Connect with us

The Oracle

The Oracle: The Right to Development, Public Interest Litigation, and the Rule of Law in Nigeria (Pt. 2)

Published

on

By Prof Mike Ozekhome SAN

INTRODUCTION

In our last outing in this treatise, we started with a brief introduction of the subject matter, after which we delved into the following sub-topics: Public Interest Litigation (PIL); Rule of Law; Significance in Nigeria’s Socio Political Context; Thesis Statement; we later x-rayed The Right to Development in the Nigerian Context focusing on: Origin and Definition under International Law; Constitutional Silence: Implicit vs. Explicit Recognition; Socio Economic Rights in Chapter II of the 1999 Constitution; Justifiability, Debate and Attempts at Enforcement; Role of ECOWAS Court Decisions; we also discussed Public Interest Litigation (PIL) as a Tool for Enforcing the Right to Development with emphasis on: Defining the Rule of Law (Dicey, Constitutionalism, Judicial Independence); Does PIL Promote or Undermine the Rule of Law?; Weak Enforcement of Judgments & Executive Non Compliance (Dasuki case); Tensions Between Populist Litigation and Strict Legalism; we later concluded with some case studies and examples – SERAP v. Federal Government (Mismanagement of Education Budget) and Ken Saro-Wiwa’s Legacy & the Ogoni Nine: Environment as Development Right. Today, we shall continue with same – looking at the cases of ECOWAS Judgment in SERAP v. Nigeria (2010): Education Rights; Public Interest Litigation Advocated or Led by Mike Ozekhome SAN. After which we shall take a look at some challenges and fashion out the ways forward vide Legal Standing and Procedural Bottlenecks; Need for Constitutional Amendment to Enforce Chapter II; Judicial Independence and Political Will; Enhancing Legal Aid and Public Interest Lawyering and Coordinated Reform Strategy, we shall then conclude with the deep interconnection between development, justice, and the rule of law in Nigeria. Please read on.

C. ECOWAS Judgment in SERAP v. Nigeria (2010): Education Rights

As earlier noted, this landmark judgment reaffirmed that Nigeria’s failure to guarantee free basic education violated African Charter rights. Despite the Charter’s binding nature, Nigeria’s domestic legal framework and executive apathy meant that implementation was uneven—demonstrating both the power and limitations of regional jurisprudence in advancing development rights.

D. Public Interest Litigation Advocated or Led by Mike Ozekhome SAN

Prof. Mike Ozekhome SAN has been at the vanguard of PIL advocacy in Nigeria. As a co-founder of Civil Liberties Organization and the Universal Defenders of Justice Initiative, he has fought high-profile PIL cases and penned key essays on the role of litigation in promoting socio-economic rights and rule of law (Mike Ozekhome’s advocacy, PIL leadership roles (Wikipedia page – Civil Liberties Organization)). His writings frequently explore the intersections of PIL, governance, and constitutionalism in Nigeria.

NOW THIS

CHALLENGES AND WAY FORWARD

A. Legal Standing and Procedural Bottlenecks
Despite judicial strides in liberalizing locus standi through cases like COPW v. NNPC and rules like Rule 3(e) of the Fundamental Rights (Enforcement Procedure) Rules 2009, Nigerian courts continue to exhibit uneven practice. In Edun v. Governor of Delta State (2021) LPELR-53369(CA), the Court of Appeal dismissed the claim of a concerned citizen against a state law on pensions, reiterating restrictive standing rules—demanding pecuniary or special damage over and above that of the general public. Such judicial resistance impedes public interest litigation, enables premature dismissals, and discourages NGOs and citizens from initiating PIL on socio-economic and environmental rights issues (Edun v. Governor of Delta State & Ors, Court of Appeal (2024) – restrictive locus standi upheld due to lack of special damage). Moreover, litigation is further obstructed by procedural hurdles: strict limitation statutes, high court fees, technical filings, and protracted preliminary objections all pose obstacles to access to justice.

B. Need for Constitutional Amendment to Enforce Chapter II
While Chapter II of the 1999 Constitution establishes desirable policies (education, health, housing), Section 6(6)(c) expressly bars courts from entertaining any enforcement suit on these directives.

