Tag Archives: democracy

Exploring the Creation of Nigerian Law

One of the central debates in the study of African politics surrounds the extent to which Africans have created their own legal systems. Is Nigerian law really even Nigerian?  Has it ever been? This is an important question because one of my lines of analysis for my dissertation will be about how the law shapes the forms of both formal and non-formal resistance in the Niger Delta.  If the law is merely an oppressive colonial construct, it would seem a poor avenue for resolving domestic and local level oil disputes. However, if it is the product of indigenous forces then it has a more legitimate claim to be a conflict resolution mechanism.

The first line of thought is that Nigerian law is not truly owned by the very people it purports to regulate and protect, and it is in fact, a Western project of domination. Comaroff and Comaroff describe Africans as “fetishizing” the domestic law they inherited from colonial powers as well as contemporary international law (Comaroff & Comaroff 2006).  By embracing both of these Western legal systems, Africans are actually reinforcing the disorder that law is intended to stop. Lawlessness in the postcolony is a product of artificially constructed legal regimes that are remnants of colonial rule.  These regimes fail to account for indigenous forms of capital accumulation and conflict resolution mechanisms, creating socioeconomic inequality that begets violence and disorder (29). In terms of modern globalization, judicialization of politics works in favor of corporate capitalism, which has used law to create a deregulated environment conducive to business. Human rights abuses surrounding oil indicate how Africa is entangled in a parallel, pariah economy of international scale that is undergirded by the use of Western forms of law (7).

Mamdani argues that democracy did not follow decolonization because in making their own governments, Africans recreated and reinforced despotic and ethnicized patterns in the bifurcated state. He calls this mode of rule “decentralized despotism.” Essentially, British “indirect rule” allowed for tribal chiefs to become their own little despots (as opposed to the French mode of direct rule which allowed French administrators to be centralized despots). This decentralized authoritarianism undergirds contemporary Nigeria’s struggles with lack of accountability and ethnic tensions (Mamdani 1996).

It has been argued that Nigerian law will never have the ability to function well because of its roots as a European means of exploitation of labor and resources, and because it entrenched previous inactive tribal conflicts that continue today. Its original purpose was never to resolve conflicts but to create them, never to limit power but to enable it (Mamdani 1996, 110). And in fact, “state law enforcement tended to rob custom of its diversity, homogenize it, and equate it with the boundaries of the tribe.” (184). With this European appropriate of African law, ethnicity became of categorical importance in land claims. The first constitution was bestowed on, and not created by, Nigerians in 1914 with the amalgamation of the British protectorates, a land consolidation enterprise (An-Na’im 2003, 212). Martin Chanock finds that Nigerian law was aimed primarily at helping Europeans secure their land rights well before that though, and largely through fomenting ethnic warfare (Chanock in Mann & Roberts 1991, 61).

Conversely, a different perspective emphasizes the role Africans have had in shaping the very European law that was bestowed upon them.  This perspective sees Africans and Europeans as engaged in an ongoing mutual construction of a fluid collection of rules and norms. Even Mamdani admits that ethnicity does not just function in a top-down manner as a means of rule, but also that it is and always has been an organizing principle in resistance. This notion is undergirded by sociolegal research that emphasizes understudied forms of resistance in Africa.

An analysis of Kenyan marriage disputes that tend to favor women’s victory in court demonstrates how those women have utilized law in a manner most beneficial to them, and at that same time have had a hand in shaping it. More specifically, these discursive courts offer sites for the complex reworking of gender relations, which creates possibilities for significant changes in social relations (Hirsch 1998). Thus, these courts have becomes sites of protest for women (Sally Falk Moore in Lazarus-Black & Hirsch 1994). Merry sees too that courts can serve as a mode of resistance to social practices such as domestic violence, but such resistance must be framed in the terms of the law itself, allowing protest only within the hegemonic categories of the law (Merry in Lazarus-Black & Hirsch 1994).

A study of the bandits of the Chad Basin shows how West African bandits have generated an “ethics of illegality” etched out by unregulated commerce that exists not as a form of resistance to the state, but in tandem with it.  In fact, “unregulated economic activity and road banditry are necessary entailments of the state in so far as they circumscribe new forms of economic rents and political constituencies. However, the state is also a necessary entailment to these activities insofar as they are dependent upon relations forged with customs officials, governors, mayors, and the police or gendarmerie” (Roitmann in Comaroff and Comaroff 2006, 250). This study speaks to the reciprocity of African law and society.

Exploring the Creation of the Nigerian State

Where does Nigeria fit into a discussion of how states are made? It is weak by nearly all measurements, and Foreign Policy magazine even labeled it a “failed state” based on its poverty and governance in 2010. To answer the Nigeria question, we might look to the institutional approach of state theory. It asserts that institutions—the way societies are organized—are the fundamental cause of countries’ underdevelopment. This traditional institutional explanation, built mainly on case studies in European countries, offers a helpful but incomplete framework for analyzing current conditions in Nigeria. It is deficient due to Nigeria’s unique human geography, colonial history, and resource endowment.

To remedy this weakness in institutional models, Jeffrey Herbst makes two key arguments about African state formation. First, he identifies population density as the causal factor behind institution building and a source of institutional comparative statics, not institutions themselves. His story is that Europe was scarce in land and high in population, whereas Africa had abundant land and fell short in population. This meant that Africans did not have to wage wars of land seizure or land defense that led to state-making and institution building, alá Charles Tilly. Furthermore, colonization in the name of resource plunder replaced the phase when institution building should have taken place. Colonization was followed by the Cold War in which the Western and Soviet powers were vying for allies in African countries, and this Western or Soviet financial support also replaced what would have been a period of institution building.

