Pro-justiciability approach towards enforcing the provisions of chapter ii of the constitution of the Federal Republic of Nigeria 1999

Abstract

Chapter II of the Constitution of Federal Republic of Nigeria 1999 contains what are captioned the “Fundamental Objectives and Directive Principles of  State Policy”, which, prima facie, are guidelines to the government of Nigeria to promote democracy, social justice and order. The said fundamental  objectives and directive principles appear to encompass social inclusiveness with a view at reducing socio-economic and political inequality in status and opportunities in Nigeria. In other words, economic, social, and cultural benefits/rights are found in Chapter II of the Constitution. However, it is found by  the researcher that despite the “Fundamental Objectives and Directive Principles of State Policy” which ought to induce a legal duty from the State to  provide economic, social, and social benefits/rights, these provisions appear unfortunately to be unenforceable by the Courts in Nigeria in the light of the  ouster clause in Section 6 (6) (c) of the Constitution of Federal Republic of Nigeria 1999. This Paper enquires into the legal viability and posits the legal  possibility of a pro-justiciability approach towards enforcing the provisions of Chapter II of the Constitution of the Federal Republic of Nigeria 1999.  It is recommended inter alia that there should be an urgent review and alteration of the extant Constitution of Nigeria for the purpose of casting out  every contradiction and provision which hinders or obscures the smooth justiciability of those commendable provisions contained in Chapter II of the  said extant Constitution of Nigeria.