ABSTRACT

Treaties represent an important instrument by which States undertake and accept responsibilities

in the international arena. Nigeria has in furtherance of its international relations entered into a

number of multi-lateral and bilateral treaties. Nigeria has by its constitution expressly provided

for the treaty making procedure and how treaties can acquire the force of law in Nigeria. It is

however, apposite to note that the applicability of a treaty is dependent on a number of factors

beyond the signing ceremonies that usually attend the process of signifying consent to be bound

by the provisions of the treaty in question. Ratification and Domestication, which are the central

focus of this work, are integral part of that procedure.

This work, therefore, examines how treaties acquire the force of law, the inter-relationship

between the Executive and Legislative Arms of Government in treaty making, Procedure for

ratification and domestication and its challenges for Nigeria.

BACKGROUND TO THE STUDY

A great number of laws that make up the Nigerian body of laws emanates from treaties.

Consequently in Nigeria, treaties do not automatically have force of law or becomes applicable

and enforceable unless enacted into law by the National Assembly. Hence, Section 12(1) of the

Constitution provides as follows:-

vi

No treaty between the Federation and any other country shall have the force of law except to

which any such treaty has been enacted into law by the National Assembly.

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 Assembly in the Federation before it is

enacted into law and assented by the President. It follows, therefore, that until a treaty has been

domesticated in Nigeria, it cannot be applied within the country.

Treaties are governed by intern