In Robert Bates’ state-centric mixed method analysis, he argues that the collapse of the state causes war and then violent political disorder, and not vice versa. The author focuses on what he identifies as the three keys to state failure in Africa aside from the destructive force of colonialism.  The first is ethnic tensions, which are the result of state failure and not of ancient hatreds, and the second is natural resources, which he finds to be a correlate but not a cause of war (as opposed to Collier and Hoeffler, or Fearon and Laitin).  The third cause for failure is a lack of strong democracy, and he maintains that competitive parties are required but not sufficient for order. Lastly, he concludes that public revenues matter more than private income, which is essentially an issue of poverty levels (Bates 2008). Bates and Barzel both think that strongly democratic states have greater productivity because individuals enjoy residual claims, thus giving individuals an incentive to be efficient (Barzel 2002).  Conversely, without rule of law the government keeps residual resources for itself, giving individuals no incentive to be efficient. Propositions by the two can aptly be applied to a reading of Nigeria.

Nigeria’s current economic, political and social conditions are best explained by research on oil politics specifically. For one, the stimied capacity of the state to raise revenues and its growing reliance on powerful interest groups conspire to limit the range of policy choices open to the government, paralyzing the process of institutional development. Thus, most extractive states like Nigeria develop similar institutional frameworks that encourage political leaders to pursue politically painless policy solutions. The end result is an institutionally weak state reliant on oil rents and beholden to rent seekers (Karl 1997).

Some argue that oil revenues interfere with state evolution—the competition for the survival of the fittest country. Most of Europe’s states did not survive because most of them were weak and unorganized; those that still exist today were simply better than the others.  Conversely, all of Africa’s modern states have survived, even bad ones.  Foreign influences and oil revenues has allowed weak states that should have died out continue on (Herbst 2000). Soares de Oliveira claims that oil may very well be the single factor allowing weak African nations to survive despite failing to meet Weberian criteria for stateness. He calls these “successful failed states” because they have immense amounts of money and can at times use ample force, yet are barely functional (with functionality defined by their institutionalization, legitimacy, and degree of rentierism). Their failure is a continuation of politics by other means (Soares de Oliveira 2007, 56).

Such a portrayal of African oil-rich countries accords with that of Scott, who conceives of the state as being an inherently extractive entity (Scott 2009). He adds to the discussion by describing how countries will use resources, e.g. oil revenues, to invent development schemes that inevitably fail because they ignore the complexity of practices, processes, and relations present in those environments, the value of everyday local knowledge. They continue to push forward these improvement plans because of their ongoing attempts at being more modern, which means greater “stateness” that justifies their own governance (Scott 1998). Oil actually exaggerates the phenomenon that Scott describes by providing almost limited resources. Nigeria has engaged in these modernizing development projects and virtually of them have been a failure.

Resistance (II): A Cultural and More Emotive Perspective

A change in rationalist modeling of how resistance functions was preceded by those espousing a more cultural and emotive perspective at least a decade earlier. The first cultural analysis to emerge on the framing of resistance movements was not incompatible with notions of opportunities. This stressed the effort that goes into symbols creation, establishment of solidarity, and portrayal of grievances. Framing, including identity shaping, is an important process that determines who joins a movement based on whether issues resonate with potential recruits, the media, outside leaders, and the public at large. Acknowledging that framing was a central dynamic in understanding social movements, Benford and Snow focused on how collective action frames have been conceptualized, framing dynamics and processes, contextual factors that constrain and facilitate framing, as well as framing outcomes (Benford and Snow 2000). They later agreed with Oliver and Johnston that frames and ideology are definitionally and analytically distinct entities that merit studying in their own right, and that the relationship between frames and ideology needs to be elaborated further. Snow argued for the study of identity frames as both dependent and independent variables, as well as stressed the dearth of scholarship on frame transformation and diffusion of identities (Snow in Snow, Soule, & Kriesi 2004, 391).

Framing and identity activation are culturally contingent, and culture is now widely accepted as being key to understanding social movements. For one, identities may be taken for granted, but in other instances activists must convince recruits of their cultural identity to get them to join, or those identities may be culturally constructed during the movement (Goodwin & Jasper 2003, 103). James Jasper has been prolific in linking culture and emotion. He writes about “the satisfactions of protest that derive from highly emotional, often ritualistic, collective activities.  These are some of the most striking achievements of a movement, a vibrant culture that gives participants a strong sense of movement identity, and internal movement practices that yield immense solidarity.” Protestors can care about reinforcing their subculture and networks as much as about their publicly stated, instrumental goals (Jasper 1997, 209). This identity activation and formation is both a cultural and emotional experience for many mobilizers.

It is so strong in fact, that such emotions can even overcome challenges to resource mobilization and can be much stronger impetuses than traditional political opportunities for getting a movement started (Jasper 1997, 292). Emotions also answer the question of why individuals continue in a social movement when it becomes clear they could quit and become a free-rider (Goodwin & Jasper 2004).

Interestingly, Francesa Polletta has argued that even structures are in part cultural. Past literature has tended to see culture as subjective, malleable, and enabling of protest, as being mobilized by the powerless to challenge structure. All of these have been described as being opposite of the political structure model, but should not be. Culture shapes our perception of reality and therefore our behavior, which in turn shapes social movements. Aspects of culture such as collective memory, perception of state repressive capacity and legitimacy, and personal identity give form to collective action. Culture helps activists to discern possible strategies for mobilization, e.g. what strategies would be socially acceptable or not (Polletta in Goodwin & Jasper 2004, 97-109).

