FUNDAMENTAL OBJECTIVES AND

DIRECTIVE PRINCIPLES OF STATE POLICY

CONTENTS

1.0       Introduction

2.0       Objectives

• Main Content
• Political Objectives
• Economic Objectives
• Social Objectives
• Educational Objectives
• Foreign Policy Objectives
• How Relevant are the Fundamental Objectives and Directive Principles of State Policy
• The Constitutional Provisions on Fundamental Objectives and Directive Principles of State Policy
  • Political Objectives
  • Economic Objectives
  • Social Objectives
  • Educational Objectives
  • Foreign Policy Objectives
  • Directive on Nigerian Culture
  • Obligations of the Mass Media
  • National Ethics

4.0       Conclusion

5.0       Summary

6.0       Tutor-Marked Assignment

7.0       References/Further Readings

INTRODUCTION

The 1979 and 1999 Constitutions differ from their forerunners in one particular respect. This is in relation to their chapter 2 which deals with fundamental objectives and directive principles of state policy. Prior to its inclusion in the constitution, this idea generated a lot of controversy (The Great Debate 1979:2 – 3). For example, in relation to the non- justiciability of the chapter, Chief Obafemi Awolowo had this to say:

“the quality of the social objectives are reduced to worthless platitudes…..and hollow admonitions which should have no place in a constitution which is, first and last, a legal document whose provisions must ipso facto be justiciable and legally enforceable” (The Great Debate, 1979:3).

In the opinion of Ojo,

“most, if not all, the matters provided for in the Objectives and Directives section belong to the area of party politics.”

1. Sani (Great Debate, 1979:3) sarcastically describes the arrangement as a “half-hearted” and “ostrich-like” approach to constitution making.

Notwithstanding the above views and the ideological dimension introduced into it, it could be asserted that chapter 2 of the Constitution is part and parcel of the document called the Constitution; 1979 – 1999.

The definition of the expression fundamental objectives and directive principles has been given in the report of the Constitution Drafting Committee (Vol. 1:4) in the following terms:

“By Fundamental Objectives we refer to the identification of the ultimate objectives of the Nation whilst Directive Principles of State Policy indicate the paths which lead to those objectives. Fundamental Objectives are ideal towards which the Nation is expected to strive whilst Directive Principles lay down the policies which are expected to be pursued in the efforts of the nation to realise the national ideals.”

Ideological dimension has been given to the above definition. Thus it is taken to mean that the government of the nation at any level is bound to ensure the achievement of the above defined aims since they have been identified in the constitution but this ideological stance is defeated by provisions in the chapter tending to show that the nation has not adopted any ideology. For example in respect of economic objectives,  the  nation has adopted a mixed economy.

OBJECTIVES

At the end of this unit, you should be able to:

understand the definition of the fundamental objectives and directive principle of state policy and their functions in the state

classify the fundamental principle and directive principle of state policy.

MAIN CONTENT

The provisions in this chapter could be grouped into five basic objectives. The objectives are:

• Political objectives
• Economic objectives
• Social objectives
• Educational objectives and
• Foreign policy

Before these objectives are considered, it is necessary to point out other provisions which are general in nature. Chapter II begins with the provision that it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive, or judicial powers to conform to, observe and apply the provision of this chapter of the constitution.

A quick look at this section seems to point to the fact that the provision of the constitution relating to fundamental objectives and directive principles of state policy should be strictly adhered to. It also seems to suggest that this chapter should be regarded as sacred, hence the emphasis. If it is remembered that section 1 of the constitution states  that the constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria, then the emphasis could be taken to mean that the framers of the constitution regard this chapter of particular importance.

The above emphasis has however been made irrelevant for in another breadth, section 6(6) (c) of the same constitution states that:

“The judicial powers vested in accordance with the foregoing  provisions  of  this  section  shall  not, except as otherwise provided by this Constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in chapter II of this Constitution”.

Any argument as to whether the expression “except as otherwise provided by this constitution” makes chapter II justiciable was removed by the decision in Archbishop Anthony Olubunmi Okogie (Trustee of Roman Catholic School) & Ors Vs. Attorney-General of Lagos State (1981).

