1990, UN); UNDP Human Development Report 1995: Gender Human Development (1995, UN); UNDP Human Development Report 2001: Making New Technologies Work for Human Development (2001, UN); and UNDP Human Development Report 2007/2008: Fighting Climate Change: Human Solidarity in a Divided World (2007, UN).

132 1987 LRC (Const) 351.

133 (1992) AIR SC 1858.

134 For instance, art 16 of the charter provides for the right to health; art 17 recognizes the right to education; and art 22 imposes a duty on the state to ensure the right to development.

135 It is domesticated under the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, chap 10, vol 1, Laws of the Federation of Nigeria 1990.

136 (1996) 9 NWLR, pt 475 at 710.

137 The same point was made in the case of Ogugu v State (1994) 9 NWLR, pt 366, 1.

138 Achebe, CThe Trouble with Nigeria (1984, Heinemann Educational)Google Scholar.

139 See for instance the communiqué of the post-election civil society summit organized by the Alliance for Credible Elections at Denis Hotel, Lagos, held on 25th April 2007 (on file with the author), which condemned the April 2007 elections as “fraudulent, a charade and indeed non-elections”; Human Rights Watch Criminal Politics: Violence, ‘Godfathers and Corruption in Nigeria’ (October 2007), vol 19 no 16(A)Google Scholar.

140 It inaugurated an Electoral Reform Committee led by former chief justice, Muhammadu Lawal Uwais, to study and make recommendations for the reform of the electoral process. The committee has submitted its report and the government is expected to implement at least some of its recommendations. See (12 December 2008) Leadership; (12 March 2009) Daily Trust; (12 March 2009) Leadership.

141 Sen Development as Freedom, above at note 34.

142 Holm, JD “Curbing corruption through democratic accountability: Lessons from Botswana” in Snr, KR Hope and Chikulo, BC (eds) Corruption and Development in Africa: Lessons from Country Case-Studies (2000, Palgrave) 288 at 292Google Scholar.

143 Id at 290.

144 de S Santos, BToward a New Legal Common Sense: Law, Globalization, And Emancipation (2nd ed, 2002, Butterworths LexisNexis)Google Scholar.

145 Green, DFrom Poverty to Power: How Active Citizens and Effective States can Change the World (2008, Oxfam International)Google Scholar.

146 Jega, A “Professional associations & structural adjustment” in Olukoshi, AO (ed) The Politics of Structural Adjustment in Nigeria (1993, James Currey) 97 at 97Google Scholar.

147 UNDP put Nigeria's adult illiteracy rate in 1990 as 49%. The rate of 30.9% in 2005 is the lowest Nigeria ever recorded. See UNDP Concept and Measurement, above at note 131 and UNDP Fighting Climate Change, above at note 131.

148 Large congregations are held by Christians every Sunday and by Muslims every Friday.