An Examination of Chapter 2 of the CFRN 1999

CONTRIBUTED BY PWAVENO DITTO

INTRODUCTION

The Constitution of the Federal Republic of Nigeria 1999 (as amended) is the grundnorm in Nigeria and it is expected to adequately cater for the wellbeing of the citizens as is contained in the preamble to the Constitution. This means that the social, economic and developmental welfare of citizens ought to be paramount and foremost^[1].

Against this backdrop, it is therefore perplexing that Chapter 2 of the Constitution which appears to adequately cater for these developmental welfare concerns is rendered non-justiciable by the same legal document that provides for the same by virtue of section 6(6)(c) of the Constitution.

In this article, we shall examine the rights contained in Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN) as well as the concept of non-justiciability and its attendant implications.

RIGHTS CONTAINED IN CHAPTER 2 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA: NATURE AND SCOPE

Chapter 2 of the Constitution comprises of Sections 13-26 and is titled “Fundamental Objectives and Directives and Directives Principles of State Policy”^[2].

In order to fully appreciate the import of the provisions of this Chapter, it is essential to note the wording of the opening section, Section 13, which provides that

“It shall be the duty and responsibility of all organs of government and of all authorities and Persons, exercising legislative, executive or judicial Powers to conform to, observe and apply the provisions of this constitution.”

This therefore translates that the Sections contained in the Chapter are to serve as the duties of the government and guiding rules to ensure that natural justice is upheld and citizen welfare is prioritized. It also states that Nigeria shall be a State based on the principles of democracy and social justice with sovereignty belonging to the people and participation in government being highly encouraged^[3].

Section 16 (1)(a) further outlines the need to harness the nation’s resources and foster national prosperity by establishing a dynamic and self-sufficient economy whilst advocating for the management of the national economy in a manner that ensures the utmost welfare, liberty, and contentment of each citizen while upholding principles of social justice and equality in both status and opportunities.

It is stipulated that the State should steer its policies to achieve the following objectives:

(a) Promoting a planned and well-balanced economic development.

(b) Ensuring that the nation’s material resources are efficiently harnessed and distributed for the collective benefit.

(c) Preventing the operation of the economic system in a way that leads to the concentration of wealth or control over the means of production and exchange in the hands of a select few individuals or groups.

(d) Providing all citizens with appropriate and adequate housing, food, a reasonable national minimum wage, elderly care, pensions, as well as support for the unemployed, sick, and disabled^[4].

Section 17 provides that the State order is based on principles of Freedom, equality and justice. It is emphatic in stating that equality of rights should be upheld and any exploration that is against the welfare and development of the society should be avoided^[5].

Interestingly, Section 17 further provides that “conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life.”

Section 18 focuses on education and directs that:

“Government shall strive to eradicate illiteracy, and to this end, Government shall as and when practicable provide-

• 1. free, compulsory and universal primary education;
  2. free secondary education;
  3. free university education; and
  4. free adult literacy programme^[6].

Section 19 on Foreign Policy provides that foreign Policy shall be for

1. the promotion and protection of the national interest;
2. promotion of African integration and support for African unity;
3. promotion of international cooperation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestations;
4. respect for international law and treaty obligations as well as the seeking of settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication; and
5. promotion of a just world economic order.

Section 20 provides environmental Objectives, Section 21 provides directives regarding Nigerian cultures, Section 22 elaborates on the responsibilities of the mass media, and Section 23 pertains to the establishment of national ethics.

Indeed, these provisions hold great appeal and significance as they are crucial for transforming the envisioned Nigeria we long for into a tangible reality. Regrettably, these objectives and rights within the chapter are wholly unenforceable and non-justiciable meaning they cannot be legally upheld or enforced.

AN EXAMINATION OF THE NON-JUSTICIABILITY OF CHAPTER 2 OF THE CONSTITUTION

Section 6 (6)(c) of the 1999 Constitution on the powers vested in the judiciary provides that these powers:

“shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution.”