This legal fiction leaves citizens with aspirational rights but no legal recourse. Notably, in Attorney General of Ondo State v. Attorney General of the Federation (2002), the Supreme Court emphasized that turning non-justiciable directives into binding rights would require enabling legislation by the National Assembly (Section 6(6)(c) and jurisprudence on Chapter II – enforcement barred). The denial of enforceability under Section 6(6)(c) also precludes fundamental progress in socio-economic litigation. Legal scholars like Antia and Shehu argue for constitutional amendment to either remove Section 6(6)(c) or for targeted legislation under the Exclusive Legislative List (Item 60(a)) to domesticate and enforce Chapter II rights. See AG Ondo State v. AG Federation & Ors (2002) 27 WRN 1 (SC).

C. Judicial Independence and Political Will
A robust judiciary is essential for PIL viability. The courts must not only interpret PIL-friendly doctrines but also defend their rulings from executive influence. However, appointment politicization, inadequate budget allocations, and threats to judicial tenure undermine impartiality (Antia, “Arguments Against Non-Justiciable Status of Chapter II”, SSRN (2024); Shehu, AHRLJ (2013)). Even when courts deliver favorable rulings, political actors often ignore or undermine them. A pattern emerges: delayed implementation, lack of enforcement, or bureaucratic foot-dragging dominates responses to judgments requiring policy reforms—be it education, environmental cleanup, or public budgeting (Observations on judicial funding and appointments limiting impartiality – Vanguard commentary on judicial independence). Judicial robustness is also contingent upon political will: without executive cooperation or follow-through, PILs become hollow victories (Reports on non-compliance with ECOWAS court rulings – Serap-Nigeria, Vanguard.).

D. Enhancing Legal Aid and Public Interest Lawyering
Building a vibrant public interest litigation ecosystem requires investment in legal aid infrastructure. NGOs like SERAP, CLEEN Foundation, and Citizens’ Gavel, along with pro bono units within law firms, are critical but under-resourced (Institutional inertia described in LawCare and academic analyses.). To sustain PIL impact, systematic training for public law lawyers, senior advocates, and judges is essential. This includes education in socio-economic rights, procedural skills, advocacy tactics, and enforcement strategies. Institutional support—through public interest legal clinics, university partnerships, and judicial training workshops—can amplify advocacy reach and strategic coordination (Ebbo Achimugu, “Nigeria’s PIL NGOs and Legal Aid”, University of Lagos Policy Forum.).

E. Coordinated Reform Strategy
Implementing these changes demands a multi-faceted approach:
1. Constitutional / legislative reform – Eliminate or revise Section 6(6)(c) and enforce Directive Principles through binding national instruments.
2. Judicial training and procedural reform – Standardize PIL-friendly standing thresholds and procedure across courts.
3. Civil society capacity building – Establish pro bono networks, fund PIL litigation, institutionalize mentorship and strategic litigation support.

Executive accountability mechanisms – Develop legal frameworks or monitoring bodies to ensure compliance with court and regional rulings, potentially linked to budgetary oversight (Experts’ recommendations on coordinated reform strategy – SSRN analysis, LawPavilion proposals.).

AND THIS

VII. CONCLUSION

This study underscores the deep interconnection between development, justice, and the rule of law in Nigeria. The right to development, encompassing education, health, environment, and livelihoods, relies not just on visionary constitutional drafting but on enforceable legal frameworks. With courts historically unwilling or unable to enforce socio-economic entitlements, public interest litigation has emerged as a vital—but partial—remedy. PIL has expanded standing rules, activated international and regional jurisprudence (e.g., ECOWAS judgments), and given voice to marginalized groups. Yet, structural barriers—procedural technicalities, constitutional inflexibilities, weak judicial independence, and political indifference—stay the promise of justice.

Therefore, PIL must be recognized as one essential component within a broader reform agenda. Achieving meaningful development and strengthening Nigeria’s rule of law requires:
• Constitutional and legislative amendments to enforce Chapter II socio-economic rights.
• Institutional support for civil society lawyers and NGOs.
• Judicial independence and political will to respect court rulings.
• Mechanisms ensuring enforcement and accountability.

Only through cohesive reform—linking legal, institutional, and political dimensions—can PIL fulfill its promise. The aim must not be isolated litigation victories but structural transformation: where development becomes a justiciable right, enforcement mechanisms function, and the judiciary, legislature, and executive operate within a genuine rule-of-law framework. (The end).

THOUGHTS FOR THE WEEK

“Sustainable development is the pathway to the future we want for all. It offers a framework to generate economic growth, achieve social justice, exercise environmental stewardship and strengthen governance” – Ban Ki-moon.

