Economic, social, and cultural rights (ESCRs) constitute a vital component of the international and domestic human rights framework, aimed at guaranteeing an adequate standard of living. In Nigeria, however, the realisation of these rights remains contested, largely due to their classification as non-justiciable Fundamental Objectives and Directive Principles of State Policy under Chapter II of the 1999 Constitution. This study examines the extent to which ESCRs are recognised, protected and enforced within Nigeria’s constitutional and legal architecture. The problem addressed is the persistent gap between the formal recognition of ESCRs in the Nigerian legal framework, weak enforcement, constitutional limitations, judicial restraint and structural barriers to access to justice. The primary aim of this research is to assess whether existing legal frameworks and judicial approaches in Nigeria adequately support the realisation of ESCRs and to explore avenues for strengthening their enforcement. Adopting a doctrinal research methodology, the study relies on the analysis of constitutional provisions, statutes, case law, and international human rights instruments, supported by relevant scholarly literature. The findings reveal that while ESCRs are implicitly recognised and reinforced through international obligations and judicial activism, their domestic enforcement is undermined by non-justiciability, weak legislative implementation and limited judicial intervention. The research recommends constitutional and legislative reforms to clarify and enhance the justiciability of ESCRs, greater incorporation of international human rights standards into domestic law, and a more proactive role of the judiciary in advancing social justice. These measures are essential for improving the quality of life and protecting the rights of vulnerable populations in Nigeria.
Chukwuma S. Chukwuanu (Wed,) studied this question.
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