SOCIAL CONTRACT AND SOCIAL JUSTICE THEORY-THE RELATIONSHIP BETWEEN THE GOVERNMENT AND THE GOVERNED IN NIGERIA

SOCIAL CONTRACT AND SOCIAL JUSTICE THEORY-THE RELATIONSHIP BETWEEN THE GOVERNMENT AND THE GOVERNED IN NIGERIA

ABSTRACT

 

The background of this study is premised on the Social Contract theory. It explains the source of the governments’ legitimacy and justifies why every citizen should be guaranteed freedom and equality. The

1999 Nigerian Constitution has assured the citizens of Nigeria of ‘Democracy and Social Justice’. However, the fundamental problem is that the current state of the country has depicted otherwise- this is evident by the number of citizens who have been experiencing social injustice. Consequently the study aimed to examine the relationship between the government and governed in Nigeria, utilizing the Social Contract and Social Justice theories. In achieving this aim, the research methodology employed were the doctrinal and non-doctrinal methodology. Flowing from this, it was found that the promises made by our government in the Constitution are greatly a mirage as our citizens’ fundamental human rights have been violated repeatedly. Consequently, this paper recommended that an independent body be established to monitor that the government complies with its responsibilities and obligations in the Constitution, in order to strengthen the relationship between the Nigerian government and its citizens. It is hoped that the embodiment of the social contract in its true form would help to improve the welfare and wellbeing of the citizens of Nigeria.

 

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CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

 

The state of nature is the starting point for most social contract theories. The state of nature depicts what human life looked like without a government or an organized society. In the beginning, man lived in a state of nature. According to Locke^[1], when man is in a state of nature he is solitary and independent, man has not yet discovered reason, he is unaware of his rights and only acts upon his instincts. He does not know what love is and beauty is of no significance to him. As soon as man has an encounter with another individual, he finds out that in certain cases, there are matters which are of mutual interest to which he can cooperate with others and rely on them^[2]. Loose associations are formed, but the absolute turning point is when man begins to live in huts with his family, he starts living in a small society. Everything now begins to change his perspective. In a state of nature, there are no social goods-no farming, no industry, no education, no housing, no technology, life is poor, nasty and short^[3]. In a state of nature society, the strongest would control others that are weak; Society would have no rules or laws forbidding or discoursing unethical or immoral behavior^[4]. People would be forced to be solely self-interested in order to survive. In order to prevent this, the best solution was for society to come to a collective understanding- a social contract. ‘

Every democratic government in power, all over the world has a social contract with its people and the Nigerian government is no different. The reason why the social contract has been adopted in many legal systems and contemporary democracies today is due to the fact that every modern democracy desires to have social order. In Nigeria, the social contract is evident in our constitution making process itself, as the formation of the 1999 Constitution was created through our representatives who were appointed by our citizens to represent them on the constitutional drafting committee. Thus, the legitimacy of our government today is based on the social contract theory.

 

The government plays an important role in this contract as the foundation of every government is the social acceptance by its citizenry to be governed by the appropriate authority.

The Nigerian Constitution has provided in section 14(1) that ‘The Federal Republic of Nigeria shall be a state based on the principles of democracy and social justice^[5]’. And in section 14(2), it affirms that ‘the sovereignty belongs to the people of Nigeria, from whom the government through the Constitution derives its powers and authority’; and ‘the security and welfare of the people shall be the primary responsibility of the government^[6]’. These declarations are in line with what Hobbes prescribed as the ideal society. The language of the Constitution captures succinctly the extant social contract upon which it operates and though the words of the drafters of our constitution appear promising and depicts the government’s willingness to ensure that every Nigerian lives a fufilled life under a secure environment, however there seems to be a common consensus amongst the citizens of Nigeria that the political state of our country (corruption, ethnicism, election rigging, and sycophancy) has made the social contract we have entered into with our government unrealizable. Thus, it is questionable whether these promises made in our preamble are all a mirage. This paper therefore aims to review our constitutional laws to decipher if our laws represent the desires, hopes and aspirations of our citizens and analyze how well our government has abided by their constitutional obligations to guarantee our rights under our 1999 Constitution in accordance with the Social Contract and Social Justice Theory. This paper will also examine both the dangers and benefits of utilizing the Social contract and Social Justice theory in our legal system.

1.2 STATEMENT OF THE PROBLEM

 

The Nigerian government entered into a Social Contract with its citizens once the Nigerian Constitution came into existence. Specifically, section 14(1) of the 1999 Nigerian Constitution^[7] assured the citizens of Nigeria that ‘the Federal Republic of Nigeria shall be a state based on the principles of democracy and social justice’. However the current state of the country depicts otherwise. The government seems to have partaken in a deliberate ploy to undermine the people and their Constitutional rights as provided for by the Constitution of the Federal Republic of Nigeria.

