The Consequences of the Non-Justiciability of Socio-Economic Rights in the Provisions of the Nigerian Constitution

Abstract

Socio-economic rights and their enforcement is a reoccurring issue in Nigeria; this is a result of
the non-justiciability provision of the Nigerian Constitution. In other jurisdictions, states have
relied on the progressive enforcement of these rights utilizing the available resources within their
territories and on international assistance depending on the circumstances in fulfilling these
rights. Various factors are said to be responsible for Nigeria’s current status as a developing
country. These range from historical colonial experience, political instability, the monocultural
nature of the national economy, and the persistent lack of commitment to focused development
strategies on the part of the political elites. Chapter II of the Constitution provides guidelines to
the government of Nigeria to promote democracy, social justice, and order. The said objectives
appear to encompass social inclusiveness to reduce socio-economic and political inequality in
status and opportunities in Nigeria. This paper aims to analyze the consequences of the
nonjusticiability of the Nigerian Constitution. The findings of this paper reveal that there is no
adequate constitutional and or legal framework put in place in Nigeria to protect socio-economic
rights to develop or sustain the little existing development.
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