


































Advances in Politics and Economics 
ISSN 2576-1382 (Print) ISSN 2576-1390 (Online) 

Vol. 5, No. 4, 2022 

www.scholink.org/ojs/index.php/ape 

83 
 

Original Paper 

Confronting the Constitutional Challenges to Realizing the 

Right to Development of the Niger Delta Communities in 

Nigeria 

O. OGECHUKWU AJOKU ESQ
1 

1 
Nigeria 

 

Received: October 10, 202    Accepted: November 22, 2022   Online Published: December 1, 2022 

doi:10.22158/ape.v5n4p83        URL: http://dx.doi.org/10.22158/ape.v5n4p83 

 

Abstract 

This chapter seeks to examine the role of law, legislative, regional and multilateral instruments towards 

confronting the challenges to realizing the right to development of the Niger Delta communities in 

Nigeria. Such enabling instrument as African Charter on Human and Peoples’ Rights creates legal 

obligations for African States to implement the right to development. In other words, legal and 

constitutional protection of the right to development is very important either directly through the 

inclusion of the right to development in the constitutional bill of rights, or indirectly by ensuring 

applicability and justiciability of the African Charter in domestic law. This is a cue for the Nigerian 

government to follow. Inspite of these enabling instruments, the potential of the right to development in 

Nigeria remains largely untapped. In Africa, and by extension Nigeria, the right to development enjoys 

a legal status equal to all other human rights (Note 1). This is due to its inclusion in the African 

Charter on Human and Peoples’ Rights, though the practice of implementation remains hitherto 

unexplored, nor its potentials as an instrument to protect the well being of the population exhausted 

(Note 2). This chapter shall review domestic, regional and global instruments of the right to 

development, examining the case law of the African commission on Human and Peoples’ Right, as well 

as the duty of the Nigerian government to take into account the right to development of the Niger Delta 

in furtherance of their international obligations. The African Charter is an innovative and unique 

regional document that substantially departs from the narrow formulations of other regional and 

universal human rights instruments, particularly by the insertion of the group and peoples’ rights (Note 

3). This work investigates the challenges and constraints to realizing the right to development of the 

Niger Delta communities of Nigeria amidst the regional, as well as international instruments that 

guarantee such a right. By constraints and challenges it is meant problem of constitutionalism that 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

84 
Published by SCHOLINK INC. 

assails the opportunity for the involvement of the people of the Niger Delta in whatever decision that 

concerns their development and restoration of the environment and ecology. It seeks to situate human 

beings, rather than growth, at the centre of the development process. (Note 4) The right to development 

appeared in a number of important soft law instruments such as the World Conference on Human 

Rights Vienna Declaration, The Millennium Declaration, and the Rio+20 Outcome Document (Note 5). 

These documents were adopted by consensus, not by split vote, yet provided insufficient evidence of a 

genuine legal conviction supporting the right to development, nor a move towards law making on the 

right to development. They are therefore mere recommendations lacking in authentic legal force. 

 

1. Introduction (The Niger Delta Overview) 

The Niger Delta region of Nigeria is comprised of nine (9) states in Nigeria. They are: Abia, Akwa 

Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo, Rivers states. These states are peculiar amongst 

the rest of the states of the federation due to the oil and gas reserves (resources) embedded under their 

belly, yet they suffer much indignities, rights violations, environmental degradation, and criminal 

neglect both from governments and corporate organizations (in the extractive industry) operating in the 

region. The right to development discourse as envisaged in this research work seeks policies, 

programmes and concerted multilateral efforts to empower the community to fully play roles in 

exploiting or enjoy the benefits of exploiting the resources embedded in their land. This is what the 

provision of Article 22 of the African Charter has sought to guarantee through domestication and 

implementation by appropriate legislation. Nigeria is a signatory to the charter and has gone further to 

domesticate the provisions of the charter in the 1999 constitution, as amended.  

Nigeria is well endowed with mineral resources. Oil and gas forms part of the major part of the natural 

resources, most found in the Niger Delta region of Nigeria. With 40billion barrels of proven oil 

reserves and daily production of about 2.4 million barrels of crude oil, Nigeria has become one of the 

major petroleum exporters in the world. The government and the oil multinational corporations earn 

huge revenues and profits from oil and gas exports. Ironically, amidst growing exports and increasing 

revenue to national, state, and local governments, poverty levels in the country, particularly the Niger 

Delta community, have escalated while social infrastructures have collapsed. Dependence on oil and 

gas revenues has been a major factor in the inability of the state to create an enabling environment for 

sustainable development with the result that citizens are disenchanted while violence has worsened in 

the entire country. 

The increasing violence in the Niger delta complicates a social situation characterized by massive 

poverty and environmental degradation occasioned by the exploitation of crude and natural gas in the 

area, as corruption has robbed the communities of potential benefits from the accrued federal, state and 

local government revenues from oil and gas sales. This scenario has necessitated the need for citizens 

and government to work towards promoting a new deal in democratic accountability in the Niger Delta 

region and Nigeria in general by improving participation and dialogue among communities, civil 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

85 
Published by SCHOLINK INC. 

society and governments to ensure that government budgets work for the people. 

