📖 ABSTRACT/OVERVIEW
Nigeria's post-civil war and post-authoritarian transitions have not produced a comprehensive constitutional reckoning with historical injustices, generating ongoing grievances that complicate national cohesion and democratic consolidation. The emerging global field of transitional and transformative justice offers normative frameworks that may inform constitutional design choices in societies navigating historical wrongs. This doctoral research constructs an original theory of constitutional transformative justice tailored to the Nigerian post-conflict context, drawing on indigenous jurisprudential traditions, Ubuntu philosophy, African constitutionalism, and comparative transitional justice scholarship from South Africa, Rwanda, and Colombia. A multi-method legal theoretical methodology is employed, incorporating doctrinal analysis of relevant constitutional provisions, institutional ethnography of the National Human Rights Commission's historical violations mandate, and critical discourse analysis of presidential commissions of inquiry. Secondary sources include transformative constitutionalism scholarship, African philosophy of law texts, and transitional justice empirical literature from 2019 to 2024. The study makes three original scholarly contributions: a conceptual distinction between restitutive and transformative dimensions of constitutional justice; an original institutional design model for a constitutionally embedded reconciliation mechanism; and a normative theory of intergenerational constitutional responsibility applicable to the Nigerian context. The research recommends a constitutional amendment establishing a National Reconciliation Commission with judicial enforcement powers and an associated reparative fund. Keywords: transformative justice, constitutionalism, post-conflict, Nigeria, African jurisprudence.
Need Complete Chapters of the Above Topic?
Get high-quality, Zero-AI research materials with current citations.
Request via WhatsApp 💬