A Senior Advocate of Nigeria, Afam Osigwe, has advocated for a comprehensive review of the 1999 constitution, emphasizing that such measures would enhance the justice system and governance in the country.
According to The PUNCH, this call was made on Friday during a lecture organized by the Sagamu Branch of the Nigerian Bar Association as part of its Law Week celebrations.
Osigwe, represented by Nuhu Egya, the NBA chairman in Keffi, addressed the theme, ‘The Justiciability of the Fundamental Objectives and Directive Principles of State Policy: Prospects for National Economic Reintegration’.
He highlighted that the fundamental objectives and principles of state policy outlined in Chapter Two of the 1999 Constitution (as amended) form the foundation for Nigeria’s socio-economic and political goals.
He elaborated, stating, “The government is expected to promote democracy, social justice order, and enhance the economic and welfare status of Nigerians.” Under section 16 of this chapter, the constitution stipulates that adequate shelter, food, a reasonable national minimum living wage, old age care and pensions, unemployment and sick benefits, and welfare for the disabled should be provided for all citizens.
However, Osigwe pointed out a significant limitation, “As lofty as these constitutional provisions are, their classification as non-justifiable according to section 6 (6) (c) means that they cannot be legally enforced in a court of law. In other words, you cannot sue the government for not providing pipe-borne water, good roads, good minimum wage, standard educational facilities among others.”
He noted that many democratic nations, including India and Pakistan, have effectively integrated socio-economic rights into their legal frameworks, ensuring their citizens fully enjoy these rights.
He argued that adopting a similar approach in Nigeria would align the country with international best practices, fostering human rights and social justice.
The Chairman of the NBA, Sagamu Branch, David Efuwape, also spoke at the event, urging his colleagues to remain dedicated to using their legal expertise to promote social justice and order.
“Part of the reason we chose this topic for our celebration is to reawaken our sense of duty to impact society for good,” he said. “It should not all be about money but what we can also do to bring about positive change,” he said.
Efuwape reflected on the legacy of Gani Fawehinmi, stating, “Fawehinmi might have gone but his contribution towards upholding justice and holding leaders accountable would forever remain memorable. So as lawyers, we should not be scared to go to court to challenge whatever we think is right or not as long as it will make life more comfortable for all.”
