Whether or not Nigeria is a socialist or welfarist State.  A critical approach by Umar Abdulmumeen kayode (Almudir Official)

Introduction

A socialist or welfare state is a state in which it government does things in a way that pleases or makes living for their citizen easy. In otherwords, a welfare state is a system whereby the state undertakes to protect the health and well-being of it citizen, especially in financial or social needs by means of grants, subsidies, pensions, free health care and other benefits.

The Nigeria system is not conclusively a welfare state and cannot be totally said to be non - welfare state. Nigeria in the sense of a welfare or socialist state has done so many things that if nothing is pointing to the contrary, it would be reasonably said that Nigeria is a socialist state. For instance, the government has made provisions of free basic health care centers across the country of which medication and treatment for all Nigeria citizens were free. Up to the 1990s, medical treatment was free in Nigeria government facilities, but as it is today, the expenses at government facilities are also high in spite the prevalence of subsidies..

 Furthermore, there use to be free education from primary school education to higher educational institution and senior secondary school in some cases. Adult in the 70's could testify to that effect. Prior to June 2023 the federal government used to subsidies the price for petroleum for all Nigerians but as we have it today the subsidy has been removed. All these among-st others are factors to consider on deciding whether or not Nigeria is a socialist state or otherwise. In this work, I will critically analyze, establishing firmly my position that Nigeria is not a welfare state.

 The Welfarist Constitution

The 1999 Constitution of the Federal Republic of Nigeria by virtue o chapter II provides for the fundamental objective and directive principles of state policy starting from section 13 which provides that it shall be the duty and responsibility of all governmental organs, person and authorities exercising executive, legislative and judicial powers to observe the provisions of the entire chapter 2 CFRN 1999. 

Of course, the provisions of that chapter can be best described as the government and the people section, its provides for the Nigerian State,s Political objectives, Economic objectives, Social objectives, Educational objectives, and Environmental objective. I will be using 4 of these rights enshrined in chapter 2 to justify my position that Nigeria is no a welfare state body.

Is Nigeria Welfare StateSection 14(2)6 provides that, "the security and welfare of the people shall be the primary purpose of government". According to Aguda,1"whenever the word shall is being used in the context of many statute, the intention of the draftsmen is that the directive is mandatory or ‘Compulsory"

Therefore, the constitution made it compulsory that the security and welfare of the people shall be the priority and primary purpose of the Government. The reality of it is that the Government of the past and present of Nigeria has no regards as to the safety and security of the people of Nigeria. Then, to all reasonable man in his right senses, it is known that the past and present Nigeria Government are not observing the provision of that section and ordinarily as a citizen of Nigeria. it is our constitutional right to enforce those rights which we provided by the constitution. 

On the other hand, it should also be within the power of the court to enforce the provision of the constitution. However, those rights so provided by the constitution has been a mere decoration or constitutional illusion. This is because action to enforce the said provisions has been expressly prohibited by the provision of section 6 (6) c. Respectfully, this also received judicial support in the two cases of Badejo v. Federal Ministry of Education2A\ and Adamu v AG Borno.

 Furthermore, section 15(5) provides that": the state shall abolish all corrupt practices and abuse of power. Corrupt practices include but not limited to, embezzlement and misappropriation of public funds. Abuse of power is the commission of an unlawful act, done in an official capacity which affects the performance of official duty. in other words, abuse of power is the misuse of authority to gain an unfair personal advantage in a public office. The Nigerian Government both past and the present had displayed in many instances, act of corrupt practices and abuse of power for their own personal and selfish interests. Those corrupt practices and abuse of power are in contradiction to the provisions of section 15(5) of the constitution and our courts of law has been ousted the jurisdiction to enforce the observance and compliance of that section by reason of section 6(6)(c) of the same constitution. See the case of Shugaba V. Minister of internal affairs (1981).

Moreover, the provision of section 17(2)(a) says that, "every citizen shall have equality of rights, obligations and opportunities before the Law" This is one of the most violated provisions of the constitution in Nigeria. What is obtainable is that, some categories of people are more equal in right and opportunities before the law, in fact some are even termed to be above the law. The main reason behind is that some people get to have more right, compare to others. i.e people of high class, wealthy and friends of state governors and ministers to have more rights compare to that of an ordinary Nigerian citizen, using job opportunities as an example, whenever a vacant of job opportunities come open, it is the traditional customs of our leader and people in authority to fight and for it in the interest if their own families and friends before the public will even get to know anything about such opportunities. At the end of the day, the vacant seat must have been occupied before the notice and attention of the ordinary citizen is drawn to it. These are among other are instances where the government are in breach of SECTION 17(2)(a) CFRN 1998 as amended. At the end of the day, the Court lacks the power in terms of jurisdiction to entertain and enforce the compliance of that constitutional provision by reason of SECTION 6(6)(c) CFRN 1999.This was also the position if the law as pronounced by the apex court of Nigeria in the case of. FRN V. Ralph Uwaziruike and 6 ors,4.

Lastly, section 18 (3) Which provides that,(3) Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provid (a) free, compulsory and universal primary education; (b) free secondary education; (c) free university education; and (d) free adult literacy programme.There’s no doubt that Education is the key to success; education eradicate poverty and chaos in the society. Free education was what was given to our past and early Nigerians leaders after independence. The likes of Obafemi Awolowo, Nnamadi Azikuwe, Prof. Wolesoyinka, J.P Clark amongst others were all educated free of charges and that was what makes then to be honest and upright.

The government was not able to keep up with that and today millions of children are roaming the streets hawking. It was because of the principal breach of section 18(3)(a), (b) and (c) that breaded many people who are today members of the terrorists’ groups frustrating the growth and prosperity of Nigeria. The story would have been different if the Government made provisions for free education has ordained by the constitution. However, it is not justifiable for a person to go to court so as to enforce the observance of that provisions.

Giving with one hand, and taking away with the other.

 Consequently, it therefore obvious that, the beautiful provisions of the constitution enshrined under chapter 2 CFRN 1999 as amended have been taken away by the import of the ouster clause provided in section (6) (6) (c). It is firm and clear therefore that Nigeria is not a welfare state. A country that it’s constitution provides or establish some rights and same constitution prohibiting and ousting the court Jurisdiction to enforce the observance of such rights cannot be said to be nationalist or socialist state. It simply like giving someone food with the right hand and collecting it back from the immediately with left hand, it would have been a different case if the ouster clause contained in section 6(6)(c) was not absolute i.e. if it was not just a mere exception to the general rule that those right can be enforced subject to some other reasonable exception like abuse of legal process.

Conclusion

It has been established that Nigeria is not a socialist or nationalist state making reference to several provisions of the constitution where the constitution established some right and some constitution is ousting the court the power of jurisdiction to enforce the compliance of those rights.I also established that the fact by making reference to several instances where the court made pronouncement in different occasion in different cases that the entire chapter 2. i.e, SECTION 13-24 are not actionable and justicable until when those provisions are made actionable and enforceable at the court, then we could say, Nigeria is a nationalist state.

Umar Abdulmumeen kayode is a passionate penultimate Law student at University of Abuja, Abuja Nigeria. 

7th Feb, 2023.