A James Jasper talk:

A Peaceful Handover of the Presidency in Nigeria


This month’s Presidential election in Nigeria, in which Mammadu Buhari defeated sitting President Good Jonathan, showed the best of what Nigeria can achieve. After his PDP party had been in office 16 years, Jonathan publicly conceded defeat to Buhari, offering to Nigerian a rare peaceful transition of Presidential power.   Much of the world had been anticipating post-election violence in reaction to Buhari’s victory amid allegations of election fraud.

Not to detract from Nigeria’s accomplishment, but there were certainly conditions in place conducive to a non-violent concession of power. First, Nigerians tend to vote along ethnic lines, and Jonathan is an Ijaw, the fourth largest ethnic group in the country, and so there is not a critical mass of Ijaw voters to defend his rule.  Second, Jonathan came to office in the first place because President Yar’Adua died in office, so some felt Jonathan lacked legitimacy as President to begin with (although he won his 2010 election, which included defeating Buhari). Third, Jonathan’s Presidency had upset the agreed upon alternating Presidencies between Christians and Muslims since he filled in for a Muslim President. Some northerners felt it was a Muslim’s turn to be in office. Buhari was already in office for 20 months in the 1980s as a military ruler, so his victory is certainly not a story of a new candidate coming out of nowhere and unseating an elected President peacefully, which would be a fair grander tale. Lastly, Buhari’s victory was clear, as he gained the votes of 21 states over Jonathan’s 15, demonstrating a clear and difficult-to-contest victory. Let’s hope the well wishes last until Buhari takes office on May 29.


Postponement of Elections Hurts Democracy in Nigeria

Nigerians were supposed to go to the polls on Saturday for their Presidential election. However, the election was postponed by Jonathan’s ruling People’s Democratic Party (PDP) to purportedly focus its attention on defeating Boko Haram. The election is now scheduled for March 28, but an extra six weeks hardly seems to be enough to time to help end religious terrorism in the North. Those critical of the postponement are right to point out that the PDP is just securing more time to rally campaign resources. The party was unprepared for the rise in popularity of the opposing candidate, former 1980’s ruler General Muhammadu Buhari, and his party, the All Progressives Congress (APC).

Former President Obasanjo was incensed enough by the decision that he tore up his PDP membership card in public today. This was a major blow to the party since he has been one of their ardent supporters since the party took power 15 years ago. The PDP itself is now suffering from its misstep, as party leaders are obviously divided.

The largest tragedy of the postponement is that it is a symbolic win for Boko Haram. As an Islamic fundamentalist group, it is opposed to elections and the democratic system as a whole. Following through with the elections would have been the move necessary to show the group that democracies do no kowtow to terrorist threats. It is further troubling because through Nigerian’s postcolonial history of over a dozen military coups, postponement of elections has been part and parcel of leaders’ attempts to maintain power in the face of a potential defeat at the polls. Many of us had hoped that period had ended with the transition to “democracy” in 1999, but Jonathan’s move is a worrisome step back in that direction.

election postponement

Text of the Ogoni Bill of Rights

Ogoniland Seal

Since this blog discussed the Ogoni oil struggle in-depth last year, it seemed prudent to post the text of the 1990 Ogoni Bill of Rights. It was well-known among the Ogonis when Ken Saro-Wiwa presented it to the Nigerian Government, and is often mentioned in conversations today.  Although it holds no legal weight, it retains immense symbolic power and Ogonis mentioned it frequently to me during my field work.  It called for greater autonomy in the form political control of Ogoni affairs by Ogoni people, greater federal representation, and control and use of a fair proportion of Ogoni economic resources, e.g. oil, for Ogoni development.


WITH AN APPEAL TO THE INTERNATIONAL COMMUNITY by The Movement for the Survival of the Ogoni People (MOSOP), December, 1991


In August 1990 the Chiefs and people of Ogoni in Nigeria met to sign one of  the most important declarations to come out of Africa in recent times: the Ogoni Bill of Rights By the Bill, the Ogoni people, while underlining their loyalty to the Nigerian nation, laid claim as a people to their independence which British colonialism had first violated and then handed over to some other Nigerian ethnic groups in October 1960.

The Bill of Rights presented to the Government and people of Nigeria called for political control of Ogoni affairs by Ogoni people, control and use of Ogoni economic resources for Ogoni development, adequate and direct representation as of right for Ogoni people in all Nigerian national institutions and the right to protect the Ogoni environment and ecology from further degradation.

These rights which should have reverted to the Ogoni after the termination of British rule, have been usurped in the past thirty years by the majority ethnic groups of Nigeria. They have not only been usurped; they have been misused and abused, turning Nigeria into a hell on earth for the Ogoni and similar ethnic minorities. Thirty years of Nigerian independence has done no more than outline the wretched quality of the leadership of the Nigerian majority ethnic groups and their cruelty as they have plunged the nation into ethnic strife, carnage, war, dictatorship, retrogression and the greatest waste of national resources ever witnessed in world history, turning generations of Nigerians, born and unborn into perpetual debtors.

The Ogoni Bill of Rights rejects once and for all this incompetent indigenous colonialism and calls for a new order in Nigeria, an order in which each ethnic group will have full responsibility for its own affairs and competition between the various peoples of Nigeria will be fair, thus ushering in a new era of peaceful co-existence, co-operation and national progress.

