AN APPRAISAL OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES

Abstract

Human rights in Nigeria are a complex issue with the Constitution as the grundnorm guaranteeing fundamental rights of people and with several other laws and ratified treaties enacted by Nigeria also aimed at protecting human rights. However, despite these protections, Nigeria faces various issues and challenges resulting to continuous violations due to various implementation gaps. The aim of this research is to appraise the role of the Nigerian judiciary in protecting human rights nationally and the research offers perspectives on its issues and challenges. It examines the institutions and laws responsible for the protection of human rights. Key international human rights instruments incorporated into domestic law are also reviewed. Through doctrinal research methodology, the strengths and limitations of the judiciary in enforcing civil, political, economic, social and cultural rights are analyzed. Key issues identified include delays in delivering justice, lack of access to justice, lack of awareness of human rights provisions, insufficient judicial training and reluctance to adopt proper interpretations. Comparisons are drawn with effective regional and global practices. It concludes that although the judiciary has advanced human rights in certain areas, reforms are necessary to address existing constraints and enable it to more effectively fulfill its protective role. The study further recommends measures such as establishing a more efficient enforcement procedure to tackle the identified issues and challenges.