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TABLE OF STATUTES
1999 Constitution of the Federal Republic of Nigeria
The 1979 Constitution of the Federal Republic of Nigeria
African Charter (ratification and enforcement) Act
International Covenant on Economic, Social and Cultural Right 1966
African Charter on Human and Peoples Rights
TABLE OF CASES
Ag Lagos State v. AG Federation (2003) 15 NWLR (pt. 842) 113, 175.
AG Ondo v. AG Federation (2002) 9 NWLR pt 772
INEC v. Musa (2003) 3 NWLR (pt. 806) 72, 152
Okogie v. Attorney of Lagos State (1981) NCLR 2187.
Attorney General of Ondo State v. Attorney General of the Federation & Ors (2002) 7 NWLR (Pt 772).
Attorney General of the Federation v. Abubakar (2007) 8 NWLR (Pt 1035) 117.
Messin v. Nwachukwu (1999) 6 NWLR (Pt 605) 154.
NDIC v. Okem Enterprises Ltd (2004) 10 NWLR (Pt 80) 107.
Ishola v. Ajiboye (1994) 6 NWLR (Pt 352) 506.
Minerva Mills Ltd & Ors v. Union of India & Ors AIR 1789 1981 SCR (1) 206 1980 SCC (3) 623.
v. Shell Peroleum Dev. Corp & the Nigerian National Petroleum Corporation
(2005) 6 AHRLR pg. 152
TABLE OF ABBREVIATION
NCLR - National Constitutional Law Report
NWLR - Nigerian Weekly Law Report
NNLR - Northern Nigeria Law Report
SC - Supreme Court
FWLR - Federation Weekly Law Report
LRN - Law Report of Nigeria
NIR - Nigerian Law Report
WRN - Weekly Law Report
LR - law Report
MJSC - Monthly Judgment of the Supreme Court of Nigeria
HCLR - High Court Law Report
CA - Court of Appeal
CJN - Chief Justice of Nigeria
AC - Appeal Cases
NMLR - Nigerian Monthly Law Report
ANLR - All Nigerian Law Report
CJ - Chief Judge
The whole of Chapter II of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 (made up of 12 sections spanning section 13 to 24) contain the political, economic, social, cultural and developmental rights of the citizens. However, this chapter is non-justiciable by virtue of section 6(6) (c) of the same constitution. Examination of the implications of such non-justiciability show that citizens cannot obtain redress from the courts if denied their socio-economic, developmental and other rights provided for in this chapter of the constitution. It is therefore a formidable impediment to socio-economic development. Furthermore, continuation of non-justiciability of Chapter II CFRN may result to lack of development and non-accountability by the Executive and Legislative arms of government, without any hope of a successful judicial challenge. It is further found that some other African countries and India now have provisions to allow Courts to adjudicate on socio-economic rights relying on the African Charter on Human and Peoples Rights which should be applicable in Nigeria. It is recommended that Nigeria repositions to correct this aberration and allow for justiciability of this chapter of the constitution in order to facilitate socio-economic development.
1.1 BACKGROUND OF THE STUDY
The reason for venturing into this topic is based on personal interest in the concept of fundamental objectives and directive principles of state policy and the desire to shed more light on it by critically analyzing it.
This work is therefore based on the analysis of fundamental objectives and directive principles of state policy. It analysis shall include discussion on the nature of fundamental objectives of the government, consideration of the desirability of the objectives among others.
The art of governance that directs government to ensure as a matter of state policy the fulfillment of identified fundamental objectives is a culture that pervades the constitution of most emerging democracies. An examination of the constitution of Nigeria shows arrays fundamental objectives as a common feature. For instance, chapter two of the 1999 constitution of Nigeria contain series of provisions locating on fundamental objectives such as political objectives, economic objectives, social objectives, educational objectives, foreign policy objectives and environmental objectives of the Nigerian government.
1.2 STATEMENT OF THE PROBLEM
The Nigerian executive arm of government is provided for in the constitution, it is saddled with functions which basically revolve around executing the laws made by the legislature. The constitution of the Federal Republic of Nigeria (1999) made provision for fundamental objectives and directives principles of state policy under its chapter two. These objectives provide a guide to any government in power in Nigeria and contain essential need of the people in Nigeria on political, economic, social, educational, foreign policy, environmental, cultural, media, national ethnic matters and duties of citizens.
This research seeks to ratify the validation of the main aim of fundamental objectives and directive principles of state policy in the 1999 constitution and those laid down policies which are expected to be pursued in the effort of the government to realize the national ideals.
1.3 SIGNIFICANCE OF THE STUDY
Researchers often contribute to existing knowledge and then possibly create channels for further researches. The main intention of this research is to examine the issue which bothers on the justiciability and non-justiciability of chapter two of the 1999 constitution which is the fundamental objectives and directive principles of state policy and those fundamental objectives which is laid down in the constitution for government to follow; however, these objectives and principles if turned into human right will lead to a new Nigeria devoid of problems like unemployment, lack of basic amenities at a significant low level of social welfare and disunity.
1.4 SCOPE AND LIMITATION OF STUDY
This research shall not exceed the content of its title; it shall be within the preview prescribed by the topic. Though fundamental objectives and directive principles of state policy appears to be too cumbersome and complex, it interpretation differs in different situation and circumstance. This research has a main focus on the critical analysis of fundamental objectives and directive principles of state policy under chapter two of the 1999 constitution of Nigeria.
1.5 RESEARCH METHODOLOGY
This research is doctrine didactic and library based. It does not involve the use of questionnaire. Thus, reference materials are derived mainly from the law library, internet, statutes books and recited cases as well as juristic opinion from journals, articles, text book and individuals.
1.6 DEFINITION OF TERMS
This research is made up of some key terms. Thus, to appreciate and to have a better understanding and discussion on the research topic, it is essential and pertinent to state some definition of terms used in the research work. The key term used in this research is fundamental objectives and directive principles of state policy.
Fundamental: Fundamental is a basic principle, rule, law that serves as the groundwork of a system or being an essential part of a foundation or basis.
Objectives: Objective is a specific result that a person or system aims to achieve within a time frame and with available resources. In general, objectives are more specific and easier to measure than goals. Objectives are basic tools that underlie all planning and strategic activities.
Directives: Directive is defined as a formal legal act and usually mandatory executive order or official pronouncement on a policy or procedure, or one which encourages or discourages some activity.
Principle: Principle is a fundamental truth or proposition that serves as the foundation for a system of belief or behaviour or for a chain of reasoning, a general scientific theorem or law that has numerous special application across a wide field. A principle is a concept or value that is a guide for behaviour or evaluation. In law, it is a rule that has to be or usually followed.
Constitution: A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. Fundamental and entrenched rules governing the conduct of an organization, nation or state and establishing its concepts, character and structure.
Justiciability: Justiciability can be defined as the limits upon legal issues over which a Court can exercise its judicial authority. It is also the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Justiciability refers to the type of matters that the courts can adjudicate. If a case is “non-justiciable” a court cannot hear it.
Non-Justiciability: Non-justiciability simply means inability of any court of law to try a matter even where real interest and right are being infringed. This definitely, is against the spirit and objective of any good constitution in a democratic dispensation where the rule of law and separation of powers of the arms of government should prevail.
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