ACCESS TO JUSTICE AND HUMAN RIGHTS PROTECTION IN NIGERIA: PROBLEMS AND PROSPECTS

Abstract

The political and constitutional development of Nigeria has been intertwined with the quest for the promotion and protection of human rights in the country. From the pre-independence constitutional conferences1, through the First and Second Republics2 and the various military dispensations to the present democratic government3, human rights questions have received merited attention in legal and political discourse. There has been a sustained struggle for the protection of the human rights of individuals, groups and communities in Nigeria. The Willinck Commission4, and the Oputa Panel5 are eloquent testimonies of this concerted effort to promote and protect human rights and justice in the country. While the purpose of the former was to assuage the feeling of marginalization by the minority groups in the country during the colonial era, the Oputa Panel examined instances of human rights abuses from 1st January, 1984 to 28th May, 1999.6 Although the report of the Oputa Panel was eventually not made public7 much less implemented, the point remains that its constitution in the first place, was indicative of the concern by the government to correct the mistakes of the past in respect of human rights abuses. While these formalistic approaches can easily be mentioned, the same cannot be said of the actual implementation of mechanisms designed to facilitate the realization of basic human rights. This is because there is a wide gulf between official pronouncements of respect for human rights and the actual implementation of same. The explanation for this appears to be that there still exists, a number of substantive and procedural obstacles or impediments that not only inhibit the actual implementation of such measures, but preclude the generality of the masses from having access to justice in Nigeria. The question then is, what are these impediments and how can they be surmounted to guarantee access to justice by the large majority of Nigerians?. Are there any in-built legal mechanisms that can be deployed to ensure the attainment of access to justice in the country?. What has been the response of successive governments to the quest for the enforcement of basic human rights through increased access to justice? This paper intends to examine these questions and attempt to chart a new course in the quest for the promotion and protection of human rights in Nigeria through enhanced access to justice. We will first discuss the concept of access to justice and its relationship with human rights before proceeding to examine the various substantive and procedural obstacles militating against effective access to justice. The concluding part of the paper will deal with how the legal system can be made more responsive to the yearnings and aspirations of Nigerians by guaranteeing individuals and groups access to justice in the country, and consequently enhance human rights protection.

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