THE PROSPECT OF JUSTICIABILITY OF SUSTAINABLE DEVELOPMENT IN NIGERIA AS A PATHWAY TO ACCOUNTABILITY IN GOVERNANCE

Beimonyo Vivien BRISIBE

Abstract


The concept of sustainable development has become a mantra for development but also accountability given the global challenges facing the world. Although, it is believed that most countries have incorporated its principles into legislation, the question of its operationalization still remains to be seen in different quarters. In Nigeria, the socio-economic and environmental objective principles are reflected in chapter two of its constitution, yet these are non-justiciable. Hence the calls for the justiciability of these so-called second generation rights. Despite these calls, there are serious concerns relating to over litigation by the citizenry and interfering with the principle of separation of powers. Consequently, the need to examine these issues with a view to proffer an alternative perspective in attempting to address the issues associated with justiciability. This article therefore suggests that through the application of the standard of reasonableness by the courts, the actions of the Executive arm of government can be subjected to judicial scrutiny in an objective manner and promote greater accountability in governance.

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