THE IMPACT OF INTERNATIONAL TREATIES AND AGREEMENTS ON NIGERIAN LAW.
THE IMPACT OF INTERNATIONAL TREATIES AND AGREEMENTS ON NIGERIAN LAW. Nigeria’s international obligations are such that those under the African Charter on Human and Peoples’ Rights (ACHPR) can significantly directly or indirectly influence national legislation. Below we will understand how that influence works, 1. Direct Adoption into National Law Nigeria adopted the ACHPR through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9, Laws of the Federation of Nigeria 2004) . What this entails is that the Charter has the force of law in Nigeria, similar to any Nigeria national statute, Courts in Nigeria can now rely solely on the charter without any repercussion, even when domestic laws are silent or inconsistent on particular rights the charter can fill in the lacuna. For instance, Nigerian courts have relied on the Charter concerning freedom of expression, fair trial rights, and detention on different occ...