Nigerian National Human Rights Commission Journal

Limiting rights or testing limits? The constitutional paradox of legislative criminalisation of fundamental rights

Sun, 20 Sep 2026 00:00:00 +0000

The two major constitutional legislative procedures for controlling unbridled exercise of rights are the civil limitation and criminalisation of such actions. Legislatures employ these same modalities when they rely on constitutional limitation clause to limit fundamental constitutional rights. The objective of this paper is to interrogate legislative criminalisation of fundamental constitutional rights as a tool for the limitation of fundamental constitutional rights of persons. The methodology is doctrinal. Among other things, this paper will show that the constitutional basis for any criminalisation regime is not just the constitutional legislative power to legislate on any aspect of fundamental constitutional right matters. It is also legislatures' constitutional legislative power to legislate on the least crucial aspect of a fundamental constitutional right that must be operative. Upon further finding that this crucial aspect of fundamental constitutional right matter is inoperative, the paper recommends that courts and legislatures exculpate themselves from this constitutional legislative anomie.

The responsibility to protect civilians during armed conflicts under international law: challenges and prospects

Akame Nnoko Remi Joel — Sun, 20 Sep 2026 00:00:00 +0000

The central task of this paper is to ascertain the extent to which international law protects civilians under principle of responsibility to protect (R2P) during armed conflicts since its development in 2001 and subsequent adoption as Resolution 60/1 of 24th October 2005 by the United Nations (UN) General Assembly. The article assesses the application of the principle in line with civilian protection during armed conflict. It makes use of qualitative methodology which is ideal for legal research and adopts doctrinal method. The analysis includes primary data from treaties, declarations, resolutions as well as secondary data from journal articles, reports and online sources. The research reveals that the real purpose of R2P, which is protection of civilians against mass atrocities as laid down in theory, has not materialized in practice especially in the last decade. The main solutions advanced include reforms of the UN Security Council particularly with regard to the composition of permanent members as well as use of veto power. The use of an early warning signal system on likely mass killings and a timely response to distress by the actors forming the international community. Legality and uniform enforceability of the principle is only achievable when all the players are operating on a level platform. This study is important to the international community as it establishes the fundamentality of the R2P. States must act collectively in ensuring the observance of the principle to protect civilians in armed conflict. It becomes complex when the state is a perpetrator of violation of civilians’ rights in armed conflict.

Human rights due diligence and mining risks in Nigeria

Oluwakemi Omojola — Sun, 20 Sep 2026 00:00:00 +0000

Human rights have historically concerned governments, and the welfare of citizens. However, private organisations, businesses large and small, and perhaps especially the world’s great transnational organisations such as the mining sector are intrinsically involved in some of the human rights abuses in the business sector. The mining sector in Nigeria has contributed to the socio-economic development of the country at a great cost. The sector is bedevilled with human rights challenges, ranging from land rights issues to labour rights violations and environmental impacts on the host communities and other related adverse effects. This paper explores the concept of human rights due diligence (HRDD) within the context of mining activities in Nigeria, with the aim of identifying and addressing potential risks and impacts on human rights. The recommendations of the paper include the need for effective HRDD practices in order to avoid or mitigate adverse human rights impacts.

Class action in human rights litigation in Nigeria: Developing or defeated

Ebenezer Kole Olorunju, Omoniyi Bukola Akinola — Sun, 20 Sep 2026 00:00:00 +0000

Human rights litigation in Nigeria has evolved over the years, resulting in constitutional amendments and enactment of statutes to protect Nigerian residents. This paper examined the extent to which class action as a mode of ensuring the protection of human rights in Nigeria has fared so far and while adopting the doctrinal research methodology it was discovered that class action is a veritable tool for the protection of human rights however, the mechanism has hitherto been underutilized due to the lack of awareness amongst litigants and inadequate legal framework for its use. In order to uplift class action to its pride of place as a veritable tool for human rights litigation, the paper recommended the expansion of the list of causes of action that can be subject of class action to include human rights litigation and the amendment of the Fundamental Rights Enforcement Procedure Rules 2009 to incorporate it.

Appraisal of the legal protections against sexual violence in Nigeria and the impact of the Violence against Persons (Prohibition) Act 2015

Kiyenpiya F.M. Mafuyai, Alphonsus O. Alubo — Sun, 20 Sep 2026 00:00:00 +0000

Sexual violence, which violates human rights, is widespread in Nigeria. The Violence Against Persons (Prohibition) Act (VAPPA) was enacted in 2015 to address issues of genderbased violence in the country. This article appraises the legal framework for the prohibition and punishment of sexual violence in Nigeria after the passage of VAPPA, to assess its adequacy in offering protection from sexual violence. Doctrinal research was utilised to analyse literature, judicial precedents and existing legislation to determine if VAPPA had strengthened the legal system. The findings of the research revealed that the laws in place before the Act were grossly inadequate and VAPPA bolstered the legal framework by criminalising most of the prevailing acts of sexual violence. The Act introduced measures, in line with global best practices to offer further protection from sexual violence. However, the implementation of the legislation has been hampered by a lack of funding among other challenges.

Deportation of settled migrants: appraisal of some deportation decisions of settled Nigerian migrant from the United Kingdom

Yakusak Aduak, William W. Longpoe, Enoch Otor Ibu — Sun, 20 Sep 2026 00:00:00 +0000

Migrants are deported for several reasons, including removal for public interest, and national security. Deportation should be a last resort for settled regular migrants. The conundrum of deportation of settled migrants encompasses unsettling the migrant and difficulty of reintegrating in the country of origin. This work is a critical appraisal of some decisions concerning the deportation of settled Nigerian migrants from the United Kingdom (UK). The study adopted the doctrinal research approach to review three deportation cases affecting settled Nigerian migrants in the UK, Balogun v. UK; KO (Nigeria) v. Secretary of State Home Department and Unuane v. UK who were removed from the UK as foreign criminals for public interest. This article recommends an objective test for assessing the proportionality of deportation decisions rather than a subjective case-by-case evaluation for a better outcome for affected persons, and qualifying family members among others.

The Ramadan school closure conundrum: A legal and policy analysis of religious freedom and the right to education in Nigeria

David Bassey Antia — Sun, 20 Sep 2026 00:00:00 +0000

This paper analyses the legal and policy dimensions of religious freedom in education, focusing on the recent Ramadan-related school closures in Northern Nigeria. It examines the constitutional and international human rights implications of such policies, especially their compatibility with Nigeria’s secular framework under Section 10 of the 1999 Constitution. Using a proportionality approach, the paper assesses how religious accommodations can be balanced in a pluralistic democracy without infringing on the rights of others. Relying on Nigerian case law and comparative jurisprudence, including European Court of Human Rights decisions, it argues that state-mandated school closures for religious observance constitute an impermissible endorsement of religion. These policies violate the rights to education, religious freedom, and nondiscrimination, thereby breaching both constitutional and international obligations. The paper concludes by stressing the importance of maintaining state neutrality in religious affairs to safeguard individual rights and promote national cohesion in a diverse and democratic society.