FORMER Director-General, Nigerian Institute of Advanced Legal studies Prof. Epiphany Azinge (SAN) has said most socio-economic rights should no longer be dismissed for being non-justiceable.
Azinge observed that realities had made a constitutional amendment imperative so Nigerians could enforce socio-economic rights in court.
The don referred to Chapter Two of the 1999 Constitution under the Fundamental Objectives and Directive Principles of State Policy,
Azinge said: “The provisions of Chapter Two of the 1999 Constitution dates back to 1979 – hence we posit it is now 40 years old. Yes, it is not uninterrupted 40 years, but still 40 years since 1979. The critical questions are, is the provision truly non-justiciable? Secondly, has it served its purpose?
“Scholars are not wholly agreed that the provisions of Chapter two are non-justiciable. Indeed some posit that properly analysed, Section 6 of the 1999 Constitution did not oust the intervention of the court.
“A dominant position however is that the chapter is merely directive principles of state policy and therefore non- justiciable. The challenge however is that aside non-justiciability, scant regard is given to that provisions of the Constitution.”
According to him, neither the judiciary nor legislature, even the executive considers it as fundamental objectives to be given serious consideration of good governance in Nigeria.
He explained that this was why the Prof. Epiphany Azinge Foundation was organising her yearly lecture on the issue.
Azinge said: “I remain a strong proponent of the view that the provisions of the constitution are justiciable. Space may not permit me to canvass my argument in this regard. But in my co-edited book “Justiciability and Constitutionalism’’; my position is well documented.
“I am, by convoking the annual lecture of my foundation, resolutely committed in leading advocacy on the need to enforce the provisions of Chapter 2 of the Constitution. I hope that it is only a matter of time and my advocacy will yield the desired dividends.
On whether Nigeria should follow the Indian example to make the whole chapter non-justiceable, the senior advocate disagreed.
Azinge said: “Not exactly. India still retains exactly the same provisions of chapter 2 on fundamental objectives and directive principles of state policy.
“However, the judiciary in India through judicial activism have been able to achieve enforceability through a harmonious contruction of chapter two of the constitution and chapter four of the constitution dealing with fundamental human rights.
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“It is instructive to note that in my pursuit of advocacy in this regard, I had to invite the highly revered Hon Justice Bhagwatti, formerly Chief Justice of India, to speak to Justices of the Supreme Court of Nigeria on the ingenious method of the Indian judiciary.
“This was during my watch as Director-General of Nigerian Institute of Advanced Legal Studies. It was quite a productive engagement. In my mind, this could well be another way of handling the matter.
“The truth which is most evident is that socio-economic rights can no longer be dismissed as non- justiciable in this era and time. All three arms, particularly the executive and legislature must find a way to vitalise the provisions of Chapter 2 of the Constitution.
Speaking on what informed the choice of the topic for discussion this year, he said: “The choice of the topic was informed by the fact that 40 years is a lifetime in the history of a nation.
“As one who has devoted my life to pursuing the justiciability of Chapter 2 of the constitution, I believe that we must strive to keep the conversation permanently on the front burner of national discourse and I have used my foundation’s annual lecture to drive the process. I cannot pre-empt the lecturer at this point in time.
He continued: “However, I believe that the lecture will be stimulating and there are bound to be food for thought for members of the polity.
“We have invited members of the legislature and executive arms of government to listen to Hon Justice C.C. Nweze of the Supreme Court and take their bearing from there.
“If there is a follow up action flowing from this engagement, then I would have played my part. Ultimately I would have lived my dreams should chapter 2 of the constitution be made justiciable/enforceable 40 years since its first engagement in 1979.’’
The Epiphany Azinge Foundation holds its lectures series on November 13, at the Shehu Musa Yar’Adua Centre, Abuja at 11 am. The theme of the lecture is: Nigeria- 40 years of engagement with the fundamental objectives and directive principles of state policy, to be delivered by Justice Centus C. Nweze
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