The plaintiffs sought and obtained leave of court for the enforcement of their fundamental rights under section 36 of the Constitution dealing with freedom of expression, including freedom to hold opinion and to receive and impart ideas and information without interference. It was contended that the fundamental right was threatened with infringement by the Lagos State Government by its proposals to abolish all private primary schools in the state 

Learned counsel for the plaintiffs contended that it was not for  the Lagos State Government to tell parents where to send their children for primary or secondary education and that anybody should be at liberty to establish primary and secondary schools.

The court held that the Directive Principles of State Policy in chapter II of the (1979 – 99) Constitution have to conform to and run as subsidiary to the Fundamental Rights under chapter IV of the same constitution. It was further held that the fundamental objectives and directive principles enunciated in section 18 of the 1979 and 1999 Constitutions enjoining the state to provide equal and adequate educational opportunities, are objectives to be carried out by any Government of the Federation without necessarily restricting the right of other persons or organisations to provide similar or different educational facilities at their own  expense.

Section 14 starts by stating that the Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. In relation to democracy, it can be said that the basis for the operation of the constitution is the existence of democracy which has been loosely referred to as the government of the people by the people. The constitution provides for mode of governance, the basis of which is representation according to basic ideals and methods universally recognised. Most of the political posts are filled by election. The relevance of this is clearly brought out by the position under a Military Rule. The lingering controversy has been whether a Military  government can be said to be a government based on democracy. The position is that a Military government no matter how benevolent cannot be said to be a democratic government.  This fact is clearly illustrated  by Decree No. 1 of 1984 and Decree No. 107 of 1993. In respect of the jurisprudential dimension to this idea, the case of Lakanmi vs. Attorney- General (West) (1971) clearly brings this out. Of particular interest in this case was the argument of the learned Attorney-General for Western State on behalf of the respondents that what took place in January 1966 (that is a coup d’ etat) was a revolution, by which method the revolutionary Government seized power on 15 January 1966 and therefore had an unfettered right from the start to rule by force and by means of Decrees. Notwithstanding that this argument was rejected by the Supreme Court, 3 Decrees were passed to neutralise the decision of the Supreme Court.

The social justice idea is based on the jurisprudential basis of the existence of the government. The social contract idea requires that justice should be the basis of governance for the benefit of  all and no one should be denied the constitutionally guaranteed rights except in accordance with the provisions of the constitution, this being the expression of the basis of our group existence.

In consequence of the above, section 14(2) of the Constitutions 1979  and 1999 declares that sovereignty belongs to the people of  Nigeria from whom government through this constitution derives all its powers and authority. This section re-emphasises the preamble to the constitution as it states that the constitution represents the will of the people through which the security and welfare of each person is guaranteed. It also emphases the idea of participatory democracy.

Despite the non-justiciability of chapter 2 of the Constitution, (1979 – 99), one particular area that has affected the national consciousness is the constitutional provision relating to the federal character of Nigeria. Section 14(3) provides:

“The composition of the Government of  the Federation or any of its agencies and the conduct of  its affairs shall be carried out in such manner as to reflect the federal character of Nigeria and the need  to promote national unity, and also to command national loyalty thereby ensuring that there shall  be no predominance of persons from a few states or from a few ethnicor other sectional groups in that government or any of its agencies.”

The Constitution defines federal character of Nigeria to mean the distinctive desire of the people of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed above. By this provision, the constitution recognises the existence of various ethnic groups in the country. Indeed a distinctive feature of Nigeria is the existence of about two hundred and fifty ethnic groups. To reduce the problem, the ethnic groups have been divided into thirty six compartments  called states.  The question that needs be asked is how are the federal offices, appointments and assets be shared to reflect national character.

