Jonah Patel
Chapter II of the Constitution of the Federal Republic of Nigeria, 1999, commonly referred to as the Directive Principles of State Policy, outlines socio-economic objectives for the Nigerian government. However, these principles are deemed non-justiciable, meaning they cannot be enforced by the courts. This non-justiciable status is a result of Section 6 (6) (c) of the Constitution, which ousts the jurisdiction of the courts regarding the Fundamental Objectives and Directive Principles outlined in Chapter II. The implications of this non-justiciability are significant, as it takes away the ability of citizens to hold the government accountable for its promises and violations of their rights. While there have been legislative efforts to ensure the enforceability of some provisions in Chapter 2, such as the Economic and Financial Crimes Commission Act, the overall non-justiciable nature of the chapter remains a concern and is seen as a hindrance to Nigeria's development.
| Characteristics | Values |
|---|---|
| Socio-economic objectives for the Nigerian government | N/A |
| Cannot be enforced by the courts | N/A |
| Lack of accountability | N/A |
| Lack of good governance | N/A |
| Lack of protection of citizens' rights | N/A |
| Lack of enforcement of socio-economic rights | N/A |
| Lack of compliance with international human rights standards and constitutional principles | N/A |
| Lack of strong legal basis for direct enforcement | N/A |
| Dependence on political will and accountability of elected officials | N/A |
Explore related products
What You'll Learn
- Chapter 2's non-justiciability takes away citizens' ability to hold the government accountable
- The National Assembly can enact legislation to give legal backing to directive principles
- Some elements within Chapter 2 are incorporated into other parts of the Constitution
- Socio-economic rights are recognised in the 1999 Constitution
- The non-justiciability of Chapter 2 is in contrast with the welfare focus of the Constitution
Chapter 2's non-justiciability takes away citizens' ability to hold the government accountable
Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria, commonly referred to as the "Directive Principles of State Policy," outlines socio-economic objectives for the Nigerian government. These principles are deemed non-justiciable, meaning they cannot be enforced by the courts.
The non-justiciability of Chapter 2 takes away citizens' ability to hold the government accountable for its promises and duties. This is because the objectives and principles outlined in Chapter 2, while important national aspirations and moral guidelines, do not provide a strong legal basis for direct enforcement. The government's compliance with these principles depends on political will and the accountability of elected officials rather than legal mandates.
The non-justiciability of Chapter 2 has been described as a betrayal of democratic principles and a fraud on the citizens of Nigeria. It has been argued that the ruling class advantages from this non-justiciability clause as it takes away the power of citizens to hold the government accountable.
While there have been limited legislative efforts by the National Assembly to ensure the enforceability of the provisions in Chapter 2, there are some exceptions to the non-justiciability of Chapter 2. For example, the National Assembly can enact specific legislation that gives legal backing to any of the directive principles, and these legislations shall be justiciable. Additionally, some elements within Chapter 2 are directly incorporated into other parts of the Constitution, making them justiciable, such as the provision in Section 42 that protects against discrimination.
Despite these exceptions, the non-justiciability of Chapter 2 remains a concern, particularly in light of the growing prevalence of poverty, unemployment, and inequality in Nigeria. The recognition of social and economic rights under the 1999 Constitution has not been accompanied by adequate regard for these rights by the government. As a result, Chapter 2 has been described as a "toothless bulldog" that cannot effectively address the social and economic issues facing the country.
The Constitution's Genesis: A Historical Document
You may want to see also
The National Assembly can enact legislation to give legal backing to directive principles
Chapter II of the Constitution of the Federal Republic of Nigeria, 1999, commonly referred to as the "Directive Principles of State Policy," outlines socio-economic objectives for the Nigerian government. These principles are deemed non-justiciable, meaning they cannot be enforced by the courts. This non-justiciability is a result of the clause in Section 6(6)(C) of the Constitution, which takes away citizens' power to hold the government accountable for the promises made in Chapter 2.
By enacting legislation, the National Assembly can make these principles justiciable, enhancing accountability, promoting good governance, and protecting citizens' rights. The justiciability of socio-economic rights aligns with international human rights standards and constitutional principles.
Additionally, simple legislation by the National Assembly is adequate to implement the Directive Principles as applicable laws per Article 245, as they are already enshrined in the constitution. This can be done without the need for any constitutional amendment. The National Assembly should strive to make these principles the basis of all executive and legislative action, as they are intended to guide the governance of the country.
In conclusion, the National Assembly plays a crucial role in giving legal backing to directive principles by enacting legislation. This not only aligns with democratic principles but also ensures that the rights and welfare of citizens are protected and prioritized.
Understanding the Constitution: A Guide for Students
You may want to see also
Some elements within Chapter 2 are incorporated into other parts of the Constitution
Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria, commonly referred to as the "Directive Principles of State Policy," outlines socio-economic objectives for the Nigerian government. These principles are deemed non-justiciable, meaning they cannot be enforced by the courts. This non-justiciability is a result of Section 6 (6) (c) of the Constitution, which ousts the jurisdiction of the courts regarding the Fundamental Objectives contained in Chapter 2.
