Constitutional Doctrines and The Protection of Human Rights in Nigeria: A Critical Analysis
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.
Citations
IRE Journals:
Ahmed Mohammed Bachaka, Safiyyah Ummu Mohammed "Constitutional Doctrines and The Protection of Human Rights in Nigeria: A Critical Analysis" Iconic Research And Engineering Journals Volume 9 Issue 10 2026 Page 347-354 https://doi.org/10.64388/IREV9I10-1715971
IEEE:
Ahmed Mohammed Bachaka, Safiyyah Ummu Mohammed
"Constitutional Doctrines and The Protection of Human Rights in Nigeria: A Critical Analysis" Iconic Research And Engineering Journals, 9(10) https://doi.org/10.64388/IREV9I10-1715971
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