The fundamental problem is that, the Nigerian citizens have been experiencing severe economic recession, failed security, political violence, kidnapping and murders by violent groups like the Boko Haram, child abuse and child trafficking, corruption, embezzlement in public funds; our infrastructure is decaying and is still neglected by the government as there are still bad roads, bad hospitals, poorly built and unequipped schools^[8]. Poverty has plagued the rural and urban communities. The poverty rates in 2010 was at 69 percent and in 2021 it is at 92 percent^[9]. The government has failed to provide employment opportunities for its young citizens.

According to our econometric models, the Nigerian youth unemployment rate increases each year and is projected to be at 44 percent this year^[10]. Furthermore, the dichotomy that exists between the rich and the poor in Nigeria is contrary to what the government promised in the preamble of our Constitution ‘that there would be welfare and equality for all persons in the country¹¹’. The abuse of our democracy and justice process is also imminent with the constant rigging of our elections and corruption in court processes which is contrary to the principles of social justice.

Our Constitution stipulated that ‘the sovereignty belongs to the people of Nigeria from whom the government through the Constitutions derives its powers and authority^[11]’, however our Nigerian citizens have been robbed off their sovereignty. Their voice is being silenced and the citizens feel helpless in confronting the state because they are in fear of being victimized or killed off if they speak up for their rights. The recent ‘End Sars’ movement is concrete proof of this fact. The Nigerian government has continued to capitalize on the docility and ignorance of the people and the quality of our political leadership has left nothing to be desired^[12].

 

From the above problems outlined, it is clear that the Nigerian government has consistently and flagrantly abused the provisions of the Constitution and the government in power has succeeded in not keeping to the bargain of their social contract, because of their selfish desires to remain in the corridor of power.

 

RESEARCH QUESTIONS

 

In carrying out this research, this study seeks to answer are as follows:

 

1. Is there any social contract binding the Nigerian citizens to be part of the state and does the Nigerian government have the right to exert authority over the Nigerian citizenry?
2. What role does the social contract play in ascribing responsibility to the Nigerian government?

• Can the 1999 Nigerian Constitution serve as a tool to enforce the social contract between the Nigerian government and the citizens?

1. How effective is our human rights law in achieving social justice in Nigeria?

 

In response to these salient questions, this study seeks to analyze and answer these research questions; as well as provide practical solutions.

1.3 AIMS AND OBJECTIVES OF THE STUDY

 

The purpose of this research paper is to examine the relationship between the government and the governed in Nigeria, utilizing the social contract and social justice theories. The specific objectives include:

1. To determine whether there is any form of social contract binding the Nigerian citizens to be part of the state and to determine if the Nigerian government has the right to exert authority over the Nigerian citizenry.
2. To determine what role the Social Contract Theory plays in ascribing responsibility to the Nigerian government.
3. To determine whether the 1999 Nigerian Constitution can serve as a tool to enforce the social contract between the Nigerian government and the citizens
4. To determine the efficacy of our Human Rights law in achieving Social Justice in Nigeria.

1.4 SCOPE AND LIMITATION OF THE STUDY

 

Geographically the area covered for the purpose of this research, is the state of Nigeria. This research will focus mainly on examining the dynamics of the relationship that the Nigerian citizens have with the government in Nigeria, whilst utilizing the Social Contract and Social Justice Theory. There are no perfect research works and this study is no exception. The limiting factor to this research is the small amount of time given to conclude this research. All the problems that our Nigerian citizens are experiencing and all the breaches committed by the government cannot be fully examined because of the time restraint. This research will therefore focus on the most current and persisting socio-economic problems in greater detail. Thorough comparisons; in respect of the available statistics and indices that will depict the consistent abuses and breaches of citizens’ rights that the government may have committed, may not be examined in detail due to the same factor.

1.5 SIGNIFICANCE OF THE STUDY

 

This research work has practical and theoretical significance. It is an academic research that will open up greater debates and discussions on the topic of ‘The relationship between the governed and the government in Nigeria. amongst human rights activists in Nigeria, policy makers, academic scholars and the world. The study will shed light to the very sensitive issue of social injustice done to citizens in Nigeria and whether the government is responsible for any of the human right violations or breaches of the social contract committed by the government. This will consequently create an opening for possible reviews of our laws and enforcement mechanisms to ensure that both the citizen and the government are abiding by their Constitutional obligations.

