• The Supreme Court of Nigeria and its Underlying Philosophies in Constitutional Matters

    The Supreme Court of Nigeria and its Underlying Philosophies in Constitutional Matters

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    Dr Chukwuma Chinwo, formerly Senior Lecturer at the Rivers State University, and now a Port Harcourt-based Legal Practitioner in his article, The Supreme Court of Nigeria and its Underlying Philosophies in Constitutional Matters, asks a question that bothers many: How can the same Court give different judgments on matters having similar facts? Dr Chinwo examines the Supreme Court of Nigeria’s judicial philosophy. From an extensive review of several Supreme Court decisions, he weaves a coherent thread of factors that influence the Court’s judgments.

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  • Making a Case for Enforcement of Socio-Economic Rights in Nigeria

    Making a Case for Enforcement of Socio-Economic Rights in Nigeria

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    Kenneth Ugwuokpe in his article, Making a Case for Enforcement of Socio-Economic Rights in Nigeria, insists, no doubt controversially, that the economic, social and cultural rights indicated as “fundamental objectives and directive principles of state policy” in the 1999 Constitution of Nigeria, are justiciable under the Nigerian legal framework. Kenneth argues that the socio-economic rights are enforceable in Nigeria either in their own right under Chapter II of the Constitution or pursuant to the provisions of the African Charter on Human and Peoples Rights or the Child Rights Act 2003. He further posits that, at a minimum, socio-economic rights can be enforced by subsuming them under the constitutionally protected rights to life and human dignity by means of progressive judicial interpretation, particularly using the Indian model. He examines Nigeria’s judicial attitudes to the enforcement of socio-economic rights vis-a-vis what obtains in some other countries, notably India and South Africa.

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