The law itself is clumsy. It states that the conduct of the affairs of government shall be carried out in such manner as to reflect the federal character of Nigeria. This calls for a concerted effort to have regard to the diversity of the country in many respects but the definition of this term states that “the expression federal character refers to the distinctive desire of the peoples of Nigeria to promote national unity, foster  national loyalty and give every citizen of Nigeria a sense of belonging  to the nation notwithstanding the diversities of ethnic origin, culture, language or religion”. See Sections 277 (1979) and 318 (1999) Constitution. If indeed, this is the desire, then consideration should not be given to parochial issues. Merit should be the yardstick for governance, distribution of offices and sharing of assets. The only thing that needs be emphasised is honesty of purpose and integrity. If the idea of federal character is pursued to its logical conclusion, then it is paradoxical to talk of national loyalty. As it this is not enough, the same section goes further to state that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups in the government or in any of its agencies. Indeed, section 14(3) of the Constitution is bereft of meaning and application. The same goes for section 15(3) of the 1989 Constitution. Section 14(4) is a reproduction  of section 14(3). It is the state and local government provision for the conduct of affairs at the state and local government levels.

The Constitution emphasises the need to look inwards and protect as well as enhance Nigerian culture. It is beyond doubt that Nigeria is very rich cultural values. Indeed, there is usually provision for the Ministry  to take care of the arts and culture of the country both at the national  and state levels. A careful observance of this is a source of revenue for the country or the state as the case may be.  Refer to section 20 (1979)  or section 21 (1999) Constitution.

In the same manner, section 21 (1979) or 22 (1999) recognises the obligations of the mass media. It states:

“The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people.”

The emptiness of this provision lies in the fact that it is not justiciable.  A better provision of the law to consider is section 36 of the  Constitution which deals with right to freedom of expression and the press. It is this section of the constitution that can be used to give legal teeth to the provisions of Constitution: obligations of the Mass Media  (S. 21 (1979) or 22 (1999).

Section 22 (1979) or 23 (1999) relates to national ethics. It states  that the national ethics shall be discipline, self-reliance and patriotism. This provision reinforces the argument of those who believe that the fundamental objectives and directive principles of state policy are political issues and should be left to where they properly belong – party and political manifestos (Nwabueze: 48 – 49). The reason for this assertion is that apart from the fact that they are bereft of legal cloak, they are also lacking in precision.

Let us now turn to each of the five objectives.

Political Objectives

Section 15 of the Constitution (1979 and 1999) state that the motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress. A motto according to the New Lexicon Webster’s Dictionary of the English Language, is a short, pithy sentence or phrase inscribed on a coat of arms, a sentence or phrase used as a watchword, maxim or guiding principle. It reflects what the nation stands for or desires to achieve. Thus, for the purpose of achieving the above, subsection 2 states that national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited. National integration is of vital importance and its encouragement cannot be overemphasised. Except this is actively pursued, the nation  cannot stand. The policy of the government should therefore be geared towards the attainment of this objective. The Constitution makes the above litigable when it states that:

1. “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person

• be subjected either expressly by, or in the practical application of any law in force in Nigeria or any executive or administrative action of the government to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, place of origin, sex, religion or political opinions are not made  subject; or
• be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, place of origin, sex, religions or political opinions”.

2. “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his ”

See Section 39 (1979) or Section 42 (1999) Constitution.

For the purpose of promoting national integration, it shall be the duty of the state to provide the following:

• facilities for free movement of people, goods and services;
• security of full residential rights;
• encouragement of intermarriages;
• promotion and encouragement of formation of association

It is submitted that the above could be achieved through the use of sections 32, 34, 37 and 38 of the Constitution dealing with right to personal liberty, right to private and family life, right to peaceful assembly and association and right to freedom of movement. Thus it could be said that notwithstanding the non-justiciability of section 15, the benefits therein contained can be judicially asserted through the use of relevant provisions dealing with fundamental human rights.

Section 15(4) which enjoins the State to foster a feeling of belonging and or involvement among the various peoples of the Federation merely re-emphasises the idea of national integration. In relation to section 14(5) of the constitution, nothing is lost by its non justiciability as the key expressions there are prohibited by relevant provisions of our criminal law.

