Section 15 of the Constitution (1979 and 1999) state that the motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress. A motto according to the New Lexicon Webster’s Dictionary of the English Language, is a short, pithy sentence or phrase inscribed on a coat of arms, a sentence or phrase used as a watchword, maxim or guiding principle. It reflects what the nation stands for or desires to achieve. Thus, for the purpose of achieving the above, subsection 2 states that national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited. National integration is of vital importance and its encouragement cannot be overemphasised. Except this is actively pursued, the nation cannot stand. The policy of the government should therefore be geared towards the attainment of this objective.
The Constitution makes the above litigable when it states that:
- “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person(a) be subjected either expressly by, or in the practical application of any law in force in Nigeria or any executive or administrative action of the government to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, place of origin, sex, religion or political opinions are not made subject; or (b) be accorded either expressly by, or in the practical applicationof, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, place of origin, sex, religions or political opinions”.
- “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.” See Section 39 (1979) or Section 42 (1999) Constitution. For the purpose of promoting national integration, it shall be the duty of the state to provide the following:(a) facilities for free movement of people, goods and services; (b) security of full residential rights;(c) encouragement of intermarriages;(d) promotion and encouragement of formation of associations. It is submitted that the above could be achieved through the use of sections 32, 34, 37 and 38 of the Constitution dealing with right to personal liberty, right to private and family life, right to peaceful assembly and association and right to freedom of movement. Thus it could be said that notwithstanding the non-justiciability of section 15, the benefits therein contained can be judicially asserted through the use of relevant provisions dealing with fundamental human rights.Section 15(4) which enjoins the State to foster a feeling of belonging and or involvement among the various peoples of the Federation merely re-emphasises the idea of national integration. In relation to section 14(5) of the constitution, nothing is lost by its non justiciability as the key expressions there are prohibited by relevant provisions of our criminal law.
Economic Objectives
Section 16 of both 1979 and 1999 Constitutions provide that the state shall, within the context of the ideals and objectives for which provisions are made in the constitution control, the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity. This provision asserts the practice of every government to control the economy of the nation for the benefit of the citizens. Apart from the major sector of the economy, the state also reserves the right to participate in other areas of the economy. It also goes further to state that without prejudice to the right of any person to participate in areas of the economy within the major sectors of the economy, it shall protect the right of every citizen to engage in any economic activities outside the major sectors of the economy. The above provision has led to the conclusion that the economic system in operation in Nigeria is mixed economy. The result of this system is that it enables the government or public sector to play an important role in the regulation of the economy
of the nation. This enables the public sector to determine basic prices in order to mitigate the harsher effects of private competition. It also, at the same time allows room for private initiative (The Great Debate: 27). Notwithstanding this position however, it has been discovered that although the State is powerful, it is lacking in direction. This development makes it possible for the national bourgeoisie to be in control, using the State to pursue its own class interest.
of the nation. This enables the public sector to determine basic prices in order to mitigate the harsher effects of private competition. It also, at the same time allows room for private initiative (The Great Debate: 27). Notwithstanding this position however, it has been discovered that although the State is powerful, it is lacking in direction. This development makes it possible for the national bourgeoisie to be in control, using the State to pursue its own class interest.
The policy direction of the State is contained in section 16(2). They are:
- The promotion of a planned and balanced economic development;
- Harnessing and distributing the material resources of the community as best as possible to serve the common good;
- Operation of the economic system to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group; and
- Provision of suitable and adequate shelter, suitable and adequate food, reasonable national minimum, living wage, old age care and pensions, and unemployment and sick benefits for all citizens.
The utility of this provision can be determined from measures being taken by the government to ensure those vital national assets such as mineral resources and their exploitation and the scarce resources are controlled for the benefit of all. Measures taken to control investment and employment mitigate or check violent fluctuations of the economy. There are also in existence various laws like the Price Control Act, Petroleum Act, Trade Union Acts, Rent Decrees and Laws enacted for the purpose of ensuring purposeful direction and governance of the nation. As Professor Friedman pointed out:
“the sum total of these different state activities is sufficient to transform the free economic society in which the State is a glorified policeman but otherwise a disinterested spectator, into a controlled society in which the state is an active participant in the economic and social life of the citizen.”29
For the purpose of achieving close monitoring of the economy section 16(3) provides that a body shall be set up by an Act of the National Assembly with the power to review from time to time the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on the same; and to administer any law for the regulation of the ownership and control of such enterprises.
In this section is found definitions of some key terms. The “major sectors of the economy” has been taken to mean reference to such economic activities as may from time to time be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation and until a resolution to the contrary is made by the National Assembly. Economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy; Economic activities have been defined to include activities directly concerned with the production, distribution and exchange of wealth or of goods and services, and the term “participate” has been defined to include rendering of services and supplying of goods.
The economy of a nation determines its existence, relevance and viability. Although section 16 is not justiciable, it confirms how the government is run and it gives focus to its policy direction.
“the sum total of these different state activities is sufficient to transform the free economic society in which the State is a glorified policeman but otherwise a disinterested spectator, into a controlled society in which the state is an active participant in the economic and social life of the citizen.”29
For the purpose of achieving close monitoring of the economy section 16(3) provides that a body shall be set up by an Act of the National Assembly with the power to review from time to time the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on the same; and to administer any law for the regulation of the ownership and control of such enterprises.
In this section is found definitions of some key terms. The “major sectors of the economy” has been taken to mean reference to such economic activities as may from time to time be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation and until a resolution to the contrary is made by the National Assembly. Economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy; Economic activities have been defined to include activities directly concerned with the production, distribution and exchange of wealth or of goods and services, and the term “participate” has been defined to include rendering of services and supplying of goods.
The economy of a nation determines its existence, relevance and viability. Although section 16 is not justiciable, it confirms how the government is run and it gives focus to its policy direction.
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