This is the path which has been chosen by the European tribes in the European Community, and by the Russians and their neighbours in the new Commonwealth which they are now fashioning. The Yugoslav tribes are being forced into similar ways. The lesson is that high fences make good neighbours. The Ogoni people are therefore in the mainstream of international thought.

It is well known that since the issuance of the Bill of Rights the Babangida administration has continued in the reactionary ways of all the military rulers of Nigeria from Ironsi through Gowon, Obasanjo and Buhari, seeking to turn Nigeria into a unitary state against the wishes of the Nigerian peoples and trends in world history. The split of the country into 30 states and 600 local governments in 1991 is a waste of resources, a veritable exercise in futility. It is a further attempt to transfer the seized resources of the Ogoni and other minority groups in the delta to the majority ethnic groups of the country. Without oil, these states and local governments will not exist for one day longer.

The import of the creation of these states is that the Ogoni and other minority groups will continue to be slaves of the majority ethnic groups. It is a gross abuse of human rights, a notable undemocratic act which flies in the face of modern history. The Ogoni people are right to reject it. While they are willing, for the reasons of Africa, to share their resources with other Africans, they insist that it must be on the principles of mutuality, of fairness, of equity and justice.

It has been assumed that because the Ogoni are few in number, they can be abused and denied their rights and that their environment can be destroyed without compunction. This has been the received wisdom of Nigeria according to military dictatorships. 1992 will put paid to this as the Ogoni put their case to the international community.

It is the intention of the Ogoni people to draw the attention of the American government and people to the fact that the oil which they buy from Nigeria is stolen property and that it is against American law to receive stolen goods.

The Ogoni people will be telling the European Community that their demand of the Yugoslav tribes that they respect human rights and democracy should also apply to Nigeria and that they should not wait for Nigeria to burst into ethnic strife and carnage before enjoining these civilized values on a Nigeria which depends on European investment, technology and credit.

The Ogoni people will be appealing to the British Government and the leaders of the Commonwealth who have urged on Commonwealth countries the virtues of good government, democracy, human rights and environmental protection that no government can be good if it imposes and operates laws which cheat a section of its peoples; that democracy does not exist where laws do not protect minorities and that the environment of the Ogoni and other delta minorities has been ruined beyond repair by multi-national oil companies under the protection of successive Nigerian administrations run by Nigerians of the majority ethnic groups.

The Ogoni people will make representation to the World Bank and the International Monetary Fund to the effect that giving loans and credit to the Nigerian Government on the understanding that oil money will be used to repay such loans is to encourage the Nigerian government to continue to dehumanise the Ogoni people and to devastate the environment and ecology of the Ogoni and other delta minorities among whom oil is found.

The Ogoni people will inform the United Nations and the Organisation of African Unity that the Nigerian Constitution and the actions of the power elite in Nigeria flagrantly violate the UN Declaration of Human Rights and the African Charter of Human and Peoples Rights; and that Nigeria in 1992 is no different from Apartheid South Africa. The Ogoni people will ask that Nigeria be duly chastised by both organizations for its inhuman actions and uncivilized behaviour. And if Nigeria persists in its perversity, then it should be expelled form both organizations.

These actions of the Ogoni people aim at the restoration of the inalienable rights of the Ogoni people as a distinct ethnic community in Nigeria, and at the establishment of a democratic Nigeria, a progressive multi-ethnic nation, a realistic society of equals, a just nation.

What the Ogoni demand for themselves, namely autonomy, they also ask for others throughout Nigeria and, indeed, the continent of Africa.

It is their hope that the international community will respond to these demands as they have done to similar demands in other parts of the world.

Ken Saro-Wiwa
Port Harcourt 24/12/91


President of the Movement for the Survival of Ogoni People (MOSOP)

1. The Ogoni case is of genocide being committed in the dying years of the twentieth century by multi-national oil companies under the supervision of the Government of the Federal Republic of Nigeria. It is that of a distinct ethnic minority in Nigeria who feel so suffocated by existing political, economic and social conditions in Nigeria that they have no choice but to cry out to the international community for salvation.

2. The Ogoni are a distinct ethnic group inhabiting the coastal plains terraces to the north- east of the Niger delta. On account of the hitherto very rich plateau soil, the people are mainly subsistence farmers but they also engage in migrant and nomadic fishing. They occupy an area of about 400 square miles and number an estimated 500,000. The population density of about 1,250 persons per square mile is among the highest in any rural area in the world and compares with the Nigerian national average of 300. The obvious problem is the pressure on land.

3. Petroleum was discovered in Ogoni at Bomu (Dere) in 1958; since then an estimated US 100 billion dollars worth of oil has been carted away from Ogoniland. In return for this, the Ogoni have no pipe-borne water, no electricity, very few roads, ill-equipped schools and hospitals and no industry whatsoever.

4. Ogoni has suffered and continues to suffer the degrading effects of oil exploration and exploitation: lands, streams and creeks are totally and continually polluted; the atmosphere is for ever charged with hydrocarbons, carbon monoxide and carbon dioxide; many villages experience the infernal quaking of the wrath of gas flares which have been burning 24 hours a day for 33 years; acid rain, oil spillages and blowouts are common. The result of such unchecked environmental pollution and degradation are that (i) The Ogoni can no longer farm successfully. Once the food basket of the eastern Niger Delta, the Ogoni now buy food (when they can afford it); (ii) Fish, once a common source of protein, is now rare. Owing to the constant and continual pollution of our streams and creeks, fish can only be caught in deeper and offshore waters for which the Ogoni are not equipped. (iii) All wildlife is dead. (iv) The ecology is changing fast. The mangrove tree, the aerial roots of which normally provide a natural and welcome habitat for many a sea food – crabs, periwinkles, mudskippers, cockles, mussels, shrimps and all – is now being gradually replaced by unknown and otherwise useless plams. (v) The health hazards generated by an atmosphere charged with hydrocarbon vapour, carbon monoxide and carbon dioxide are innumerable.

