Challenges in Practicing International Law in Nigeria

Last Updated on June 28, 2024

Introduction

International law constitutes a crucial framework governing relations between states, international organizations, and individuals on a global scale.

It encompasses treaties, conventions, customary practices, and principles that regulate diverse issues such as human rights, trade, diplomacy, and environmental protection.

For Nigerian legal practitioners, understanding and practicing international law are increasingly vital due to Nigeria’s active participation in the global community and its commitment to upholding international norms and obligations.

The practice of international law in Nigeria holds significant importance in several respects.

Firstly, it enables Nigerian lawyers and policymakers to engage effectively in international diplomacy, trade negotiations, and cooperation with other nations and international organizations.

This engagement is essential for advancing Nigeria’s interests and ensuring its integration into the global economy and legal order.

Moreover, international law plays a crucial role in safeguarding human rights and promoting global peace and security, issues of paramount importance in Nigeria and beyond.

By adhering to international legal standards, Nigeria can enhance its reputation as a responsible member of the international community and bolster its diplomatic standing on global platforms.

Lack of Domestication of International Treaties and Conventions

Domestication of international treaties and conventions refers to the process by which a country incorporates the provisions and obligations of such treaties into its domestic legal framework.

This ensures that international agreements become enforceable and applicable within the national legal system.

Here’s an explanation of the process, examples of treaties not fully domesticated in Nigeria, and the implications of non-domestication on the practice of international law:

Process of Domestication

1. Signing and Ratification: Initially, a country signs an international treaty to express its intention to be bound by its provisions. Ratification follows, where the country formally consents to be bound by the treaty.
   
   
2. Incorporation into Domestic Law: After ratification, the treaty must be incorporated into domestic law through legislative or executive action. This process varies by country but typically involves passing enabling legislation or amending existing laws to reflect the treaty’s obligations.
   
   
3. Enforcement and Application: Once domesticated, the treaty provisions become enforceable within the country’s legal system. Courts can apply treaty provisions directly if they are self-executing or rely on domestic laws that implement treaty obligations.

Examples of Treaties Not Fully Domesticated in Nigeria

1. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Although Nigeria ratified CEDAW in 1985, its provisions have not been fully incorporated into domestic law. Specific legislation to enforce CEDAW’s provisions has not been enacted, limiting its enforceability in Nigerian courts.
   
   
2. African Charter on Human and Peoples’ Rights: While Nigeria is a party to the African Charter, some of its provisions have not been fully domesticated. The rights guaranteed under the Charter are not always directly enforceable in Nigerian courts due to lack of specific enabling legislation.
   
   
3. International Labour Organization (ILO) Conventions: Nigeria has ratified several ILO Conventions concerning labor rights, but not all have been fully domesticated. This situation affects the enforceability of international labor standards within Nigeria.

Implications of Non-Domestication on the Practice of International Law

1. Limited Legal Effectiveness: Non-domestication means that international treaties may not have direct legal effect within the national legal system. This limits their enforceability and undermines the country’s compliance with international obligations.
   
   
2. Legal Certainty and Predictability: Domestication provides clarity on how international obligations apply domestically, ensuring legal certainty for individuals, businesses, and government entities. Without domestication, uncertainty may arise regarding the application and enforcement of treaty obligations.
   
   
3. International Reputation and Compliance: Failure to fully domesticated treaties can impact a country’s international reputation and its perceived commitment to upholding international norms and standards. It may affect diplomatic relations and international cooperation.
   
   
4. Access to Remedies: Non-domestication may deny individuals and groups access to effective remedies for violations of their rights under international treaties. Domestication facilitates access to national courts and other mechanisms to seek redress.
   
   
5. Implementation Challenges: Without domestication, implementing and enforcing treaty obligations effectively becomes challenging, potentially leading to gaps in protection and compliance with international standards.

In essence, domestication of international treaties is crucial for ensuring their enforceability and application within national legal systems.

For Nigeria, while many treaties have been ratified, the lack of full domestication limits their effectiveness and creates challenges in practicing international law effectively.

Addressing these gaps through legislative action is essential to enhance legal certainty, protect rights, and fulfill international obligations.

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Inadequate Legal Framework

The legal framework in Nigeria for the practice and implementation of international law has several limitations that impact its effectiveness.

Here’s an analysis of the existing legal frameworks, a comparison with international standards, and suggestions for improving the framework to enhance the practice of international law in Nigeria:

Analysis of Existing Legal Frameworks in Nigeria for International Law

Constitutional Provisions

The 1999 Constitution of Nigeria, as amended, recognizes the role of international law. Section 12 states that no treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.

Treaty-Making Process

The process of treaty-making in Nigeria involves negotiation, signing, and ratification by the executive branch, followed by domestication through legislation by the National Assembly.

This dualist approach requires separate legislative action to give domestic effect to international treaties.

Domestication and Implementation

There are notable gaps in the domestication and implementation of international treaties. While Nigeria has ratified numerous international treaties and conventions, many remain undomesticated and thus not enforceable within the national legal system.

Judicial Application

Nigerian courts have occasionally referenced international treaties and conventions in their rulings. However, in the absence of domestication, these references are often persuasive rather than binding.

Institutional Frameworks

Various institutions, such as the Ministry of Justice and the Ministry of Foreign Affairs, are involved in the treaty process. However, there is a lack of robust mechanisms to ensure the consistent implementation and monitoring of international obligations.

