AGF, Malami urges holistic observance of human rights – TheNigerialawyer

Attorney General of the Federation (AGF) and Minister of
Justice, Abubakar Malami, has said that the realisation of civil
and political rights without the enjoyment of economic, social and
cultural rights would be impossible, as human rights are universal,
indivisible, inter-dependent and inter-related.

The Senior Advocate of Nigeria (SAN) made the observation in his
keynote address at the third annual lecture of the Epiphany Azinge
Foundation themed ‘Nigeria: 40 years of Engagement with Fundamental
Objectives and Directive Principles of State Policy’ at Shehu Musa
Yar’Adua Centre, Abuja, on Wednesday.

The minister’s views were contained in a statement issued by his
Special Assistant on Media and Public Relations, Dr. Umar Gwandu,
yesterday in Abuja. Describing the provision of social, economic
and cultural rights as a form of social contract, the minister said
the provisions of those rights would avail every citizen the
acceptable yardstick for assessing the performance of government
and political parties.

Malami, who was represented at the event by the Permanent
Secretary, Ministry of Justice and Solicitor General of the
Federation, Adedayo Apata (SAN), stressed the need for the
enlargement of the concept of human rights in which economic,
social and cultural rights are duly incorporated in Chapter IV of
the Constitution as justiciable rights.

According to the minister, doing that will clearly be in tune
with the progressive global trend that have drifted to the
justiciability of socio-economic rights of the citizens, such as
the Optional Protocol on the International Covenant on Economic,
Social and Cultural Rights adopted by the United Nations General
Assembly (UNGA) on December 10, 2008.

“It is therefore my submission that though the Chapter II rights
retain their toga of non-justiciability, the courts, including the
Supreme Court, have made several pronouncements on the need to
observe and implement the provisions of the fundamental objectives
that incorporate the social contract.”

“It further remains my view that notwithstanding that the
provisions of the Fundamental Objectives and Directive Principles
of State Policy are considered non-justiciable by virtue of Section
6(6)(c) of the 1999 Constitution, in view of the fact that same
forms part of fundamental objectives of government, deliberate
efforts should be made to commence the implementation and
attainment of Chapter II objectives,” he said.