State Immunity and the Enforcement of International Human Rights Obligations in Nigerian Courts

The doctrine of state immunity, rooted in the principle of sovereign equality, traditionally bars national courts from adjudicating claims against foreign states. The evolution of international human rights law has generated ongoing tension between state immunity and the enforceability of fundamental rights, raising the question of whether immunity shields can be invoked to obstruct accountability for gross human rights violations. This research examines the application of state immunity doctrine in Nigerian courts in the context of international human rights enforcement, analysing cases involving foreign state defendants and evaluating Nigeria's statutory framework under the State Immunity Act. A doctrinal methodology was employed, systematically examining Nigerian superior court decisions on state immunity from 2010 to 2024, supplemented by comparative analysis of decisions from the United Kingdom, Germany, and the International Court of Justice. Secondary sources include public international law scholarship, ILC State Immunity Draft Articles, and human rights treaty body jurisprudence. The study develops an original analytical framework for evaluating the peremptory norm exception to state immunity in the Nigerian judicial context. Findings reveal an underdeveloped judicial treatment of the peremptory norm exception, with Nigerian courts generally applying absolute immunity principles in ways that may conflict with emerging customary international law on jus cogens. The research contributes original doctrinal analysis and recommends legislative amendment of the State Immunity Act to incorporate a jus cogens exception aligned with contemporary international law developments. Keywords: state immunity, human rights, international law, Nigerian courts, jus cogens.