Despite over 50 years of increasing oil and gas production, the Niger Delta region of Nigeria remain 

impoverished communities and social infrastructure in the region are in various states of decay or 

completely collapsed. Nigeria is the 6
th

 largest exporter of crude oil in the world, yet it fares poorly in 

many development indices, particularly the Niger Delta region where the oil and gas production is most 

prevalent. 

 In order to facilitate exploitation of oil and gas resources, the Land Use Decree of 1978, now the Land 

Use Act, by past military regimes vest ownership and control of all land and mineral resources in the 

state. Government, devoid of any reference to communities, grants away communal lands and forests to 

oil and gas companies for exploration and exploitation of crude oil and gas. In the resources bearing 

Niger Delta region, the oil industry creates conditions for social dislocation and communal violence, as 

land expropriation by state for oil activities creates scarcity of productive land (Note 6). All stages of 

oil activity including exploration, drilling and transportation result in the destruction of the natural 

environment and the livelihood of local people who depend on land for their survival. Forests and 

mangroves are cleared, community farmlands are destroyed, and wetlands, creeks and community 

fishponds are polluted, while the air and rainwater is contaminated with dangerous gases flared 

indiscriminately by oil and gas producing companies. The Niger Delta members are helpless due to 

their lands being acquired and expropriated through the instrumentality of the provisions of the Land 

Use Act 1978. The obnoxious provisions of the Act cannot be easily expunged or amended due to the 

insertion of the Act in the 1999 constitution. The said constitution further in sections 43 and 44 

declared all lands and mineral resources as vested in the federal government of Nigeria. The process of 

constitutional amendment is very cumbersome, long and winding. 

Government’s reliance on oil export revenues has resulted in the neglect of other productive sectors of 

the national economy. Previously, vibrant agricultural sector and robust manufacturing sector have 

suffered under collapsing national infrastructures including energy and transportation, as successive 

governments, not being dependent on taxes from non-petroleum sectors of the national economy have 

diminished incentives to these sectors. 

It is pertinent to therefore examine the possibility of Article 22 of the African Charter of Human and 

People’s Rights (African Charter) being invoked in resolving the constitutional challenges to realizing 

Right to Development of the Niger Delta Region of Nigeria. The African Charter is a regional 

instrument duly domesticated and inserted in the Constitution of the Federal Republic of Nigeria 1999. 

The problematic aspect of this domestication is implementation to address inequalities, criminal neglect, 

failure of governance, and widespread violations in the Niger Delta Region of Nigeria.  

 

2. Concept and Emergence Agitation for Right to Development 

Absence of needs satisfaction leads to a feeling of relative deprivation, which builds up to grievance. 

There is a wide held view that the concepts, principle and attributes of Right To Development (RTD) 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

86 
Published by SCHOLINK INC. 

are too vague (Note 7). It has been the observation that neither the core norm nor the recent case law 

comprehensively responds to all the preoccupations of keen observers when it comes to giving effect to 

the right to development. The concept of being vague is due to the fact that it has never been defined in 

a way that is coherent or capable of gaining consensus. This is traceable to the reason why it is not 

justiciable. Although not justiciable, it is humbly suggested that it should be a standard of achievement, 

reflecting what has been agreed as the essence of the right in the declaration and balancing the main 

concerns of various geopolitical groups, which are further fortified by attributes and criteria. 

The right to development does not entail increased resources in whatever guise (whether aid, loans, 

debt forgiveness, investment etc). This is the views of the task force on country ownership under the 

Accra Agenda for Action in consolidation of Findings of the High Level Task Force on the 

implementation of the Right to Development. (Note 8) The RTD is the right of peoples and individuals 

to the constant improvement of their well-being and to a national and global enabling environment 

conducive to just, equitable, participatory and human-centred development respectful of human rights 

(Note 9). 

The realization of RTD demands an enabling environment, along with comprehensive human-centred 

development, social justice and equity. For this to be accomplished there ought to be a government 

policy, process of implementation and positive outcome beneficial to the people of the Niger Delta. The 

government policy ought to engender a comprehensive participatory human rights process, and 

promotion of social justice in development. 

This research work reviewed some published texts and other scholarly works and other scholarly works 

and discovered that there are gaps in the conceptualization of RTD as it affects the Niger Delta region 

of Nigeria. Thus, in examining the challenges of RTD in the Niger Delta, this work adopts the Marxist 

Political Economy Approach. The Marxist political economy approach is based on dialectical 

materialism and relative deprivation perspective which accords primacy on material or economic 

conditions of society (Note 10). It is premised on the belief that man is dominantly motivated by 

economic needs. Thus economic activity is man’s primary concern. To Karl Marx, every political 

system corresponds and reflects the kind of economic structure in the society. He places emphasis and 

premium on production base, being the substructure as this determines the politics, ideology and 

culture of the society being the superstructure. He further contends that these determine how a country 

organizes, manages and reproduces itself, especially as regards the causes of tension, conflicts or 

contradiction in any given society and the bearing or direction of social change. This further suggests 

that there occurs in the capitalist mode of production an economic surplus for which different interest 

groups in the society scramble. That scramble usually generates conflicts. Political conflict is being 

therefore regarded as an extension of economic conflicts into the realm of politics. The conflict takes 

place between classes which are also the products of the mode of economic production. Each class 

tends to dominate and exploit one another. 