“Sustainable development is a fundamental break that’s going to reshuffle the entire deck. There are companies today that are going to dominate in the future simply because they understand” – Francois-Henri Pinault.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The Oracle

The Oracle: Human Rights: Our Everyday Essential Pt.2

Published

on

By

By Prof Ozekhome SAN

INTRODUCTION

The inaugural installment of this piece was necessarily foundational. It examined the origins and evolution of human rights, followed by an analysis of Nigeria and the global human rights crisis. Today, we shall access human rights under the Nigerian legal system and its challenges. We shall also consider the role of civic responsibility and the power of civic action in the realization and enforcement of human rights. Enjoy.

HUMAN RIGHTS AND THE NIGERIAN LEGAL SYSTEM: LAW, COURTS, AND CHALLENGES

In any democracy, the law is the last line of defense for human dignity. In Nigeria, this role is legally assigned to the Constitution, the courts, and the justice system at large. Yet, the relationship between human rights and the Nigerian legal system is marked by both promise and paradox. While the law outlines strong rights protections, enforcement is often undermined by weak institutions, executive interference, corruption, and limited access to justice for ordinary citizens.

At the heart of Nigeria’s legal structure is the 1999 Constitution, which dedicates Chapter IV to Fundamental Human Rights. These include the right to life (Section 33), dignity (Section 34), personal liberty (Section 35), fair hearing (Section 36), private life (Section 37), freedom of expression (Section 39), and movement (Section 41), among others. These provisions, in theory, place Nigeria in alignment with international human rights standards.

Nigeria is also a party to several key international and regional human rights treaties, such as the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT). Under Section 12 of the Constitution, however, no international treaty is binding unless it is domesticated by the National Assembly ((1) No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly).

This creates a gap between Nigeria’s global commitments and local enforcement.
The judiciary plays a critical role in interpreting and enforcing these rights. The Nigerian court system, headed by the Supreme Court, has constitutional authority to safeguard rights and check executive overreach. In several landmark cases, the courts have acted to affirm the rule of law. One example is the case of ABACHA & ORS v. FAWEHINMI ((2000) LPELR-14(SC)) where the supreme court of Nigeria opined as follows:

“Suffice it to say that an international treaty entered into by the government of Nigeria does not become binding until enacted into law by the National Assembly. See Section 12(1) of the 1979 Constitution which provides: “12(1) No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly (AFRC).”
Another important case is ABACHA v. STATE ((2002) LPELR-15(SC).), where the supreme court yet again Per SAMSON ODEMWINGIE UWAIFO, JSC submitted thus:

“…It must be made quite clear that everyone is entitled to be offered access to good medical care whether he is being tried for a crime or had been convicted or simply in detention. When in detention or custody, the responsibility of affording him access to proper medical facility rests with those in whose custody he is, invariably the Authorities.”

Similarly, in Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708 ), the Court of Appeal laid down the test for determining violations of fundamental rights, giving legal clarity to human rights litigation in Nigeria.

Despite these rulings, the effectiveness of the courts in protecting rights remains uneven. One major challenge is executive non-compliance with court orders.
Corruption also plagues the system.

According to a 2017 report by the United Nations Office on Drugs and Crime (UNODC) and Nigeria’s National Bureau of Statistics, the judiciary ranked among the institutions most prone to bribery (UNODC, ‘Corruption in Nigeria Bribery: public experience and response’ <https://www.unodc.org/documents/data-and-analysis/Crime-statistics/Nigeria/Corruption_Nigeria_2017_07_31_web.pdf> Accessed on the 4th of December, 2025.). Delay in trials, frequent adjournments, and politicized judgement further weaken the system’s credibility.

Access to justice is another major concern. Many Nigerians, especially in rural areas, cannot afford legal representation. Although the Legal Aid Council of Nigeria (LACoN) was established to provide free legal services to indigent citizens, it is grossly underfunded and lacks reach. As a result, many rights violations go unchallenged, particularly for the poor, women, and detainees.

Even when legal provisions exist, enforcement agencies such as the Nigeria Police Force, Nigerian Correctional Service, and other security bodies often lack human rights training and operate with impunity. The #EndSARS Judicial Panels of Inquiry revealed systemic abuses by law enforcement, including illegal arrests, torture, and extrajudicial killings (Bonnievolo E Ecoma, ‘A post-mortem assessment of the #EndSARS protest and police brutality in Nigeria’ (2023) AFRICAN HUMAN RIGHTS LAW JOURNAL 23.).

Although recommendations were submitted, implementation has been weak, and few officers have been held accountable.

