Decolonizing International Human Rights Law: A Nigerian Theoretical Perspective

This doctoral research develops an original theoretical critique of international human rights law from a Nigerian decolonial perspective, arguing that the dominant architecture of international human rights norms and institutions reflects and reproduces colonial epistemological and structural hierarchies that systematically undervalue African conceptions of rights, community, and dignity. The research engages with Third World Approaches to International Law (TWAIL) scholarship, Mahmood Mamdani's analysis of colonial citizenship, Makau Mutua's savage-victim-savior critique, and the African communitarian human rights philosophy articulated in the Banjul Charter's conception of peoples' rights to develop a Nigerian-grounded decolonial critique. A theoretical methodology employs critical discourse analysis of foundational international human rights instruments, UN treaty body jurisprudence, and international human rights reporting on Nigeria to identify patterns of epistemic injustice. The research further develops an original theoretical alternative, the Contributory African Rights Framework (CARF), which foregrounds collective rights, restorative justice, intergenerational obligations, and ecological interdependence as co-equal normative pillars alongside individual civil and political rights. The framework is tested through application to three Nigerian human rights controversies: the debate over LGBTQ+ rights, community land rights in the Niger Delta, and transitional justice for Middle Belt atrocities. The dissertation makes a substantial original contribution to international human rights theory by constructing a rigorous theoretical alternative to liberal individualist rights orthodoxy grounded in Nigerian and African intellectual traditions. Keywords: decolonial theory, international human rights law, TWAIL, African rights, Nigeria.