EFFECTIVENESS OF FUNDAMENTAL HUMAN RIGHTS IN THE NIGERIAN LEGAL SYSTEM

Abstract

This research examines the effectiveness of the fundamental human rights on the Legal system of Nigeria. It focuses on the fundamental human rights as contained in the constitution of Nigeria; however, it considered certain other international instruments in the identification of these fundamental human rights. These rights are fundamental because they are contained in the fundamental law of the land�the constitution and are protected and guaranteed by the law. Nevertheless, these fundamental rights have some limitations which restrict the application in the Nigerian Legal system. As much as they are guaranteed and can be enforced by the law, they will not be protected in every case as there are provisions that restrict the respect of fundamental human rights in Nigeria. The crux of this research is in the consideration of how effective the fundamental rights are and their application in the Nigerian Legal system. Thus the challenges to the effectiveness of these rights were identified, examined and juxtaposed. This research found, through emphasis on the Constitution of Nigeria that the effectiveness of the fundamental rights is enfeebled due to various factors from the jurisdiction of courts, to social, economic, cultural and religious factors. Furthermore, the research found that the constitutional provisions for fundamental human rights is Nigeria is weak due to the provision that allows for deviance; the same provision that is often exploited by the government to abuse fundamental human rights with impunity. Even the law enforcements agents that are tasked with the protection of the fundamental human rights of persons in Nigeria have been found to be the very perpetrators of the same breach. This research recommends the implementation of international treaties that will surely hold Nigeria accountable; the strengthening of institutional framework and law enforcement agencies; as well as other suggestions that will remedy the effectiveness of human rights in Nigeria. �

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urn:uuid:1847a4ea-a96d-4a59-970d-2746d5af6bdc