The African Court on Human and Peoples’ Rights and Nigeria’s Non-Ratification of the Individual Communications Protocol: Implications and Pressures

This study analytically examines Nigeria's refusal to ratify the Optional Declaration under Article 34(6) of the Protocol to the African Charter on Human and Peoples' Rights, which would enable individuals and NGOs to file direct petitions before the African Court on Human and Peoples' Rights. Nigeria, Africa's most populous country and a leading contributor to the African Union, has yet to allow its citizens direct access to the African Court, a decision with profound implications for the regional protection of human rights. The research fills a gap in the literature by providing a comprehensive analytical treatment of the political, constitutional, and sovereignty-based arguments underlying Nigeria's non-participation, drawing on interviews with senior officials of the Nigerian Ministry of Justice, diplomatic correspondence, and positions expressed in African Union policy forums. Comparative analysis examines the experience of states that have ratified Article 34(6), including Tanzania (later withdrawn), Ghana, and Burkina Faso. The study applies international compliance theory and sovereignty bargaining frameworks to explain Nigeria's continued non-ratification. Findings identify concerns about domestic judicial sovereignty, diplomatic risk calculations, and bureaucratic inertia as primary explanatory factors. The study argues that non-ratification leaves Nigerian citizens without an important avenue of redress for human rights violations, particularly where domestic remedies are ineffective. Recommendations include a civil society campaign for ratification and parliamentary advocacy strategy. Keywords: African Court, individual communications, Nigeria, ratification, regional human rights.