At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019.
This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs.
There is an emerging consensus that what is projected as democratic governance and justice in Africa requires a re-calibration, in particular, in relation to the constitutive demos, human rights, the realisation of commitments at various governance levels and the convergence between these ideations. The post-colonial narrative on democracy has unveiled some crevices in rule of law, political equality, political participation, political culture and freedom of the press. Aside from the fact that these notions are threatened by some existing institutional structures, these notions are increasingly being negotiated across political spaces. Evident in the prevalent narrative is an imperative for Africa to assert its place on the global scene of democratic governance and justice. However, if this will be accomplished, it is important to understand some of the issues that need to be worked through in this transition.
This book examines the structures and processes of political decision-making and governance in Nigeria. Since Nigeria returned to elected government in 1999, it has been observed that several factors account for the differences between the design of statutory structures and processes of political decision-making and how they operate in reality. In other words, there are wide gaps between statutes and practice of political decision-making. However, the nexus between the two remains largely understudied by political scientists. Instinctively, political scientists assume that informal influences in political decision-making are aberrations, episodic or temporary. This book is designed to interrogate the nexus between the formal and non-formal dimensions of the dynamics of political decision making in Nigeria and also provide evidence about the actual functioning of governmental structures in Nigeria. The thesis of the book is that the non-formal dimension of political decision making as evidenced in rising ethno-political patronages, religious sentiments, clientelism and factionalism, are interacting with formal decision-making structures in ways that largely undermine the latter and, by extension, the democratic system. The book pursues this thesis by examining the roles of actors and institutions including, electoral choices made by voters, legislations, which perhaps is the most fundamental form of political decision-making, policies made by the executive and administration, as well as decision making within political parties, since parties are sites for articulating and aggregating issues on which decisions are to be made.
The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 4 of the Yearbook, published in 2020, contains 24 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 4 de l’Annuaire, publié en 2020, contient 24 contributions de chercheurs du continent et d’ailleurs.
This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection. Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons. This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
This book investigates the role of law in enabling and addressing the barriers to the development of off-grid renewable electricity (OGRE). The limited development of OGRE is ascribed to a host of social, economic, and legal barriers, including the problem of initial capital costs, existing subsidies for conventional electricity, and lack of technological and institutional capacity. Through the analyses of selected case studies from Africa, Asia, Europe and North and South America, this book discusses the typical barriers to the development of OGRE from a global perspective and examines the role of the law in addressing them. Drawing together the lessons learnt from the case studies, this book offers robust recommendations on how the development of OGRE will support the goal of achieving universal access to low carbon, reliable, and sustainable electricity globally. This volume will be of great interest to students, scholars, policy makers, investors, and practitioners in the fields of energy law and policy, climate change, and renewable energy development.
Since the late 1980s the changing dynamic of global development has driven the tide of democratic expansion in the developing world. In Africa, western donors have sought to impose 'neo-liberal' visions of socio-economic and political institution-building, spreading political reforms and economic liberalisation with far-reaching consequences. Associated with external interventions, but also sometimes conflicting with them, are internal protests against authoritarianism, which have problematically reinforced and/or undermined the donor agenda for democratic reform.Here, Usman Tar questions the assumption that Africa was lacking the essential components for a spontaneous transition to democracy. He explores the dynamic, but contradictory, links between external and internal dimensions of neo-liberal democratic expansion in Africa, focusing on Nigeria. Tar dissects the struggles for democracy, and for democratic policy and practice in a country with rich economic potential but a troubled political dispensation.
