By Victor Lewis
Renowned Human Rights lawyer and Activist, Femi Falana SAN, has called on legal practitioners in the country to take advantage of the various Acts of Parliament to hold the government at all levels accountable in compliance with the provisions of chapter two of the 1999 constitution, as amended.
Chapter Two of the Constitution which spells out the fundamental objectives and directive principles of State policy clearly provide that government at all levels are responsible for the welfare and security of Nigerians, amongst others.
However, Section 6(6)(c) of the same constitution provides that the Court lacks the jurisdiction to adjudicate over any matter arising therefrom in chapter 2 of the Constitution.
But delivering the Centenary Lecture in Effurun during the ongoing the occasion of the Centenary celebration of legal practice and the commemoration of the first lawyer in Warri, Hon. Asifo Egbe, in Warri yesterday, human right lawyer, Femi Falana SAN, urged legal practitioners to take advantage of several other provisions in the constitution as well as a plethora of parliamentary legislations to ensure the courts entertain matters arising from the chapter 2 of the Constitution.
Specifically, Falana stated that Section 13 of the Constitution makes it mandatory for “all organs of government, and if all authorities and persons, exercising legislative, executive or judicial powers, to confirm to, observe and apply the provisions of chapter 2 of the Constitution”.
“While our courts are generally said that chapter two is not generally not justiceable, those statements are class-biased because Section 6(6)(c) said courts shall have no jurisdiction in respect of chapter 2, except as is provided by the same constitution.
“Section 13 states that authorities and persons exercising legislative and executive functions shall comply with chapter 2. It goes further. Before you can take your oath of office, “you must subscribe to the provision set out in Schedule 7 where it is stated that you shall in exercising your duties ensure compliance with chapter 2”, he stated.
The learned Silk also noted that even when it is provided in Section 6(6)(c) that “assuming without conceding that chapter 2 is not justiceable, I’m challenging my colleagues here to take cognizance of the various laws that have been enacted pursuant to chapter 2 that makes it justiceable”.
Falana cited the case of AG Ondo State v. AG Federation which, according to him, the Supreme Court in that the Supreme Court made it clear that the Law which set up ICPC Act made pursuant to Section 15(5) which states that the State shall abolish all corrupt practices and abuse of power, makes the chapter 2 justiceable.
He further stated that there are other pieces of legislation made by the Act of Parliaments which practitioners could take advantage of to make the provisions of chapter 2 of the Constitution justiceable, citing the Child Rights Act, Compulsory Free and Universal Basic Education Act, etc which have all been domesticated and adopted by the 36 States of the Federation and the FCT.
