THE RULE OF LAW AND NATIONAL DEVELOPMENT

PROF. YEMI OSINBAJO SAN

The Rule of Law and National Development- Definitions

•I will not go into any formal definitions of ‘Rule of Law’ or ‘National Development’.•I will simply describe them by their OBJECTIVES

‘National Development’- Objectives•The main objective of National Development should be the provision of a DECENT, HEALTHY AND SAFE existence for the Nation’s peoples.

‘Rule of Law’- Objectives

•The objective of Rule of Law is to ensure the OBSERVANCE and FUFILMENT of the Fundamental Rights of the people.

Rule of Law- Objectives

•Rule of Law should ensure:Equality before the lawAccess to justiceThat government will be bound by law and order

Rule of Law- Objectives

•The role of law is to secure ‘Human Rights’, ‘Justice’ and ‘Law and Order’.

Nigeria- The Peculiar Challenge.

How can the Rule of Law enhance development in a poor society?

Nigeria- The Peculiar Challenge•Current figures show that over 70% of Nigerians are desperately poor- 112 million of our 150 million population live in extreme poverty.

POVERTY- ITS MANY FACES NO HEALTH CARE•For millions, health care is a

National emergency. Over 3 million children have died since 2009 of various ailments and diseases. More than all the deaths in the Nigerian civil war and the Syrian war (so far) put together!

POVERTY- ITS MANY FACES NO HEALTH CARE•50,000 women die yearly of maternal-related ailments.•Diarrehea alone kills 194,000 Nigerian children every year!•Malaria kills another 300,000 Nigerians yearly- mostly the poor.

POVERTY- ITS MANY FACES UNEMPLOYMENT• The CBN recently confirmed that 80%

of Nigerian Youths are unemployed.•General Unemployment is put

conservatively at about 25% of the population.

19 Young Nigerians died in the stampede for immigration jobs when 600,000 individuals applied for 5,000 jobs

POVERTY- ITS MANY FACES HOMELESSNESS•24 Million Nigerians are currently homeless.

POVERTY- ITS MANY FACES LACK OF EDUCATION AND ILLITERACY•24.5 million Nigerian children are out of school in 2014!•2/3 of girls between ages 15-19 are illiterate•70% of women between ages 22-29 can neither read nor write

THE CONUNDRUM

•How can we speak of the Right to Life when:

Millions lack access to health care?

80% of young people are jobless

THE CONUNDRUM

•How can we speak of access to justice or equality before the law when an aggrieved person cannot afford to eat let alone pay legal fees or pay a lawyer?

THE CONUNDRUM

•How can we speak of the right to freedom of expression when a large number of our citizens cannot read or write?•2/3 of girls between ages 15-19 and 70% of women between ages 22-29 cannot read and write in 2014!

THE CONUNDRUM

•How can we speak of the Right to Vote when so many can neither read nor write or even, in many cases, understand the issues?

THE CONUNDRUM

• How can the desperately poor, illiterate and homeless hold the government accountable under the law.

Another issue is CORRUPTION GRAND CORRUPTION•Nigeria is now experiencing the phenomenon of the ‘corrupted society’- not just ‘Corrupt’ but ‘Corrupted’•Nigeria has become a society where corrupt behaviour is the accepted norm in the public and private sectors.

GRAND CORRUPTION

• Integrity in government or business relationship is an exception.• In the past two years, the sheer number of scandals and the figures involved have been mind-numbing.

GRAND CORRUPTION

•NGN20.8 Billion unaccounted for- former CBN governor•The senate has been struggling to investigate the story of the oil minister spending NGN 10 billion on maintaining a private jet. (NGN 10 billion is also 4 months allocation for one state in Nigeria)

GRAND CORRUPTION

• Another minister buying two cars for a quarter of a billion naira!•We might have overlooked these-but the misappropriated and stolen funds were to be spent on health care, education, job-creation, infrastructure and social security.

GRAND CORRUPTION

•Corruption is therefore largely responsible for the thousands of deaths in Nigeria, deaths caused by poverty!•Corruption is responsible for our poor infrastructures and poor health facilities.

So what can be done?

Our concept of the Rule of Law must be one that compels our government to deliver social justice.

There can be no concept of fairness or justice when the vast majority are disempowered.

We must hold our government to a Social Contract that spreads resources or Social Goods to the majority.

The Right to Education: A Social Contract•The Government must fulfill and not

just accept the notion of a Right to Education. Free primary and Secondary Education. Free tertiary education for certain disciplines, especially Teaching, Science, Technology and Engineering. •Business and entrepreneurial training in

the different educational institutions.

The Right to Health: A Social Contract•Government should, by way of a Social Contract, commit to universal health care policies.•Studies show that all Nigerians can own a health insurance cover if the 1/3 of Nigerians pay NGN500 a year and the government pays the difference!

The Right to Employment- A Social Contract• The government must accept and declare

a State of Emergency on the employment situation, especially of youths.• Osun state, one of the poorest 3 states of

the federation created, in one day, 20,000 jobs. • Today the number is now 40,000, paying a

stipend while the beneficiaries are trained in vocational and entrepreneurial skills.

The Right to Employment- A Social Contract• The Federal Government can partner with the

states to create jobs by matching each job created by the states.• Governments can encourage the privatisation

of vocational and artisanship training.• The Federal government can pay an

additional year’s allowance to Youth Corps members seeking employment while the Corps members receive free, compulsory, entrepreneurial or vocational training.

A Social Security Scheme-A Social Contract•A nation cannot ignore the elderly

poor who have no pension, the disabled poor who cannot work or the desperately poor.•The nation can afford a phased social

security scheme that gives relevant stipends to the elderly poor, the disabled and unemployable poor.

A Social Security Scheme-A Social Contract•Direct cash transfers to the poorest.•Extreme poverty in Nigeria is a lack of life in Nigeria. In other societies, including Brazil, giving small amounts of cash monthly to the poorest has helped lift millions out of poverty.

A Social Security Scheme-A Social Contract•Our government can address the need of our desperately poor by giving between 5,000-7,000 monthly on the condition that the recipients enroll their children in school and participate in immunisation programmes.

What Can be Done about Corruption?• Impunity in corruption continues because there is no consequence.•The citizenry of the nation cannot survive the crucial levels of corruption.• It is time to demand accountability from governments!

What Can be Done about Corruption?•Unless the President commits to Zero-tolerance for corruption, the war cannot even start. •The commitment of the No1 citizen is the first step!

What Can be Done about Corruption?•One of the critical waves in fighting

corruption is shifting the burden to public officials to explain their wealth.•We know that a governor earns

2million naira a month. Any amount in gross excess must warrant either an explanation or a forfeiture!