Nevertheless, there are signs of progress. Public interest litigation is increasing, driven by civil society organizations such as SERAP, Access to Justice, and the Human Rights Advancement and Development Centre (HURILAWS). More lawyers are offering pro bono services, and digital tools are emerging to track rights violations.
In summary, Nigeria’s legal system contains many of the right tools on paper to protect human rights. However, institutional weakness, political interference, and limited access continue to undermine enforcement. For the courts to truly defend citizens’ rights, judicial independence must be strengthened, corruption rooted out, and access to legal remedies expanded. The law must not only speak, it must work.

CIVIC RESPONSIBILITY AND THE POWER OF CITIZEN ACTION

The idea of human rights often evokes images of courtrooms, politicians, and legal documents. Yet, history shows that the most profound human rights transformations have been sparked not in parliaments, but in public squares, classrooms, social movements, and the daily courage of ordinary people. While laws can protect rights, only citizens can enforce their spirit through vigilance, advocacy, and civic participation.

In Nigeria, civic responsibility, the active participation of citizens in public life has always been a force for change. From the anti-colonial resistance led by nationalists like Nnamdi Azikiwe, Obafemi Awolowo, and Funmilayo Ransome-Kuti, to modern day protests and community actions, Nigerians have continually demonstrated that the power to shape a just society lies in the hands of its people.

A defining moment in Nigeria’s contemporary civic movement was the #EndSARS protest of 20th October, 2020 (Silas Udenze, ‘Though Episodic: The Retrospective-Prospective Nigeria’s EndSARS Protest Anniversaries and Its Peculiarities’ (2025) Sage Journals 60 (3).). Sparked by years of (SARS), Nigerian youths took to the streets in a coordinated, peaceful movement. It was spontaneous, decentralized, and largely organized through social media (ibid). The protest became a symbol of democratic expression, civic courage, and youth led advocacy. Though it was met with repression including the tragic Lekki Toll Gate shooting it awakened a generation to the reality that rights are not guaranteed unless they are defended (ibid).

This awakening unveils a vital truth: citizens are not passive beneficiaries of human rights, they are its primary defenders. A vigilant population, one that knows its rights and demands accountability, becomes the most effective check on power. Yet civic responsibility is not just about protests. It includes voting, holding public officials accountable, reporting abuses, teaching others, volunteering, and refusing to normalize injustice.

Unfortunately, civic engagement in Nigeria is constrained by several factors. Fear of retaliation, misinformation, poverty, and lack of civic education have discouraged many from active participation. According to the Independent National Electoral Commission (INEC), over 93 million Nigerians registered to vote in 2023, yet actual turnout was barely 27% (Adebayo Folorunsho-Francis, ‘2023 voter turnout hits 44-year-low, drops to 27%’ Punch News <https://punchng.com/2023-voter-turnout-hits-44-year-low-drops-to-27/> Accessed on the 4th of December, 2025.). This indicates a disconnect between legal rights and civic consciousness.

Furthermore, the suppression of dissent through arrests, censorship, and intimidation continues to weaken democratic space. Journalists, whistleblowers, and activists have been harassed, detained, or labeled “enemies of the state.” The Protection of Whistleblowers Bill, though proposed, has yet to be passed, leaving courageous citizens vulnerable.

The solution lies in mass civic education.

Citizens cannot defend rights they do not understand. The reintroduction of civic education in schools, community-led rights awareness campaigns, and social media activism can all strengthen the public’s capacity to engage. Civil society organizations like BudgIT, EiE Nigeria (Enough is Enough), SERAP, and Connected Development (CODE) have played pivotal roles in this space, using technology, data, and storytelling to empower citizens.
Religious and traditional leaders also have a responsibility. Their influence can either reinforce harmful customs or serve as platforms for peace, justice, and human dignity. When they speak out against discrimination, corruption, and violence, they help bridge the gap between law and lived experience.

Even simple acts like recording a rights violation, signing a petition, or educating a neighbour can ripple into systemic change. The lesson from successful movements is that change begins at the grassroots, grows with knowledge, and triumphs with collective will.

In the end, no constitution or law can replace the will of an informed and active citizenry. When people take ownership of their society, when they refuse silence in the face of injustice, human rights stop being abstract and become a lived reality. The journey to a just Nigeria depends not only on courts and parliaments, but on people who care enough to act. To be continued).

THOUGHT FOR THE WEEK

“To deny people their human rights is to challenge their very humanity”. – Nelson Mandela.

