The intersection of the rule of law and human rights is a critical issue in Nigeria, which has a complex history that includes periods of colonial rule, military dictatorship, and democratic transitions. The rule of law is essential for protecting human rights and promoting democracy. However, Nigeria’s history of military rule has left a legacy of human rights abuses and a weak rule of law. This has led to many challenges, including corruption, impunity, and a lack of access to justice. Despite these challenges, there are opportunities for Nigeria to strengthen the rule of law and human rights through leveraging political will, implementing legal and institutional reforms, and fostering a culture of human rights. This paper examines the intersection of the rule of law and human rights in Nigeria, exploring the legal frameworks, historical evolution, and the challenges posed by the legacy of military rule. It also highlights the opportunities for building a democratic future, drawing on comparative lessons from Australia’s experience in upholding the rule of law and protecting human rights.
Cite this paper
Shiishi-Gyer, D. and Agu, B. O. (2026). Intersection of Rule of Law and Human Rights in Nigeria: Unlocking Opportunities for a Democratic Future. Open Access Library Journal, 13, e14869. doi: http://dx.doi.org/10.4236/oalib.1114869.
Ojo, E.O. (2006) Human Rights and Sustainable Democracy in Nigeria (1999-2003). Journal of Social Sciences, 13, 15-29. https://doi.org/10.1080/09718923.2006.11892526
UN Office of the High Commissioner for Human Rights (OHCHR) (2008) Fact Sheet No. 32, Human Rights, Terrorism and Counter-Terrorism. https://www.refworld.org/docid/48733ebc2.html
Joireman, S.F. (2001) Inherited Legal Systems and Effective Rule of Law: Africa and the Colonial Legacy. The Journal of Modern African Studies, 39, 571-596. https://doi.org/10.1017/s0022278x01003755
Osinbajo, Y. (2004) Human Rights, Economic Devel-opment, and the Corruption Factor. In: Zeleza, P.T. and McConnaughay, P.J., Human Rights, the Rule of Law, and Development in Africa, University of Penn-sylvania Press, 120-128. https://doi.org/10.9783/9780812204513.120
Izuagie, L. (2016) The Willink Minority Commission and Minority Rights in Nigeria. Ekpoma Journal of Theatre and Media Arts, 5, 206-223. https://doi.org/10.4314/ejotmas.v5i1-2.16
Campbell, J. and McCaslin, J. (2019) Abacha, Abiola, and Nigeria’s 1999 Transition to Civilian Rule. Council on Foreign Relations. https://www.cfr.org/blog/abacha-abiola-and-nigerias-1999-transition-civilian-rule
Illerhues, J. (2015) Foreword. In: Abazović, D. and Mujkić, A., Politi-cal Will: A Short Introduction Case Study—Bosnia and Herzegovina, Frie-drich-Ebert-Stiftung, 7.
Tommasoli, M. (2012) Rule of Law and Democracy: Addressing the Gap between Policies and Practices. UN Chronicle, 49, 29-31. https://doi.org/10.18356/e2c335d7-en
Dan-Azumi, J.D. (2018) CSOs Advocacy and the Legislative Process in Nigeria: A Case Study of the National Health Act, 2014. Journal of Law, Policy and Globalization, 74, 69-83.
Scott, J.T. and Maryman, J. (2016) Using Social Media as a Tool to Complement Advocacy Efforts. Global Journal of Com-munity Psychology Practice, 7, 1-22. https://doi.org/10.7728/0701201603
Ibe-Ojiludu, S. (2022) Is the Common Law Human Rights System Still Relevant with the Coming into Effect of the Fundamental Rights Provisions of the Constitution of the Federal Republic of Nigeria 1999. African Journals Online, 13, 140-142.
National Human Rights Commission, Nigeria (2022) Systemic Violations of International Human Rights Law against Africans by Law Enforcement Agencies. https://www.ohchr.org/sites/default/files/documents/issues/racism/cfis/res4721/NHRI-National-Human-Rights-Commission-of-Nigeria_0.pdf
Austral-ian Government Department of Foreign Affairs and Trade (2018) Australia’s Strategy for Abolition of the Death Penalty. https://www.dfat.gov.au/sites/default/files/australia-strategy-abolition-death-penalty.pdf
International Commission of Jurists (2007) Yogyakarta Principles—Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity. https://www.refworld.org/legal/resolution/icjurists/2007/en/58135