Economic Objectives

Section 16 of both 1979 and 1999 Constitutions provide that the state shall, within the context of the ideals and objectives for which  provisions are made in the constitution control, the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity. This provision asserts the practice of every government to control the economy of the nation for the benefit of the citizens. Apart from the major sector of the economy, the state also reserves the right to participate in other areas of the economy. It also goes further to state  that without prejudice to the right of any person to participate in areas of the economy within the major sectors of the economy, it shall protect  the right of every citizen to engage in any economic activities outside  the major sectors of the economy. The above provision has led to the conclusion that the economic system in operation in Nigeria is mixed economy. The result of this system is that it enables the government or public sector to play an important role in the regulation of the economy of the nation. This enables the public sector to determine basic prices in order to mitigate the harsher effects of private competition. It also, at  the same time allows room for private initiative (The Great Debate: 27). Notwithstanding this position however, it has been discovered that although the State is powerful, it is lacking in direction. This development makes it possible for the national bourgeoisie to be in control, using the State to pursue its own class interest.

The policy direction of the State is contained in section 16(2). They are:

• The promotion of a planned and balanced economic development;
• Harnessing and distributing the material resources of the community as best as possible to serve the common good;
• Operation of the economic system to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group; and
• Provision of suitable and adequate shelter, suitable and adequate food, reasonable national minimum, living wage, old age care and pensions, and unemployment and sick benefits for all citizens.

The utility of this provision can be determined from measures being taken by the government to ensure those vital national assets such as mineral resources and their exploitation and the scarce resources are controlled for the benefit of all. Measures taken to control investment and employment mitigate or check violent fluctuations of the economy. There are also in existence various laws like the Price Control Act, Petroleum Act, Trade Union Acts, Rent Decrees and Laws enacted for the purpose of ensuring purposeful direction and governance of the nation. As Professor Friedman pointed out:

“the sum total of these different state activities is sufficient to transform the free economic society in which the State is a glorified policeman but otherwise a disinterested spectator, into a controlled society in which the state is an active participant in  the economic and social life of the citizen.”

For the purpose of achieving close monitoring of the economy section 16(3) provides that a body shall be set up by an Act of the National Assembly with the power to review from time to time the ownership  and control of business enterprises operating in Nigeria and make recommendations to the President on the same; and to administer any law for the regulation of the ownership and control of such enterprises. 

In this section is found definitions of some key terms. The “major sectors of the economy” has been taken to mean reference to such economic activities as may from time to time be declared by a  resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation and until a resolution to the contrary is made by the National Assembly. Economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy; Economic activities have been defined to include  activities directly concerned with the production, distribution and exchange of wealth or of goods and services, and the term “participate” has been defined to include rendering of services and supplying of goods.

The economy of a nation determines its existence, relevance and viability. Although section 16 is not justiciable, it confirms how the government is run and it gives focus to its policy direction.

Social Objectives

Section 17(1) of the 1979 and 1999 Constitution state that the state social order is founded on ideals of Freedom, Equality and Justice. The key words here are Freedom, Equality and Justice. Freedom is a constitutional right contained in chapter IV of the constitution. The provision in this chapter re-emphasises it. The idea of equality is of  great constitutional importance. It is the bedrock of the rule of law. Justice is an expression that is contained in many sections of the constitution. Section 6 of the constitution deals with it. The idea of justice is also contained in section 33 which deals with fair hearing and chapter VII of the Constitution which deals with the Judicature.

Section 17(2) (a) – (d) has provisions relating to equality of rights, obligations and opportunities before the law, respect for the human person and dignity, exploitation of human resources for the good of the community, independence of the judiciary and fair hearing. These provisions are also contained in chapter IV of the Constitution dealing with fundamental human rights.

Section 17(3) provides that “the state shall direct its policy towards ensuring that:

• all citizens without discrimination on any ground whatsoever have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment
• conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life;
• the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused;
• there are adequate medical and health facilities for all persons;
• there is equal pay for equal work without discrimination on account sex, or on any other ground whatsoever;
• children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect; and
• provision is made for public assistance in deserving cases or other conditions of need”.

The policy directives contained in section 17(3) are policy directives.  By and large they relate to social security. They are well framed but  they are not justiciable. This fact must have led Prof. de Smith to observe thus:

“To fail to guarantee the right to work or to enjoy social security may be bad politics, but it is not thought to be bad law; for a constitution is primarily a legal document; rights ought not to be guaranteed in  it unless they can be judicially enforced, and a right to social security manifestly cannot.”

