Exploring the justiciability of economic, social and cultural rights in Nigeria

Abstract This paper examines the position of the Economic, Social, and Cultural Rights (ESCRs) in the Constitution of the Federal Republic of Nigeria. ESCRs are textualized in Chapter II of the Constitution under the title, Fundamental Objectives and Directive Principles of State Policy. Despite their interconnectedness with the first generation rights in another part of the Constitution, the justiciability and enforcement of ESCRs have remained a mirage. In consequence, it is difficult to hold the government accountable for failing to safeguard second-generation rights. The paper considers various approaches to secure their enforcement.