RECALIBRATING THE DIRECTIVE PRINCIPLES OF STATE POLICY AS AN ENFORCEABLE COMPONENT OF THE NIGERIAN CONSTITUTION
Keywords:
Recalibrate, Constitution, Fundamental Rights, Non-justiciability, Directive Principles, Socio-economic rightsAbstract
The constitution of every country is the grundnorm that binds its citizens, persons, institutions, government, authorities and the State. The supremacy of the Nigerian Constitution is so fundamental to the extent that where there is conflict with other laws, the provisions of the constitution prevails over such laws. The fundamental rights provisions are contained in chapter IV of the Nigerian constitution and are justiciable. The other category of rights which in loose terms are also regarded as fundamental rights, are contained in chapter II of the Nigerian constitution. The rights provided for in chapter II of the constitution are socio-cultural, political and economic rights which are not justiciable and therefore, not enforceable. It is on account of this dichotomy that this paper seeks to interrogate the rationale behind the non-enforceability of chapter II of the constitution which dwells on Directive Principles of State Policy. The need to recalibrate and amend the provisions of chapter II of the 1999 Constitution conform to similar provisions of other countries including India, South Africa and the United Kingdom for effective enforcement mechanism, becomes imperative.
