At the 2025 Law Week of the Nigerian Bar Association (NBA) Barnawa Branch, former NBA National Publicity Secretary and respected legal practitioner, Dr. Rapulu Nduka, delivered a powerful keynote address challenging the legal profession to confront the limitations of Nigeria’s constitutional framework.
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Speaking on the theme “Democracy and the Nigerian Experience: The Mirage of Chapter 2 of the 1999 Constitution,” Dr. Nduka described Chapter 2 as the “soul of governance,” embodying critical state obligations on welfare, security, education, and economic justice. However, he lamented its non-justiciability, which renders these promises unenforceable in court and leaves millions of Nigerians without recourse to justice.
“In its present form, Chapter 2 promises everything but delivers nothing,” Dr. Nduka asserted. “It is the clearest example of a system that outlines noble aspirations but lacks the courage to enforce them.”
He further criticized the judiciary for failing to advance a progressive interpretation of the Constitution, noting that courts often “hide behind the cloak of non-justiciability” instead of rising to protect vulnerable citizens.
Drawing from comparative constitutional experiences particularly India’s Dr. Nduka called on both the Bar and the Bench to adopt a more activist posture. He advocated for interpreting the socioeconomic rights in Chapter 2 as extensions of the fundamental right to life, which is enforceable under Chapter 4.
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“It is time for the legal profession in Nigeria to stop treating Chapter 2 as ornamental. Welfare, education, and economic security are not luxuries they are rights that underpin the right to life,” he said, to thunderous applause.
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