Senior Advocate of Nigeria, Afam Osigwe, has called for an extensive review of the 1999 constitution, emphasizing that such bold steps are necessary to enhance the justice system and governance in Nigeria.
Osigwe made this appeal on Friday during a lecture organized by the Sagamu Branch of the Nigerian Bar Association as part of its Law Week celebration. The lecture, titled “The Justiciability of the Fundamental Objectives and Directive Principles of State Policy: Prospects for National Economic Reintegration,” saw Osigwe represented by the NBA chairman in Keffi, Nuhu Egya.
In his address, Osigwe highlighted the importance of the fundamental objectives and principles of state policy enshrined in Chapter Two of the 1999 Constitution, which outline the socio-economic and political aspirations of Nigeria. He stressed that these provisions mandate the government to promote democracy, social justice, and enhance the economic and welfare status of Nigerians.
“For instance, under Section 16 of this chapter, the constitution provides for suitable and adequate shelter, food, a reasonable national minimum living wage, old age care and pensions, unemployment, sick benefits, and welfare for the disabled for all citizens,” Osigwe noted.
However, he pointed out a significant flaw: the classification of these provisions as non-justiciable under Section 6 (6) (c) of the constitution, which means 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, a reasonable minimum wage, or standard educational facilities,” he explained.
Osigwe cited examples of democratic nations like India and Pakistan, which have successfully integrated socio-economic rights into their legal frameworks, ensuring that their citizens enjoy these rights fully. He argued that adopting a similar approach in Nigeria would align the country with international best practices, promoting human rights and social justice.
At the same event, the Chairman of the NBA Sagamu Branch, David Efuwape, urged his colleagues to remain committed to using their legal training to promote social justice and order in society. Efuwape emphasized that the choice of the lecture topic was intended to reawaken lawyers’ sense of duty to effect positive societal change.
“It should not all be about money but what we can also do to bring about positive change,” Efuwape said. He referenced the legacy of Gani Fawehinmi, noting that while Fawehinmi might be gone, his contributions towards upholding justice and holding leaders accountable remain memorable. “As lawyers, we should not be scared to go to court to challenge whatever we think is right or wrong as long as it will make life more comfortable for all,” he concluded.
