Social Welfare Rights of Citizens under the 1999 Constitution

By Ivor Takor, mni, Esq.

Social welfare refers to the well-being of individuals and groups within a society, encompassing various dimensions such as health, economic stability, education, housing, and overall quality of life. It involves a range of services and policies designed to support and improve the living conditions of citizens, particularly those in need or at risk. 

Governments and organizations often implement social welfare programs to address issues like poverty, unemployment, and social inequality, ensuring that all members of society have access to basic needs and opportunities for a decent standard of living.

In a thriving democracy, the well-being of its citizens is paramount. The Constitution of the Federal Republic of Nigeria, 1999 (as amended), contains several provisions aimed at ensuring the social welfare of citizens. 

Section 16 of the Constitution outlines the state’s economic objectives to ensure the prosperity and welfare of citizens. It mandates the state to: utilize national resources to promote prosperity and a self-reliant economy; control the economy to secure maximum welfare, freedom, and happiness based on social justice and equality; and promote planned and balanced economic development, support agriculture and industry, and protect the environment.

These directives emphasize the state’s role in fostering economic growth that benefits all citizens, reduces inequality, and provides opportunities for everyone.

Section 17 focuses on social objectives, emphasizing social justice and equal opportunity. It mandates the state to: promote a social order where justice, social equality, and individual dignity are paramount; ensure that every citizen has equal rights, obligations, and opportunities before the law; promote education and ensure equal and adequate educational opportunities at all levels; and ensure all citizens have the opportunity for adequate livelihood and suitable employment, preventing exploitation and unsuitable occupations.

By embedding these objectives, the constitution underscores the importance of a fair and just society that respects and promotes individual rights and dignity.

Section 18 underscores the state’s commitment to educational development. It mandates the government to: provide free, compulsory, and universal primary education; offer free university education and adult literacy programs; promote science and technology education; and ensure equal and adequate educational opportunities at all levels.

This focus on education reflects a belief in its transformative power and its crucial role in enabling citizens to contribute meaningfully to society.

Section 34 emphasizes the inherent dignity of every individual. It guarantees: freedom from inhuman treatment, ensuring respect for personal dignity and prohibiting torture or degrading treatment; and prohibition of slavery and forced labour, ensuring no one is held in servitude or required to perform compulsory labour.

This section protects fundamental human rights, ensuring that the dignity of all citizens is upheld.

The Constitution, through Sections 16, 17, 18, and 34, lays a robust foundation for citizens’ welfare. By mandating economic justice, social equality, educational advancement, and human dignity. These provisions aim to build a society where every individual can achieve their full potential. 

These sections collectively underscore the government’s responsibility to create an environment that supports the well-being and development of its citizens, promoting a prosperous, just, and equitable society for all.

However, it is important to note that Chapter II, which contains the Fundamental Objectives and Directive Principles of State Policy, is not justiciable, meaning that it is not enforceable by any court of law. Instead, it serves as a guiding principle for the government in formulating policies and governance.

Nigeria’s significant economic growth in recent decades has not uniformly benefited all its citizens. Key issues include:

High income inequality: the income inequality or wealth inequality within the nation remains high, with wealth concentrated among a small elite while many live in poverty; persistent poverty despite GDP growth, with a large percentage of Nigerians living below the poverty line; and the country having one of the highest numbers of people in extreme poverty.

High rates of unemployment and underemployment, particularly among youth, indicate that growth has not been inclusive or job-rich.

Inadequate infrastructure and services, which include poor access to electricity, clean water, healthcare, and education, exacerbate inequality and limit the benefits of growth.

Corruption and mismanagement of public funds hinder equitable resource distribution and development. Again, many Nigerians lack the education and skills needed for higher-paying and more productive jobs.

Overall, to translate economic growth into widespread benefits, Nigeria needs policies focusing on inclusive growth, reducing inequality, and enhancing access to opportunities and resources.

Claiming that Nigeria is entirely fair just oversimplifies the situation. Despite some progress, significant challenges remain; these include but are not limited to issues like police brutality, extrajudicial killings, and unlawful detentions, highlighted by the EndSARS movement.

Corruption, inefficiency, and a lack of independence undermine the rule of law and hinder justice. Pervasive corruption also affects government and public institutions, impeding resource distribution and eroding public trust.