1.6 RESEARCH METHODOLOGY

 

For this paper, extensive research and analysis of a vast range of intellectual materials will be employed; in order to facilitate the presentation of an accurate and well researched long essay.

Legal research methodology is divided into two forms of approaches: Doctrinal^[13] and Non- Doctrinal approach^[14].

 

This research adopted the doctrinal research method because considered what the rights and duties are of the Nigerian citizen and government to determine if they were abiding by the Social Contract, and if there is Social Justice guaranteed for the people of Nigeria. Thus, it examined the 1999 Nigerian Constitution substantially; given the fact that our Constitution is one of the main evidence that depicts that a social contract exists between our government and the citizens. Nigerian citizens and the government of Nigeria.

This research also adopted the non-doctrinal research methodology.^[15] Specifically, it utilized qualitative research technique as the data was gathered through an interview method where female and male citizens in Nigeria were asked a question on social justice issues in Nigeria. Their responses was analyzed by assigning a numerical value to the participants’ responses. In regards to the sample size for this research, 55% of the participants of the interview were aged 18-35; 39% were aged 36-60; and 4% were aged 61 and above. The sample size was not too large so that the cost and time to conduct this research would not be substantial. The sample size was not also not too small so that the responses given by the participants would adequately represent the social realities of the population in Nigeria being studied; this was how the sample size was determined. The sample method used for the data collected was the probability sampling method as the participants were picked randomly across the six geo political zones in Nigeria to ensure the interview was inclusive. Thus, the participants selected were representatives of the population of interest.. Specifically, the question asked during the interview to the participants was ‘what major social justice issue do you believe needs to be addressed and prioritized by the Nigerian government^[16]. The participants’ responses were analyzed during the course of this research work.

1.7 LITERATURE REVIEW

 

In conducting this research, there were numerous articles and journals that was beneficial to this long essay. Some of the scholars whose work served as available research material for this topic are: Rufus and Eyo, Falaye, Oyeyemi, Nwamuo etc; amongst many others. These scholars shared their thoughts in regards to the Social Contract that exists between the Nigerian government and its citizens, as well as Social Justice issues in Nigeria.

Rufus and Eyo^[17] firstly broke down why the Social Contract theory was initially developed. They opined that in the state of nature the life that man lived was one that was disorganized and man didn’t have an established structure that would regulate the behavior and conduct of humans, hence why there was a need for a social contract. Meanwhile Falaye and Okeregbe¹⁹ observed that ‘the Social Contact has been misconstrued as a contractarian act, in the sense that it is been viewed as a voluntary act when the persons who enter the contract, have the ultimate aim of achieving the specific venture. Rather they believe that the social contract is what forms the basis for any governmental organization to be seen as legitimate; it is also an agreement between the government and the governed, in which the government agrees to provide peace and security for its citizens, in exchange for obedience.

The scholar Oyeyemi^[18] however analyzed that ourNigerian government has not lived up to the ideals of the social contract propounded by Hobbes. He stated that ‘our government has failed in their duties, because poverty is still part of the fabric of our society, as well as other political and socio-economic challenges. Ogubju and Eneh^[19], also held a similar opinion to Oyeyemi, they

 

 

observed that Nigeria falls behind in terms of economic development; compared to other developing countries; in addition widespread poverty in eminent in our social structure as well as decaying infrastructure, child labor/abuse and trafficking, embezzlement of public funds, industrial unrest, degrading environment etc’. These conditions are not in line with what Hobbes proposed for an ideal state such as Nigeria. It is also not in line with what section 14 of our Constitution²² promised for our citizens and what the preamble states, which was for the government to rule the state in line with the principles of social justice and democracy.

The scholar Onanuga²³ also expressed that the government had failed in their governance and consequently this has resulted in social injustice. He stated that ‘we all are victims of bad governance and all experience its symptoms- failed schools, failed security, bad roads, bad hospitals, poor power supply, vanishing opportunities for youth, the great dichotomy between the rich and the poor, Boko Haram terrorism etc.’. As a result of this, a lot of citizens have a receding faith in the country as a whole. Meanwhile Abegbunde and Akinyemi²⁴ opined that in light of the Social Contract, the government has succeeded in making Nigeria a declining state, and the effect of the socio-economic problems confronting our society because of a failed government has led to our public welfare being pervasive.

1.8 SYPNOSIS OF THE CHAPTERS

 

This study will be divided into 5 chapters.

 

Chapter One reveals the background of the study, the problem statement, the significance of examining the substantive and procedural rights of a defendant, methodology etc. Essentially chapter one will give a general introduction of this topic to give readers an insight as to what the study is generally about.