The usefulness of a social benefit depends on the ability of one to get  the benefit and the opportunity or right to ask for its enforcement where the right has been trampled upon. As stated above, the social security provisions are not justiciable. For example the government cannot be sued for its inability to provide adequate medical and health facilities  for all persons. Indeed, there are many towns without portable water, electricity and health centre not to mention a standard hospital.

Educational Objectives

Education is of vital importance to the nation. The strength of a nation depends on its human resources. Education is the best means of developing a nation and on a personal level, it is the best way to developing an individual.  In line with the above, section 18 of chapter  II of the 1979 Constitution (1979 and 1999) provide that government shall direct is policy towards ensuring that there are equal and adequate educational opportunities at all levels. In line with the need of  the nation, there is also the provision that government shall promote science and technology. In its strive to eradicate illiteracy, government shall as and when practicable provide:

• free, compulsory and universal primary education;
• free secondary education;
• free university education; and
• free adult literacy

The efficacy of the desire to eradicate illiteracy is weakened by the provision that the methods of eradicating illiteracy shall be adopted only when it is practicable. The question then is, when shall  it  be practicable? That there are no equal and adequate educational opportunities at all levels find practical expression in the various unity schools in existence in the various states in Nigeria and special primary schools. Indeed, the emptiness of this provision was clearly brought out in the decision in Archbishop Anthony Olubunmi Okogie (Trustee of Roman Catholic School) & Ors. V. Attorney-General of Lagos State.  For a clear manifestation of right to education and assertion of right in this regard, the better provision to consider is section 35 of the constitution which deals with right to freedom of thought.

Foreign Policy Objectives

Section 19 states that the state shall promote African Unity as well as total political, economic, social and cultural liberation of Africa and all other forms of international cooperation conducive to the consolidation of universal peace and mutual respect and friendship among all peoples and states, and shall combat social discrimination in all its ramifications.

Nigeria is a member of comity of nations. On continental level, she is a member of the African Unity (formerly Organisation of African Unity), on sub-regional level, she is a member of the Economic Community of West African States. Nigeria is also a member of International bodies like the United Nations. It is not unusual for these organisations or bodies to enter into Treaties and Conventions. Section 19 recognises  this fact and indeed gives credence to the assertion that there is need for international co-existence. Having regard to the  non-justiciability  of this section, it is no more than a reminder of the need to belong to a number of international bodies or organisations. Solace can however be found in section 12 of the Constitution which enjoins the country to enter into treaties and makes it possible to make such treaties part of our law.

How Relevant Are the Fundamental Objectives and Directive Principles of State Policy

Provisions akin to chapter II of the 1979 – 99 Constitutions are contained in the Indian Constitution. In State of Madras v. Champakam Dorairajin, the court stated as follows:

“The directive principles of the State Policy which by Article 37 are expressly made unenforceable by a court cannot override the  provisions  found  in  part III which notwithstanding other provisions, are expressly made enforceable by appropriate writs, orders or directions under Article 32. The chapter on Fundamental Rights is sacrosanct and cannot be abridged by any legislative or executive Act or order, except the extent provided in the appropriate Articles in Part III. The Directive Principles……have to conform to and run as subsidiary to the chapter on Fundamental Rights.”

The above could be said to be the purpose of the decision of the court in Archbishop Olubunmi Okogie V. Attorney-General of Lagos State. The fact that section 6(6) (c) takes the determination of justiciability of chapter II out of the watching eyes of the judiciary renders ineffective the strength of the provisions of the law contained therein. One of the reasons for taking this position is the undesirability of raising issues that are regarded as political promises to the point of rights that can be asserted and enforced in a court of law. They are regarded as values to be pursued and goals to strive to achieve. Solace is taken in the fact that the factors contained in Chapter II could be used to determine the success or otherwise of a government. Thus if it is felt that a party in power has performed abysmally below expectation, the party may not  be voted for when next the electorates have the opportunity of voting to choose their leaders.