Continue Reading

The Oracle

The Oracle: Human Rights: Our Everyday Essentials (Pt. 1)

Published

on

By

By Prof Mike Ozekhome SAN

INTRODUCTION

Human rights are the basic freedoms and protections that belong to every person by virtue of their humanity. They are not favour to be granted by governments, nor luxuries to be afforded by wealth, but guarantees essential for dignity, justice, and peace. They follow us into classrooms, marketplaces, courts, homes, voting booths, and hospitals. They are embedded in our everyday lives often unnoticed until they are violated.

Yet, across the world today and particularly in Nigeria these rights are under pressure. Millions are deprived of quality education, clean water, fair trials, and safety from violence. Inequalities persist across gender, ethnicity, ability, and economic status. Authoritarian tendencies are growing. Youths are rising to protest brutality. Women are demanding equality. Minorities are seeking inclusion. Human rights, once considered universal, are increasingly contested.

We shall take a deep dive into the current state of human rights, globally and locally, with a sharp focus on Nigeria’s complex terrain. It begins by tracing the historical evolution of rights, then explores the challenges of our age from digital surveillance to climate displacement and highlights the voices of the marginalized. We will also examine the legal and institutional mechanisms of enforcement and end with a call to collective action to build a just, inclusive, and equitable world.

THE ORIGINS AND EVOLUTION OF HUMAN RIGHTS

Human rights did not appear suddenly in history. They evolved through centuries of philosophical thought, political revolutions, social struggles, and legal innovations. They were shaped by ancient traditions, redefined through war and rebellion, and finally enshrined into the legal frameworks that now govern modern societies. To understand why they are so essential today, we must trace their origins.

Though the modern language of “human rights” emerged in the 20th century, the quest for dignity and justice is as old as civilization (Sheeba Malik, ‘Evolution of Human Rights from Ancient Times till 20th). Early African societies had customary laws that emphasized communal welfare and fairness. Ancient Egyptian law promoted justice (Ma’at), while Yoruba traditional systems emphasized collective responsibility and moral order (Emmanuel J. Udokang, ‘Traditional Ethics and Social Order: A Study in African Philosophy’ (2014) Cross-Cultural Communication 10 (6)).

One of the earliest landmarks in the journey toward human rights was the Magna Carta, signed in 1215 by King John of England under pressure from rebellious barons (Britannica, ‘Magna Carta’ <https://www.britannica.com/topic/Magna-Carta> Accessed on the 4th of December, 2025.). At the time, kings ruled with near absolute authority. The Magna Carta was revolutionary because it introduced the idea that even the monarch was subject to the law. Though its original intent was to protect the privileges of the English nobility, it contained principles that would echo through history. Clause 39 of the document states:
“No free man shall be seized or imprisoned… except by the lawful judgment of his equals or by the law of the land.”

This was the seed of the concept of due process, the idea that justice must follow legal procedures and not be based on arbitrary power. Over time, the Magna Carta inspired later legal developments such as habeas corpus (the right to challenge unlawful detention), and even modern constitutions (Chertsey Museum, ‘Magna Carta: Freedom under Law’ <https://chertseymuseum.org/magna_carta> Accessed on the 4th of December, 2025.). In essence, it was one of the first formal rejections of unchecked authority.

Centuries later, in 1789, the French Revolution gave rise to the Declaration of the Rights of Man and of the Citizen (Déclaration des droits de l’homme et du citoyen), another cornerstone of modern human rights thought (Yale Law School Library, ‘Declaration of the Rights of Man – 1789’ <https://avalon.law.yale.edu/18th_century/rightsof.asp> Accessed on the 4th of December, 2025.). Inspired by Enlightenment thinkers like Jean-Jacques Rousseau and Montesquieu, and influenced by the American Declaration of Independence (1776), this document was a powerful assertion that rights belonged not just to nobles or monarchs, but to all citizens. It declared, in Article 1:
“Men are born and remain free and equal in rights.”

The Declaration emphasized liberty, property, security, and resistance to oppression. It proclaimed freedom of speech, the presumption of innocence, and the sovereignty of the people. Importantly, it broke from feudal traditions and asserted the universal nature of rights. These ideas would later influence the constitutions of many nations, including Nigeria.

While these early documents were monumental, they were not perfect. The Magna Carta did not protect women or peasants, and the French Declaration did not extend full rights to women or enslaved people in French colonies. But they signaled a new era one where rights were no longer gifts from rulers, but entitlements grounded in human dignity.

However, the greatest leap came after World War II, when the world, shocked by the Holocaust and widespread atrocities, convened under the United Nations to craft a global framework of human dignity.

