ENFORCEMENT AND IMPLEMENTATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE NIGER-DELTA REGION OF NIGERIA:CHALLENGES AND OPPORTUNITIES

Abstract

Nigeria is one of the states that have not promoted the regime of rights called economic rights to the extent that she has promoted the civil rights.Thus, even though in some African states, their Constitutions have made provisions for protecting and promoting economic rights as is the case in South Africa, Ethiopia and Senegal, the constitution ofmany other states in Africa including Nigeria has notmade such provisions, and as at today, the realization and enjoyment of these rights are not subjected to the availability or otherwiseof resources but to thedisposition of government and the leaders.The rights cannot be litigated upon before the court in such societies including Nigeria. This is unfortunate because the resources in question are in the hands of corrupt African Leaders as it is the case with Nigeria where the resources are available but are mismanaged due to corruption. The Niger-Delta Region is the highest revenue generator for the Federal Government of Nigeria and this is as a result ofthe huge deposits ofoil and gas resources. Notwithstanding this, the regions is faced with series of environmental problems including pollution, gas flaring, oil spillages and other related hazards and have devastated the environment. The federal governments as well as the multi-national oil corporations have done nothing to provide the economic needs of the communities in Niger-Delta. Owing to the above problems, this paper becomes necessary to address the fundamental issuesas to whether or not economic, social and cultural rights can be effectively enforced and enjoyed in Niger-Delta and in Nigeria at large. The papers also aims at finding out the challenges to the realization and enjoyment of economic rights in Nigeria and in addition find options and opportunities available for the achievement of these rights. The paper considers the realization and enforcement of these rights in other jurisdictions and makes recommendations for the achievement of the rights in Nigeria and then end the crisis in Niger delta.