Abstract

It is incontrovertible that one of the significant innovation in our constitutions in recent times is the inclusion of fundamental objectives and directive principle of state policy of Nigeria. However, it is not an understatement to say that the provisions on fundamental objectives and directives principles of state policy of Nigeria as enshrined in the 1979, 1989 and 1999 constitutions of the federal republic of Nigeria (as amended) are controversial. The controversy trailing the provision is not unconnected to its non enforceability and judiciability in our law courts. People have argued that the enforceability and judiciability have made the provisions unachievable, incapable of furthering the aims of good governance and sustainable development. I beg to differ. This paper wants to argue that even though all values are enforceable in the courts of public opinion, not all values(rights) are enforceable in the law courts. Thus the non-justifiability does not make the ideals and values (rights) unachievable and unimportant. DOI : 10.7176/JPCR/40-04

Highlights

  • One of the innovations of the 1999 constitution of the federal republic of Nigeria is the inclusion of chapter II on fundamental objective and Directive principles of state policy of Nigeria(Awolowo, 2017,23)

  • According to Awolowo (2017, 25) “the provision has made critics to argue since the courts cannot enforce the directive principles as it does not create any justiciable right in favour of any individual, it should be best be suitable for the preamble of the constitution or manifesto of political parties

  • THE CONTENTS OF THE PROVISION The fundamental objectives of Nigeria as contained in Section 14 is that the Nigerian federation is conceived as a state that is based on the principles of democracy and social justice

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Summary

Introduction

One of the innovations of the 1999 constitution of the federal republic of Nigeria is the inclusion of chapter II on fundamental objective and Directive principles of state policy of Nigeria(Awolowo, 2017,23). THE CONTENTS OF THE PROVISION The fundamental objectives of Nigeria as contained in Section 14 is that the Nigerian federation is conceived as a state that is based on the principles of democracy and social justice.

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