The clear wording of this Section perfectly ousts the jurisdiction of the Court as it relates to the Fundamental Objectives contained in Chapter 2. This provision begs the question: why include rights on one hand and invalidate its enforcement with another?^[7]

This is a sharp contradistinction and total departure from the provisions of Section 13, which mandates all organs of government, including the judiciary to adhere to, follow, and implement the directives outlined in the fundamental objectives and directive principles of state policy^[8].

It is common knowledge that the legal enforcement characteristic enjoyed by the law is what lends it the force that compels adherence. When this force is however removed from any law, it renders such a law an image of a mere toothless bulldog.

Consequently, the non-justiciable nature of Chapter 2 of the Nigerian Constitution means that while the objectives and principles outlined therein serve as important national aspirations and moral guidelines, they 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^[9].

EXCEPTIONS TO THE PRINCIPLE OF NON-JUSTICIABILITY

It is a trite principle of law that for every general rule, there is an exception. The principle of non-justiciability of Chapter 2 of the 1999 Constitution is subject to certain exceptions.

Foremost amongst these exceptions is that the National Assembly (the legislative arm of the government) can enact specific legislation that gives legal backing to any of the directive principles and these legislations shall be justiciable. This means that where there is a law passed to implement a particular directive principle, individuals can challenge the government’s compliance with that law in court^[10]. The case of Olafisoye v. Federal Republic of Nigeria lends a judicial backing to this exception^[11].

The enactment of the Economic and Financial Crimes Commission Act is a typical example in furtherance of Section 15(5) of the 1999 Constitution which provides that the state shall abolish all corrupt practices and abuse of power. It is important to highlight that the National Assembly has made limited legislative efforts to ensure the enforceability of the provisions in Chapter 2 of the Constitution. In contrast, there has been a multitude of legislations enacted to enforce the duties of citizens as stipulated in the chapter, the Personal Income Tax Act and other tax legislations being a typical example^[12].

Another exception is that 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 as provided under section 15(2) of the Constitution.

CONCLUSION

The recommendation of making Chapter 2 of the Nigerian Constitution justiciable is a significant proposal with the potential to yield several positive outcomes for the country. Allowing citizens to directly enforce the fundamental objectives and directive principles of state policy would encourage better governance by holding government institutions accountable for the fulfilment of their obligations toward the welfare and well-being of citizens, reduce poverty and ensure that the government can be compelled to create and support policies that promote job creation and economic growth.

1. Nwauzi, L. O. “How Fundamental are the Fundamental Objectives and Directive Principles Under Chapter II of the Constitution of Nigeria 1999.” (2017):. Donnish Journal of Law and Conflict Resolution 3, (no. 3) (029-034). ↑
2. See generally Chapter 2 of the 1999 Constitution ↑
3. Section 14(1) & (2) of the 1999 Constitution of the Federal Republic of Nigeria ↑
4. Section 16 (2) of the 1999 Constitution of the Federal Republic of Nigeria ↑
5. Section 17 (2) of the 1999 Constitution of the Federal Republic of Nigeria ↑
6. Section 18 (3) of the 1999 Constitution of the Federal Republic of Nigeria ↑
7. 5See Akande, Introduction to the Constitution of Nigeria (2000) 271 ↑
8. Ikpeze, Ogugua VC. “Non-justiciability of Chapter II of the Nigerian constitution as an impediment to Economic Rights and Development.” (2015). Developing Country Studies 5, no. 18( 48-56). ↑
9. Okon Emmanuel “The environmental perspective in the 1999 Nigerian Constitution.” Environmental Law Review (2003)  5.4 (256-278). ↑
10.  item 60(a) of the Second Schedule, 1999 Constitution ↑
11. (2005) 51 WRN 62 ↑
12. Okeke Odinakachukwu “Pro-justiciability approach towards enforcing the provisions of chapter ii of the constitution of the Federal Republic of Nigeria 1999.” (2023). Nnamdi Azikiwe University Journal of International Law and Jurisprudence 14.1 (102-114). ↑