A/HRC/43/43/Add.1
jurisprudence of the African Commission on Human and Peoples’ Rights and the African
Court on Human and People’s Rights has protected it indirectly through cases related to
other human rights contained in the Charter, such as the right to privacy, the right to
property and peaceful enjoyment of possessions and the right to protection of the family. 6
7.
Nigeria is party to the Revised Treaty of the Economic Community of West African
States, by which the Community Court of Justice was established. Since 2005, the Court’s
jurisdiction has extended to human rights cases. 7 Numerous cases of forced evictions in
Nigeria have reached the Court based on violations of the African Charter on Human and
Peoples’ Rights.
8.
The Constitution of Nigeria provides, in section 16 (2) (d), that the State shall direct
its policy towards ensuring that suitable and adequate shelter is provided for all citizens. In
section 6 (6) (c), however, the Constitution states that the provision is not justiciable, unlike
the civil and political rights contained therein. As a result, the constitutional protection of
the right to housing has developed through other human rights, such as the prohibition
against inhumane and degrading treatment. 8
9.
National legislation that is particularly relevant for the right to housing includes the
1978 Land Use Act, the 2019 National Housing Fund Act and state-level legislation
regulating tenancy.
III. Economic growth, corruption and inequality
10.
Nigeria has the biggest economy in Africa and its gross domestic product (GDP) is
ranked twenty-ninth in the world, placing Nigeria between Austria and the United Arab
Emirates.9 Its GDP per capita (2,366 US$) is similar to that of India (2,309 US$) and higher
than that of most African countries.10
11.
However, due to extreme levels of inequality and insufficient distribution polices,
economic growth has not reduced poverty levels in Nigeria. The Brookings Institute
estimated in October 2019 that almost 95 million people (48 per cent of the population) are
living in extreme poverty (with an income of 1.9 US$ per day or less), a number that is
bigger than in any other country and growing by four persons every minute. 11 According to
World Bank data, the number of persons with a daily income of less than 1.9 US$ grew
from 57.2 million in 1992 to 84.8 million in 2009. 12 While poverty continues to grow, the
number of very wealthy persons has also increased: between 2004 and 2010, the number of
millionaires in the country rose by 44 per cent.13 Oxfam calculated in 2017 that the wealth
of the five richest Nigerians could end extreme poverty in Nigeria. 14
12.
Among the main causes of extreme inequality are: the misallocation of public
resources, a pervasive culture of corruption (an estimated 20 trillion US$ was stolen from
the treasury between 1960 and 2005 by public officials 15), the “astronomical” cost of the
public administration due to excessive staff, salaries and benefits, and, generally, the lack of
political commitment to fighting poverty. Crucially, the Nigerian tax system places the
6
7
8
9
10
11
12
13
14
15
4
Office of the United Nations High Commissioner for Human Rights (OHCHR) and UN-Habitat, “The
right to adequate housing”, fact sheet No. 21/Rev.1, p. 12.
http://prod.courtecowas.org/wp-content/uploads/2018/11/Supplementary_
Protocol_ASP.10105_ENG.pdf.
See paras. 26–30 below on forced evictions.
http://worldpopulationreview.com/countries/countries-by-gdp.
Ibid.
https://worldpoverty.io/index.html.
http://povertydata.worldbank.org/poverty/country/NGA.
www.oxfam.org/en/press-releases/wealth-five-richest-men-nigeria-could-end-extreme-povertycountry-yet-5-million-face.
Ibid.
Olusola Samuel Faboyede, Chinonye Okafor and Maxwell Prosper Onochie, “Economic and
Financial Crimes Commission (EFCC) as a strategy for managing Nigerian external reserves for
sustainable development”, IOSR Journal of Economics and Finance, Vol. 1, No. 2, pp. 48–54.
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