In 1948, the Universal Declaration of Human Rights (UDHR) was born (Wikipedia, ‘Universal Declaration of Human Rights’ <https://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights> Accessed on the 4th of December, 2025.). It declared that “all human beings are born free and equal in dignity and rights.” It introduced the world to 30 rights including freedom from torture, freedom of speech, the right to work, and the right to education. Though not legally binding, it inspired over 60 international instruments, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Nigeria, having gained independence in 1960, is a signatory to most major international human rights treaties (Wikipedia, ‘Human rights in Nigeria’ <https://en.wikipedia.org/wiki/Human_rights_in_Nigeria> Accessed on the 4th of December, 2025.). The 1999 Constitution of the Federal Republic of Nigeria enshrines many of these rights in Chapter IV from the right to life (Section 33) to freedom of expression (Section 39) and movement (Section 41). However, these rights are too often suspended in practice not through law, but through silence, impunity, and neglect.

As we trace this historical evolution, a painful irony becomes clear: never before have human rights been more recognized, yet so routinely violated. The gap between theory and reality continues to widen.

NIGERIA AND THE GLOBAL HUMAN RIGHTS CRISIS

Human rights lose their power when they are not equally applied. While laws may proclaim that all people are equal before the law, reality often reveals a very different picture especially in societies like Nigeria, where social, economic, and cultural divisions determine whose rights are truly respected. The most dangerous threat to human rights is not always violent abuse, but silent exclusion. Across gender, ethnicity, disability, and sexual identity, many Nigerians are systematically denied full citizenship in the realm of rights.

Women, who make up nearly half of Nigeria’s population (STATISTICAL REPORT ON WOMEN AND MEN IN NIGERIA (2022) <https://www.nigerianstat.gov.ng/pdfuploads/2022_Statistical_Report%20on%20Women%20and%20Men_%20in%20Nigeria.pdf> Accessed on the 4th of December, 2025.), continue to face entrenched discrimination. The 1999 Constitution guarantees equality under Section 42 (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person…, and Nigeria has ratified key international instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (Eseni Azu Udu et al., ‘Evaluating the Enforcement of the Rights of Women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979: The Nigerian Experience’ (2023) Beijing Law Review 14 (2). However, the Gender and Equal Opportunities Bill, which seeks to domesticate CEDAW into Nigerian law, has been rejected multiple times in the National Assembly (Femi Falana, ‘Condemnation of the National Assembly’s rejection of bills seeking gender equality by Funmi Falana’ Vanguard News <https://www.vanguardngr.com/2022/03/condemnation-of-the-national-assemblys-rejection-of-bills-seeking-gender-equality-by-funmi-falana/> Accessed on the 4th of December, 2025.). Women’s rights to inheritance, land ownership, education, and protection from gender based violence remain severely compromised, especially in rural and northern regions.

According to the Nigeria Demographic and Health Survey (NDHS 2018), 31% of women aged 15 to 49 have experienced physical violence (*FIDA, ‘PRESS STATEMENT BY FIDA NIGERIA ON THE COMMEMORATION OF INTERNATIONAL WOMEN’S DAY 2025’ <https://fida.org.ng/author/lern/page/6/#:~:text=Accordingly%2C%20across%20Nigeria%2C%20millions%20of,states%2C%20leaving%20many%20women%20unprotected.> Accessed on the 4th of December, 2025.), while about 1 in 4 Nigerian girls are married before age 18 in violation of the Child Rights Act (2003). Although this law prohibits child marriage, it has not been adopted in several northern states where religious or cultural practices override federal statutes. The result is a two tiered legal system that fails to offer equal protection to all Nigerian children.

The rights of persons with disabilities are similarly neglected. After years of advocacy, Nigeria passed the Discrimination Against Persons with Disabilities (Prohibition) Act in 2018, which mandates accessibility, education, and protection against discrimination (Anietie Ewang, ‘Nigeria Passes Disability Rights Law; Offers Hope of Inclusion, Improved Access’ Human rights watch <https://www.hrw.org/news/2019/01/25/nigeria-passes-disability-rights-law> Accessed on the 4th of December, 2025.).

However, enforcement remains minimal. Many public buildings, schools, and health centers are still inaccessible, and employers routinely exclude disabled persons from job opportunities, despite Section 6 of the Act requiring equal employment access. The National Commission for Persons with Disabilities, established to oversee compliance, remains under resourced and under recognized.

