THE PITFALLS OF ECONOMIC AND SOCIAL RIGHTS IN NIGERIA: THE CORRUPTION CATALYST

Economic and Social Rights (ESR) are recognized and protected globally by the International Covenant on Economic, Social and Cultural Rights (ICESCR). Nigeria, a party to this Covenant, owes its citizens the obligation to respect, protect, and fulfill ESR, but has failed woefully in this regard. Aside from the challenge of the purported non-justiciability of ESR under the Nigerian Constitution, corruption is a catalyst for the abysmal violation of these rights. In Nigeria, abuse of power and heavy diversion of funds meant for infrastructure and resource needs for financing ESR into private pockets, are characteristics of corruption. This article will argue that the sustained dismal state of education, for example, is built on corruption. This study will analyze the case of SERAP v. FRN, which raised valid issues on access to education in Nigeria. Additionally, empirical secondary data on the misappropriation of allocated funds to other areas of ESR, such as the health sector, will be presented. The article will use classical analysis theory to draw conclusions and recommend means of achieving ESR by stemming corruption. This will be based on an enhanced legal consciousness and demands from individuals to promote accountability, transparency, independent judiciary, and overall good governance.