Justiciability of Chapter 2 of 1999 Nigerian Constitution: Akeredolu Challenges NBA to Go to Court

At the ongoing annual conference of the Section of Legal Practice (SLP) of the Nigerian Bar Association (NBA), Governor Rotimi Akeredolu of Ondo State argued that Chapter 2 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) ought to be justiciable, that is, enforceable against the government through civil suits instituted by Nigerian citizens.

Chapter 2 of the 1999 Constitution (as amended) contains the Fundamental Objectives and Directive Principles of State Policy. Provisions under the chapter include Section 17(3)(a) which provides that “The State shall direct its policy towards ensuring that all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment” ; and Section 18(1) which provides that “Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.”

The Ondo State Governor noted that the current position of the law in relation to the non-justiciability of Chapter 2 of the 1999 Nigerian Constitution was a court verdict and the courts, especially the Supreme Court, could be approached to revisit and reverse the position.

Akeredolu called on the NBA to take up the challenge of approaching the court to seek a declaration that Chapter 2 of the 1999 Nigerian Constitution is justiciable.

Akeredolu said: “I don’t believe it is not justiciable. Yes, there are decisions to that effect, but I believe that decision can be revisited depending on how we approach it.

The Bar Association (NBA) is in position to take this matter up and see what happens. At the end of the day, when we are through with it, it will put paid to all these issues.”

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