APPRAISAL OF THE STATUTORY IMPEDIMENTS TO THE PROTECTION AND REALISATION OF HUMAN RIGHTS IN NIGERIA

Date

2017-04-28

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DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI

Abstract

The protection and realisation of human rights have engaged the attention of the world community, and though Nigeria has subscribed to major international human rights instruments such as the Universal Declaration of Human Rights, 1948; the International Covenant on Civil and Political Rights, 1966 (ICCPR); The International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR); and other regional human rights instruments, violations continue to occur with disturbing frequency and regularity in the nation. Indeed, today, as in the inglorious days of military rule, frequent cases of extra-judicial killings, unjustifiable torture of detainees by security agents, unbridled curtailment of freedom of the press, and objectionable discrimination against women, are still witnessed. Also, politically motivated arrests and detentions have continued unabated, and lengthy pre-trial detentions of detainees have continued with impunity. The pertinent question therefore is: what are the factors responsible for human rights violations in Nigeria despite the nation’s subscription to, and adoption of, many human rights instruments? The study investigated these impediments, with emphasis on those that are statutory. The statutory impediments refer to the drawbacks, inhibitions and snags provided in our statute books and range from express statutory derogation to reservation clauses provided by law The study adopted the doctrinal research method. In doing this, primary and secondary sources including statutes, law reports, provisions of the constitution, articles in learned Journals, books and internet materials were used in appraising these statutory impediments.. The study attempted an examination of the concept of human rights, its categories and historical background in Nigeria. The study also examined the legal framework for the protection, enforcement and realization of human rights in Nigeria. The study further x-rayed the statutory impediments to the protection and realization of human rights in Nigeria, being the crux of this study. Some of these statutory impediments include the problem of primacy between international human rights norms and domestic legislation, reservation clauses in human rights instrument, constitutional derogations and locus stand. The study also examined other impediments to the protection and realization of human rights in Nigeria,-to .wit; leadership —.. factors, people oriented factors and cultural factors. The study discovered, among other tilings, that inspite of increased awareness on human rights as well as the existence of human rights provisions in our statute books, cases of violations of human rights still abound. The study observed, among other things, that this is engendered in part by the derogation or reservation clauses contained in the statutes themselves. The study recommended, among others, the abridgement of the various derogation or reservation clauses in our statutes. This will, in no small measure, ensure the smooth protection, enforcement and realisation of human rights in Nigeria.

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Citation

BEING A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, NASARAWA STATE UNIVERSITY, KEFFI IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF A MASTER OF LAWS (LL.M) DEGREE