5. The once beautiful Ogoni countryside is no more a source of fresh air and green vegetation. All one sees and feels around is death. Death is everywhere in Ogoni. Ogoni languages are dying; Ogoni culture is dying; Ogoni people, Ogoni animals, Ogoni fishes are dying because of 33 years of hazardous environmental pollution and resulting food scarcity. In spite of an alarming density of population, American and British oil companies greedily encroach on more and more Ogoni land, depriving the peasants of their only means of livelihood. Mining rents and royalties for Ogoni oil are seized by the Federal Government of Nigeria which offers the Ogoni people NOTHING in return. Ogoni is being killed so that Nigeria can live.

6. Politically, the Ogoni are being ground to the dust under dictatorial decrees imposed by successive military regimes in Nigeria and laws smuggled by military dictatorships into the Nigerian Constitution which Constitution does not protect ethnic minorities and which today bears no resemblance whatsoever to the covenant entered into by the federating Nigerian ethnic groups at Independence.

7. Ethnicity is a fact of Nigerian life. Nigeria is a federation of ethnic groups. In practice, however, ethnocentrism is the order of the day in the country. The rights and resources of the Ogoni have been usurped by the majority ethnic groups and the Ogoni consigned to slavery and possible extinction. The Ogoni people reject the current political and administrative structuring of Nigeria imposed by the Military Government. They believe with Obafemi Awolowo that in a true federation, each ethnic gourp, no matter how small is entitled to the same treatment as any other ethnic group, no matter how large.

8. The Ogoni people therefore demand POLITICAL AUTONOMY as a distinct and separate unit of the Nigerian federation – autonomy which will guarantee them certain basic rights essential to their survival as a people. This demand has been spelt out in the Ogoni Bill of Rights. The Ogoni people stand by the Bill and now appeal to the international community, as a last resort, to save them from extinction.

(Sgd) Dr. G.B. Leton
President, Movement for the Survival of Ogoni People (MOSOP)


We, the people of Ogoni (Babbe, Gokana, Ken Khana, Nyo Khana and Tai) numbering about 500,000 being a separate and distinct ethnic nationality within the Federal Republic of Nigeria, wish to draw the attention of the Governments and people of Nigeria to the undermentioned facts:

1. That the Ogoni people, before the advent of British colonialism, were not conquered or colonized by any other ethnic group in present-day Nigeria.

2.  That British colonization forced us into the administrative division of Opobo from 1908 to 1947.

3.  That we protested against this forced union until the Ogoni Native Authority was created in 1947 and placed under the then Rivers Province.

4.  That in 1951 we were forcibly included in the Eastern Region of Nigeria where we suffered utter neglect.

5.  That we protested against this neglect by voting against the party in power in the Region in 1957, and against the forced union by testimony before the Willink Commission of Inquiry into Minority Fears in 1958.

6.  That this protest led to the inclusion of our nationality in Rivers State in 1967, which State consists of several ethnic nationalities with differing cultures, languages and aspirations.

7.  That oil was struck and produced in commercial quantities on our land in 1958 at K. Dere (Bomu oilfield).

8.  That oil has been mined on our land since 1958 to this day from the following oilfields: (i) Bomu (ii) Bodo West (iii) Tai (iv) Korokoro (v) Yorla (vi) Lubara Creek and (vii) Afam by Shell Petroleum Development Company (Nigeria) Limited.

9.  That in over 30 years of oil mining, the Ogoni nationality have provided the Nigerian nation with a total revenue estimated at over 40 billion Naira (N40 billion) or 30 billion dollars.

10. That in return for the above contribution, the Ogoni people have received NOTHING.

11. That today, the Ogoni people have:

(i)   No representation whatsoever in ALL institutions of the Federal Government of Nigeria.

(ii)  No pipe-borne water.

(iii) No electricity.

(iv) No job opportunities for the citizens in Federal, State, public sector or private sector companies.

(v) No social or economic project of the Federal Government.

12. That the Ogoni languages of Gokana and Khana are underdeveloped and are about to disappear, whereas other Nigerian languages are being forced on us.

13. That the Ethnic policies of successive Federal and State Governments are gradually pushing the Ogoni people to slavery and possible extinction.

14. That the Shell Petroleum Development Company of Nigeria Limited does not employ Ogoni people at a meaningful or any level at all, in defiance of the Federal government s regulations.

15. That the search for oil has caused severe land and food shortages in Ogoni one of the most densely populated areas of Africa (average: 1,500 per square mile; national average: 300 per square mile).

16. That neglectful environmental pollution laws and substandard inspection techniques of the Federal authorities have led to the complete degradation of the Ogoni environment, turning our homeland into an ecological disaster.

17. That the Ogoni people lack education, health and other social facilities.

18. That it is intolerable that one of the richest areas of Nigeria should wallow in abject poverty and destitution.

19. That successive Federal administrations have trampled on every minority right enshrined in the Nigerian Constitution to the detriment of the Ogoni and have by administrative structuring and other noxious acts transferred Ogoni wealth exclusively to other parts of the Republic.