One thing that has to be noted is that notwithstanding the non- justiciability of chapter II of the Constitution, the provisions of the law contained therein are also found in other sections of the constitution that are justiciable especially in chapter IV of the Constitution dealing with Fundamental Human Rights. Since the provisions of the law in chapter  II are more comprehensive in terms of field coverage, they could be  used to determine the ambit and operation of the rights provided for in general terms in chapter IV of the Constitution. A critical look  at chapter II reveals that the provisions therein contained are repetitive of the justiciable portions of the constitution. Perhaps it could be stated  that chapter II is not altogether useless if we come to terms with  the view of Eskor Toyo³⁷ that basically the Indian principles of state policy were meant to represent a touchstone of economic and social progress against which legislation passed by parliament and other law-making bodies were to be measured. Of particular relevance in this regard is section 16 of Chapter II which deals with economic objectives.

The Constitutional Provisions on Fundamental Objectives and Directive Principles of State Policy

Fundamental Obligations of Government:

Both the Constitution (1979 and 1999) provide as follows:

Section 13: Fundamental obligation of Government: It  shall  be  the duty and responsibility of all organs of government, and  of all authorities and persons, exercising legislative, executive or judicial powers to conform to, observe and apply the provisions of this Chapter of this Constitution.

Section 14:    The Government and the people:

• The Federal Republic of Nigeria shall be a State based on the principles of democracy and social
• It is hereby, accordingly declared that :
• sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority;
• the security and welfare of the people shall be the primary purpose of government;
• the participation by the people in their government shall be ensured in accordance with the provisions of this constitution
• The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that government or in any of its agencies
• The composition of the Government of a State, a local government council, or any of the agencies of such government or council, and the conduct of the affairs of the government or council or such agencies shall be carried out in such manner as to recognise the diversity of the peoples within its area of authority and the need to promote a sense of belonging and loyalty among all the peoples of the Federation

Political Objectives

14. (1) The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.

• Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.
• For the purpose of promoting national integration it shall be the duty of the State to:
• provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation;
• secure full residence rights for every citizen in all parts of the Federation;
• encourage intermarriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties;
• and promote or encourage the formation of associations that cut across ethnic, linguistic, religious or other sectional
• The State shall foster a feeling of belonging and of involvement among the various peoples of the Federation, to the end that loyalty to the nation shall override sectional loyalties
• The State shall abolish all corrupt practices and abuse of power

Economic Objectives

14. (1) The State shall, within the context of the ideals and  objectives for which provisions are made in this Constitution :

• control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity;
• without prejudices to its right to operate or participate in areas of the economy other than the major sectors of the economy, manage and operate the major sectors of the economy;
• without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sector of the economy
• The State shall direct its policy towards ensuring:
• the promotion of a planned and balanced economic development;
• that the material resources of the community are harnessed and distributed as best as possible to serve the common good;
• that the economic system is not operated in such a manner as to permit the concentration of wealth of the means of production and exchange in the hands of few individuals or of a group; and
• that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment and sick benefits are provided for all citizens
• A body shall be set up by an Act of the National Assembly which shall have power:
• to review from time to time the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on the same; and
• to administer any law for the regulation of the ownership and control of such enterprises

 

• For the purpose of this subsection (1) of this section:
• reference to the major sectors of the economy “shall be construed as a reference to such economic activities as may from time to time be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation; and until a resolution to the contrary is made by the National Assembly economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this sections come into force, whether directly or through the agencies of a statutory or other corporation of company shall be deemed to be major sectors of the economy;
• “economic activities” includes activities directly concerned with the production, distribution and exchange of wealth or of goods and services; and
• “participate” includes the rendering of services and supplying of goods.

Social Objectives

15. (1) The State social order is founded on ideals of Freedom, Equality and

• In furtherance of the social order:
• every citizen shall have equality of rights, obligations and opportunities before the law;
• the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced;
• governmental actions shall be humane;
• exploitation of human or natural resources in any form whatsoever for reasons other than the good of the community shall be prevented; and
• the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained

 

• The State shall direct is policy towards ensuring that:
• all citizens without discrimination on any ground whatsoever have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment;
• conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life;
• the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused;
• there are adequate medical and health facilities for all persons;
• there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;
• children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect; and
• provision is made for public assistance in deserving cases or other conditions of need.

