Introduction
This essay seeks to explore the intersection of social contract theory and the recurring issue of governmental breach of legal duties in Nigeria through a constitutional lens. Social contract theory, a foundational concept in political philosophy, posits that the legitimacy of government rests on an implicit agreement between the state and its citizens, wherein the state is obligated to protect rights and uphold the rule of law in exchange for obedience. In the Nigerian context, frequent allegations of governmental failure to adhere to constitutional mandates raise critical questions about the validity of this social contract. This analysis will examine the theoretical underpinnings of the social contract as articulated by key thinkers, assess Nigeria’s constitutional framework, and evaluate specific instances of governmental breach of legal duties. By doing so, it aims to highlight the implications of these breaches for the legitimacy of governance and citizen trust. The essay is structured into three main sections: an exploration of social contract theory, an overview of Nigeria’s constitutional obligations, and an analysis of governmental failures with relevant examples. Ultimately, it will argue that persistent breaches undermine the social contract and necessitate urgent reforms to restore accountability.
Social Contract Theory: A Theoretical Foundation
Social contract theory, as conceptualised by philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, provides a framework for understanding the relationship between the state and its citizens. Hobbes (1651) argued that individuals surrender certain freedoms to a sovereign authority to ensure order and security, implying a mutual obligation where the state must protect its people (Hobbes, 1651). Locke (1689), on the other hand, emphasised that governmental authority is conditional on safeguarding natural rights—life, liberty, and property—and that failure to do so justifies resistance (Locke, 1689). Rousseau (1762) further developed this idea, suggesting that the social contract is rooted in the general will, with the state acting as an expression of collective sovereignty (Rousseau, 1762). These perspectives, though varied, share a common principle: the state derives its legitimacy from fulfilling its duties to citizens.
In applying this theory to modern governance, particularly in a postcolonial state like Nigeria, certain limitations emerge. The social contract assumes a level of mutual accountability and consent that may not fully account for historical impositions of power or systemic inequalities. Nevertheless, it remains a valuable analytical tool to assess whether a government upholds its side of the bargain. In Nigeria, where democratic governance is enshrined in the 1999 Constitution, the social contract can be interpreted as the state’s obligation to adhere to constitutional mandates and protect fundamental rights. When the government fails in these duties, it arguably violates the contract, eroding its legitimacy.
Nigeria’s Constitutional Framework and Governmental Obligations
The 1999 Constitution of the Federal Republic of Nigeria serves as the supreme legal document outlining the structure of governance and the duties of the state. It establishes a federal system with separation of powers among the executive, legislative, and judicial branches, each tasked with upholding the rule of law. Chapter IV of the Constitution guarantees fundamental rights, including the right to life, freedom of expression, and access to justice, which the government is obligated to protect (Constitution of the Federal Republic of Nigeria, 1999). Additionally, Section 14(2)(b) explicitly states that the security and welfare of the people shall be the primary purpose of government, aligning directly with social contract principles.
Beyond rights protection, the Constitution mandates accountability mechanisms, such as independent judiciary and anti-corruption bodies, to ensure governmental adherence to legal duties. However, the effectiveness of these provisions is often questioned due to systemic challenges like corruption, weak enforcement, and political interference. This raises a critical issue: if the Constitution represents the formal expression of the social contract in Nigeria, what happens when the government consistently breaches its obligations? To explore this, the essay now turns to specific instances of such breaches and their implications.
Governmental Breach of Legal Duties: Evidence and Analysis
One prominent area of governmental failure in Nigeria is the breach of constitutional rights through security force abuses. For instance, the 2020 #EndSARS protests highlighted systemic violations by the Special Anti-Robbery Squad (SARS), a police unit accused of extrajudicial killings, torture, and extortion. Despite constitutional guarantees of the right to life and dignity under Sections 33 and 34, the violent response to peaceful protesters—most notably the Lekki Toll Gate incident on October 20, 2020—demonstrated a clear disregard for legal duties (Amnesty International, 2020). This event not only breached specific constitutional provisions but also undermined the social contract by failing to protect citizens from state violence.
Another critical breach pertains to the government’s failure to ensure socio-economic rights, such as access to education and healthcare, which, while classified as non-justiciable under Chapter II of the Constitution, are still moral obligations under Section 14(2)(b). Widespread inequalities in access to basic services reflect a broader systemic neglect, with millions of children out of school and inadequate healthcare infrastructure exacerbating public suffering (UNICEF, 2021). This persistent failure raises questions about whether the state is fulfilling its role as a protector of citizen welfare, a cornerstone of the social contract.
Moreover, corruption remains a pervasive issue, with public officials often accused of misappropriating funds meant for development. The judiciary, while constitutionally empowered to address such breaches, is frequently hampered by delays and political influence, further eroding public trust (Transparency International, 2022). These examples collectively suggest a pattern of governmental failure to uphold legal duties, arguably constituting a violation of the social contract. Such breaches not only weaken the legitimacy of the state but also fuel citizen disillusionment, as seen in declining voter turnout and widespread protests.
Implications and Potential Solutions
The recurring breaches of legal duties by the Nigerian government have profound implications for the social contract. When the state fails to protect rights or ensure accountability, it risks losing moral authority, leading to a breakdown in trust between citizens and governance institutions. This erosion can manifest in civil unrest, as evidenced by the #EndSARS movement, or in apathy towards democratic processes. Furthermore, persistent violations reinforce systemic inequalities, perpetuating a cycle of marginalisation and discontent.
Addressing these issues requires a multipronged approach. Strengthening institutional independence, particularly of the judiciary and anti-corruption bodies, is essential to enforce accountability. Additionally, reforms to ensure security forces operate within constitutional limits—perhaps through mandatory human rights training—could mitigate abuses. While these solutions face practical challenges, such as political resistance and funding constraints, they are critical to restoring faith in the social contract. Indeed, without such measures, the legitimacy of governance in Nigeria remains precarious.
Conclusion
In conclusion, this essay has examined the relationship between social contract theory and governmental breach of legal duties in Nigeria through a constitutional analysis. It has argued that the social contract, as reflected in the 1999 Constitution, imposes clear obligations on the state to protect rights and ensure accountability—obligations that are frequently violated through security abuses, neglect of socio-economic welfare, and corruption. These breaches undermine the legitimacy of governance and erode citizen trust, posing significant challenges to Nigeria’s democratic framework. Therefore, urgent reforms to strengthen institutions and enforce accountability are necessary to realign the state with its constitutional and moral duties. Ultimately, the Nigerian experience underscores a broader tension in applying social contract theory to contexts marked by systemic inequality and historical complexity, highlighting the need for both theoretical and practical reevaluation of state-citizen relations.
References
- Amnesty International. (2020) Nigeria: Time to End Impunity – Torture and Other Violations by Special Anti-Robbery Squad (SARS). Amnesty International.
- Constitution of the Federal Republic of Nigeria. (1999) Federal Government of Nigeria.
- Hobbes, T. (1651) Leviathan. Andrew Crooke.
- Locke, J. (1689) Two Treatises of Government. Awnsham Churchill.
- Rousseau, J.J. (1762) The Social Contract. Marc-Michel Rey.
- Transparency International. (2022) Corruption Perceptions Index 2021. Transparency International.
- UNICEF. (2021) Nigeria: Education Factsheet. United Nations Children’s Fund.