In the case of the Niger Delta, the Marxist theory can be analogous. This is grounded on the capitalism 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

87 
Published by SCHOLINK INC. 

that promotes over dependence on charity either from government or from oil multinationals. This 

portrays the uneven development, social inequalities, leading to a scenario where different modes of 

production co-exist. Under such conditions, what might be regarded as national progress tends to affect 

certain groups adversely (Note 11). In the Nigerian contexts, therefore, such uneven development with 

its adverse effect came to be perceived along regional lines. Thus, every ethnic nationality tends to seek 

a better share of the nations resources and wealth which in turn strengthens regional agitations. The 

feelings of relative deprivations are clearly translated into antagonistic regional rivalry. In this regard, a 

process which would have taken the form of interclass struggle is construed as an inter-regional 

struggle (Note 12). 

The above analogy describes the theory of relative deprivation as it affects oil wealth and the deepening 

poverty in the Niger Delta community. The Niger Delta is an oil rich region, yet enmeshed in conflicts 

and crisis of development. The legitimate means of livelihood of the teeming population has been 

eroded by the oil exploration embarked by the multinational oil companies enjoying the support of 

successive Nigeria government. In this regard, the theory of relative deprivation emphasizes the 

substances of people’s expectations and reality. The constitution and sundry legislation, as well as 

governmental policies, have hitherto continuously deprived the region of its life and space. 

 

3. The Right to Development Discourse 

There’s abundant literature on the right to development discourse and also on the Niger Delta crisis of 

development. This work concentrates on a few that is pertinent to the clearer conceptualization of the 

right to development as it affects the Niger Delta. This brings us to the ‘causality thesis’, regarding 

youth militias, self-determination, and resources control in the Niger Delta, as developed by E.E 

Osaghae, A. Ikelegbe, O.O Olarinmoye, and S. I. Okhomina (Note 13). Their research finding 

addressed the themes of self-determination, resource control, the Niger Delta struggle including its 

methodology, the place of youths, the militias and the issues in the resolution of conflicts and the 

effects of the conflicts. Their study observed that the ensuing frustration, discontent and anger pushed 

the youths towards militant actions, especially when confronted with state and corporate insensitivity, 

abuse, intimidation, violence and militarization. 

The Marxist “Dialectical Materialism” is also a resource that will be apt in aiding the appreciation of 

this work in explaining the resulting effect of neglect of Niger Delta development. This is premised on 

the belief that man is largely motivated by economic needs. To Karl Marx, every political system 

corresponds and reflects the kind of economic structure in the society. The situation in the Niger Delta 

confirms Marx’s assertion that all “history is the history of class struggle between a ruling group and an 

opposing group”, from this came a new economic, political and social system. The Niger Delta 

communities have articulated their points, advancing reasons why they took arms against the Nigerian 

government which is the ruling group in this struggle. Among their key demands are constitutional 

review, resource control and true federalism. But how has successive governments responded to these 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

88 
Published by SCHOLINK INC. 

demands? Rather than a proactive approach, the government resorted to hardliner constitutional stance 

that tends to uphold the sanctity of the constitution which has variously been criticized and vilified as a 

document of fraud and repression. These repressive legislations are those that fuel most of the conflicts 

and agitations for resource control and right to development. There is imbalance and unreasonableness 

in most of the sections of such laws which needs immediate legislative or judicial inspired review.  

The right to development requires the creation of opportunity for participation including social and 

economic rights. From the abundant literature on the right to development, there is no fixed model 

suggested for realizing the right to development as its meaning is regarded as contextual and therefore 

unclear (Note 14). This research paper contends that Article 22 African Charter is very clear on the 

guarantee of right to development, and the various agitations of the peoples of the Niger Delta is clear, 

devoid of ambiguity nor equivocation. 

 

4. Perspectives to Realizing the Right to Development 

The right to development is a Global South, and particularly Africa, initiative, and perspective, to the 

global normative human rights framework (Note 15). Implementation in practice would demonstrate 

commitment, and show that the right to development has real added value. In other words, the right to 

development, when properly implemented, shall improve human dignity. The domestic dimension of 

the right to development entitles the peoples of the Niger Delta to meaningful participation and 

benefit-sharing in the development effort, while the global dimension of the right to development 

protects them against external adverse impact, by establishing a state duty to provide protection against 

abuses by third parties, including foreign states, intergovernmental organizations and multinational 

corporations (Note 16).  

The right to development and its effective realization, though controversial, is an aspect of human 

rights, enforceable under the African human rights system and also guaranteed in the United Nations 

Millennium Declaration. This research paper raises the issue of the lack of participation of the Niger 

Delta community of Nigeria in matters and decisions affecting their land and the resources embedded 

therein under the belly. There is therefore the need to vigorously pursue a development intervention in 

the Niger Delta by leveraging on this provision of the African Charter alongside the entire African 

human rights system widely viewed as comprehensive and direct. 