Women and girls face barriers in education, economic opportunities, and political participation and suffer from violence and inadequate legal protection. While discrimination and violence based on ethnic and religious identities disrupt social cohesion and fair treatment,.

Journalists and activists face harassment and violence, with restrictions on freedom of speech and assembly. 

High poverty levels and economic inequality limit opportunities and access to basic services, undermining social justice.

Nigeria needs comprehensive reforms and effective implementation of laws and policies to address these systemic issues and ensure fairness and justice for all citizens.

On education, equal and adequate educational opportunity is lacking in Nigeria due to several factors: many families, particularly in rural and disadvantaged areas, cannot afford education costs such as fees, uniforms, and textbooks, disproportionately affecting low-income children; girls, especially in northern Nigeria, face obstacles like early marriage, cultural norms, and security threats from groups like Boko Haram, leading to lower enrollment and higher dropout rates; public schools often have inadequate infrastructure, insufficient teaching materials, and poorly trained and underpaid teachers, affecting student learning outcomes.

To mitigate the impact of a poor public education system on their children’s lives, affluent members of society have turned to private educational institutions within the country or have opted to send their children abroad for schooling.

Other issues include: ongoing conflicts, particularly in the Northeast, disrupt education, with schools targeted by militant groups, leading to closures and fear; limited provisions for children with disabilities mean that inclusive education is not widely practiced; and many special needs children lack appropriate resources.

While there are policies aimed at improving education, inadequate funding, poor implementation, and corruption hinder progress. Efforts from the government, private sector, and international partners are needed to address these disparities and ensure access to quality education for all children.

Forced and compulsory labour remains a significant issue in Nigeria, despite government efforts to protect human rights and dignity. Key points include human trafficking. Nigeria is both a source and a destination for human trafficking, involving forced labour in domestic servitude, street vending, mining, and agriculture. Trafficking networks often operate with impunity due to weak law enforcement and corruption.

Child labour is prevalent in sectors like agriculture, mining, domestic work, and street trading. Many children work in hazardous conditions, with inconsistent enforcement of child labour laws. Economic hardship is driving families to send their children to work.

Debt bondage, particularly in rural areas, is responsible for individuals being forced to work under exploitative conditions to repay loans. Also, many domestic workers, especially women and girls, face forced labour, physical and emotional abuse, long hours, and little or no pay.

Despite having laws against forced and compulsory labour, Nigeria struggles with weak enforcement due to corruption, resource shortages, and inadequate law enforcement training. The government, NGOs, and international partners have made efforts, such as anti-trafficking laws and awareness campaigns, but systemic challenges hinder progress. 

Although Nigeria is committed to international conventions against forced labour, there is a significant gap between policy and practice. Addressing this issue requires better law enforcement, stronger implementation of existing laws, and comprehensive support for vulnerable populations.

Comprehensive and consistent enforcement of laws, along with efforts to address economic hardships, are needed to combat forced labour and protect citizens’ rights.

Chapter II of the Constitution outlines important social, economic, and cultural rights and goals but is not justiciable, meaning they cannot be directly enforced in court. To ensure these aspirations are met, several steps can be taken, such as constitutional amendment, which would require broad political consensus and legislative effort. Parliament can pass laws that operationalize these principles, such as statutes on education, healthcare, housing, and social security.

The other method is through judicial interpretation, whereby courts can interpret other justiciable constitutional provisions in light of the Directive Principles to indirectly enforce them.

The government can prioritize these principles in policy formulation and implementation, focusing on poverty reduction, healthcare, education, and environmental protection.

Civil society, the media, and the public can advocate for the realization of these principles, increasing awareness, and pressuring the government.

A helping hand can come through international organizations, and adopting best practices from other countries can provide valuable insights and resources.

These steps can help transform the Directive Principles into actionable and enforceable policies.

In summary, while making Chapter II justiciable would be the most direct way to address its provisions, a combination of legislative action, policy implementation, judicial interpretation, public advocacy, and international cooperation can significantly contribute to realizing the lofty goals set out in these non-justiciable principles. Without these actions, the welfare and wellbeing of citizens will remain unattainable under the current system of governance.

Source: @loyalnigeria