Enforceability of socio-economic rights: Seeing Nigeria through the eyes of other jurisdictions

Abstract

Socio-economic rights are now enforceable in several countries. In Nigeria, the  Fundamental Objectives and Directive Principles of State Policy which contains  detailed provisions on socio-economic rights remain non-justiciable. Nigeria has equally ratified the African Charter on Human and People’s Rights that provide for socio-economic rights which has been adopted into the Laws. However, the Policy is  embedded in the Constitution which has primacy over the African Charter. Also, there are no specific provisions in the Constitution on socio- economic rights. Hence, these rights remain a mirage in Nigeria unlike the position in other jurisdictions. In countries like South Africa, India and some Latin American countries, the enforcement of these rights have been achieved by either merging constitutional provisions with socio-economic rights or the courts giving expansive definitions to the provisions of the Constitution. This author argues that for citizens of Nigeria to enjoy these basic rights, the judiciary must take the centre stage and shed the garb of conservatism. More importantly, the legislature and executive also have active roles to play.