The constitutional structure of the federation and governmental functionality need to be urgently 

renegotiated to enable the people of the Niger Delta utilize their natural resources for their own 

development. The crisis of development in Niger Delta is derived from the legal, constitutional and 

structural defects inherent in the Nigerian state (Note 17). This is complicated by legislations that vest 

all land and resources in the federation to the federal government of Nigeria, with lands in the states 

vested in the state government. In other words the statutory basis of the Niger Delta crisis is traced to 

Nigeria’s defective federal structure that has been maintained by the military imposed unitary laws 

(Note 18).  



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

89 
Published by SCHOLINK INC. 

The realization of the right to development is a panacea to the poverty and neglect plaguing the Niger 

Delta of Nigeria. Legal and constitutional steps taken towards this realization are indispensable to 

prevention of conflicts because they touch on every fundamental of such conflicts. Thus, realizing the 

right to development of the Niger Delta belongs to the realm of economic and social rights which is 

germane and indispensable, not only because of the need to protect these rights as human rights but 

also because effective protection of these rights is inherently invaluable and fundamental for peace and 

stability (Note 19).  

The right to development is an inalienable right by virtue of which every human person and all peoples 

are entitled to participate in, contribute to, and enjoy economic, social, cultural and political 

development, in all human rights and fundamental freedoms can be fully realized (Note 20). A proper 

constitutional structure will be apt to provide the basis for the realization and enjoyment of this right to 

development (Note 21). It shall provide the foundations of a polity where a life in dignity and 

self-fulfilment becomes an actual opportunity for everyone (Note 22). In other words human rights and 

development are not to be viewed as separate domains. Both ought to complement each other (Note 23). 

The 1966 International Covenant on Economic, Social and Cultural Rights provided a launching pad 

for the 1986 UN Declaration of the Right to Development. The declaration became a milestone in the 

struggles by radical Third World countries within the UN to pass a package of reforms that resulted in a 

New World Order (NIEO) that are fair to the low income countries, even though the declaration is 

non-binding (Note 24).  

The concept of the right to development places human being, rather than growth, at the centre of the 

development process, and seeks social justice and respect for all human beings as part of the process 

and outcomes of national development policies (Note 25). In spite of the laudable efforts made in 

according the right to development as human rights, this right has been merely treated as a political 

claim that possess little impact on development practice. It is pertinent to note that the right to 

development demands that every human person and all peoples are entitled to participate in, contribute 

to, and enjoy economic, social, cultural and political development in which all human rights and 

fundamental freedoms can be realized. This is absent in the Niger Delta region of Nigeria where 

neglect, environmental degradation and inequality is widespread. The Nigerian government has paid 

less heed to the plights and suffering of the communities in the Niger Delta. There is need to explore a 

framework to make government and the international oil companies operating in the Niger Delta 

communities accountable and responsible. This shall be the significant contribution to assuaging the 

suffering of the members of the Niger Delta communities due extensively to the environmental 

degradation for their means of livelihood and sustainance. 

The UN General Assembly declaration of the right to development takes a holistic, human-centered 

approach to development (Note 26). It views development as a comprehensive process aiming at 

improving the well-being of the entire population and of all individuals on the basis of their active, free, 

and meaningful participation and in the fair distribution of the resulting benefits. According to Stephen 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

90 
Published by SCHOLINK INC. 

Marks (Note 27), the right to development recognizes development as a human right which empowers 

all people to claim their active participation in decisions that affect them. The people of the Niger Delta 

should not be regarded as mere beneficiaries of charity. They are entitled to claim an equitable share of 

the benefits resulting from development gains. The Nigerian government has resorted to all manner of 

constitutional and legal frameworks to deny the people of the Niger Delta their fair and due 

entitlements. The Nigerian state owes the people of the Niger Delta the primary responsibility for 

human rights fulfillment and for the creation of an enabling environment for development, and 

application of the principles of equality, non-discrimination, participation, transparency, accountability, 

and prudence. Human aspirations for development and well-being can be realized in the atmosphere of 

a solid national accountability framework for development that respects equity, social justice, and all 

human rights. 

At the UN Millennium Summit in 2000, the heads of state and government committed themselves to 

the task of making the right to development a reality for everyone and freeing the entire human race 

from want (Note 28). Ten years later, at the 2010 Millennium Development Goals Review Summit, 

they reaffirmed the importance of freedom, peace and security, respect for all human rights, and the 

rule of law (Note 29). In spite of these global commitments, the right to development of the Niger Delta 

remains a distant reality. Obstacles to realizing the right to development in the Niger Delta have not 

been static, but evolved constantly. There is need to seek new insights into the most formidable 

challenges with a view to finding solution for addressing them. The right to development discourse 

guides in identifying the structural and systemic root causes of inequality and underdevelopment as 

well as attaining giant strides in finding equitable and sustainable solutions (Note 30).  

