1999 constitution needs urgent review, says Osigwe (SAN)

Afam Osigwe, a Senior Advocate of Nigeria, is advocating for a comprehensive evaluation of the 1999 constitution in order to enhance the justice system and governance.

While delivering a lecture at an event organised by the Sagamu Branch of the Nigerian Bar Association on Friday, Osigwe made the appeal for a comprehensive constitutional review.

The SAN spoke on the theme, “The Justiciability of the Fundamental Objectives and Directive Principles of State Policy: Prospects for National Economic Reintegration.”

Represented by the NBA chairman in Keffi, Nuhu Egya, the SAN said, “The fundamental objectives and principles of state policy enshrined in Chapter two of the 1999 Constitution as amended laid the groundwork for the socio-economic and political aspirations of our country.”

He said this aspect of the constitution posits that the government is expected to promote democracy, social justice order and enhance the economic and welfare status of the Nigerians.

Osigwe said, “For instance under section 16 of this chapter of the constitution, it is part of its provision that suitable and adequate shelter, suitable and adequate food, a reasonable national minimum living wage, old age care and pensions, unemployment, sick benefits, and welfare of the disabled are provided for all citizens.”

He, however, noted, “As lofty as these constitutional provisions are, their classification as non-justifiable according to section 6 (6) (c) means that they cannot be legally enforced in a court of law.

“In order words, you cannot sue the government for not providing pipe borne water, good roads, good minimum wage, standard educational facilities among others.”

Osigwe said many democratic nations such as India, Pakistan among others have successfully integrated socio-economic rights into their legal frameworks, ensuring that their citizens enjoy these rights fully.

He stated that adopting a similar approach would align Nigeria with international best practices, promoting human rights and social justice.

While speaking on the occasion, David Efuwape, the Chairman NBA, Sagamu Branch, urged his colleagues to remain dedicated using their training to promote social justice and order in the society.

Efuwape said, “Part of the reason we chose this topic of our celebration is to reawaken our sense of duty to impact the society for good.

“It should not all be about money but what we can also do to bring about positive change. Someone was talking about Gani Fawehinmi during the lecture. Fawehinmi might have gone but his contribution towards upholding justice and holding leaders accountable would forever remain memorable.

“So as lawyers, we should not be scared to go to court to challenge whatever we think is right or not as long as it will make life more comfortable for all.”