The African Charter on Human and Peoples’ Rights represents a cornerstone of human rights protection in Africa. Nigeria, commendably, was among the first nations to domesticate this regional instrument through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983.

As a result of this domestication, the Charter carries the force of law within Nigeria and is fully enforceable in Nigerian courts. The enforceability of the African Charter Act has been affirmed in several landmark judicial decisions. In Ogugu v. The State (1998) HRLRA 167 at 187 and Abacha v. Fawehinmi [2000] 6 NWLR (Pt. 660) 228, the Nigerian Supreme Court unequivocally held that the provisions of the African Charter, having been enacted into domestic law, are binding and justiciable within the Nigerian legal framework.

While these judicial pronouncements have established the Charter’s legal status, they are insufficient to address a fundamental deficiency in its implementation. The African Charter was domesticated verbatim without meaningful adaptation to Nigeria’s legal framework and domestic context. This verbatim adoption creates significant obstacles to the Charter’s effective implementation, proper interpretation, and accessibility to ordinary Nigerians.

For example, the verbatim adoption has led to interpretive confusion among legal practitioners. Some lawyers, focusing solely on the text of the African Charter Act without considering its domestic context, have incorrectly argued that the Act retains the same limited application as the original treaty despite its domestication. They claim the African Charter Act binds only states and not individuals or corporate entities—a misleading interpretation that undermines the very purpose of domestication, which is to incorporate treaty obligations into the national legal system where they can protect and be enforced against all legal persons.

This article advocates for a comprehensive legislative reform that would transform this important international instrument into a truly Nigerian law. Such reform would go beyond judicial affirmation of enforceability to address structural issues in the Charter’s domestication, enhancing its effectiveness, relevance, and accessibility for all Nigerians.

The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act consists of two substantive sections, with the Charter itself annexed as a schedule. Section 1 of the Act states:

“As from the commencement of this Act, the provisions of the African Charter on Human and Peoples’ Rights which are set out in the Schedule to this Act shall, subject as thereunder provided, have force of law in Nigeria and shall be given full recognition and effect and be applied by all authorities and persons exercising legislative, executive or judicial powers in Nigeria.”

This minimalist approach to domestication gives the treaty text the force of law without adapting it to Nigeria’s specific context.

This method of domestication creates several significant problems that undermine the effectiveness of these important rights protections:

Throughout the Charter as incorporated into Nigerian law, references to “States Parties,” “Member States of the Organisation of African Unity,” and similar treaty-specific terminology remain intact. For example:

● Article 1 refers to “Member States of the Organisation of African Unity parties to the present Charter”

● Article 21 speaks of “States Parties to the present Charter”

● Article 25 places obligations on “States Parties”

● Articles 30-68 detail procedures involving the “States Parties” and the “Organisation of African Unity”

This international treaty language creates confusion regarding application in the domestic context and reinforces the perception that these rights remain primarily international obligations rather than fully integrated domestic legal protections.

The Charter contains multiple references to the Organisation of African Unity (OAU), which was dissolved in 2002 and replaced by the African Union (AU). These outdated references create confusion about the current institutional framework for human rights protection.

The Charter establishes the African Commission on Human and Peoples’ Rights as the primary enforcement mechanism, but fails to clarify how Nigerian citizens should access this body or how its decisions relate to the Nigerian legal system. Without clear domestic enforcement pathways, the rights risk becoming aspirational rather than practical.

By maintaining the Charter in its original treaty form, the Nigerian legal system implicitly suggests these rights derive their force from international obligations rather than from Nigerian sovereign authority. This undermines the sense of national ownership that is crucial for effective implementation.

A properly nationalised Human and Peoples’ Rights Act would involve substantial redrafting to convert the international instrument into a truly Nigerian law. Key elements of this transformation should include:

All references to “States Parties,” “Member States,” and similar terminology should be replaced with references to Nigeria, its institutions, and its citizens. For example:

● Rather than “States Parties shall ensure…”, the language should read “Nigeria shall ensure…” or “The Federal Government of Nigeria shall ensure…”

● References to obligations of “Member States” should be reformulated as obligations of specific Nigerian authorities or institutions.

References to the OAU should be updated to reflect current institutional realities, either by referring to the African Union where appropriate or by focusing on Nigerian institutions entirely.

The Act should clearly establish domestic enforcement mechanisms, specifying:

● Which Nigerian courts have jurisdiction over human rights claims

● What remedies are available to Nigerian citizens whose rights are violated

● How the National Human Rights Commission relates to the enforcement of these rights

● The relationship between this Act and other Nigerian laws, including the Constitution

While preserving the substance of the rights, the legislation should contextualise them within Nigeria’s constitutional framework and legal traditions, making clear connections to existing Nigerian legal protections and values.

Transforming the African Charter into a truly Nigerian Human and Peoples’ Rights Act would yield several significant benefits:

Nigerian courts, lawyers, and citizens would no longer need to navigate the complexity of interpreting an international treaty within domestic law. A nationalised version would provide clear guidance on how these rights apply within the Nigerian legal system.

Most Nigerians seeking to vindicate their rights need accessible domestic remedies, not international mechanisms. A nationalised version would make rights protection more accessible by establishing clear domestic procedures without requiring knowledge of international law or institutions.

Nigerian courts would have clearer authority to interpret and apply these rights, without concerns about overstepping into international treaty interpretation. This would likely lead to more consistent and robust jurisprudence on human rights.

A distinctly Nigerian Human and Peoples’ Rights Act would be easier to publicise and explain to citizens, enhancing public awareness of these fundamental rights. Citizens could more readily identify with rights presented as Nigerian legal protections rather than international obligations.

Other countries have successfully nationalised international human rights instruments. For example:

● The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law with specific domestic enforcement mechanisms and remedies.

Rather than simply incorporating international human rights treaties, South Africa has integrated their substance into its Constitution and domestic legislation with specific South African contexts and enforcement mechanisms.

The 2010 Kenyan Constitution directly incorporates international law principles but frames them within Kenya-specific institutions and enforcement mechanisms.

After four decades of having the African Charter as part of Nigerian law, it is time to move beyond mere adoption to true domestication. The National Assembly should undertake a comprehensive review of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act to transform it into a truly Nigerian Human and Peoples’ Rights Act.

A properly nationalised Act would strengthen human rights protection, enhance legal clarity, and demonstrate Nigeria’s sovereign commitment to these fundamental values. This reform would show that these rights derive force from Nigerian sovereign will rather than external obligations.

Nigeria has an opportunity to lead the continent again, not just in adopting international human rights standards, but in making them truly effective through proper integration into our national legal system.