Acta Universitatis Danubius. Juridica, Vol 7, No 3 (2011)

Abstract

Housing is one of the basic needs of human kind. Given its quintessential relevance to the overall development of man and the State; the question is posed: whether there is a right to adequate housing in the citizen to warrant a demand from the State to fulfill this right; and whether there should be such a right?  This paper sets out to examine the concept of Right as it relates to housing and enters into a discourse as to whether there is a fundamental right to housing under Nigeria law. A corollary to the above is to answer the question whether such a right should be cognizable under Nigerian law. In a doctrinal research approach, the paper concedes that housing is a prerequisite to optimal utility of man and the state. Unfortunately, right to housing does not enjoy the same ranking with civil and political rights for obvious reasons enunciated in the paper. The implication is that there is no enforceable right to housing under our law. Notwithstanding, the paper posits that it is desirable for the State to create an enabling environment for the realization of this right because of its multiplier effect on the individual and the State.