Freedom of Movement and Internal Displacement Law in Nigeria: A Professional Assessment of the Legal Framework for IDPs in the North East

📖 ABSTRACT/OVERVIEW

Internal displacement in Nigeria's North East geopolitical zone, driven by the Boko Haram insurgency and counter-insurgency operations, has produced millions of displaced persons living in camps and host communities in Borno, Yobe, and Adamawa States. Nigeria lacks a dedicated Internally Displaced Persons Act, relying instead on the Kampala Convention (ratified in 2012), the National Policy on Internal Displacement 2022, and general security and humanitarian legislation. This study professionally assesses the legal framework for protecting internally displaced persons in the North East, examining the adequacy of Nigeria's Kampala Convention obligations, the National Policy on Internal Displacement, and the legal remedies available to IDPs for displacement-related rights violations. A doctrinal methodology is applied, reviewing the Kampala Convention text, Nigeria's ratification instruments, the National Policy on Internal Displacement 2022, OCHA Nigeria IDP reports from 2019 to 2023, and comparative legal frameworks from Uganda and Kenya. The study evaluates protection gaps in property rights during displacement, documentation access, freedom of movement within and from IDP camps, and the right to voluntary return. Available displacement law literature from Nigeria identifies the absence of a domestic IDP Act as the most critical legal gap, limiting enforceable rights for displaced persons before Nigerian courts. The Durable Solutions Framework and the Guiding Principles on Internal Displacement provide the normative reference. Recommendations address priority enactment of a Nigerian IDP Act aligned with Kampala Convention standards. Keywords: internal displacement, IDPs, Kampala Convention, North East Nigeria, humanitarian law.

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Departments# Public Law