An Appraisal of the fundamental human rights and the fundamental objectives and directive principles of state policy of the 1999 constitution

Abstract

The Fundamental Objectives and Directive Principles of State Policy and Fundamental Human Rights provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) have been subjects of discussion for several decades. Discussions on the two principles, without doubt, will continue to attract attention owing to their importance to the life, dignity as well as well-being of the citizens. This paper is yet another effort at finding the synergy between the two principles. It should be noted right from the outset that opinions express in this paper is not meant to be exhaustive, however, they will provide platform for further legal exposition on the beneficial relationship between the Fundamental Objectives and Directive Principles of State Policy and Fundamental Human Rights. This paper seeks to establish the synergy between the two principles. In this regard, this paper traces the origin of the fundamental human rights, the difference between fundamental rights and human rights. Furthermore, it itemizes the rights protected under the Fundamental Objectives and Directive Principles of State Policy. Importantly, the paper examines the legal framework for its enforcement and conclusively recommends that Fundamental Objectives and Directive Principles of State Policy should be placed in the same pedestal with Fundamental Human Rights to make its provisions justiciable in the Nigerian Courts.