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44 Commw. L. Bull. 3 (2018)

handle is hein.journals/commwlb44 and id is 1 raw text is: Commonwealth Law Bulletin, 2018 !1 Routledge Vol. 44, No. 1, 3 25, https://doi.org/10.1080/03050718.2018.1557063 R Taylor& Francis Group Eviction process in Nigeria: the need for meaningful engagement Aisosa Isokpana* and Ebenezer Durojayeb 'Faculty of Law, University of the Western Cape, Cape Town, South Africa; b Socio-economic Rights Project, Dullah Omar Institute, Faculty of Law, University of the Western Cape, Cape Town, South Africa The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the vic- tims in a dire situation as their yearnings are hardly met. Having regard to the jurisprudence of the South African Constitutional Court on meaningful engagement, a critical evaluation of the case of Badia East eviction in Lagos, Nigeria is considered highlighting the flaws in the engagement pro- cess adopted. It is shown that the process of meaningful engagement with affected persons before an eviction occurs has the capacity to mitigate the human rights abuses that could arise from the process. 1. Introduction The adoption of the African Charter for Popular Participation in Development and Transformation was prompted by the deterioration of eco- nomic and social conditions in African countries partly due to the lack of appreciation of the role of popular participation in the development process.1 It was observed that at the heart of Africa's progress is a human-centred development that ensures the overall well-being of the people through sus- tained improvement in their living standards and the full and effective par- ticipation of the people in charting their development policies, programmes and processes and contributing to its realization.2 Achieving this requires the government to create the necessary conditions to facilitate effective popular participation in societal and economic life by opening up political process to accommodate freedom of opinions, tolerate differences, accept consensus on *Corresponding author. Email: 3508033 @myuwc.ac.za 'African Charter for Popular Participation in Development and Transformation adopted by acclamation by the participants at the International Conference on Popular Participation in the Recovery and Development Process in Africa Arusha in February 1990. The Charter largely contains recommendations on the role of governments in enhancing popular participation. The Charter also does not include sanctions for failure of governments to comply with the recommendations made in the charter. As such it largely falls in the category of soft law and not a legally binding instrument. This status does not however make it of less importance as a tool for ensuring State policies are in tandem with the will of the citizens. See Kufor KO 'The African Charter for Popular Participation in Development and Transformation: A Critical Review' (2000) 18(1) Netherlands Quarterly of Human Rights 7-22. 2Ibid 8. (C 2019 Commonwealth Secretariat

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