CRITIQUE OF HUMAN RIGHTS IMPEDIMENTS AND DEROGATIONS IN NIGERIA: THE WAY FORWARD

Abstract

As a result of widening global human rights concerns, the international community is increasingly responding to the need for individuals to be protected irrespective of nationality. The 21st century has seen tremendous changes around the world on human rights and human rights protections and many developed and developing countries are thriving to ensure that the human rights of its citizens are protected and guaranteed. Nigeria is a signatory to many international human rights instruments and has some laudable provisions in her constitution on the protection of fundamental rights. However, human rights violations are experienced on a daily basis by many Nigerians, ranging from extra judicial killings, torture of detainees, curtailment of freedom of the press, discriminatory cultural practices, as well as discriminatory legislations. This work examined human rights impediments and derogations in Nigeria. The research methodology adopted for this study is the doctrinal methodology which involved the library reading of primary and secondary sources of law which included statutes, case law, journal articles, textbooks, internet sources and analyzing same. This work has found that despite the provisions in chapter 4 of Nigerian constitution that protects fundamental rights, Human rights violations are prevalent. The Constitution has derogation clauses that allow fundamental rights to be suspended and also demands domestication of international instruments before they can have the force of the law. This work recommends that Nigerian Laws should be amended to largely comply with respect for human rights; and International Instruments ratified should apply without more.