AN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES

AN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES

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ABSTRACT

Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executive, legislature and the judiciary. In particular, judicial protection of human rights becomes expedient not only for the rule of law but the determination of equality governance. For example, an organized government needs a functioning legal and judicial system to bring forth its aspirations through an enormous regard for the protection and promotion of human rights. On this note, this dissertation aimed at examining the effectives of the judiciary in discharging its duty in the enforcement of human rights in Nigeria through the study of the existing legal writings on the subject matter with a view to strengthening the institution in the final analysis. The sources of information relied upon were relevant books, articles in Journals publication, judicial authorities, statutes, conferences and internet materials. In the course of the research it was found among others that the judicial remedies which are in place to redress human rights violations are not adequate as a result of non-respect for the judiciary, corruption and political influence which leads to the non-enforcement of judgments and orders of the Court. Against this backdrop, this dissertation concluded by recommending amongst others that the current strive against corruption by the government should not be confined to the Judiciary but to the society at large in other to chastise and strengthen the institution to be able to make for the best means of protecting human rights in Nigeria.

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CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background to the Study

The protection and enforcement of human rights, should be the core concern of very human as

they are rights that one is entitled to by just being a human and it is a universal right. These

rights are not rights created by virtue of legislations alone rather, they are inherent. Although,

Nigeria has seriously improved in its constitutional provisions      regarding     human rights,

however, there are areas where improvements needs to be made just as the American Human

Rights Reports of 20121 pointed out, these areas includes; several killings by Boko Haram,

abuses and killings by Nigerian forces, absence of equality and problems of freedom of speech.

Unfortunately, Africa as a continent has been denoted as the land of unsuccessful, uneven and ill

administered conflict that is poverty-ridden.

Also, there appear to be a high level of corruption in the judiciary and the government

itself, it is evident by the hounding of corrupt judges by the present President Buhari‟s

administration, which lifted the veil of judges for the entire nation to see how the temple of

justice has been destroyed because of corruption.2

The judiciary plays a significant role in the promotion and protection of human rights in

any country, because it is the last hope of the common man. It is pertinent to note that human

rights can be adequately protected by the judiciary if the powers and role of judiciary is

preserved and devoid of injustice and corruption.

1US Department of State. Human Rights reports 2012.<https://www.state gov/j/drl/rls/hrrpt/2012humanrights report/index.htm#wrapper>accessed 10/2/2017.

2Odebode, N. et al. „DSS Arrest of Judges: Rivers C.P to be sanctioned for „Aiding‟ Governor Wike.‟ The Punch (Lagos, 10 October 2016) pp.10 &36.

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