JUSTICIABILITY OF THE FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLE OF STATE POLICY UNDER CHAPTER TWO OF THE 1999 CONSTITUTION; LESSON FROM THE PROGRESSIVE INTERPRETATION BY INDIAN COURTS

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ABSTRACT

This Long essay sets out to analyse the provisions of chapter II of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 and the attitudes of Nigerian courts to its enforceability. It argues that the claim of non-enforceability of Chapter II is a reflection of class politics which is programmed against the interests of the poor and downtrodden, and not necessarily because the Constitution ousts the jurisdictional competence of the court to adjudicate on implementation or non-implementation. The work highlights the provisions of Chapter II of the Constitution. It undertakes a comparative analysis of the jurisprudence of Nigerian and Indian jurisdictions in order to show that the Nigerian courts could learn from judicial activism in furtherance of enforceability of socio-economic rights.

In order to meet the broad objectives of this study, focus will be on the following specific objectives this paper intends to look into the provision of fundamental objectives and directive principles of state policy and the obligation involved in the observance of these rights. International instruments as the basis for human rights, the African Charter on Human and Peoples’ Rights and its applicability in Nigeria would be considered. The paper would also examine the nexus and interdependence of classes of rights as mutually complementary. A reflection on the constitutional provisions relating to justiciability or otherwise of the categories of rights would be made. Recourse shall be made to the progressive interpretation given by Indian courts. And finally, the paper will end with a conclusion drawn and recommendations proffered.

TABLE OF CONTENT

CHAPTER ONE

1.0.0INTRODUCTION

1.1.0BACKGROUND TO THE STUDY

1.2.0OBJECTIVES OF THE STUDY

1.3.0FOCUS OF THE STUDY

1.4.0SCOPE OF THE STUDY

1.5.0METHODOLOGY

1.6.0DEFINITION OF TERMS

1.7.0CONCLUSION

CHAPTER TWO

NATURE OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY

2.0.0 INTRODUCTION

2.1.0 HUMAN RIGHTS

2.2.0 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)

2.3.0 AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHT PROVISIONS ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS.

2.4.0 PROVISIONS OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY UNDER CHAPTER II OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

2.5.0THE IMPLICATION AND EXTENT OF THE CHAPTER II PROVISIONS UNDER THE NIGERIAN CONSTITUTION

2.6.0CONCLUSION

CHAPTER THREE

JUSTICIABILITY AND ENFORCEMENT OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY

3.0.0 INTRODUCTION

3.1.0 SCHOOLS OF THOUGHT ON THE JUSTICIABILITY OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY UNDER NIGERIAN CONSTITUTION

3.2.0IMPLICATION AND SCOPE OF THE NON JUSTICIABILITY CLAUSE UNDER THE CONSTITUTION AND THE INTERPRETATION BY NIGERIAN COURTS.

3.3.0 JUDICIAL ATTITUDE TOWARDS FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES ON STATE POLICY IN SELECTED COUNTRIES

3.4.0 CONCLUSION

CHAPTER FOUR

4.0.0ENFORCEMENT AND INTERPRETATION OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY BY INDIAN COURTS.

5.1.0 CONCLUSION

CHAPTER FIVE

5.0.0RECOMMENDATION

5.1.0GENERAL CONCLUSION

BIBLIOGRAPHY

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JUSTICIABILITY OF THE FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLE OF STATE POLICY UNDER CHAPTER TWO OF THE 1999 CONSTITUTION; LESSON FROM THE PROGRESSIVE INTERPRETATION BY INDIAN COURTS

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