Review of Constraints and Solutions to the Enforcement of Human Rights in Nigeria

Abstract

Naturally, man is bequeathed with certain inalienable rights that are sacrosanct. These rights are not
conferred on human beings by law but the law recognizes what is already in existence. In Nigeria Sections
33-44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) depicted these rights. These
rights are intrinsic and fundamental that violation of any of them attracts an action of enforcement by the
aggrieved party. However, it has been noted that the extent of human rights enforcement in Nigeria has
been grossly inadequate, uncertain and doubtful as well, due to certain factorial constraints. Therefore,
this work sought to identify and evaluate the constraints to the enforcement of human rights in Nigeria and
to provide solutions to those constraints. The research adopted doctrinal research method and relied
greatly on data collected from primary and secondary sources. The primary sources consist of the
Constitution of the Federal Republic of Nigeria 1999 (as amended), case law, statutes, conventions,
regional and international legal instruments. The secondary sources included textbooks, journal articles,
internet materials, magazines and newspapers. A diligent analysis of the data assembled revealed that
enforcement of human rights in Nigeria is highly ineffective due to some institutional and non-institutional
constraints, such as: judicial mal-administration, doctrine of sovereign immunity, weak institutional
infrastructure, constitutional derogation, government disobedience to Court orders among others. The
paper therefore, recommends judicial reform, separation of the office of the Attorney General of the
Federation from the Office of Minister of Justice, exclusion of human rights instruments from the ambit of
Section 12 of the 1999 Constitution, amendment of some clauses in the Nigerian constitution especially
Sections 215 and 308. It equally recommended that government should have absolute obedience to Court
orders and create job opportunities for their citizens. Furthermore, there is need for the restoration of true
democratic governance in Nigeria to ensure respect, protection and fulfillment of human rights among
others.