31/08/2026
MY REFLECTIONS ON DAY THE NBA ANNUAL GENERAL CONFERENCE (SERIES 2).
NIGERIA: A NATION UNDER CONSTRUCTION
Sitting through the Day 4 plenary session, titled "Nigeria Under Construction," I found myself grappling with an uncomfortable reality. While the hall buzzed with debates on national progress, economic recovery, and institutional growth, the central question lingered: can a nation truly be "under construction" when the legal framework governing public welfare remains fundamentally non-enforceable?
The discussion naturally turned to Chapter II of the 1999 Constitution (as amended) the - Fundamental Objectives and Directive Principles of State Policy. This portion of our grundnorm outlines the core duties of the state: free education, accessible healthcare, a clean environment, shelter, and economic security. Yet, it sits in a legal gray area that defines Nigeria's governance deficit.
Refuting Non-Justifiability of Chapter II: (Learned SAN, Femi Falana’s Position)
Learned Senior Advocate, Femi Falana, SAN argued that Chapter II is not a dead letter. In his view, creative litigation and judicial evolution have rendered these directives justiciable through indirect pathways.
First, he highlighted Section 13, which commands all organs of government to conform to, observe and apply Chapter II, and Section 147, which mandates that in appointing Ministers, the President must have regard to the fundamental objectives and directive principles of state policy. To the learned Silk, this imposes a mandatory constitutional duty on government formation and conduct, not a mere aspiration.
Second, drawing on landmark decisions like Olafisoye v. FRN (2004), he emphasized that once the National Assembly enacts statutes to give effect to Chapter II directives such as the ICPC Act, the EFCC Act, or environmental legislation, those objectives become enforceable through statutory law.
Third, relying on Abacha v. Fawehinmi (2000), he underscored that socio-economic rights codified in the domesticated African Charter Act are enforceable in Nigerian courts.
The Reality of Institutional Failure:
(My Position & Contribution)
While I respect the jurisprudential brilliance of the learned Silk’s argument, my intervention was rooted in operational reality: appropriation without accountability produces zero justice.
I made this point to the panel, and specifically to Femi Falana, SAN:
Projects appropriated for in the annual budget are directly derived from Chapter II of the Constitution. The budget itself passes through the National Assembly and is signed into Law by the President. Yet, after becoming law, projects tied to Chapter II - schools, hospitals, roads, social investment programmes, etc, suffer abandonment without accountability and without justice.
Furthermore, under Section 14(2)(b), security and welfare is the primary purpose of government. Yet funds meant for security are routinely misappropriated without accountability. Worse still, the Ministry of Humanitarian Affairs, the very ministry tasked with overseeing public welfare and Chapter II mandates, has over the years been embroiled in cases of misappropriation of funds meant for humanitarian intervention. Yet, no decisive accountability.
With these and other cases, how then is Chapter II justiciable in practice?
The Systemic Lacuna:
The core issue is a structural loop of impunity. Governments campaign on Chapter II manifestoes, appropriate for them, then abandon them. When citizens attempt to challenge these defaults in court, state lawyers routinely invoke Section 6(6)(c) of the Constitution, the ouster clause that strips courts of power to determine whether state actions comply with Chapter II. Because Section 13 imposes a duty without attaching a direct penalty for non-compliance, political actors treat constitutional directives as suggestions rather than legal mandates.
My Direct Questions to the Learned Silk, Femi Falana, SAN:
Learned Silk, if budgeted Chapter II projects that have become law are abandoned without remedy, and funds for security under Section 14(2) and welfare under the Ministry of Humanitarian Affairs are diverted without consequence:
1. Does statutory incorporation and African Charter litigation alone provide real justice for the Nigerian citizen on the street, or does it merely shift failure to agencies?
2. Should we not, as NBA, push for a constitutional review of Section 6(6)(c) to expressly make socio-economic rights enforceable?
3. Will you support a private member Bill a Chapter II Justiciability and Enforcement Bill, that gives citizens and civil society direct locus standi to enforce appropriated Chapter II projects without requiring the fiat of the Attorney-General?
The Pathways Forward:
If the theme "Beyond Limits" is to mean anything beyond rhetoric, we must dismantle the structural barriers that shield non-performance:
1. Constitutional Review of Section 6(6)(c): Remove socio-economic, health, and education directives from the judicial ouster clause, elevating them to enforceable rights.
2. A Chapter II Justiciability Bill: Enact a law that provides a private right of action and private prosecutorial rights for citizens and CSOs to challenge abandoned public projects and mismanaged welfare funds.
3. Penalizing Budget Default: Make intentional abandonment or diversion of appropriated welfare funds gross misconduct and financial sabotage, carrying mandatory disqualification from public office.
We cannot build a modern nation on unenforced constitutional promises. True national construction begins when political manifestoes and budget allocations carry real, unavoidable legal consequences.
Joseph Boaz, Esq.
Governance & Institutional Reform Specialist | Legal Practitioner & Legislative Drafter | Public Sector Reform | Democracy & Good Governance | Human Capital & Education Governance | Energy & Resource Governance | International Relations & Africa Policy