Realisation of socio-economic rights in Nigeria: a comparative study

This research aims to examine the recognition and enforcement of Socio-Economic Rights (SERs) in Nigeria. Its protection has created debated issues by academics and there are varying discussions regarding its status and these differing views have continued to have a negative impact on its significance, thereby increasing the level of poverty in the Country. Although, several international and regional treaties protect SERs and such instruments have been domesticated by various states, Nigeria inclusive, the picture remains dismal in terms of effective realisation and protection in Nigeria. Studies have shown that the status of SERs in Nigeria is hinged to its history, which has continued to hinder its progress.

With the domestication of the African Charter on Human and Peoples’ Rights in Nigeria, there has been an inundation of debates in literature that the effect of incorporation of the treaty into domestic legal framework is to render SERs justiciable. Ironically, the Constitution of the Federal Republic of Nigeria 1999 (as amended) considers SERs as non-justiciable, thus non-enforceable. It is important to note that the realisation of SERs is crucial to overcoming the challenges of abject poverty the country is currently facing. Till date, its enforcement remains a challenge.

This study aims to consider alternative approaches towards its protection. To aid my analysis, this study undertakes a critical evaluation of the status of SERs in Nigeria, as well as the possible challenges that may be faced towards its realisation, in addition, provisions from other national constitutions such as Kenya and South Africa, Regional and International human rights instruments will equally be examined, integrating them with relevant literature on SERs. The aim is to analyse common themes in the various jurisdictions listed above, by seeking the factors that perhaps may have assisted in adopting approaches towards the protection of SERs and recommending such to the Nigerian Government.

To this end, this study argues for the adoption of a transformative and integrated approach which combines both a progressive aspect of a minimum core and the reasonableness approach in deciding SERs cases. The study equally recommends other approaches that have been effectively adopted in other jurisdictions. The researcher argues that for Nigerians to enjoy their basic rights, the various arms of Government, especially the Judiciary must take the centre stage.