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 occasions.

 

2. Judicial Interpretation and Precedents

Nigerian courts relies on international human rights treaties to interpret constitutional provisions. For example, in Abacha v. Fawehinmi (2000), the Supreme Court held that when a treaty like the ACHPR is enacted into law, it becomes enforceable in Nigeria. As since then the matter have be cited as precedents in similar matters. Courts have used the Charter to fill up the lacunae in domestic human rights laws or assist with constitutional protections (e.g., Sections 33–46 of the 1999 Constitution).

 

3. Influence on Legislative Reforms

Although Nigeria's legislature is not legally bound to domesticate every law with international treaties, obligations under the ACHPR and similar treaties have aided in shaping the legislative direction, especially on  Anti-torture laws (e.g., Anti-Torture Act, 2017), Child rights (e.g., Child Rights Act, 2003) and Gender equality and violence against women (e.g., Violence Against Persons (Prohibition) Act, 2015). These reforms follows international screening and recommendations from bodies in charge like the African Commission on Human and Peoples’ Rights, or periodic treaty reporting obligations.

 

4. Limitations and Challenges Faced During Such Enactment

Despite these effective influences of the treaty in the Nigeria Law, there are still challenges and limitations often faced:

• Nigeria practices a dualist system, meaning treaties must be enacted into law before they have domestic effect.
• Not all treaties are domesticated, making it nearly impossible to enforce and enforcement can be weak even for those that are.
• Political and cultural resistance can delay or weaken the domestication of some international obligations, especially around gender or LGBTQ+ rights or long practices that the country is already accustomed to.

 

In conclusion, Nigeria’s international human rights obligations especially under the African Charter play a foundational and interpretative role in aiding national legislation and judicial decisions. However, their effectiveness depends on domestic enforcement mechanisms practice, judicial independence, and political and cultural will.