Read this and Get Something Right About Being a Nigerian: A Short Piece on Chapter 2 of the 1999 Constitution By Badmus Uthman Olayemi

It was recently discovered that the Nigerian 1999 constitution is full of irregularities and to the extent of it, a single section of a certain chapter rendered a whole subsequent chapters useless, ineffective and unenforceable. The draftsmen, grund norm, and the entire ruling/upper class didn't and yet do not want a good social life/order  for the middle and lower class among Nigerians.

A careful look Into Chapter 2, most especially section 16, 17, 18 and 20 of the constitution. Wherein, what should be fundamental rights are constitutionally stated as fundamental objectives and directives of the government. This is a serious setback for the rapid growth and development of this country and also an impediment for a good social order of Nigerians.

For the purpose of this discussion, fundamental rights are entitlement of citizens which are enforceable in the court if infringed by any person, institution or authoritiy. While on the contrary, governmental objectives are mere duties which are not legally binding, and constitutionally not enforceable in the court. By implications, whatever that is stated under the Chapter 2 of the FRCN is not your right, not compulsory/binding on the government to provide it for you and not enforceable in any court in Nigeria. As provided by virtue of section 6 (6) (c) of the constitution.

Section 18 sub 3 (a) (b) (c) and (d) provides for free education right from primary up to university level. Then we may begin to ask, since the constitution provides for this, then, is it your right? Can you enforce it if the government fails in it provision?. Also section 17 (3) (a) (c) (d) (e) (f) (g) and (h) which provides summarily means of livelihood (job), good health system, equal income among other social order including other social, economical, environmental and educational right turn objectives. 

These are practically what Nigerians should enjoy as their fundamental rights. However, as good as these provisions are, they are also as useless as they are. These provisions are just black on white without any effect. This is because, these social order, free education, good health system... are subject to the discretion of the government. Meaning that, the government is not under any whatsoever obligation to provide these for any body/citizen of whatever.

As mentioned earlier, a particular section under Chapter 1 part 2 of the 1999 constitution,  section 6 (6) (c) of the 1999 constitution as amended, constitutionally and legally denied Chapter 2 of it right to life, rendered it useless, and makes it a dead law. It rendered it useless by excluding the powers of the Judiciary from entertaining any matter of whatsoever relating to Chapter 2 to the extent of protecting any act or omission by persons and authorities in government even if it contravenes the provisions of Chapter 2.

In summary, conclusion and observation, Nigerians have a better far provisions in their constitution, therefore it is of no relevant to clamor for a new constitution. What should be done is fair amendment of the constitution, unbias judicial review, and equitable judicial interpretations. Also, section 6 (6) (c) should be amended in order to give life to Chapter 2 of the constitution. If Chapter 2 should have an enforceability life, then we are good as a nation.

Badmus Uthman Olayemi

+2348111496013

badmusuthman1999@gmail.com