The right to development discourse demands that the Nigerian government should make explicit 

provision for the right to development in national policy and development plans. It demands that 

government ensures that multinational oil corporations operating in the oil rich region of the Niger 

Delta do not violate the means of livelihood and wellbeing of the members of the Niger Delta 

community, rather to ensure greater transparency in negotiations and agreements. (Note 31) Inspiration 

is drawn from the 1993 Vienna Declaration and Program of Action to the right to development that 

declares it a universal and an inalienable right that is an integral part of fundamental human rights 

(Note 32). Nigeria constitutional and sundry legal, frameworks have ignored this principle and practice 

of guaranteeing that the right to development of the Niger delta is realized. Elsewhere in Africa, (Note 

33) the African Commission held the government of Kenya accountable for violations of the rights of 

an indigenous group linked to the denial of access to their traditional land. This decision is notable as 

the first time that the African Commission elaborates on the meaning of the right to development in 

Article 22 of the African Charter, the only international treaty to recognize and enforce this right (Note 

34). The African Commission, in the Endoris Case, observed that there is a need to, protect 

‘marginalized and vulnerable groups in Africa’ suffering from peculiar problems. These are groups that 

are not accommodated by dominant development paradigms, are victimized by mainstream 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

91 
Published by SCHOLINK INC. 

development policies, and have their basic human rights violated. Thus, groups, such as the Niger Delta 

communities, within this category qualify as peoples in the context of the African Charter, and enjoy 

collective rights, including the right to development (Note 35).  

 

5. What Should be the Paradigm Shift 

What is the most proactive means of implementing the Article 22 provision of the African Charter, 

particularly through appropriate policy framework, where it concerns the Niger Delta region and their 

vast oil and gas resources? How can we situate the right to development and the millennium 

development goals, the Nigerian federal government committed itself to achieving? Do they 

complement each other or mutually exclusive? As a corollary, what is the framework towards invoking 

Article 22 of the African Charter in resolving the constitutional challenges to realizing the right to 

development of the Niger Delta region in Nigeria? In what manner is it possible to address the 

inequalities and violations that tend to undermine the development process in the Niger Delta? This 

dissertation seeks a sustainable and environmental friendly exploitation of the mineral resources in the 

Niger delta, particularly for the development of the region. 

The right to development discourse is geared towards identifying the structural and systemic root 

causes of inequality and underdevelopment as well as seeking efforts to finding equitable and 

sustainable solutions. This research dissertation seeks to raise public awareness on the importance of 

this right for the many challenges the Niger Delta communities are currently facing despite numerous 

landmark safeguards provided by the African Charter. It is sincerely hoped that a proactive paradigm 

shift so far suggested in this work will contribute to constructive and inspiring approaches in making 

the right to development a reality for everyone, as envisaged in the UN declaration on the right to 

development, the Millennium Declaration, as well as the African Charter on Human and Peoples’ 

Rights. There’s yet to be a genuine change, for the better, based on these landmark efforts (Note 36). 

This suggests the interrelation between human rights and development as envisaged the formulators of 

the declaration on the right to development (Note 37).  

There is need to create a criteria for assessment of progress in the realization of the right to 

development and implementing a program of development education reaching grassroots organizations, 

and also suggestion for civil society organizations to create appropriate indicators of progress made 

towards the realization of the right to development. It is pertinent to note that the Declaration on the 

Right to Development does not create any legal obligation, although it has the potential for carrying the 

weight of moral and political obligations (Note 38). It is suggested in this work that the Nigerian 

government should make explicit provisions for the right to development in national policy and 

development plans, ensure that the oil multinational corporations operating in the Niger Delta do not 

violate the right to development. It also suggests an environment conducive to the realization of the 

right to development, particularly through the democratization of decision-making in intergovernmental 

agencies and institutions that deal with monetary policy and development assistance (Note 39).  



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

92 
Published by SCHOLINK INC. 

There is need for a powerful legal framework to impose a moral duty to stop and redress human rights 

violations and prevent them from happening in the future. This legal framework shall facilitate the 

monitoring, coordination, and implementation of the right to development, and also provide for direct 

and indirect participation of representatives of the Niger Delta people at all levels of decision-making. 

A ministerial level commission should be established for the purpose of implementing the right to 

development as a human right and periodic reports on progress and challenges in this regard.  

The statutory basis of the Niger Delta conflict and crisis of development is traceable to Nigeria’s 

defective federal structure that has been maintained by the military imposed unitary laws that hitherto 

need to be expunged. Scholars in the development law, development economics and related social 

sciences have written and argued extensively on the issue of right to development of Africa’s 

vulnerable communities. Despite the large literature bordering on problem of development and rights 

violation in the Niger Delta of Nigeria, little attention has been paid on the constitutional constraints 

and implications thereof. The discussion of the multifarious legal instruments towards addressing the 

right to development of the Niger Delta communities have been rarely articulated nor merely 

mentioned in the manner envisaged to assuage the suffering and repression of members of the Niger 

Delta communities. In other words, there is limited literature that addresses the legal architecture and 

structural challenges to the right to development of the Niger Delta communities in the manner this 

research seeks to portray the issues arising from the discourse. This work seeks to fill the vacuum in 

this regard and explore a possibility of a speedy, and uninhibited, integrated development of the 

resources rich communities of the Niger Delta communities of Nigeria. 

