§13 Fundamental obligations of the Government — CFRN 1999

The Text

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.

Open problem with this section

Issue · §13 imposes a duty to apply Chapter II — but §6(6)(c) makes Chapter II rights non-justiciable in isolation. Citizens cannot sue the State for failing to provide free education (§18), healthcare (§17), housing, or to harness national resources (§16). The Supreme Court in Archbishop Okogie v. AG Lagos (1981) and AG Ondo v. AGF (2002) confirmed this — Chapter II rights only become enforceable when NASS legislates on them.

What it would take to fix · Either delete §6(6)(c) (entrenched: 4/5 of each NASS chamber + 2/3 State HoAs under §9(3)) or, more achievable, pass an Act of the National Assembly under §4 + Item 60(a) of the Exclusive Legislative List that codifies specific Chapter II rights — the route taken for the Child Rights Act 2003 and the Compulsory Free UBE Act 2004. The South African Constitution model (justiciable socio-economic rights with reasonableness review) would require full §9(3) entrenched amendment.

General §9(2) procedure: Per §9(2): a Constitution Alteration Bill must pass each chamber of the National Assembly by a two-thirds majority of all members, then be concurred in by the Houses of Assembly of at least two-thirds (24) of the 36 States, then assented to by the President within 30 days (§9(3A)).

How to cite this section

Constitution of the Federal Republic of Nigeria, 1999 (as amended), §13 — Fundamental obligations of the Government. Retrieved from The Republic, therepublic.extrafemi.com/constitution/directive-principles/13.

Source · Constitution of the Federal Republic of Nigeria, 1999, as amended · §13