Justiciable or Non-Justiciable Rights: A Debate on Socio-Economic and Political Rights in Nigeria (Published)
Justiciable or non-justiciable rights are hot debate in jurisprudence. The 1999 Constitution of the Federal Republic of Nigeria grouped rights into fundamental rights and fundamental objectives. Accordingly, fundamental objectives entail socio-economic and political rights which are non-justiciable in the court of law. However, socio-economic rights are necessary instruments for accountable government and good governance while non-justiciable rights work hardship on the citizens by restricting their rights of redress in the court of law. Non-justiciability is a constitutional cover to bad leadership and corruption. Hence, the investigation into justiciable or non-justiciable rights: a debate on socio-economic and political rights in Nigeria. The paper examined the position of South-Africa Courts’ judgments on socio-economic cases brought before them. The views of pro-justiciability and anti-justiciability schools were also juxtaposed. The study found out that the courts rather judges had upheld socio-economic and political rights as justiciable by inextricably connecting them to justiciable rights. The paper therefore recommends that all ouster clauses in the Constitution be expunged to promote accountable government, strengthen the judiciary and enforce citizen’s rights of redress.
Keywords: Constitution, Rights, fundamental Objectives, fundamental rights, justiciable, non-justiciable