The Obsolete Justiciability Debate on Economic, Social, and Cultural Rights in Nigeria

It is widely recognised that concerns about human rights are not confined to any particular region or continent, and globally, various mechanisms for their implementation have continued to evolve. On a global scale, the realisation of economic, social, and cultural rights (ESCRs) has faced significant challenges and setbacks, primarily due to issues related to its definition, the nature of states’ obligations, the diversity of implementation mechanisms, and the absence of effective remedies. Nigeria is not alone in this struggle, but unfortunately, negative reports on the state of ESCRs in the country remain persistent. The Nigerian government has failed to recognise that the realisation of these rights could significantly foster economic development and uphold human dignity, particularly as we move closer to 2030. This article contends that the argument that ESCRs lack justiciable characteristics can no longer be sustained in light of a rational examination of law at both national and international levels. The article also aims to contribute to the ongoing discourse on the effectiveness of judicial activism as a catalyst for societal transformation in Nigeria.