20. That the Ogoni people wish to manage their own affairs.

NOW, therefore, while reaffirming our wish to remain a part of the Federal Republic of Nigeria, we make demand upon the Republic as follows:

That the Ogoni people be granted POLITICAL AUTONOMY to participate in the affairs of the Republic as a distinct and separate unit by whatever name called, provided that this Autonomy guarantees the following:

(i)   Political control of Ogoni affairs by Ogoni people.

(ii) The right to the control and use of a fair proportion of OGONI economic resources for Ogoni development.

(iii) Adequate and direct representation as of right in all Nigerian national institutions.

(iv) The use and development of Ogoni languages in all Nigerian territory.

(v)  The full development of Ogoni culture.

(vi) The right to religious freedom.

(vii) The right to protect the OGONI environment and ecology from further degradation.

We make the above demand in the knowledge that it does not deny any other ethnic group in the Nigerian Federation of their rights and that it can only conduce to peace, justice and fairplay and hence stability and progress in the Nigerian nation.

We make the demand in the belief that, as Obafemi Awolowo has written: In a true federation, each ethnic group no matter how small, is entitled to the same treatment as any other ethnic group, no matter how large.

We demand these rights as equal members of the Nigerian Federation who contribute and have contributed to the growth of the Federation and have a right to expect full returns from that Federation.

Adopted by general acclaim of the Ogoni people on the 26th day of August, 1990 at Bori, Rivers State and signed by: (see under). 


We, the people of Ogoni, being a separate and distinct ethnic nationality within the Federal Republic of Nigeria, hereby state as follows:

(a) That on October 2, 1990 we addressed an Ogoni Bill of Rights to the President of the Federal Republic of Nigeria, General Ibrahim Babangida and members of the Armed Forces Ruling Council;

(b)  That after a one-year wait, the President has been unable to grant us the audience which we sought to have with him in order to discuss the legitimate demands contained in the Ogoni Bill of Rights;

(c) That our demands as outlined in the Ogoni Bill of Rights are legitimate, just and our inalienable right and in accord with civilized values worldwide;

(d) That the Government of the Federal Republic has continued, since October 2, 1990, to decree measures and implement policies which further marginalize the Ogoni people, denying us political autonomy, our rights to our resources, to the development of our languages and culture, to adequate representation as of right in all Nigerian national institutions and to the protection of our environment and ecology from further degradation;

(e) That we cannot sit idly by while we are, as a people, dehumanized and slowly exterminated and driven to extinction even as our rich resources are siphoned off to the exclusive comfort and improvement of other Nigerian communities, and the shareholders of multi-national oil companies.

Now therefore, while re-affirming our wish to remain a part of the Federal Republic of Nigeria, we hereby authorize the Movement for the Survival of Ogoni People (MOSOP) to make representation, for as long as these injustices continue, to the United Nations Commission on Human Rights, the Commonwealth Secretariat, the African Commission on Human and Peoples rights, the European Community and all international bodies which have a role to play in the preservation of our nationality, as follows:

1.  That the Government of the Federal Republic of Nigeria has, in utter disregard and contempt for human rights, since independence in 1960 till date, denied us our political rights to self-determination, economic rights to our resources, cultural rights to the development of our languages and culture, and social rights to education, health and adequate housing and to representation as of right in national institutions;

2.  That, in particular, the Federal Republic of Nigeria has refused to pay us oil royalties and mining rents amounting to an estimated 20 billion US dollars for petroleum mined from our soil for over thirty-three years;

3.  That the Constitution of the Federal Republic of Nigeria does not protect any of our rights whatsoever as an ethnic minority of 500,000 in a nation of about 100 million people and that the voting power and military might of the majority ethnic groups have been used remorselessly against us at every point in time;

4. That multi-national oil companies, namely Shell (Dutch/British) and Chevron (American) have severally and jointly devastated our environment and ecology, having flared gas in our villages for 33 years and caused oil spillages, blow-outs etc., and have dehumanised our people, denying them employment and those benefits which industrial organizations in Europe and America routinely contribute to their areas of operation;

5.  That the Nigerian elite (bureaucratic, military, industrial and academic) have turned a blind eye and a deaf ear to these acts of dehumanisation by the ethnic majority and have colluded with all the agents of destruction aimed at us;

6.  That we cannot seek restitution in the courts of law in Nigeria as the act of expropriation of our rights and resources has been institutionalised in the 1979 and 1989 Constitutions of the Federal Republic of Nigeria, which Constitutions were acts of a Constituent Assembly imposed by a military regime and do not , in any way, protect minority rights or bear resemblance to the tacit agreement made at Nigerian independence.

7.  That the Ogoni people abjure violence in their just struggle for their rights within the Federal Republic of Nigeria but will, through every lawful means, and for as long as is necessary, fight for social justice and equity for themselves and their progeny, and in particular demand political autonomy as a distinct and separate unit within the Nigerian nation with full right to (i) control Ogoni political affairs, (ii) use at least fifty per cent of Ogoni economic resources for Ogoni development; (iii) protect the Ogoni environment and ecology from further degradation; (iv) ensure the full restitution of the harm done to the health of our people by the flaring of gas, oil spillages, oil blow- outs, etc. by the following oil companies: Shell, Chevron and their Nigerian accomplices.

8.  That without the intervention of the international community the Government of the Federal Republic of Nigeria and the ethnic majority will continue these noxious policies until the Ogoni people are obliterated from the face of the earth.

