Public Interest Litigation as a Tool for Enforcing Socioeconomic Rights in Nigeria: Selected Cases

📖 ABSTRACT/OVERVIEW

Public interest litigation has emerged in numerous jurisdictions as a powerful mechanism for holding governments accountable for violations of socioeconomic rights, including the rights to health, education, housing, and food. In Nigeria, the justiciability of socioeconomic rights under Chapter II of the 1999 Constitution remains constitutionally constrained, yet creative legal advocacy has expanded the practical scope of judicial review in this domain. This research surveys selected public interest litigation cases brought before Nigerian courts between 2018 and 2024, examining their procedural pathways, judicial reasoning, and outcomes. A doctrinal legal methodology is employed, analysing landmark judgments from the Federal High Court, State High Courts, and the Court of Appeal. Secondary data includes legal briefs, civil society reports, and academic commentaries on constitutional litigation strategy. The study traces litigation brought by organisations including the Socio-Economic Rights and Accountability Project (SERAP) and examines how courts have navigated justiciability objections while addressing substantive socioeconomic claims. Findings indicate a gradual judicial shift towards greater receptivity to such claims when framed as violations of fundamental rights or statutory duties. The research recommends legislative reforms to make socioeconomic rights directly justiciable and institutional support for legal aid organisations pursuing public interest cases. This study adds analytical value to the literature on constitutional law and judicial activism in Nigeria. Keywords: public interest litigation, socioeconomic rights, constitutional law, judicial activism, Nigeria.

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Departments# Law