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 Periodical article |
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| Title: | Beyond Justiciability: Realising the Promise of Socio-Economic Rights in Nigeria |
| Author: | Ibe, Stanley |
| Year: | 2007 |
| Periodical: | African Human Rights Law Journal |
| Volume: | 7 |
| Issue: | 1 |
| Pages: | 225-248 |
| Language: | English |
| Geographic term: | Nigeria |
| Subjects: | social and economic rights lawsuits Law, Human Rights and Violence Economics and Trade |
| Abstract: | While Nigeria's 1999 Constitution recognizes socioeconomic rights in chapter II, a strict interpretation of section 6(6)(c) of the same Constitution makes these directive principles of State policy unenforceable in the courts. The author challenges the Nigerian judiciary to adopt the Indian model of integrative jurisprudence, whereby violations of socioeconomic rights can be remedied by reference to their relationship with civil and political rights. The success of socioeconomic rights litigation in India is further attributable to the liberal attitude to public interest litigation. This is also uncommon in Nigeria, where litigants almost always have to establish locus standi to access the courts. In addition, the author posits that the African Charter on Human and Peoples' Rights provides a useful reference tool for domestic enforcement of socioeconomic rights. Besides justiciability, however, there are other factors which militate against the realization of the promise of socioeconomic rights in Nigeria. These include corruption and inept leadership, poverty and ignorance, and the absence of a human rights culture. Even if socioeconomic rights were to become immediately justiciable in Nigeria their effective implementation would still not be guaranteed, as enforcement of decisions could then become a major issue. In the final analysis, only a multisectoral and multidimensional approach involving all arms of government and civil society can guarantee the promise of socioeconomic rights. Notes, ref., sum. [ASC Leiden abstract] |