REASSESSING THE FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY AS A MECHANISM FOR CONSTITUTIONAL DEVELOPMENT IN NIGERIA

Abstract

The provisions relating to Fundamental Objectives and Directive Principles of State Policy enshrined in Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) remain controversial. The controversies stem primarily from section 6(6)(c) of the constitution regarding non-justiciability, which has rendered the realization of these lofty fundamental objectives a fantasy. This article thoroughly examines Chapter 2 provisions and concludes that if made justiciable, they can serve as a veritable tool and platform for achieving national transformation and sustainable development in Nigeria. The study examines key terms relating to fundamental objectives and directives of state policy, critically analyzes various sections within the chapter, juxtaposes Nigeria's fundamental objectives with other jurisdictions, and provides observations and recommendations for making these provisions justiciable and effective as mechanisms for national development.