Socio-Economic Rights Vis-A-Vis Nigeria's Obligation to International Legal Rights Instruments

Abstract

The provisions of chapter two of the 1999 Constitution of the Federal Republic of Nigeria contains political, economic, social, cultural and developmental rights of the citizens, but these rights are not enforceable. The implication of the non-justiciability
of chapter two of the Constitution makes it impossible for citizens of Nigeria to obtain reasonable redress from the courts if denied any of the rights provided in the chapter. However, Nigeria being a signatory to the African Charter on Human and Peoples' Rights (ACHPR) Universal Declaration of Human Rights (UDHR) 1948, International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 and many other international rights instruments which provide for socioeconomic rights is expected to implement these laws especially where they have been domesticated as part of her municipal legislations. It is found that the provision of chapter two of the 1999 Constitution of the Federal Republic of Nigeria makes social-economic rights non-justiciable which is contrary to the signed or domesticated international legal rights instruments which it has obligation to implement by international law and standard. Failure to perform such obligation affects Nigeria's credibility at the international community. This paper seeks to examine the non-justiciability of socio-economic rights vis-a-vis Nigeria's obligation to international legal rights instruments which it domesticated. The paper recommends that as part of Nigeria's international obligation, a provision should be made in the Constitution for the purpose of amending the Constitution to make it in consonance with any domesticated international legal rights instrument. The paper adopts the doctrinal research method to collate materials.