Public International Law and Nigeria’s Treaty Obligations: A Professional Assessment of Compliance with the African Charter on Human and Peoples’ Rights

📖 ABSTRACT/OVERVIEW

Nigeria ratified the African Charter on Human and Peoples' Rights in 1983 and domesticated it through the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, creating a legal obligation to respect, protect, and fulfil the rights guaranteed therein. However, state compliance with specific Charter obligations, including rights to fair trial, prohibition of torture, and socio-economic rights, has been inconsistent, and the African Commission on Human and Peoples' Rights has issued numerous communications against Nigeria. This study professionally assesses Nigeria's compliance with the African Charter, examining selected communications decided against Nigeria by the African Commission from 2015 to 2023, the domestic enforcement record of Charter rights before Nigerian courts, and the government's response to adverse Commission decisions. A doctrinal and policy methodology is adopted, reviewing the domestication Act, African Commission decisions, judicial decisions applying the Charter, and government reports submitted under the African Peer Review Mechanism. Available international human rights law literature from Nigeria identifies failure to implement Commission decisions, persistent torture in detention, and inadequate socio-economic rights realisation as the most documented compliance failures. The State Compliance Theory of International Law and the African Human Rights System Framework provide the analytical reference. Recommendations address legislative compliance mechanisms, institutional human rights infrastructure, and judicial training on Charter jurisprudence. Keywords: African Charter, human rights compliance, Nigeria, African Commission, international law.

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Departments# Public Law