AN OVERVIEW OF THE JUSTICIABILITY OF THE FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY UNDER THE 1999 CONSTITUTION

The constitution has provided guidelines of the fundamental objectives of good governance which frames the directive principles of state policy. Thus when we talk about clueless and visionless leaders, we are talking about the inept leadership that is not concerned with the growth of society but with the enlargement of their greed and self aggrandizement. There are sufficient guidelines in our constitution to give sight to the politically blind and propagate a new generation of responsible leadership.

 

A lot of our leaders go through Life appropriating the resources of society and stealing from the poor. They are basically illiterate in many cases or under educated but today they have acquired doctorate degrees without understanding the complexities of administrative economics. They also insist on their chieftaincy titles as if it immunes them from been properly addressed for their political larceny and criminal encroachment into governance.

 

The fundamental objectives and the directive principles of state policy are expedient  goals and policies to be pursued by the various arms of governments in Nigeria which are declaratory and advisory of the best ways to organize ourselves to achieve socio economic, political,  and cultural  development of our society in the backdrop of the diversity, heterogeneity ,pluoformity, pluralism of the ethnic, religious compositions, tribal and social groupings which informed the adoption of the federal constitution aimed at promoting a good life for all Nigerians by provoking collective development.

 

Thus under section 13 of the 1999 constitution, it is stated thus:

It shall be the duty and responsibility of all organs of government and of all authorities and persons exercising legislative, executive, or judicial powers to conform to, observe and apply the provisions of this chapter of this constitution.

 

Section 13 provided for the fundamental obligations of the government.

 

The role of Government and the people (14) the political objectives (15) The Economic Objectives (16) the social Objectives (17) The Educational Objectives. (18) The foreign policy Objectives (19) The Environmental Objectives (20) Directives on Nigeria culture (21) Obligation of the mass media (22) National Ethics (23) and Duties of the citizen (24).

 

The political Objectives provides for the national integration as a policy of state through encouragement of mobility of people, goods and services, residence rights for every citizen in all parts of the federation, promotion of inter ethnic marriage and associations.

 

It is also the economic Objectives of state to harness the resources of the Nation and promote national prosperity.

 

In the social objectives, stipulates that the state social order is founded on the ideals of freedom, equality and justice before the law.

 

Under the educational objectives, Government shall direct its policy towards ensuring that there are equal and adequate opportunities at all levels.

 

The foreign policy objective remains the promotion of African integration, and promotion of international co operation respect for international law and just world economic order. The environmental objectives envisions safeguards for water, air land, forest and wild life of Nigeria whilst the directives on Nigerian culture envisions its promotion to enhance human dignity and to encourage development of technological and scientific studies which enhance cultural  values. The objectives on the mass media is towards the promotion of a free press whilst the objectives on national ethics shall be the promotion of discipline, integrity, dignity of labour, social justice, religion tolerance, self reliance and patriotism amongst others.

 

These provisions are mere ideals, declaratory, advisory and patently not justifiable. For instance the educational objective provides “government shall direct its policy towards ensuring that there are equal and adequate educational opportunities for all” appears desirable but unrealistic. In the circumstance ,can a citizen denied access to such opportunities of equal and adequate educational opportunities which provides for free compulsory universal basic primary education, free secondary education, free university education, and free adult literacy programme  resort to court for a remedy? Or can a citizen go to court that the government had failed to encourage and provide him the opportunity for inter tribal marriage?

 

Thus section 13 appears to conflict with other provisions of the constitution and in particular, S.6  (6)(c) which excludes the jurisdiction of the courts on issues relating to the contravention of the provisions in this chapter in respect of the fundamental objectives and directive principles of state policy.

 

According to Professor Akande “It would appear therefore that the duty and responsibility on all organs of governments is limited to the extent that the judiciary cannot enforce any of the provisions of the fundamental objectives and  direct principles of state policy under the 1999 constitution and thus to that extent, the executive do not necessarily have to comply with any of the provisions unless and until the legislature have enacted specific laws for the enforcement”

 

In Archbishop Anthony Okogie V AG of Lagos state (1981) INCLR 218. It was held that the directive principle of state policy has to conform and run subsidiary to the fundamental rights and is subject to legislative powers conferred on the state.

 

Inevitably, the federal and state governments have remained criminally negligent in providing functional essential services to the Nigeria people. Our democratic values remain under explored, derogatory, and perhaps denied. The immunity clauses provided for our leaders ensures that they are neither interrupted nor prosecuted for a term in office.

 

It is doubtful whether the present constitution and or any amendments made would bring about a humane and just society when the judiciary remains corrupt and the police patently ineffective, corrupt and over centralized. We need a new approach to governance and a cultural revolution of sort that demands a higher level of integrity for our leaders.

 

In leadership, Character is every thing.

 

 

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