NBA- SPIDEL Town Hall Meeting: ‘I Stand  On The  Justiciability Of Chapter Two Of The 1999 Constitution’– Ewenode William .Esq

Immediate Past NBA National Asst. Secretary, Ewenode.O William, the Planning Committee and the Leadership of the Nigerian Bar Association Section on Public Interest And Development Law *(SPIDEL), led by Dr. Monday Ubani, have gathered some of the brightest minds in the Profession to discuss the justiciability of the provisions contained in Chapter Two of the 1999 Constitution as amended.

SPIDEL, will today by 12:00 noon begin The Town Hall Meeting which is a Hybrid event, holding at Marriott Hotel, Ikeja, Lagos.

The crux of the discussion is expected to be whether individuals can enforce the provisions of Chapter Two which deals with the ‘Fundamental Objectives and Directive Principles of State Policy.’ aka the Socio-economic rights of the Citizens.

Read his statement below:

Under the 1999 Constitution, it is noted that socio-economic rights are different from the Fundamental Human Rights which are contained in Chapter Four of the said 1999 Constitution.

As stated above, Fundamental Human Rights are justiciable i. e enforceable in Court but  the Social-economic rights are unenforceable.

Chapter Two of the 1999 Constitution of the Federal Republic of Nigeria, contains  Sections 13 to 24 which deals essentially on the Obligations of the office of the Government (Federal or State) to the office of the Citizen, that is, what the Citizen expects the Government to do for him as benefits.

A peep at some of the Sections will reveal these Obligations for example, Section 13 provides inter alia that “It shall be the duty and responsibility of all organs of Government… to confirm to, observe and apply the provisions of this Chapter of this Constitution”

Section 14 is very exciting to note as the Constitution vested Sovereignty on the People and that Government will derive its powers from the people. 

It also forcefully  declared that the security and welfare of Nigerians shall be the primary purpose of government. The question is, is that what we find today?

No wonder the Court of Appeal in James V. Gov. Of Edo State & Ors (2021)LPELR-54203 (CA), Per Georgewill JCA (43-45, Paras F-B ) clearly deprecated the verbal Order of the Governor who claimed to have acted under the provisions of Section 14 (2) (b).

Section 15 provides interestingly for national integration and the non discrimination of Nigerians on the grounds of place of origin, sex, religion, status, ethnic or linguistic association etc. The Government is also to provide adequate opportunity for mobility, secure full residence rights for every citizen in any part of Nigeria, encourage inter marriage amongst different ethnic and religious groups etc.

Section 16 provides for economic objectives which entails the control of national economy, economic freedom and happiness for the citizens etc.

Section 17 provides for the Social Objectives in that every citizen shall have equal rights and opportunities, Government shall recognize the sanctity of the human person etc.

Section 18 deals with the Educational Objectives wherein it is loudly stated that Government shall strive to eradicate illiteracy, provide free, compulsory and universal education up to the university level.

Sections 19 to 21 provides for Foreign Policy, Environmental and Nigerian culture.

THE UNJUSTICIABILITY OF THE PROVISIONS OF CHAPTER TWO.

From the provisions of Section 6 (6) (C) of the 1999 Constitution as amended, the Constitution bars the enforcement or the justiciability of he provisions of Cap Two by ousting the jurisdiction of the Courts from enforcing any of such provisions. The said Section 6(6)(c) provides inter alia, that the judicial powers vested in the Courts of the State ‘shall not, except as otherwise provided by this Constitution, extend to any issue or question as to whether any act or omission by any authority or person or so as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directives Principles of State Policy set out in Chapter II of this Constitution;’

Thus, the provision of Section 6(6)(c) serves as a Bar, an Ouster Clause limiting the powers of the Courts in enforcing the breach or enforcement of the provision of Chapter II of the 1999 Constitution as amended.

WAY TO GO

The only way to go in today’s discussion is for the continuous demand on the National Assembly to remove Section 6 (6) (C) from the 1999 Constitution and allow Citizens to demand for enforcement of the provisions.

The NBA qua SPIDEL can further interrogate this discussion by engaging be young today our colleagues in the National Assembly on the need for the said Section 6 (6) (C) can be retooled for the betterment of the greater majority of Nigerian.