Law and Development in Nigeria

This article explores the use of law in development at two levels in Nigeria. Development as a state duty has been provided for under the constitution, thereby creating socio-economic rights for citizens, albeit rights which are unenforceable. Seven development policies drawn up at different times have all also invoked law in one way or another to facilitate the achievement of their respective objectives. Both cases reflect the international trend in their respective discourses. The first approach mirrors the international human rights regime, while the second mimics international development discourse. While the instrumental use of law is desirable, this article argues that it is inadequate. More needs to be done to supplement it. First, courts need to adopt a radical interpretation of the constitutional provisions to make socio-economic rights enforceable. Secondly, people need to be active citizens through participation in the development process.