Home / Current Issue / Paper 1715971
Constitutional Doctrines and The Protection of Human Rights in Nigeria: A Critical Analysis
Subject area: Arts, Social Sciences and Humanities · Area of research: Human Rights Law
DOI: 10.64388/IREV9I10-1715971
Abstract
This article examines the role of constitutional doctrines in the protection of human rights in Nigeria under the Constitution of the Federal Republic of Nigeria 1999 (as altered). Although the Constitution guarantees a range of fundamental rights, the effectiveness of these rights depends largely on the operation of constitutional doctrines such as constitutional supremacy, federalism, and separation of powers. Using a doctrinal research methodology, the article analyses how these doctrines shape the realisation of human rights in practice. It argues that although the doctrine of constitutional supremacy provides a legal basis for the enforcement of rights, its practical impact is often weakened by institutional inefficiencies and uneven judicial enforcement. Similarly, the federal structure, characterized by significant centralisation of power, has contributed to disparities in the protection of rights across different regions. The doctrine of separation of powers, while intended to prevent arbitrariness and promote accountability, has not always been effectively maintained, thereby enabling instances of executive overreach and legislative interference that undermine human rights protections. The article further highlights the gap between constitutional guarantees and lived realities, demonstrating that the existence of rights provisions is insufficient without strong institutional support and accountability mechanisms. It concludes that for constitutional doctrines to effectively serve as instruments of human rights protection in Nigeria, there is a need for structural reforms, strengthened judicial independence, and greater adherence to the principles of constitutionalism and the rule of law. The article contributes to discourse on constitutional reform by highlighting the need to align constitutional doctrine with effective human rights protection in practice.
Keywords
Constitution, Nigeria, Doctrines, Separation of Powers, Human Rights, Federalism.
References
[1] Akinseye-George Y., The Nigerian Constitution: History, Development and Prospects (Princeton, 2013)
[2] Daud, K.A., Alkali, A.U. (2014). Constitutionalism, democracy, and national development in Nigeria. Research on Humanities and Social Sciences, 4(10), 58-64.
[3] Elaigwu J. I, The Politics of Federalism in Nigeria (Jos: AHA Publishing, 2005)
[4] Garner, B. A (ed), Black’s Law Dictionary, 9th Edition, Thomas Reuters (2009)
[5] Jimoh, SThe Supremacy of the Constitution of the Federal Republic of Nigeria 1999 (as amended): A Myth or Reality? https://doi.org/10.53982/alj.2021.0901.06j> accessed 2th
[6] Nwabueze B., How President Obasanjo Subverted Nigeria’s Federalism ( Gold Press, 2007)
[7] Nwauzu L. O, The Doctrine of Separation of Power Under the Nigerian Constitution', International Journal of Social Sciences (2022) (2) (8) available at <https://grdspublishing.org/index.php/people/article/view/2073 accessed 22 February, 2024,
[8] Ogoloma, F. 2012. “The Theory of Separation of Powers in Nigeria: An Assessment”. African Research Review 6 (3):127-34. https://doi.org/10.4314/afrrev.v6i3.9.
[9] Okeke, Uche Darlington, An Appraisal Of Comparative Operations Of Separation Of Powers (2023) 3 Idemili Bar Journal, 84-99
[10] Olawale R. O, Introduction to International Law (Silk Communications Ltd, 2000) 36, cited in Olawale Rufus Olu & Ogboye Lateef Ayoola, The Pursuit of True Federalism Among Federating Units (2023) 4, International Journal of Law and Clinical Legal Education (IJOLACLE) 40.
How to cite this paper
@article{1715971,
author = {Ahmed Mohammed Bachaka, Safiyyah Ummu Mohammed},
title = {Constitutional Doctrines and The Protection of Human Rights in Nigeria: A Critical Analysis},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {10},
pages = {347-354},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1715971.pdf},
abstract = {This article examines the role of constitutional doctrines in the protection of human rights in Nigeria under the Constitution of the Federal Republic of Nigeria 1999 (as altered). Although the Constitution guarantees a range of fundamental rights, the effectiveness of these rights depends largely on the operation of constitutional doctrines such as constitutional supremacy, federalism, and separation of powers. Using a doctrinal research methodology, the article analyses how these doctrines shape the realisation of human rights in practice. It argues that although the doctrine of constitutional supremacy provides a legal basis for the enforcement of rights, its practical impact is often weakened by institutional inefficiencies and uneven judicial enforcement. Similarly, the federal structure, characterized by significant centralisation of power, has contributed to disparities in the protection of rights across different regions. The doctrine of separation of powers, while intended to prevent arbitrariness and promote accountability, has not always been effectively maintained, thereby enabling instances of executive overreach and legislative interference that undermine human rights protections. The article further highlights the gap between constitutional guarantees and lived realities, demonstrating that the existence of rights provisions is insufficient without strong institutional support and accountability mechanisms. It concludes that for constitutional doctrines to effectively serve as instruments of human rights protection in Nigeria, there is a need for structural reforms, strengthened judicial independence, and greater adherence to the principles of constitutionalism and the rule of law. The article contributes to discourse on constitutional reform by highlighting the need to align constitutional doctrine with effective human rights protection in practice.},
keywords = {Constitution, Nigeria, Doctrines, Separation of Powers, Human Rights, Federalism.},
month = {April},
doi = {https://doi.org/10.64388/IREV9I10-1715971}
}