The Niger Delta region covers 9 states, with 27 senatorial districts and 185 local governments. There is 

need to implement the master plan that provides for best practices across the Niger Delta region. There 

is need to explore the possibility of developing growth communities in the rural area that shall possibly 

create development hubs to drive development within the communities according to their cutting-edge 

competencies. A possible legal framework shall be explored for the easy takeoff of these growth 

communities to serve the purpose of stimulating industrial development of the communities where the 

mineral resources are located. 

 

6. Lesson from Other African Counties 

African nations, particularly Malawi (article 30, 1994 constitution), Democratic Republic of Congo 

(article 58, 2005 constitution), Ethiopia (article 43, 1994 constitution), among others, have 

constitutionally guaranteed the right to development. Constitutionalization, therefore, of the right to 

development is sine qua non to its realization. The Niger Delta region of Nigeria has suffered, and still 

suffering, myriad of problems, conflicts, environmental devastation, and neglect. This has resulted to 

widespread poverty amidst oil and mineral resources being exploited in their lands. The many 

repressive laws and sections of the 1999 constitution need to be reviewed in a view to amending, 

repealing or expunging them. The right to development of the people of the Niger Delta ought to be 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

93 
Published by SCHOLINK INC. 

guaranteed both by laws and policies of the government, as well as responsible, and sustainable, 

exploitation of the mineral resources abundant in their lands by multinational oil corporations. This 

research paper seeks to enlighten and create awareness that the concepts and principles of the right to 

development is not vague but practical and proactive approach to national developmental policies that 

will not disrupt the means of livelihood of the teeming population of the people of the Niger Delta. It 

also seeks to suggest that right to development does not require budgetary allocations or acts of charity, 

but rather promotion of fairness, justice, equal access to opportunities and responsible, as well as 

sustainable, investments in the abundant mineral resources in the nation. 

 

7. Summary and Conclusion  

The plight of the people of the Niger Delta communities in Nigeria has been amplified by scholars, 

human rights crusaders, and case law. This has resulted to a significant literature on this matter. This 

research paper has so far explored published materials on right to development, international and 

regional instruments that touch directly on the right to development, and sundry local legislations, as 

well as federal government policies that address the issue of needed development initiatives that 

assuage the suffering of the most vulnerable population residing in the Niger Delta communities. The 

author visited selected communities to investigate whether ongoing as well as previous governmental 

development projects have so far positively impacted on the communities. Effort was made in this 

paper to weave all the assembled materials and findings to effectively address the right to development 

discourse. 

 

References 

Koen, D. F. (2013). The Right to Development in Africa, Law and Development. University of Antwerp 

(Draft copy presented during the advance short course on Right to Development 25-30 August 

2013 at center for Human Rights, Faculty of Law, University of Pretoria.) 

Andrea Cornwall and Celestine Nyamu-Musembi. (2004). Putting the Rights-Based Approach to 

Development into perspective. Third World Quarterly, 25(8), 1425-1437. 

https://doi.org/10.1080/0143659042000308447 

Stephen, P. M. (2011). The Politics of the Possible The way Ahead for the Right to Development. 

International Policy Analysis, June 2011, Published by Friedrich Ebert Stiftung. 

Mohammed, A. H. (2013). Third Generation Human Rights and the Good Governance. Ontario 

International Development Agency. Retrieved from http://ww.sscn.com/link/OIDA-Intl.Journal 

Philip, A. (2005). Ships Passing in The Night: The Current State of the Human Rights and 

Development Debate seen through the lens of the Millennium Development Goals. Human Rights 

Quarterly, 27(3), 755-829. Retrieved from http://www.jstor.org/stable/20069811 

https://doi.org/10.1353/hrq.2005.0030 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

94 
Published by SCHOLINK INC. 

Abonyi Nicodemus Nnaemeka. (2009). Towards an Alternative Development Paradigm for Africa. 

J.Soc.Sci, 21(1), 39-48. https://doi.org/10.1080/09718923.2009.11892749 

Elliot, M. B. (1997). Law and Development’ A Review of the Literature and a Critique of Scholars in 

Self-Estrangement. the American Journal of Comparative Law, 25(3), 492-453. Retrieved from 

http://www.jstor.org/stable/839691accessed 18/06/2013 

David, K. (2011). Challenging the Global Structure through Self-Determination: An African 

Perspective. American University International Law Review, 14(5), 5. 

World Development Report 2007. (2006). Development and the Next Generation. The International 

Bank for Reconstruction and Development/ The World Bank 2006. 

Mohan, G., & Holland, J. (2001). Human Rights and Development in Africa: Moral Intrusion or 

Empowering Opportunity? Review of African Political Economy, 28(88), 177-196. 

https://doi.org/10.1080/03056240108704524 

Bronwen, m. (2004). The African Union, NEPAD and Human Rights The Missing Agenda. Human 

Rights Quarterly, 26(4), 983-1027. https://doi.org/10.1353/hrq.2004.0051 

Siobban, M. L. (2009). Human Rights and Development a comment on Challenges and Opportunities 

from a legal perspective. Journal of Human Rights Practice, 1(1), 51-82. 

https://doi.org/10.1093/jhuman/hun005 

Chidi, A. O. (2003). Back to the Future: The Imperative of Prioritizing for the Protection of Human 

Rights in Africa. Journal of African Law, 47(1), 1-37 Retrieved from 

http://www.jstor.org/stable/30038546 https://doi.org/10.1017/S0221855303001962 

Obiora, C. O. (1995). The Status and Effect of the Right to Development in Contemporary International 

Law: Towards A South –North “Entente”, Hein Online – 7. African Journal of International and 

Comparative Law, 885. 

