Enforcement of economic, social and cultural rights in Nigeria

Abstract

Characterisation of Economic, Social and Cultural rights, under chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as non-justiciable by S. 6(6)(c) of the same Constitution and its implication for state accountability and good governance informed the need for this article. The rights covered under Chapter II of the Constitution and rendered non-justiciable include the rights to education, health care, employment and housing. The performance of government, especially in developing countries is usually assessed by activities in these areas of need since they have direct bearing on the wellbeing of citizens. By rendering these rights unenforceable, S. 6(6)(c) of the Constitution effectively shields political leaders in government from being accountable to the mass majority in the provision of infrastructures and services that they required for a descent life. The same Nigerian Constitution under S. 46 renders enforceable Civil and Political rights in its Chapter IV – the rights to life, liberty, freedom of movement, freedom of Association and religion etc. This article sees the nexus between ECOSOC rights and Civil and Political rights as a justification for the enforcement of ECOSOC rights. This is because you cannot fully enjoy the right to life for example without good health, employment and housing. This paper therefore, recommended amongst others, the enforcement of ECOSOC rights, by expunging S. 6(6)(c) provision from the Constitution and replacing it with a clause that stipulates a minimum percentage of budgets of states and national governments that must be expended annually on ECOSOC related infrastructures and services. This will ensure accountability at all levels of government and actionable in court. The domestication by Nigeria of the African Charter on Human and Peoples‟ Rights endorses the enforcement of ECOSOC rights and further strengthens this process.