Religious minorities, too, face threats to their basic freedoms. Nigeria’s constitutional guarantee of freedom of religion under Section 38 of the 1999 Constitution of Nigeria (As Amended) is often tested in regions where religious laws are enforced to the detriment of minorities. In 2022, the killing of Deborah Samuel, a Christian student in Sokoto accused of blasphemy, drew national and international outrage. Despite video evidence, few arrests were made, and no prosecutions followed (Aljazeera, ‘Mob kills student over ‘blasphemy’ in northern Nigerian college’ <https://www.aljazeera.com/news/2022/5/12/mob-kills-student-over-blasphemy-in-northern-nigerian-college> Accessed on the 4th of December, 2025.). This case shows the dangerous intersection of mob justice, religious extremism, and weak rule of law.

Ethnic marginalization also remains a major fault line in Nigeria’s political and social fabric. From the historic exclusion of Igbo people after the Biafran War, to the neglect of minority communities in the Niger Delta and Middle Belt, political power and resource allocation are often shaped by ethnic favoritism. The execution of Ken Saro-Wiwa and eight other Ogoni activists in 1995 for protesting environmental degradation in the Niger Delta remains one of Nigeria’s most infamous human rights violations. Though the Niger Delta Development Commission (NDDC) was created to address the region’s neglect, corruption and underperformance have kept many oil-producing communities impoverished and polluted.

These realities expose a hard truth: the majority of Nigerians live on the margins of their own rights. Legal recognition means little without enforcement, and equality on paper is meaningless without access, inclusion, and accountability.

A human rights framework must address not only individual liberty but also systemic inequality. If justice is to have real meaning in Nigeria, it must start by amplifying the voices of those pushed to the edges women, children, persons with disabilities, ethnic minorities, and sexual minorities. These are not special interest groups; they are citizens of equal worth, entitled to the same protections, dignity, and opportunities as anyone else. (To be continued).

THOUGHT FOR THE WEEK

“To deny people their human rights is to challenge their very humanity”. – Nelson Mandela.

Continue Reading

The Oracle

The Oracle: The New Digital Colonialism: Navigating AI Policy Under Foreign Tech Dominance (Pt. 5)

Published

on

By

By Prof Mike Ozekhome SAN

INTRODUCTION

In our last outing, we continued from the dangers of weak localization and disproportionate influence of foreign technology on African ecosystems. Followed by an in-depth analysis of the issues generated by AI policy and later at what African States needs to do to tackle the challenge-using Nigeria as a case study with special emphasis on the pen in the trans-continental transformation of AI technology and later x-ray the need for technological sovereignty and for crafting an indigenous AI policy agenda. We shall then conclude with an overview of lessons from abroad including the US, EU and China. Today, we shall take a look at the Future of African Digital Sovereignty, starting from Lagos to Accra, Cape Town to Cairo, Dakar to Dares Salaam, and in fact all fifty-four nations of African continent. We shall thereafter conclude with how the choices made by the African nations today with respect to AI governance, data sovereignty, and technological infrastructure will determine whether the continent will remain passive a consumer of foreign systems or emerges as an active shaper of global digital futures. Enjoy.

THE FUTURE OF AFRICAN DIGITAL SOVEREIGNTY

Imagine this: the year is 2050. From Lagos to Accra, Cape Town to Cairo, Dakar to Dares Salaam, all fifty-four nations of our beloved continent stand as co-authors of a shared digital destiny. The pen that once wavered in the hands of fragmented states has become steady, guided by unity, foresight and the vision to craft a future defined not by dependence, but by sovereignty, equity and innovation.

Across Africa, technology is no longer imported as a foreign product but created, nurtured and exported as a global standard. In Lagos, young engineers design energy-efficient AI chips that rival and surpass those made in Silicon Valley. In Kigali, a hub once celebrated for its early smart city experiments, Africa’s first quantum computing centre now powers healthcare breakthroughs across continents. Nairobi has become the headquarters of the Pan-African AI Ethics Council, an institution that sets the global benchmark for human-centred artificial intelligence. Accra, Addis Ababa and Johannesburg anchor Africa’s digital economy with data centres that rival those of Europe and Asia, ensuring that Africa’s data never again flows outward without reciprocity.

The transformation began with a recognition: technology is not neutral. Africans understood that algorithms, data systems and biometric technologies are instruments of power. Instead of uncritically adopting systems that excluded the rural, the poor, the disabled or the linguistically diverse, the continent chose a different path: technology that reflects African values of dignity, community and justice. The lessons of early missteps, such as exclusionary ID systems and exploitative data mining by foreign corporations, were not forgotten. They became rallying points for reform.

