The African Court on Human and Peoples’ Rights: Access and Effectiveness for Nigerian Petitioners

📖 ABSTRACT/OVERVIEW

This paper examines the accessibility and effectiveness of the African Court on Human and Peoples' Rights (AfCHPR) as a remedy mechanism for Nigerian citizens and civil society organisations seeking international redress for human rights violations. Since Nigeria deposited its declaration allowing individual and NGO direct access to the Court in 2004, the number of Nigerian cases before the AfCHPR has been limited despite widespread human rights concerns in the country. The research employs a descriptive doctrinal methodology, analysing the AfCHPR's founding protocol, its admissibility criteria, the cases filed by Nigerian petitioners, and the outcomes achieved in those proceedings. It evaluates practical barriers to access including awareness gaps among Nigerian lawyers, the cost of international litigation, the Court's geographic distance, and the limited enforceability of its judgments domestically. The paper also examines the AfCHPR's jurisprudence on issues relevant to Nigeria, including freedom of expression, the right to fair trial, and minority rights. Findings suggest that the Court has significant potential as a regional human rights mechanism but remains underutilised by Nigerian petitioners due to both structural and informational barriers. The study further considers how the withdrawal of individual access declarations by states like Tanzania affects the broader regional human rights system and the lessons this holds for Nigeria's own commitment. Recommendations include legal aid schemes for AfCHPR litigation, judicial education on regional human rights law, and legislative steps to facilitate enforcement of AfCHPR judgments. Keywords: African Court, human rights, Nigeria, regional mechanisms, access to justice.

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