Adopted by general acclaim of the Ogoni people on the 26th day of August 1991 at Bori, Rivers State of Nigeria.

Signed on behalf of the Ogoni people by:


HRH Mark Tsaro-Igbara, Gbenemene Babbe; HRH F.M.K. Noryaa, Menebua, Ka-Babbe; Chief M.A.M. Tornwe III, JP; Prince J.S. Sangha; Dr. Israel Kue; Chief A.M.N. Gua.


HRH James P. Bagia, Gberesako XI, Gberemene Gokana; Chief E.N. Kobani, JP Tonsimene Gokana; Dr. B.N. Birabi; Chief Kemte Giadom, JP; Chief S.N. Orage.


HRH M.H.S. Eguru, Gbenemene Ken-Khana; HRH C.B.S. Nwikina, Emah III, Menebua Bom; Mr. M.C. Daanwii; Chief T.N. Nwieke; Mr. Ken Saro-wiwa; Mr. Simeon Idemyor.


HRH W.Z.P. Nzidee, Genemene Baa I of Nyo-Khana; Dr. G.B. Leton, OON, JP; Mr. Lekue Lah-Loolo; Mr. L.E. Mwara; Chief E.A. Apenu; Pastor M.P. Maeba. TAI: HRH B.A. Mballey, Gbenemene Tai; HRH G.N. Gininwa, Menebua Tua Tua; Chief J.S. Agbara; Chief D.J.K. Kumbe; Chief Fred Gwezia; HRH A. Demor-Kanni, Meneba Nonwa.


1. Prevail on the American Government to stop buying Nigerian oil. It is stolen property.

2.   Prevail on Shell and Chevron to stop flaring gas in Ogoni.

3.  Prevail on the Federal Government of Nigeria to honour the rights of the Ogoni people to self-determination and AUTONOMY.

4.  Prevail on the Federal Government of Nigeria to pay all royalties and mining rents collected on oil mined from Ogoni since 1958.

5.  Prevail on the World Bank and the International Monetary Fund to stop giving loans to the Federal Government of Nigeria; all loans which depend for their repayment on the exploitation of Ogoni oil resources.

6.  Send urgent medical and other aid to the Ogoni people.

7.  Prevail on the United Nations, the Organisation of African Unity and the Commonwealth of Nations to either get the Federal Government of Nigeria to obey the rules and mores of these organisations, face sanctions or be expelled from them.

8.  Prevail on European and American Governments to stop giving aid and credit to the Federal Government of Nigeria as aid and credit only go to encourage the further dehumanisation of the Ogoni people.

9.  Prevail on European and American Governments to grant political refugee status to all Ogoni people seeking protection from the political persecution and genocide at the hands of the Federal Government of Nigeria.

10. Prevail on Shell and Chevron to pay compensation to the Ogoni People for ruining the Ogoni environment and the health of Ogoni men, women and children.

-This text was taken from the MOSOP website

The Kioble case is dismissed in the Supreme Court

In a unanimous ruling this past Wednesday, the U.S. Supreme Court dismissed the Kiobel case against Shell in Nigeria. The Kiobel case was filed by Esther Kiobel, the wife of a former activist, and alleges that Shell collaborated with the Abacha regime to violently suppress oil reform activities in the 1990’s.  The case brings claims for extrajudicial killing, torture, crimes against humanity, and prolonged arbitrary arrest and detention.

CorpsWatch argues that the ruling effectively blocks other lawsuits against foreign multinationals for human rights abuse that have occurred overseas from being brought in U.S. courts. Kiobel v. Royal Dutch Petroleum Co. (Shell) was brought under the Alien Tort Statute (ATS), a U.S. law dating back to 1789, originally designed to combat piracy on the high seas – that has been used during the last 30 years as a vehicle to bring international law violations cases to U.S. federal courts.

Lawyers began using ATS as a tool in human rights litigation in 1979, when the family of 17-year-old Joel Filartiga, who was tortured and killed in Paraguay, sued the Paraguayan police chief responsible. Filartiga v. Peña-Irala set a precedent for U.S. federal courts to punish non-U.S. citizens for acts committed outside the U.S. that violate international law or treaties to which the U.S. is a party. Almost 100 cases of international (often state-sanctioned) torture, rape and murder have been brought to U.S. federal courts to date under the ATS. The new ruling limits the law to U.S citizens and entities.

“Corporations are often present in many countries and it would reach too far to say mere corporate presence suffices,” wrote John Roberts, the chief justice of the Supreme Court, in the majority opinion. “There is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms.” Stephen Breyer, another of the nine judges, agreed with Roberts in the decision but left the door open for some lawsuits. “I would find jurisdiction under this statute where (1) the alleged tort occurs on American soil, (2) the defendant is an American national, or (3) the defendant’s conduct substantially  and adversely affects an important American national interest,” wrote Breyer in a separate legal opinion. “(T)hat includes a distinct interest in preventing the United States from becoming a safe harbor (free of civil as well as criminal liability) for a torturer or other common enemy of mankind.” Shell – in Breyer’s opinion – did not qualify as a U.S. entity. “The defendants are two foreign corporations. Their shares, like those of many foreign corporations, are traded on the New York Stock Exchange,” Breyer wrote. “Their only presence in the United States consists of an office in New York City (actually owned by a separate but affiliated company) that helps to explain their business to potential investors.”

