Overcoming the (Non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria (original) (raw)

Justiciability of Human Rights Law in Domestic Jurisdictions, 2015

Abstract

The legal framework regulating socio-economic rights in Nigeria is ambiguous. These rights, listed under Section II of the constitution titled Fundamental Objectives and Directive Principles, are non-justiciable by virtue of section 6(6)(c) of the constitution. However, Nigeria as a dualist state has adopted (ratified and domesticated) the African Charter on Human and People’s Rights (African Charter) in accordance with relevant constitutional provisions. Therefore, the provisions of the African Charter are (arguably) part and parcel of Nigeria’s laws, thus ‘justiciable’.

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