However, it is important to note that some elements within Chapter 2 are incorporated into other parts of the Constitution, making them justiciable. One example is the provision in Section 42, which protects against discrimination as outlined in Section 15(2) of the Constitution. This means that while Chapter 2 as a whole may not be justiciable, certain elements within it can be enforced through other constitutional provisions.
Another exception to the non-justiciability of Chapter 2 is the power of the National Assembly (the legislative arm of the government) to enact specific legislation that gives legal backing to any of the directive principles. These legislations, once enacted, shall be justiciable. This provides a pathway for the enforcement of the Fundamental Objectives outlined in Chapter 2, even if the chapter itself is non-justiciable.
The non-justiciability of Chapter 2 has been a subject of debate and criticism. Some argue that it disadvantages citizens by taking away their ability to hold the government accountable for its promises. It is seen as a betrayal of democratic principles, particularly in light of the government's failure to address issues such as insecurity and kidnapping.
Despite the non-justiciability, the provisions of Chapter 2 are still significant as they represent the spirit and soul of the Constitution, outlining important national aspirations and moral guidelines. However, their enforcement relies on the political will and accountability of elected officials rather than legal mandates.
Trademark Usage: Preventing Abandonment with Active Use
You may want to see also
Explore related products
Socio-economic rights are recognised in the 1999 Constitution
Despite the recognition of these rights, Chapter II of the 1999 Constitution is deemed non-justiciable, meaning that these rights cannot be enforced by the courts. This is due to Section 6(6)(c) of the Constitution, which states that the powers of the judiciary do not extend to matters concerning the Fundamental Objectives and Directive Principles of State Policy outlined in Chapter II. As a result, the objectives and principles outlined in Chapter II serve only as national aspirations and moral guidelines, with the government's compliance depending on political will and the accountability of elected officials rather than legal mandates.
The non-justiciability of Chapter II has been criticised as a betrayal of democratic principles, as it takes away the ability of citizens to hold the government accountable for their promises. It is argued that making these principles justiciable would enhance accountability, promote good governance, and better protect the rights of citizens. Furthermore, it is important to highlight that the National Assembly has made limited legislative efforts to ensure the enforceability of the provisions in Chapter II, with a multitude of legislations enacted to enforce the duties of citizens as outlined in the chapter.
Despite the non-justiciable status of Chapter II, there are certain exceptions. The National Assembly can enact specific legislation that gives legal backing to any of the directive principles, making them justiciable. Additionally, some elements within Chapter II, such as the provision against discrimination, are directly incorporated into other parts of the Constitution and are therefore justiciable.
Bull-Running: Cruel Sport or Cultural Tradition?
You may want to see also
The non-justiciability of Chapter 2 is in contrast with the welfare focus of the Constitution
Chapter II of the 1999 Constitution of the Federal Republic of Nigeria, commonly referred to as the "Directive Principles of State Policy", outlines socio-economic objectives for the Nigerian government. These principles are deemed non-justiciable, meaning they cannot be enforced by the courts. The non-justiciability of Chapter 2 is embedded in Section 6(6)(c) of the Constitution, which states that the powers of the judiciary do not extend to matters concerning the Fundamental Objectives and Directive Principles of State Policy outlined in Chapter II.
The non-justiciability of Chapter 2 means that the objectives and principles outlined within serve as aspirations and moral guidelines rather than enforceable legal rights. Compliance with these principles relies on the political will and accountability of elected officials, leaving citizens without a legal remedy if these principles are not upheld. This is particularly concerning given the growing social and economic challenges in Nigeria, including poverty, unemployment, and deteriorating living conditions.
While the National Assembly has made some legislative efforts to ensure the enforceability of certain provisions in Chapter 2, such as the Economic and Financial Crimes Commission Act, the overall non-justiciability of the chapter remains a hindrance to Nigeria's development. It is argued that making Chapter 2 justiciable would enhance accountability, promote good governance, and protect the rights of citizens, bringing Nigeria closer to the welfare-focused ideals outlined in the Constitution.
Framing the Legislature: The Constitutional Vision
You may want to see also
Frequently asked questions
It is the grundnorm in Nigeria, meaning it is the foundational law of the country.
Chapter 2, also known as the "Directive Principles of State Policy", outlines socio-economic objectives for the Nigerian government.
Non-justiciability means that the principles outlined in Chapter 2 cannot be enforced by the courts and do not provide a strong legal basis for direct enforcement.
The non-justiciable nature of Chapter 2 means that the government's compliance with the principles outlined depends on political will and the accountability of elected officials, rather than legal mandates. This can result in a lack of accountability, a disregard for human rights, and a failure to promote the social and economic welfare of citizens.
Yes, the National Assembly can enact specific legislation that gives legal backing to any of the directive principles, making them justiciable. Additionally, some elements within Chapter 2 are directly incorporated into other parts of the Constitution, such as the provision in Section 42 that protects against discrimination.
![John Wick: Chapter 2 - 4K Ultra Hd [Blu-ray] [4K UHD]](https://m.media-amazon.com/images/I/81f4WHXPBjL._AC_UY218_.jpg)
