The Justiciability of the Non-Justiciable Constitutional Policy of Governance in Nigeria*

Using legislation to make justiciable the non-justiciable policy of governance as contained in the Chapter Two of the Constitution of the Federal Republic of Nigeria ( CFRN), 1999, as amended is a material contradiction. This, it is submitted, is akin to making an act of the National Assembly of Nigeria to prevail over the letters of the Constitution as enunciated in Section 6(6)(c) of the CFRN, 1999. In fact the argument that it is the Constitution itself that gives the leeway for the Nigerian National Assembly to, if they so decide, lay off the non-justiciable clause and throw it into the trash can holds no water because by legislating on all the provisions of Chapter Two using the force of law making would impoverish the non-justiciable clause. Therefore, the above clause exists at the mercy of the National Assembly. The finding of this article is that the clause exists as a legal mirage that can vanish on the approach of the National Assembly to the scene where the clause once held sway. This scenario paints a visible picture of the need to directly make the non-justiciable Chapter of the CFRN, 1999, as amended, justiciable through an amendment of the Constitution.