Nigeria’s Rising Insecurity And Terrorism: Between Crocodile Tears And Afflictions Heightened By Stylish Denial Of Guaranteed But Unprotected Socio-Economic Rights Of Citizens By Hameed Ajibola Jimoh Esq.

For some years past, terrorism which risks security of Nigeria
and her citizens has continued to rise beyond control. A law
prohibiting Terrorism was also enacted to curb and punish terrorism
and its perpetrators.

Then, of recent, other crimes affecting the security of the
nation have come to complement terrorism vis-à-vis: kidnapping,
rape, armed robbery, bribery and corruption, fraud (of whatever
category), etc. The government has been making efforts to eradicate
these menaces of insecurity and terrorism but some of the efforts
have almost become futile. This paper is of the view that
government really needs to really give adequate effects to the
provisions in the Chapter II of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended)-herein after
referred to as the Constitution- on the
socio-economic rights of the citizens so that these curbing efforts
can be effective, else, it might just be a form of crocodile tears
and afflictions heightened by this stylish denial of those
guaranteed but unprotected socio-economic rights of the citizens
which causes the terrorism and insecurity to befall the country to
the effects that it is becoming that there is no single area that
is safe and secure.

As an introduction, the Constitution by the Chapter
II on FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE
POLICY in section 13 of the Constitution has
guaranteed the socio-economic rights of the citizens as contained
in the said Chapter and mandates all the arms or organs of
government to conform to, observe and apply the provisions thus
‘It shall be the duty and responsibility of all organs
of government and of all authorities and persons, exercising
legislative, executive or judicial powers to conform to, observe
and apply the provisions of this Chapter of this
Constitution.’. Very unfortunately, the said
socio-economic rights have been left unprotected by virtue of the
provisions in section 6(6)(c) of the
Constitution which restricts the judicial powers of a
court of law to adjudicate on the enforcement of the said
socio-economic rights thus (6) The judicial powers
vested in accordance with the foregoing provisions of this section—
(c) shall not, except as otherwise provided by this Constitution,
extend to any issue or question as to whether any act or omission
by any authority or person or as to whether any law or any judicial
decision is in conformity with the Fundamental Objectives and
Directive Principles of State Policy set out in Chapter II of this
Constitution; …’.  When one considers the
socio-economic rights that have been left unprotected but were
actually guaranteed, it would show clearly that the law has been
made to do injustice to the Nigerian citizens considering the
benefits of those socio-economic rights were they to have been
enforceable and or implemented by the government, which was in my
humble view, a stylish way of taking away by the left hand from the
citizens what the rights hand had guaranteed to the citizens which
in my humble view, is responsible or is most likely be responsible
for the heightened insecurity and terrorism in the country leading
to the loss of thousands of lives, destruction of more than
billions of naira worth of property, displacement of settlers from
their communities and homelessness of some thousands (if not
millions) of Nigerian citizens and the destruction of the Nigerian
economy and destabilization of government and its policies such
becoming a regular and unavoidable afflictions in the land! I
therefore humbly recommend the amendment of the said
Section 6(6)(c) of the Constitution to
give effects and implementation to the impacts of the
socio-economic rights of the citizens as a way of eradicating these
twin: insecurity and terrorism.

