LEGAL REVIEW OF THE NON-JUSTICIABILITY OF CHAPTER II OF THE 1999 CONSTITUTION OF NIGERIA IN REFERENCE TO RIGHT TO HEALTH.

The right to health is widely recognized as a fundamental human right essential to the well-being and development of individuals and society. However, in Nigeria, the constitutional provisions relating to socio-economic rights, including the right to health, are contained in Chapter II of the 1999 Constitution under the Fundamental Objectives and Directive Principles of State Policy, which are declared non-justiciable by Section 6(6)(c) of the Constitution. This research therefore examines the legal implications of the non-justiciability of Chapter II of the 1999 Constitution with particular reference to the right to health in Nigeria. The study adopts a doctrinal research methodology relying on primary and secondary sources of law, including constitutional provisions, statutes, judicial decisions, textbooks, journal articles, and relevant international instruments. The research analyses the concept of the right to health, the nature and implications of the non-justiciability doctrine, and the legal frameworks governing health rights in Nigeria. It also examines international and regional instruments such as the African Charter on Human and Peoples’ Rights and evaluates how courts have interpreted and enforced health-related rights despite constitutional limitations. Furthermore, the study compares Nigeria’s position with jurisdictions such as India and South Africa where socio-economic rights have gained greater judicial recognition. The study finds that the non-justiciability of Chapter II creates a legal gap that limits citizens’ ability to enforce their right to health and weakens governmental accountability in the provision of adequate healthcare services. Although certain judicial decisions and the domestication of the African Charter have provided alternative avenues for the protection of health rights, these mechanisms remain limited and inconsistent. The research concludes that strengthening the legal framework governing the right to health is essential for improving public health governance in Nigeria. It therefore recommends constitutional reforms, proactive judicial interpretation, and stronger legislative measures to enhance the enforceability of the right to health and ensure that the government fulfills its obligations toward the health and well-being of its citizens.