ATTORNEY General of the Federation and Minister of Justice, Abubakar Malami, SAN canvassed for a system that will make social, economic and cultural rights of Nigerians become justiciable.
To him, the realisation of civil and political rights without the enjoyment of the affiliated economic, social and cultural rights would be impossible.
Delivering a keynote address at the 3rd annual lecture series organised by the Epiphany Azinge Foundation with the theme “Nigeria–40 years of engagement with fundamental objectives and directive principles of state policy” held at Shehu Musa Yar’Adua Centre, Abuja on Wednesday, Malami said human rights are universal, indivisible, interdependent, and interrelated.
This was contained in a statement issued by Dr Umar Jibrilu Gwandu, the Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN and made available to newsmen on Thursday.
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Describing the provision of social, economic and cultural rights as a form of the social contract between Government and the people, the Minister said the provisions of those rights will avail every Nigerian citizen the acceptable yardstick for assessing the performance of Government and its political parties.
Malami, who was represented at the occasion by the Permanent Secretary, Ministry of Justice and Solicitor General of the Federation, Mr Adedayo Apata, SAN said that there was the need for the enlargement of human rights concepts in which economic, social and cultural rights are duly incorporated in Chapter IV of the Constitution of the Federal Republic of Nigeria as justiciable rights.
According to the Minister, doing that will clearly be in tune with the progressive global trend that has drifted to the justiciability of socio-economic rights of the citizens, such as the Optional Protocol on the International Covenant on Economic, Social and Cultural Rights adopted by the United Nations General Assembly on December 10, 2008.
“It is, therefore, my submission, that though the Chapter II Rights retains their toga of non-justiciability, the Courts including the Supreme Court have made several pronouncements on the need to observe and implement the provisions of the fundamental objectives that incorporate the social contract between the people and their Government.”
“It further remains my view that notwithstanding the fact that the provisions of the Fundamental Objectives and Directive Principles of State Policy are considered non-justiciable by virtue of Section 6(6)(c) of the 1999 Constitution, in view of the fact that same forms part of fundamental objectives of Government, deliberate efforts should be made to commence the implementation and attainment of Chapter II objectives,” he said
He noted that there was the need for the Nigerian State to move along with the International Community in upgrading its Chapter II rights into Chapter IV Rights thereby initiating the socio-economic improvements of the Nigeria Citizens.
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