Bonny, I. (2011). The Right to Development: The Politics and polemics of Power and Resistance. 

Human Rights Quarterly, 33(1), 76-104. https://doi.org/10.1353/hrq.2011.0001 

Philp, A., & Marry, R. (Eds.). (2005). Human Rights and Development: Towards Mutual Reinforcement. 

Oxford University Press. 

Udombana, N. J. (2000). The Third World and the Right to Development: Agenda for the Next 

Millennium. Human Rights Quarterly, 22(3), 753-787. https://doi.org/10.1353/hrq.2000.0038 

Stephen, P. M. (Ed). (2005). Implementing the Right to Development: The Role of International Law. 

Fredrich Ebert Shifting 2008. The program of Human Rights and Development. 

Joachim, T. (2004). Promoting Rights Based Approaches: Experiences and Ideas from Asia and the 

pacific, keen publishing (Thailand). 

Amartya, S. (2006). Economic Theory, Freedom and Human Rights. ODI Briefing paper. 

Tammie, O’Neil (Ed.). (2006). Human Rights and Poverty Reduction: Realities, Controversies and 

Strategies. An ODI meeting Series, March 2006. 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

95 
Published by SCHOLINK INC. 

Hans-Otto, S. (2000). Development and Human Rights: The Necessary. But Partial Integration of 

Human Rights and Development, Human Rights Quarterly, 2000. 

Chris. N. (2011). Conflict in the Niger-Delta: More than a Local Affair, United States Institute of peace 

special Report. 

Maria, E. G. (2005). The Evolution of Development strategies in Africa: from the Lagos Plan of Action 

to the Report of the Commission for Africa. CEMISS Quartely, Spring 2005. 

Dejo, O. (2009). An Integrative Rights-Based Approach to Human Development in Africa. Pretoria 

University Law Press Pulp, 2009. 

Laure. H. P. (2002). The Right to Development: A Review of the Current State of the Debate for the 

DFID. April 2002. 

Erika, S., & Chantelle, M. (2008). Rule of Law, Justice sector Reforms and Development Cooperation. 

Concept paper for Swiss Agency for Development and Cooperation SDC 2008. 

Umeh, R. S. (2012). Oil Politics in Nigeria and the Niger Delta Crises. Solar Press Okigwe, 2012. 

Festus, I. (2007). The Niger Delta: Issues of Justice and Development Agenda. Centre for Democracy 

and Development, 2007. 

Okey, I., & Luckham, R. (2006). Niger Delta: Ploitical Violence, Governance and Corporate 

Responsibility in a Petro-State. Centre for Democacy and Development, 2006. National Human 

Rights Commission, The State of Human Rights in Nigeria 2009-2010. 

Edigin, L. U. (2014). Youth unrest in the Niger Delta Region: an insight into the causes and solutions. 

Covenant Journal of Business and Social Sciences, 5(1). 

 

Notes 

Note 1. koen De Feyter, ‘The Right to Development in Africa,’ Law and development, University of 

Antwerp, July 2013 p 3 

Note 2. Article 22(1) African Charter on Human and Peoples’ Right 

Note 3. SERAC and Another v Nigeria(2001) p 68); the Endoris Case, Infa. 

Note 4. Marks P.S, ‘The Politics of the Possible: The way ahead for Right to Development’, 

International Policy Analysis(Dialogue on Globalization), Friedrich Ebert Stiftung , June 2011 

Note 5. (A/Conf.216/L.1,19 June 2012) 

Note 6. Asume Isaac Osuoka, ‘Paper Presented at the Expert Group Meeting on the Use of 

Non-Renewable Resources Revenues for Sustainable Local Development’, Organized by UN 

Department of Economic and Social Affairs, Friday 21 September 2007, UN Headquarters, New York 

Note 7. http:/www.fes.de/GPOL/pdf/salomon_core_Norm.Pd  

Note 8. A/HRC/15/WG2/task force/2/Add.1, March 25, 2010 para 69 

Note 9. Right to Development Criteria and Operational sub-criteria, A/HRC/15/WG2/task 

force/2/Add.2, February 2, 2010 

Note 10. Proponents of Relative Deprivation Theory Are: B Chizea and Iyare, ‘Nigeria’s raying ethnic 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

96 
Published by SCHOLINK INC. 

conflicts. The role of small arms and military companies’, the constitution, Vol. 6, no.1, 2006, pp 

71-100; T.R. Gurr, why men Rebel, (Princeton, Nj: Princeton University Press 1970; D. Horowitz, 

Ethnic Groups in Conflict (Berkley CA: University of California Press 1985; Folarin, ‘Niger Delta 

Environment, Ogoni Crisis and the State’, The constitution, vol. 7 n. 1, 2007, p. 37-61 

Note 11. Tyoyia A.G. and Terhenmen G.D., ‘Challenges of Democracy and Development in Nigeria’s 

