The European Court of Human Rights and Its Relevance to Nigeria’s Constitutional Rights Jurisprudence

📖 ABSTRACT/OVERVIEW

This study analytically examines the relevance and influence of European Court of Human Rights (ECtHR) jurisprudence on the development of Nigerian constitutional rights jurisprudence, investigating whether Nigerian courts have referenced, applied, or critically engaged with ECtHR decisions in constitutional rights adjudication between 2015 and 2024. The ECtHR is the world's most prolific human rights tribunal, and its jurisprudence on rights including fair trial, freedom of expression, privacy, and freedom from torture has influenced common law courts globally, including in Africa. This analytical study employs doctrinal legal analysis, systematically reviewing 200 Nigerian Supreme Court and Federal Court of Appeal decisions on constitutional rights for references to or substantive engagements with ECtHR case law. Comparative analysis of selected ECtHR judgments on rights themes of particular Nigerian relevance, including rights of accused persons, freedom of assembly, and religious freedom, provides the comparative framework. Primary data from interviews with senior Nigerian advocates and constitutional law academics in Lagos and Abuja supplements the doctrinal analysis. The study fills a gap in comparative constitutional law by providing the first systematic empirical mapping of ECtHR influence on Nigerian judicial practice. Findings contribute to analytical understanding of the transnational circulation of European human rights norms through judicial channels. Keywords: ECtHR jurisprudence, Nigerian constitutional rights, comparative constitutional law, human rights, judicial influence.

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Departments# European Studies