EXAMINATION OF LAW AND PROCEDURE FOR DOMESTICATION OF TREATIES IN NIGERIA

No doubt countries which are geographically far apart are becoming increasingly interconnected and interdependent, sovereign privacy is gradually being obliterated as the high walls of nationalism continue to give way to internationalism, events which up to the middle of the twentieth century, were private and internal to the Sovereign are now the focus of international action. This result is the product of the unity created by both bilateral and multilateral treaties geared toward the common good of the international community. An intention to be so bonded is often evidenced by becoming a signatory to the said treaty, sometimes though in addition to being a signatory to a treaty, such a treaty may also have to be domestically incorporated by the state assuming such obligation before her citizens can fully benefit from its provisions. Section 12 of the Constitution of the Federal Republic of Nigeria 1999 as amended is one such instance. It requires that a treaty be domesticated by the Nigerian legislature before it can be admitted in Nigeria court. This section further provides that where the subject matter of a treaty falls outside the Exclusive legislative list, a bill for an Act of the National Assembly to give the treaty the force of law must be ratified by a majority of all the Houses of the State Assembly in the Federation before it is enacted and assented to by the president. This study examined the mode of enforcement of treaties in Nigeria and the challenges faced in the implementation and application of treaties the study was also geared towards ascertaining whether certain important treaties in international law have been effectively applied in Nigeria to promote the well-being of Nigerians. The study relied on case law and certain fundamental international conventions such as the Vienna Convention on treaties 1969 amongst others. The study also examined the position of Nigeria before and after the Third Alteration Act 2010 and the Treaties Making Procedure Act 2004 so as to ascertain whether or not the status of Nigeria has changed in her relationship with the international community. The study went further to make some recommendations. It is clear that more still has to be done towards promoting domestication of treaties in Nigeria.