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By Dr Genevieve Ohaeresaba, LLB (Hons), BL, MSc Crime & Criminal Justice, MA Terrorism & Security Studies, MA Social Work, PhD (Philosophy) in Sociology, Criminology & Security Studies, Certified Problem‑Solving Crime Analyst (UK), Social Work England RegisteredBarrister & Solicitor, Supreme Court of Nigeria | Founder,Cjusos.com
For Nigeria to deliver meaningful governance, we must confront a constitutional reality that has limited citizens’ rights for decades: the non‑justiciability of Chapter II of the 1999 Constitution. These provisions describing the State’s duties on security, welfare, education, health, social protection, and economic justice remain categorised asFundamental Objectives and Directive Principles of State Policy. They are aspirational, not enforceable. As a legal practitioner of 18 years standing and a researcher on Nigeria’s criminal justice system, I argue that this framework has denied Nigerians the full benefit of governance.
1. A Social Contract Without Enforceability Cannot Protect Citizens
Democratic governance is grounded in the social contract: citizens surrender certain freedoms in exchange for protection and welfare. When the State fails to deliver these obligations, accountability must follow. Yet accountability is impossible where constitutional duties cannot be enforced in court. Nigerians are left withpromises, notrights.
2. ‘Security’ Must Reflect Modern Realities
Globally, the concept of security has evolved. The United Nations recogniseshuman securityfood, health, education, livelihood, and protection from violence as essential to national stability. A child detained without legal representation, or a community without access to healthcare, is experiencing insecurity. Chapter II speaks directly to these issues, yet its provisions cannot be invoked before a judge. This gap undermines justice, citizens welfare and development.
3. Aspirational Duties Create Space for Corruption and Neglect
When constitutional responsibilities are framed as optional, they become vulnerable to political discretion. Governments cannot be compelled to budget for, or deliver, what courts cannot enforce. This creates fertile ground for policy neglect, inconsistent service delivery, and corruption. Citizens receive charity instead of rights.
4. The Path Forward: Legislation That Gives Chapter II Legal Force
The solution lies in legislative action. The National Assembly can enact statutes that translate Chapter II into binding obligations on federal, state, and local authorities. Other jurisdictions offer useful models.
In the United Kingdom where I am also registered with Social Work England, Parliament has not left social protection to aspiration.
These laws make the social contract real. Citizens can challenge failures in court. Nigeria can adopt a similar approach.
Nigeria requires a new legislative framework, including:
5. My Contribution: Law, Evidence, and Practice
With 18 years of legal practice, doctoral research inside Nigeria’s justice system, and over a decade working within UK statutory frameworks, I have seen how enforceable duties transform governance. Law reform without evidence fails. Evidence without legal force also fails. Nigeria needs both.
I am committed to supporting this transformation by providing:
Conclusion
Until Nigerians can seek judicial remedies when the State fails to secure their welfare, safety, education, or economic dignity, governance will remain performative. The Constitution must mean what it says. Making Chapter II justiciable is not only a legal reform, it is a pathway to a more secure, equitable, and accountable Nigeria.
Strengthening judicial independence through transparent appointments and tenure security.
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Evidence-Based Legal Reform for West Africa
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