Justiciability of fundamental objectives and directive principles of state policy: Under the 1999 Nigerian constitution
The Constitution of the Federal Republic of Nigeria 1999 as amended in chapter 2 provides for Fundamental Objectives and Directive Principles of State Policy, which substantially contains socio-economic rights. The Constitution in section 6(6)(c) declared chapter 2 as non-justiciable. This article examined the general argument for and against the justiciability of socio-economic rights embedded in the said chapter 2, and also examined the reasons that influenced the makers of the Constitution to adopt the non-justiciability approach to the Directive Principles. The article argues that the non-justiciability of chapter 2 is not total considering item 60(a) of Schedule II part 1 of the Constitution, and the African Charter on Human and Peoples Rights which has been domesticated by Nigeria. The paper concluded that the Directive Principles are like welfare legislations, therefore the Nigerian Judiciary should adopt a liberal and dynamic approach like the Indian Judiciary in the interpretation of its provisions in order to achieve the beneficial purposes for which they are inserted.
Nwauzi Linus. Justiciability of fundamental objectives and directive principles of state policy: Under the 1999 Nigerian constitution. International Journal of Law, Volume 3, Issue 5, 2017, Pages 29-37