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AN ANALYSIS OF THE NON – JUSTICIABILITY OF CHAPTER II OF THE NIGERIAN CONSTITUTION: ENFORCEMENT, EXCEPTIONS AND RECOMMENDATIONS

AN ANALYSIS OF THE NON – JUSTICIABILITY OF CHAPTER II OF THE NIGERIAN CONSTITUTION: ENFORCEMENT, EXCEPTIONS AND RECOMMENDATIONS

The Constitution of the Federal Republic of Nigeria 1999 (as amended) establishes Chapter II as a set of Fundamental Objectives and Directive Principles of State Policy, outlining ambitious socio-economic, political, and developmental goals aimed at
promoting citizen welfare, national unity, and equitable governance. Despite forming part of the supreme law, these provisions are largely rendered non-justiciable by Section 6(6)(c), which ousts the jurisdiction of courts from entertaining claims regarding
government compliance or failure to implement them. This creates a significant gap between constitutional promises and enforceable rights, often reducing lofty ideals to mere political aspirations dependent on the goodwill of leaders. This paper examines the historical origins of Chapter II, tracing it to the 1979 Constitution and the recommendations of the Constitution Drafting Committee. It analyses key arguments supporting non-justiciability, including resource constraints, the doctrine of progressive realization, potential inter-branch conflicts, and the risk of raising unfulfilled public expectations.

Keywords: Chapter II, Nigerian Constitution, non-justiciability, Fundamental Objectives, Directive Principles of State Policy, Section 6(6)(c).

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