Other such cases have been filed against Chiquita and Halliburton. Chiquita was sued by surviving victims of brutal massacres waged by right-wing paramilitary squads in Colombia. The paramilitary, who killed thousands of civilians during Colombia’s dirty war of the 1980s and 1990s, were on Chiquita’s payroll in the 1990s. Now-U.S. Attorney General Eric Holder defended Chiquita in the case and won a plea bargain for them of $25 million and five years of probation. Kellogg, Brown and Root, a former subsidiary of Halliburton, has also been sued under the ATS for allegedly trafficking 13 men from Nepal to Iraq against their will to work on U.S. military bases. The men, 12 of whom were killed, believed they were going to work at hotels in Jordan and elsewhere.

The Obama administration backed Shell last June after abruptly changing sides. In its submission the Justice Department urged the Supreme Court to dismiss the suit against Shell. The brief’s authors stated that the ATS was not appropriate for Kiobel or other lawsuits involving foreign corporations accused of collaborating in human rights abuses with a foreign government outside U.S. territory. U.S. courts “should not create a cause of action that challenges the actions of a foreign sovereign in its own territory, where the [sued party] is a foreign corporation of a third country that allegedly aided and abetted the foreign sovereign’s conduct,” the Justice Department wrote.

Many activists say that the decision will set back human rights causes. “This decision so severely limited a law that has for decades been a beacon of hope for victims of gross human rights violations,” says Elisa Massimino, president of Human Rights First, a New York based NGO. “Abusers may be rejoicing today, but this is a major setback for their victims, who often look to the United States for justice when all else fails.  Now what will they do?” However, other lawyers drew a measure of hope from the fact that the Supreme Court decision did not exclude all lawsuits against multinationals overseas in U.S. courts.


Military Recruitment, Casualties, and Public Opinion

Originally posted on Mobilizing Ideas:

International Studies Quarterly just published Yagil Levy‘s most recent work on the reshaping of military conflict due to democracy, technology, and now protest.  I have posted elsewhere about his work on casualty aversion due to the intersection of democracy and technology (and also on related work by Jonathan Caverley).  This piece, titled “How Military Recruitment Affects Collective Action and its Outcomes” [gated] explores the impact of military recruitment on a public’s willingness to “absorb” casualties among its soldiers during military conflict.  In other words, Levy wants to know the extent to which recruitment impacts the collective action opportunities of those who would (de)mobilize public opinion in democracies regarding casualties, and thereby support for the war.

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Remarks on social services in the Niger Delta

A newborn in the Niger Delta

A newborn in the Niger Delta


An NGO researcher just conducted an interview with me regarding the state of service delivery, i.e. social and government services, in the Niger Delta. Below are a few of the transcribed questions and answers.


1. How would you describe the current state of service delivery[1] for most communities in the Niger Delta? 

Service delivery is non-existent in most areas, and sporadic or haphazard in the remaining ones.  I think that part of the reason communities so often look to oil companies to offer social services and build basic infrastructure is that the state has been so wholly unable to do any of these things since independence.  It is as if communities have given up on their own government ever acting as a government should, which requires providing basic services to its population. As is common in countries with rampant corruption, projects often begin but then are abandoned because funds disappeared or there was a change in management of that project. In the Niger Delta there are half-finished bridges, classrooms without roofs, and empty hospitals that don’t even have electricity. Additionally, a lack of human capital and maintenance of services mean that as soon as any project is finished, it will only be a matter of time until it is useless because no one can perform maintenance.  It seems that almost as soon as a road is finished, poor construction materials mean that it needs to be fixed again but there is mechanism in which to have that road repaired. This lack of maintenance is an issue that only capacity-building can address.

2. Whose responsibility do you believe it is to improve service delivery in the region, e.g. government agencies like MNDA or the NDDC, or oil companies operating in the region?

It is responsibility of government agencies to improve social services.  The basis of democracy is that citizens pay taxes to their government, vote for their leaders, and then those leaders use those taxes in a responsible manner to provide necessary collective goods that improve everyone’s lives.  Because the Nigerian government can rely on oil profits rather than taxes, and corruption makes elections less meaningful, there is no accountability of state actors towards the citizenry. Part of this government duty is to monitor the behavior of private economic actors like oil companies. Although I believe staunchly in corporate responsibility, it is impossible for a corporation to fully monitor itself; by definition monitoring must come from an outside party, like a government agency.

3. What impact do you think the current state of service delivery has on peace and conflict in the Niger Delta region? 

Lack of service delivery has increased rates of poverty and negatively impacted quality of life, which gives people “nothing to lose” when it comes to engaging in violence.  It also creates a dynamic in which too many people are competing for scant social services and resources, leading to increased tensions. Poverty and lack of services drives rural dwellers into cities like Port Harcourt and Yenagoa, where they may come into conflict with residents already living there, be forced into crime out of necessity, and and don’t have kinship or community networks that would otherwise mitigate their propensity for violence.

 4. Do you think that improved service delivery would increase security in the region?

Yes. Mostly obviously, it would remove violence caused by need, in other words, conflicts over obtaining basic goods.  Additionally, it would remove the incentive for rural Nigerians to move to new areas in search of such services, thus minimizing the conflict that occurs among internally displaces populations and between new urban dwellers and older ones.

[1] “Service delivery” means the quality and availability of essential services, such as health care, primary education,  and basic infrastructure such as reliable access to water, electricity, and road networks.

Reports | National Reports | Africa | Nigeria | Human Development Reports (HDR) | United Nations Development Programme (UNDP)

Reports | National Reports | Africa | Nigeria | Human Development Reports (HDR) | United Nations Development Programme (UNDP).