obligations, to prevent the oil extraction industry from doing harm to the environment, livelihood and quality of life to the people of that region. 34.The Court notes that behind the thesis developed Nigeria is the principle contained social and cultural rights, being in its own mere by the Federal Republic of Constitution that the economic, policy directives, are not justiciable or enforceable. 35.But it should also be noted that the sources consideration in performing its mandate the Constitutions of Member of Law that the Court takes of protecting Human into Rights are not States, but rather the international instruments to which these States voluntarily bound themselves at the international level, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights. 36.As held by the jurisprudence of this Court, in the Ruling of 27 October 2009, SERAP v. Federal Republic of Nigeria and Universal Basic Education Commission, once the concerned right for which the protection is sought before the Court is enshrined in an international instrument that is binding on a Member State, the domestic legislation of that State cannot prevail on the international treaty or covenant, even if it is its own Constitution. 37. This view is consistent with paragraph 2, Article 5 of the International Covenant on Economic, Social and Cultural Rights which Nigeria is party to by adhesion since 29 July 1993 which provides: “No restriction upon or derogation from any of the fundamental human rights recognised or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognise such rights or that it recognises them to a lesser extent”. 38. In these circumstances, invoking lack of justiciability of the concerned right, to justify non accountability before this Court, is completely baseless. 11|Page