Niger Delta Region’, An Appraisal’, European Scientific Journal, Vol. 8, No. 16 

Note 12. Ibid p. 57 

Note 13. Youth Militia, Self-Determination and Resource Control Struggle in the Niger Delta Region of 

Nigeria(Dakar: CODESTRIA Research Reports 2011) No.5  

Note 14. (Philip Alston, ‘Ships Passing in the Night: The Current State of the Human Rights and 

Development Debate seen through the Lens of Millennium Development Goals’ Human Rights 

Quaterly, vol. 27,no.3, August 2005 pp 755-829, published by John Hopskins Press.; Andrea Cornwall 

and Celestine Nyamu-Musembi, ‘Putting the Rights Based Aproach to Development in Perspective’, 

Third World Quaterly, Volume 25, no 8, 2004, pp 1415-1437.; Koen De Feyter, ‘The Right to 

development in Africa’, Law and Development, published by University of Antwerp, July 2013.; 

Stephen P. Marks, ‘The Politics of the Possible: The Way ahead for Right to development’, Dialogue on 

Globalization, International Policy Analysis, June 2011 

Note 15. Koen Feyter, The Right to Development in Africa (Law and Development, University of 

Antwerp 2013, koen.defeyter@ua.ac.be 

Note 16. Ibid 

Note 17. Legislations such as the Petroleum Act, 1969, the Land Use Act 1978, and the Sections 43-44 

of the 1999 constitution, have effectively deprived local residents of any ownership stake in the land 

and petroleum resources discovered in their community. 

Note 18. ( Adigbuo E. R., ‘Nigerian National Role Conception: The Case of Namibia 1975-1990’, 

Doctoral Thesis submitted to the University if Johannesburg, South Africa, 2005) 

Note 19. Agbakwa S, ’A Path Least Taken: Economic and Social Rights and Prospects of Conflict 

Prevention and Peace Building in Africa’, 2003 1 JAL, 47 

Note 20. Article 1 of the UN Declaration of the Right to Development, UN General Assembly 

Resolution 41/128 of 4 December 1986 

Note 21. J Donnelly,’Human Rights, Democracy, and development’(1999)21 HRQ 608 at 619-22 

Note 22. ibid 

Note 23. M Robinson, ‘Bridging the gap between human rights and development: from normative 

principles to operational relevance’, World bank Presidential Fellows Lecture, 3 December 2001. 

Available at www.worldbank.org/wbi/B_SPAN/sub_mary_robinson.htm 

Note 24. Andrea Cornwall and Celestine Nyamu-Musembi, ‘Right Based Approach to Development 

into Perspective’, Third World Quarterly, Vol. 25, No.8(2004), pp.1415-1437, published by Taylor & 

Francis, Ltd 



www.scholink.org/ojs/index.php/ape              Advances in Politics and Economics              Vol. 5, No. 4, 2022 

97 
Published by SCHOLINK INC. 

Note 25. Stephen P Marks, ‘The Politics of the Possible:The Way Ahead of Right to Development,’ 

International Policy Analysis, Dialogue on Development, Fredrich Ebert Stiftung June 2011 

Note 26. adopted by the General Assembly on December 4, 1986 

Note 27. Ibid 

Note 28. (www.un.org/milennium) 

Note 29. they also included the right to development, gender equality and an overall commitment to a 

just and democratic societies for even development  

Note 30. Marks S P, supra,n 11 

Note 31. the Realization of the Right to Development: Global Consultation on the Right to 

Development as a Human Rights, HR/PUB/91?2, para 171 

Note 32. Vienna Declaration and Programme of Action, UN Doc.A/CONF.157/23,1993,para 10; GA 

Res 50/214 1995; GA Res. 48/141,1993 

Note 33. Centre for Minority Rights Development(Kenya)and Minority Rights Group International on 

behalf of Endoris Welfare Council v Kenya(2009)AHRLR 75(ACHPR2009) 

Note 34. Compendium of Key Human Rights Documents of the African Union,Fifth Edition 2013, 

Hein and Killander Editors  

Note 35. Okafor, “Righting” the right to development: a social-legal analysis of Article 22 of the 

African Charter on Human and Peoples’ Rights in Marks(ed), Implementing the Right to 

Development,The Role of International law (Geneva,Friedrich-Ebert-Stiftung, 2008) 58. 

Note 36. (http://www.fes.de/GPol/en/RTD_conference.htm) 

Note 37. Keba M’Baye, ‘The Right to Development as a Human Right,’ Inaugural Address of the Third 

Teaching Session of the International Institute of Human Rights July 3, 1972 p.503) 

Note 38. (Stephen Marks, ‘Obligation to Implement the Right to Development: Political, Legal and 

Philosophical rationales’, in Bard Anders Andressen and Stephen p marks(eds),Development as Human 

Right: Legal, Political and Economic Dimensions, revised and updated in second edition, Brussels: 

Intersentia, 2010, pp 73-100) 

Note 39. (The Realization of the Right to Development: Global Consultation on the Right to 

Development as a Human Right, HR/PUB/91/2, para 171) 

 

 

 

 


