A COMPARATIVE ANALYSIS OF THE PROTECTION OF SOCIO-ECONOMIC RIGHTS IN NIGERIAAND SOUTH AFRICA

Abstract

Socio-economic rights (SERs) are essential for human dignity and the realization of justice and equality. Enforcement of socio-economic rights is a panacea to deluge of agitations over bad governance in many underdeveloped countries. While both Nigeria and South Africa recognize these rights in their constitutions, their approaches to protection and enforcement diverge significantly. This paper aims to provide a comparative appraisal of the constitutional, judicial, and institutional frameworks for the protection of socio-economic rights in both countries. It highlights South Africa's robust enforcement mechanisms, especially its justiciability model in contrast with Nigeria's more aspirational and non-justiciable treatment of SERs under its Constitution. The doctrinal research methodology was employed in this study wherein primary sources (statutes, case laws, etc.) and secondary sources (textbooks, journal articles, newspapers, dictionaries, encyclopedias etc.) were used. The paper recommends reforms for Nigeria that draw lessons from South Africa's experience to enhance the enforceability of socio-economic rights. Key amongst the recommendations is an urgent need to amend Section 6(6)(c) of the 1999 Constitution (as amended) to expressly confer justiciability status on socio-economic rights in Nigeria. The above will empower the courts to hold the State accountable for its socio-economic obligations and provide legal remedies for rights violations.