economic and socio-cultural rights in the democratic governance of Nigeria: enforcement mechanisms beyond justiciability

Abstract

This paper discusses the unusual perspective of the purpose of including Economic and Socio-Cultural Rights (ESC) in the Constitution of Nigeria. The focus of the paper is to analyse these fundamental objectives of the state as a constitutional guide for the making of political manifestoes and subsequent formulation of governmental agenda for implementation rather than a subject matter of justiciability in court. The methodology employed is doctrinal approach by examining the basic and detailed provisions of the 1999 Constitution (as amended), available literature for and against the concept of justiciability. The paper recommends that it is better for all political parties contesting elections to be guided by the provisions of Chapter II on Economic and Socio-cultural Rights(ESC) in the making of their manifestoes and agenda. It argues that the enforcement of Chapter II is dependent on the state of the nation’s economy, the reality of the objectives and available resources. Thus, the question of absolute justiciability of the chapter clamoured for over the years may not be realistic after all.

Keywords: Economic, Socio-cultural, Rights, Justiciability, Nigeria