Chapter Two will reflect a conceptual framework/analysis of the relationship between the governed and the government in Nigeria; which will contain the meaning of Social Contract

 

<https://www.researchgate.net> assessed 14^th February 2021.

• CFRN !999.
• Onanuga, B ‘Nigeria’s crisis of governance’ (2014) (152) (1) European Journal of Scientific Research; 304-321 <https://pnewsnigeria.com /2014/03/13/nigerians-crisis-of-governance> assessed 14^th February 2021.
• O Abeguande and T Akinyemi, “Public policy, Welfarism and Social service delivery in Nigeria: the case of a receding state” (2014) (22) (1) Journal of Law Policy and Globalization; 134-144 <https://researchgate.net> assessed 14^th February 2021.

and Social Justice, the juristic origins of the Social Contract theory, the principles of social justice and the Role of the Social Contract in contemporary democratic societies.

Chapter Three goes in-depth to discuss the legal framework of the Social Contract model in our Nigerian laws; specifically this research will look at the main law that governs the country- which is the 1999 Nigerian Constitution..

Chapter Four will critically examine the causes of the breach of the social contract in Nigeria as well as explore the solution for achieving Social Justice in Nigeria.

While Chapter Five is the final and concluding part, it will contain the summary of my findings, the observations and recommendations that will shed light on the way forward; in order to ensure that Nigerian government and the Nigerian citizens avoid further breaches of the social contract they have agreed to.

[1] M. Nation, ‘Locke’s Social Contract: Is it Legitimate’ (2019) (62) (1) College Language Association Journal, 85- 95 <https://uca.edu> assessed 16 February 2021.

[2] Ibid.

[3] J. Fieser, ‘Social Contract Theory’(2017) (1) (1) Classical Eastern Philosophy Journal <https://www.utm.edu> assessed 7 February 2021.

[4] Ibid.

[5] CFRN, 1999.

[6] Ibid.

[7] Ibid

[8] J. Nkwede, “The Nigerian State and Hobbes’ Social Contract Theory: An Albatross around the Collective Will of the People” (2019) (1) (152) European Journal of Scientific Research; 304.

[9] D.Becker ‘Nigeria Poverty Rate 1985-2021’ (2021) (15) (1) European Journal of Social Sciences <https://www.macrotrends.net> assessed 14 February 2021.

[10] J. Nkwede, “The Nigerian State and Hobbes’ Social Contract Theory: An Albatross around the Collective Will of the People” (2019) (1) (152) European Journal of Scientific Research; 304-321. ¹¹ CFRN, 1999.

[11] S.14 CFRN, 1999.

[12] Nkwede (n 13).

[13] . Doctrinal or library-based research is the most common methodology employed by those undertaking research in law. It asks what the law is in a particular case. It is concerned with the analysis of the legal doctrine and how it was developed and applied; Salim Ibrahim Ali, Z. M. Yusoff, Z. A. Ayub, ‘Legal Research of Doctrinal and Non Doctrinal, International Journal of Trend in Research and Development’ (2019) (4) (1) ISSN < https:// www.ijtrd.com> accessed on 10 February 2021.

[14] Non doctrinal research, also known as socio-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or reform of the existing law.

[15] Non doctrinal research, also known as socio-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or reform of the existing law.

[16] ‘National Survey of Nigerian Public Opinion’ (2016) <httos://www.iri.org> 21^st March 2017.

[17] R Anthony and D Eyo “The Lockean State of war and the Nigerian State: a comparative analysis” (2017) (17) (3) Global Journal of Human Social Science: F Political Science, 35-41 <https://www.researchgate.net> assessed 14^th February 2021. ¹⁹M Falaye and A Okeregbe, “Social Contract Theories and Governance in Contemporary Nigeria” (2016) (1) (1) Ethics, Governance and Social Order in Africa Journal <https://www. research gate.net> assessed 10th February 2021.

[18] R. Oyeyemi, “Thomas Hobbes and the Nigerian State” (2003) (152) (1) European Journal of Scientific Research; 304-321 <https://www.nigerianword.som/comlumnist/oyeyemi/080703.html> assessed 14^th February 2021.

[19] S Ogbuju and O. Eneh , O.C ‘Locating the reality of the Social Contract theory and the failed state concept in Nigeria’s governance (2014) (6) (1-4) Sustainable Human Development Review; 6-19

 

SOCIAL CONTRACT AND SOCIAL JUSTICE THEORY-THE RELATIONSHIP BETWEEN THE GOVERNMENT AND THE GOVERNED IN NIGERIA

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