Non-Justiciability of Chapter II of the Nigerian Constitution as an Impediment to Economic Rights and Development

Abstract

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.

Keywords:  Non-justiciability, Constitution Impediment, Socio-economic rights, Development.