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There is an old man who has no home and has been abandoned by his wife and children because he cannot afford to take care of them.He cannot pay the children's school fees and he cannot house them.This old man is a law - abiding citizen of Nigeria who will never venture into crime.He finds it extremely difficult to even feed himself. This is a man who has put thirty - five years of service into the service of his fatherland.As a pensioner, the stipend he is paid every month is not paid regularly. As if this was not enough, this same man was robbed of the little he had by hoodlums in an uncompleted building where he uses as a make - shift shelter.
Frustrated, this old man has decided to sue the Government of the Federal Republic of Nigeria to enforce his socio - economic rights such as his right to shelter, his right to security and welfare and his children's right to education.Can he succeed in this action?
THE LEGAL POSITION
Chapter II of the 1999 Constitution of the Federal Republic of Nigeria provides for the specie of rights featured in the above scenario.This is the part of the constitution that deals with the fundamental objectives and and the directive principles of state policy.The rights dealt with in this aspect of the constitution are regarded as socio - economic rights which are different from the civil and political rights provided for in chapter IV of the same constitution.
As elegantly drafted as the chapter II of the Constitution is, the unfortunate thing about it is that all the rights provided therein are not enforceable. Section 6 (6)(c) of the Constitution places a serious limitation to all the rights contained in chapter II of the Constitution.It provides thus:
The judicial powers vested in accordance with the foregoing provisions of this section -
c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution...
Therefore, in view of the above provisions, the old man in the above scenario cannot succeed in that action.This also explains the reason why you cannot sue the Federal government to enforce your right to enjoy social amenities like good roads and uninterrupted power supply.
See you again tomorrow. Do have a nice day!
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