By 2035, every African nation had adopted a binding Digital Bill of Rights, enshrining privacy, dignity, transparency and accessibility as constitutional guarantees. Consent is no longer a perfunctory box to be ticked but an active and meaningful right, accessible even to citizens with low literacy or those living in remote communities. Algorithms deployed in courts, schools, banks and hospitals are explainable, accountable and open to independent audit. Citizens are not passive subjects of technology but active shapers—through participatory platforms that allow them to influence how data is collected, how AI is used, and how rights are protected.

The institutions that guard this ecosystem are robust, independent and trusted. The African Data Protection Commission; born out of a coalition of all fifty-four nations, operates with technical excellence and political autonomy. It not only oversees compliance but actively invests in capacity-building across the continent. Local regulators are no longer captured by external interests; they are guardians of sovereignty. Civil society, academia and entrepreneurs are embedded in digital governance as co-creators, not outsiders. The result is an ecosystem where technology is democratized and trust is the currency of digital life.

Infrastructure, once the Achilles’ heel of African development, is now its greatest strength. Universal broadband covers the continent, powered by a mix of green energy grids, solar satellites and fibre networks woven through deserts, forests and cities. Every village is a node in Africa’s digital constellation. Data centres, built and managed by Africans, ensure that information flows within Africa before it flows outward. These infrastructures are interoperable, resilient and sovereign.

Economic life thrives within this digital ecosystem. The African Continental Free Trade Area has blossomed into the world’s largest digital single market, seamlessly integrating fintech, e-commerce and cross-border innovation. A farmer in Mali can sell directly to buyers in Morocco using blockchain-backed platforms that guarantee fair prices, transparency, and security. A nurse in Uganda consults instantly with a doctor in Tunisia through AI-powered telemedicine networks. Start-ups in Lusaka or Ouagadougou scale as easily as those in Paris or Singapore, because Africa’s venture ecosystem is rich, connected and self-sustaining.

Yet the utopia is not measured by economic prosperity alone. Africa’s digital future has become a moral compass for the world. By embedding Ethics by Design into every innovation, Africa proved that technology could uplift rather than exclude. AI systems in Africa are trained on diverse datasets that reflect the continent’s multitude of languages, cultures, and histories, ensuring that bias is minimized and inclusion maximized. Assistive technologies empower people with disabilities to thrive. Rural communities once disconnected are now innovators, shaping tools that respond to their own realities—tools built in Hausa, Wolof, Amharic, Zulu and hundreds of other African languages.

Education has been re-imagined. Many children across the continent now have access to quality, personalized, AI-driven learning, designed with local contexts in mind. Universities collaborate through the Pan-African Digital Knowledge Network, pooling resources to create world-leading research in AI, biotechnology, renewable energy and cyber security. Brain drain has reversed—talent flows into Africa, not away from it.

Crucially, Africa’s rise did not come through isolation but through strategic partnership. Unlike the extractive digital colonialism of the past, today’s partnerships are forged on reciprocity and respect. Africa sits at the table of global digital governance as an equal, co-drafting the ethical frameworks that guide the use of AI, biotechnology and space technologies. Where once it was a consumer, Africa is now a producer, standard-setter and exporter of innovation and ideas.

This Africa is not utopia because it is flawless. It is utopia because it has embedded resilience, justice and inclusion into the fabric of its digital transformation. It has proven that sovereignty is not about closing borders but about opening opportunities, not about resisting technology but about owning it, shaping it, and ensuring it serves humanity.

CONCLUSION

Africa stands at a crossroads. The choices made today about AI governance, data sovereignty, and technological infrastructure will determine whether the continent remains a passive consumer of foreign systems or emerges as an active shaper of global digital futures. To avoid a new wave of digital colonialism, African states must embed ethics, sovereignty, and inclusion into their AI policies, invest in indigenous innovation, and strengthen regional collaboration. Only then can Africa wield the pen of authorship—crafting a digital destiny rooted in dignity, justice, and self-determination. (The end).

THOUGHTS FOR THE WEEK

“Historically, privacy was almost implicit, because it was hard to find and gather information. But in the digital world, whether it’s digital cameras or satellites or just what you click on, we need to have more explicit rules – not just for governments but for private companies”. – Bill Gates.

“Social media is changing the way we communicate and the way we are perceived, both positively and negatively. Every time you post a photo, or update your status, you are contributing to your own digital footprint and personal brand” – Amy Jo Martin.

Continue Reading

Trending