Ben Oloko has posted The Right to Life in Full: Towards A Holistic Conception of the Right to Life, Livelihood and Adequate Standard of Living in Nigeria on SSRN. Here is the abstract:
The right to life occupies a pre-eminent position in the hierarchy of human rights. Without life, the enjoyment of all other rights becomes impossible. Yet, despite its centrality, constitutional and judicial understanding of the right to life in Nigeria has remained remarkably narrow. The prevailing approach treats the right principally as a guarantee against arbitrary deprivation of life by the State or private individuals. Such an interpretation, though important, fails to capture the broader social, economic and material conditions necessary for meaningful human existence. The consequence is that millions of Nigerians may remain technically alive while being deprived of the basic necessities required to sustain life in dignity.
This article argues that the right to life under section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ought to be interpreted purposively and holistically to encompass the rights to livelihood, food, shelter, healthcare and an adequate standard of living. Drawing from comparative constitutional jurisprudence, international human rights law, and emerging trends in Nigerian judicial decisions, the article contends that the traditional distinction between civil and political rights on the one hand and socioeconomic rights on the other has become increasingly artificial and unsustainable. The article further examines the implications of contemporary economic reforms, sovereign borrowing practices and public expenditure priorities for the enjoyment of the right to life in Nigeria. It argues that where governmental policies foreseeably produce widespread hunger, destitution and deprivation without adequate social safeguards, such policies may raise serious constitutional and human rights concerns. Ultimately, the article advocates a transformative approach to constitutional interpretation capable of ensuring that the right to life is understood not merely as a right against death, but as a right to live in conditions consistent with human dignity.
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