CIAO DATE: 12/2012
Volume: 4, Issue: 2
Spring 2011
Amending the Constitution of the Federal Republic of Nigeria 1999
Nat Ofo
The amendment of the Constitution of the Federal Republic of Nigeria 1999 has not been free of controversies. The latest controversy dogging the amendment relates to whether or not it is necessary for the President to assent to the Bill of the National Assembly amending the Constitution, even after the amendment has been ratified by at least two-thirds of the Houses of Assembly of the States of the Federation. There are two schools of thought on this issue; each with sound arguments in support of their respective position. A dispassionate and realistic consideration of the issue has been undertaken in this article. The conclusion is reached that the provision of the constitution dealing with its amendment is not free from ambiguity. Its lack of clarity on its amendment procedure has made it obviously in dire need of amendment. Consequently, necessary suggestions on how to resolve the issues, including the amendment of the amendment-provision of the constitution have been proffered.
Minorities in Postcolonial Transitions: The Ndebele in Zimbabwe
Khanyisela Moyo
This article argues that there is a legal and political basis for attending to concerns of ethnic minorities in postcolonial transitions. If left unattended, this issue may prompt members of minority groups to resort to preservative measures, including violence to the detriment of the security which is a fundamental objective of the transition. This reaction is often generated by an axiomatic fear of assimilation. The case of the Ndebele of Zimbabwe illustrates this. The article’s position is confirmed by post-colonial state practice that implements minority rights and accords affected groups a right to self-determination or autonomy in tandem with liberal democratic reforms.
Corruption and the Rule of Law in Sub-Saharan Africa
Stuart S. Yeh
The World Bank and IMF attribute underdevelopment in sub-Saharan Africa to the practice of directing economic activity through centralized planning. They prescribe privatization and economic liberalization to restructure African economies, promote competition, reduce the scope for corruption, and promote good governance. However, inadequate checks on political power permit African elites to subvert these reforms. This article reviews the political economy of sub-Saharan countries as well as a case study of Sierra Leone to illustrate the problem. The analysis suggests the need for an international agency such as the UN to provide the capacity to investigate, expose and check corruption by employing UN inspectors who are immune to pressure from powerful African elites. This type of check on corruption is necessary to promote the rule of law in sub-Saharan Africa.
Preventing and Responding to Atrocity Crimes in Africa: Interrogating the African Response in Darfur
Vincent O. Nmehielle
There has been much scholarly and public debate regarding whether the ongoing atrocities in Darfur constitute “genocide”. This article posits that, irrespective of the description given to the mass atrocities taking place in the Sudan, there needs to be a more formidable response and intervention by the world community. As part of this, the author examines the African Union (AU) engagement with the Darfur crisis, within the context of Sudan’s membership in the AU. Contending that Darfur is the first litmus test of how the AU is different from its predecessor, the Organization of African Unity, he argues that Darfuris would only realize the benefits of the new regional body if perpetrators of egregious human rights violations are brought to justice.