Fundamental Objectives and Directive Principles of State Policy
Introduction
Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended) contains the Fundamental Objectives and Directive Principles of State Policy. These provisions establish the philosophical foundations and policy goals of the Nigerian state, addressing the political, economic, social, and cultural objectives that the government should pursue. Chapter II is expressly non-justiciable: section 6(6)(c) of the Constitution provides that the judicial powers of the courts shall not extend to determining whether governmental action conforms to Chapter II.
Constitutional Provisions
Chapter II (sections 13-24) covers several categories of objectives:
Political Objectives (Section 14)
The Constitution establishes the fundamental political principles of the state:
- Nigeria is a state based on the principles of democracy and social justice
- Sovereignty belongs to the people
- The government shall be for the welfare and security of the people
- The composition of government shall reflect the federal character of Nigeria
Economic Objectives (Section 16)
The state shall manage the economy to promote maximum welfare, freedom, and happiness of citizens. The state shall control the national economy in such manner as to secure the maximum welfare, freedom, and happiness of every citizen.
Social Objectives (Section 17)
The state shall ensure that all citizens have equality of rights, obligations, and opportunities. The state shall direct its policy toward ensuring suitable employment, adequate medical facilities, equal pay for equal work, and protection of the aged and disabled.
Educational Objectives (Section 18)
The state shall direct its policy toward ensuring equal and adequate educational opportunities at all levels. The government shall promote science and technology and shall strive to eradicate illiteracy.
Foreign Policy Objectives (Section 19)
The state shall promote African unity, international peace, and respect for international law and treaty obligations.
Environmental Objectives (Section 20)
The state shall protect and improve the environment and safeguard the water, air, and land of Nigeria.
Directive Principles (Section 21-24)
Additional provisions address the national ethic and orientation, the mass media, and national culture.
Non-Justiciability
Section 6(6)(c) of the Constitution expressly excludes Chapter II from judicial enforcement. The courts cannot entertain actions alleging violations of Chapter II or compel the government to implement its provisions. The rationale is that these provisions address policy choices that are properly within the domain of the political branches of government.
In Archbishop Okogie v A-G of Lagos State (1981) 2 NCLR 337, the Court of Appeal held that the Fundamental Objectives are not enforceable by the courts but serve as guiding principles for governance. The court emphasized that the provisions are intended to guide the three branches of government in their respective functions.
Judicial Approaches to Chapter II
Despite the non-justiciability clause, Nigerian courts have developed creative approaches to give indirect effect to Chapter II:
Interpretation of Fundamental Rights: Courts have interpreted Chapter IV fundamental rights in light of Chapter II objectives. In Gbenrre v Shell Petroleum Development Company (2005), the court linked the right to life (section 33) to the environmental objectives (section 20) to recognize a right to a clean environment.
Legislative Interpretation: Courts may presume that legislation is intended to give effect to Chapter II objectives and interpret statutes accordingly.
Administrative Law: Courts may take Chapter II objectives into account in reviewing administrative action for reasonableness.
Constitutional Reform Debates
The non-justiciability of Chapter II has been the subject of significant debate. Proponents of making Chapter II justiciable argue that economic and social rights should be enforceable as fundamental rights. Opponents argue that Chapter II involves complex policy choices that are inappropriate for judicial determination and that making them justiciable would overwhelm the courts.
Several constitutional review exercises have proposed amendments to make certain provisions of Chapter II justiciable, particularly the rights to education, health, and adequate standard of living. However, no such amendment has been enacted.
Conclusion
Chapter II of the Constitution establishes the fundamental objectives and directive principles that guide governance in Nigeria. While non-justiciable, these provisions express the philosophical foundations of the state and have informed judicial interpretation of enforceable rights. The debate over the justiciability of economic and social rights continues, reflecting broader questions about the role of courts in promoting social and economic justice.