Non-Justiciability of Chapter Two of the 1999 Constitution: A Hindrance to Nigeria’s Development

Abstract

Before the Second World War, little or no regard was given to socio-economic rights globally. Civil and political rights were prevalent. After World War II, however, the extensive suffering and loss of life during the years of conflict prompted multilateral efforts to ensure the protection and promotion of socio-economic rights. The liberation of many colonies in Africa and Asia has espoused the cause for individual civil and political rights as well as socio-economic entitlements. After the colonial years, many countries opted for written constitution which sought to internalize the practice of democracy while also guaranteeing a set of substantive rights to their citizens. While adopting the text, provision of international instruments such as the International Convention in Civil and Political Rights (ICCPR) and the International Convention on Economic, Social and Cultural Rights were incorporated by many of these countries. Nigeria is one of the countries that adopted the above named international instruments into its Constitution. While the former sets of rights are regarded as enforceable (or Fundamental Rights), the latter set are regarded as unenforceable (or Fundamental Objectives) under the Nigerian Constitution. One major innovation of the 1979 Nigerian Constitution was the inclusion of a chapter on Fundamental Objective and Directive Principles of State Policy. Sadly, the failed attempts of democratic governance in Nigeria disrupted the 1979 Constitution that provided for socio-economic rights. When Nigeria returned to democratic rule again in 1999, it retained the Fundamental Objective chapter in the 1999 Constitution of the Federal Republic of Nigeria. The rationale for this provision is that government in developing countries have tended to be preoccupied with scant regard for political ideals as to how society can be organized and ruled to the best advantage of all. Inspite this provision however, the overwhelming majority of Nigerians have argued that social and economic rights are elusive in the constitution. It has been observed that the Nigerian government has persistently promote civil and political rights and give little or no regard to social and economic rights. With the recognition of social and economic rights under the 1999 Constitution, there is yet a growing concern about poverty, widespread unemployment, deterioration of the living conditions of the greater majority of the people and widening majority of the people and widening inequality between the rich and the poor. The prevalence of these vices in the society is a pointer to the fact that the chapter two of the 1999 constitution, containing social and economic rights is a toothless bulldog that cannot bite. This paper, therefore, examines the provisions of the Fundamental Objectives and Directive Principles of State Policy in Nigeria, the significance of the indivisibility and interdependency of rights, the evils of the non-justiciability of socio-economic rights and make a case for the enforcement.