Can Socioeconomic Rights Ameliorate The Accountability Deficit Of The Nigerian State?
| dc.contributor.author | Ogunfolu, Adedokun | en_US |
| dc.contributor.chair | Thomas, Chantal | en_US |
| dc.contributor.committeeMember | Ndulo, Muna B. | en_US |
| dc.contributor.committeeMember | Hockett, Robert C. | en_US |
| dc.date.accessioned | 2013-09-16T16:42:20Z | |
| dc.date.available | 2018-08-20T06:01:08Z | |
| dc.date.issued | 2013-08-19 | en_US |
| dc.description.abstract | Can justiciable socioeconomic rights assist in the formulation of government policies and programs that are accountable to Nigerian citizens? This dissertation has tried to answer the question by establishing that mechanisms of accountability such as the rule of law and separation of powers have been enacted into the Nigerian Constitution. But the government's socioeconomic policies have not been accountable, as reflected in my content analysis of Nigeria's health-care and education sectors. I show that the sole exception was the Social and Economic Rights Action Centre (SERAC) decision of the African Commission on Human and Peoples' Rights. But Nigeria has subsequently argued that socioeconomic rights are nonjusticiable, and they are merely Fundamental Objectives and Directive Principles of State Policy under its Constitution. I analyzed cases from the U.S. States of Kentucky, New Jersey, and New York, whose constitutions provide for free public education for children, and prove that courts have the capacity to adjudicate upon socioeconomic policies of governments in the area of education and make such policies accountable to constitutional mandates. I evaluated the jurisprudence from India, where socioeconomic rights are nonjusticiable directive principles of state policy, but her Supreme Court has expanded the right to life to encompass directive principles of health care and education. But it is very instructive that India, in 2002, opted for a constitutional amendment to transform the nonjusticiable provision on primary education of the Directive Principles of State Policy into a justiciable fundamental human rights provision under its Constitution. The South African Constitutional Court, in interpreting its Constitution, wherein socioeconomic rights are justiciable has formulated a reasonableness test doctrine in evaluating the seriousness/effectiveness of the various programs that the South African government had designed to implement socioeconomic rights. I then conclude that existing mechanisms of accountability in Nigeria can be complemented by constitutionally enforceable socioeconomic rights. The same principles formulated by the Nigerian judiciary in striking down unconstitutional legislation or in securing civil and political rights are applicable to judicial adjudication over socioeconomic rights. A constitutional amendment to make socioeconomic rights justiciable will ameliorate Nigeria's public governance accountability deficit. | en_US |
| dc.identifier.other | bibid: 8267025 | |
| dc.identifier.uri | https://hdl.handle.net/1813/34197 | |
| dc.language.iso | en_US | en_US |
| dc.subject | accountability public governance | en_US |
| dc.subject | socioeconomic rights justiciability | en_US |
| dc.subject | education health nigeria united states | en_US |
| dc.title | Can Socioeconomic Rights Ameliorate The Accountability Deficit Of The Nigerian State? | en_US |
| dc.type | dissertation or thesis | en_US |
| thesis.degree.discipline | Law | |
| thesis.degree.grantor | Cornell University | en_US |
| thesis.degree.level | Doctor of Science of Law | |
| thesis.degree.name | J.S.D., Law |
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