Some of the socio-economic rights as socio-economic rights to:
i. democracy; ii. social justice; iii. Security; iv. Welfare; v.
participation in the government in accordance with the provisions
of the Constitution; vi. the composition of the Government of the
Federation or any of its agencies and the conduct of its affairs to
be carried out in such manner as to reflect the federal character
of Nigeria and the need to promote national unity, and also to
command national loyalty thereby ensuring that there shall be no
predominance of persons from a few States or from a few ethnic or
other sectional groups in that government or in any of its
agencies; vii. .the composition of the Government of a State, a
Local Government council, or any of the agencies of such Government
or council, and the conduct of the affairs of the Government or
council or such agencies to be carried out in such manner as to
recognise the diversity of the people within its area of authority
and the need to promote a sense of belonging and loyalty among all
the peoples of the Federation; viii. national integration; ix.
Freedom from discrimination on the grounds of place of origin, sex,
religion, status, ethnic or linguistic association or ties; x.
provision of adequate facilities for and encourage free mobility of
people, goods and services throughout the Federation ; xi. Security
of full residence rights for every citizen in all parts of the
Federation; xii. Encouragement of inter-marriage among persons from
different places of origin or of different religious, ethnic or
linguistic associations or ties ; xiii. promotion or encouragement
of the formation of associations that cut across ethnic,
linguistic, religious or other sectional barriers; xiv. Fostering
of a feeling of belonging and of involvement among the various
peoples of the Federation, to the end that loyalty to the nation
shall override sectional loyalties. xv. Abolishment of all corrupt
practices and abuse of power; xvi. Harnessing the resources of the
nation and promote national prosperity and an efficient, a dynamic
and self-reliant economy; xvi. 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, equality of status
and opportunity; xvii. without prejudice to its right to operate or
participate in areas of the economy, other than the major sectors
of the economy, manage and operate the major sectors of the
economy; xviii. Protection of the right of every citizen to engage
in any economic activities outside the major sectors of the economy
without prejudice to the right of any person to participate in
areas of the economy within the major sectors of the economy;
xix.  Direction of government’s policy towards ensuring— (a)
the promotion of a planned and balanced economic development ; (b)
that the material resources of the Nation are harnessed and
distributed as best as possible to serve the common good ; (c) that
the economic system is not operated in such a manner as to permit
the concentration of wealth or the means of production and exchange
in the hands of a few individuals or of a group ; and (d) that
suitable and adequate shelter, suitable and adequate food,
reasonable national minimum living wage, old age care and pensions,
and unemployment, sick benefits and welfare for the disabled are
provided for all citizens; xx. setting up  a body by an Act of
the National Assembly which shall have power— (a) to review from
time to time, the ownership and control of business enterprises
operating in Nigeria and make recommendations to the President on
same ; and (b) to administer any law for the regulation of the
ownership and control of such enterprises. xxi. ideals of Freedom;
xxii. Equality; xxiii.Justice; xxiv. equality of rights,
obligations and opportunities before the law ; xxv. the sanctity of
the human person and human dignity; xxvi. humane government’s
actions ; non-exploitation of human or natural resources in any
form whatsoever for reasons other than the good of the community
shall be prevented; xxvii. Security and maintenance of the
independence, impartiality and integrity of courts of law, and easy
accessibility thereto; xxviii. formulation of policy towards
ensuring that— (a) all citizens without discrimination on any group
whatsoever, have the opportunity for securing adequate means of
livelihood as well as adequate opportunities to secure suitable
employment ; (b) conditions of work are just and humane, and that
there are adequate facilities for leisure and for social, religious
and cultural life ; (c) the health, safety and welfare of all
persons in employment are safeguarded and not endangered or abused;
(d) there are adequate medical and health care facilities for all
persons ; (e) there is equal pay for equal work without
discrimination on account of sex, or on any other ground whatsoever
; (f) children, young persons, the aged are protected against any
exploitation whatsoever, and against moral and material neglect ;
(g) provision is made for public assistance in deserving cases or
other conditions of need ; and (h) the evolution and promotion of
family life is encouraged; xxix. Formulation of policy towards
ensuring that there are equal and adequate educational
opportunities at all levels; xxx. Promotion of science and
technology; xxxi. Eradication of illiteracy; xxxii. provision of:
(a) free, cumpulsory and universal primary education ; (b) free
secondary education ; (c) free university education ; and (d) free
adult literacy programme. Xxxiii. Direction of the foreign policy
objectives towards— (a) promotion and protection of the national
interest; (b) promotion of African integration and support for
African unity; (c) promotion of international cooperation for the
consolidation of universal peace and mutual respect among all
nations and elimination of discrimination in all its manifestations
; (d) respect for international law and treaty obligations as well
as the seeking of settlement of international disputes by
negotiation, mediation, conciliation, arbitration and adjudication
; and (e) promotion of a just world economic order; xxxiv.
Promotion and improvement of the environment and safeguard of the
water, air and land, forest and wild life of the country; xxxv.
protection, preservation and promotion of the Nigerian cultures
which enhance human dignity and are consistent with the fundamental
objectives as provided in the said Chapter II of the Constitution;
xxxvi. Encouragement of development of technological and scientific
studies which enhance cultural values; xxxvii. Freedom of the
Press, Radio, Television and other agencies of the mass media to
uphold the fundamental objectives contained in the said Chapter and
uphold the responsibility and accountability of the Government to
the people; xxxviii. Duties to:  (a) abide by this
Constitution, respect its ideals and its institutions, the National
Flag, the National Anthem, the National Pledge, and legitimate
authorities ; (b) help to enhance the power, prestige and good name
of Nigeria, defend Nigeria and render such national service as may
be required ; (c) respect the dignity of other citizens and the
rights and legitimate interests of others and live in unity and
harmony and in the spirit of common brotherhood ; (d) make positive
and useful contributions to the advancement, progress and
well-being of the community where he resides ; (e) render
assistance to appropriate and lawful agencies in the maintenance of
law and order ; and (f ) declare his income honestly to appropriate
and lawful agencies and pay his tax promptly.

Finally therefore, while some of the above listed items are
duties of government, others are duties of the citizens while the
others are socio-economic rights of the citizens. What this paper
considers much more is the duties of the government towards its
people and in other words, the socio-economic rights of the
citizens, which the government is urged to consider in order to
eradicate the twin insecurity and terrorism.

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