Educational Objectives

18  (1)   Government shall direct its  policy towards  ensuring  that   there are equal and adequate educational opportunities at all levels.

• Government shall promote science and technology
• Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide:
• free, compulsory and universal primary education;
• free secondary education;
• free university education; and
• free adult literacy

Foreign Policy Objectives

19. The State shall promote African Unity, as well as total political, economic, social and cultural liberation of African and all other forms of international cooperation conducive to the consolidation of universal peace and mutual respect and friendship among all peoples and States, and shall combat racial discrimination in all its manifestations.

Directive on Nigerian Culture:

Section 20 of the 1979 and 21 of the 1999 Constitution are similar. They provide as follows:

The State shall protect and enhance Nigerian culture.

Obligations of the Mass Media

The obligations of the mass media are prescribed in Section 21 (1979) and 22 (1999). The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.

National Ethic

The National ethic shall be Discipline, Self-reliance and Patriotism. See section 22 (1979) and 23 (1999).

CONCLUSION

In this unit, we have attempted to examine the various categories of the fundamental objectives and directive principle of state policy. The meaning and definition of each category, the relationship between the economic, political, social, educational and foreign affairs objectives were also examined.

SUMMARY

We have been able to establish how the various categories of chapter II of the Constitution (1979 – 99) evolved and interrelate. We concluded with the views of Prof. Abiola Ojo that most, if not all, the matters provided for in the objective and doctrine section belongs to the area of party politics.

TUTOR-MARKED ASSIGNMENT

1. Explain how the fundamental objectives and directive principle of state policy can be made justiciable in
2. The collapse of the 1^st, 2^nd and 3^rd republic could be traced to non- enforceability of the fundamental objectives and directive principle of state policy.

REFERENCES/FURTHER READINGS

Chapter II of the 1989 Constitution, Cap 63 Laws of the Federation of Nigeria 1990.

The Great Debate – Nigerian Viewpoints on the Draft Constitution. A Daily Times Publication based on the debates on the 1979 Constitution.

The Great Debate op cit pp 2 – 3.

The Great Debate pg. 3. see also the view of Professor B.O. Nwabueze on pp. 3, 49 and 52 of the Great Debate.

The Great Debate – Commentary by L. Adele Jinadu p. 3. The Great Debate pp. 5 – 36.

It is also part of the 1989 Constitution.

Report of the Constitution Drafting Committee, Vol. 1 p.v. (1981) 1 N.C.L.R. 218.

See Constitutions (Suspension and Modification) Decree 1993 Decree No. 107. (1971) 1 U.I.L.R. 201.

Section 15(2) of the 1989 Constitution.

Section 15(3) of the 1989 Constitution. Also section 329 of the 1989 Constitution. Also section 21 of the 1989 Constitution.

Section 22 of the 1989 Constitution. Also section 38 of the 1989 Constitution. Also section 23 of the 1989 Constitution.

The Great Debate – Views of Prof. B.O. Nwabueze pp. 48 – 49. See also Sunday Times October 31, 1976.

Also section 16 of the 1989 Constitution.

The New Lexicon Webster’s Dictionary of the English Language, Deluxe Encyclopedic Edition p. 653.

Section 41 of the 1989 Constitution.

Also sections 34, 36, 39 and 40 of the 1989 Constitution.

There is a similar provision in section 16(5) of the 1989 constitution. The 1989 Constitution contains a further provision which states that “the state shall protect and defend the liberty of the individual, enforce the rule of law and ensure the efficient functioning of government services.

Section 17 of the 1989 Constitution. The Great Debate page 27.

Section 17(2) of the 1989 Constitution. The Great Debate pg. 29.

Cited in E. Toyo, “Constitutional Review and Economic Ideology”, Daily Times March 8, 1977 p. 29.

Also section 17(4) of the 1989 Constitution. Section 18 of the 1989 Constitution.

Cited in E. Toyo op cit pg. 31. Section 19 of the 1989 Constitution.

Supra

Section 20 of the 1989 Constitution.

A.I.R. 1951 S.C. 226.

Esko Toyo op cit. p. 31.

Also section 7 of the 1989 Constitution.