Comparison with International Standards

1. Comprehensive Domestication: In many countries, comprehensive legal frameworks ensure that ratified treaties are promptly domesticated and integrated into national law. This contrasts with Nigeria’s piecemeal and often delayed domestication process.
   
   
2. Effective Implementation Mechanisms: International standards emphasize the need for effective implementation mechanisms, including monitoring, reporting, and enforcement. Countries with strong legal frameworks have established institutions and procedures to oversee the implementation of international obligations.
   
   
3. Judicial Enforcement: In jurisdictions with robust legal frameworks, courts actively enforce international treaties that have been domesticated, providing remedies for violations. In Nigeria, the lack of domestication limits judicial enforcement of international obligations.
   
   
4. Legislative Engagement: Best practices involve active legislative engagement in the treaty process, from negotiation to ratification and domestication. This ensures accountability and coherence in implementing international law. Nigeria’s process often lacks proactive legislative involvement post-ratification.

Suggestions for Improving the Legal Framework

1. Streamline the Domestication Process: Simplify and expedite the process of domestication by establishing clear timelines and procedures for the National Assembly to enact enabling legislation for ratified treaties. This could involve automatic domestication of certain categories of treaties upon ratification.
   
   
2. Strengthen Institutional Mechanisms: Create or empower existing institutions to monitor, report, and ensure compliance with international obligations. Establish a dedicated body or enhance the role of the Ministry of Justice to oversee the implementation of international treaties.
   
   
3. Enhance Judicial Training and Awareness: Provide training for judges and legal practitioners on international law and its application. Encourage the judiciary to refer to international treaties, even if undomesticated, as persuasive authorities to guide decision-making.
   
   
4. Legislative Reforms: Amend Section 12 of the Constitution to facilitate the domestication process. Consider provisions that allow for certain treaties, particularly those on human rights and environmental standards, to have automatic or expedited domestication.
   
   
5. Public Awareness and Advocacy: Increase public awareness and advocacy on the importance of international law and its domestic implementation. Civil society organizations can play a crucial role in monitoring compliance and advocating for the domestication of key treaties.
   
   
6. International Cooperation and Assistance: Seek technical assistance and cooperation from international organizations to develop best practices for treaty implementation and compliance. Engage in peer learning with countries that have effective legal frameworks for international law.

In short, while Nigeria has a foundational legal framework for international law, significant improvements are needed to align it with international standards.

By streamlining the domestication process, strengthening institutional mechanisms, enhancing judicial training, pursuing legislative reforms, raising public awareness, and seeking international cooperation, Nigeria can enhance the practice and implementation of international law within its jurisdiction.

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Lack of Awareness

The level of awareness about international law among Nigerians varies significantly, with a generally low understanding outside academic and professional legal circles. Key points include:

1. General Public: The general public has limited awareness and understanding of international law. Many Nigerians are unfamiliar with how international treaties, conventions, and agreements impact their daily lives or the country’s legal obligations.
   
   
2. Legal Practitioners: While legal practitioners are more knowledgeable, the depth of understanding can vary. Many lawyers may not be fully versed in international law due to a lack of specialized training or exposure.
   
   
3. Educational Institutions: Universities and law schools in Nigeria often include international law in their curricula. However, the emphasis and depth of study can vary, and practical exposure to international law principles may be limited.
   
   
4. Government Officials: Officials involved in treaty negotiations or implementation tend to have a better understanding, but this knowledge may not be widespread across all levels of government.

Importance of Educating the Public and Legal Practitioners on International Law

1. Enhanced Legal Compliance: Educating the public and legal practitioners ensures better compliance with international obligations. A well-informed populace can hold the government accountable for upholding international commitments.
   
   
2. Promotion of Human Rights: Awareness of international human rights treaties and conventions can empower citizens to demand their rights and seek redress for violations.
   
   
3. Improved Legal Practice: Lawyers with a strong understanding of international law can better represent clients in cases involving cross-border issues, trade disputes, human rights, and other international matters.
   
   
4. Informed Policy Making: Government officials with knowledge of international law can make more informed decisions, ensuring that domestic policies align with international standards and obligations.
   
   
5. Global Integration: A well-informed society can better engage with the global community, fostering international cooperation, trade, and diplomacy.

Impact of Lack of Understanding on the Effective Practice of International Law

1. Non-Compliance and Violations: Without adequate understanding, there is a higher risk of non-compliance with international treaties and conventions. This can lead to violations of international law, damaging Nigeria’s international reputation.
   
   
2. Legal Uncertainty: A lack of awareness creates legal uncertainty, as citizens and businesses may not understand their rights and obligations under international law. This can deter foreign investment and hinder international business operations.
   
   
3. Ineffective Legal Representation: Lawyers who are not well-versed in international law may struggle to effectively represent clients in cases involving international elements. This can result in unfavorable outcomes for clients and a lack of justice.
   
   
4. Missed Opportunities: Ignorance of international law can lead to missed opportunities for leveraging international mechanisms to address domestic issues, such as using international human rights bodies to address rights violations.
   
   
5. Weak Advocacy and Enforcement: Public awareness and understanding are crucial for effective advocacy and enforcement of international law. A knowledgeable public can pressure the government to fulfill its international obligations and seek remedies through international bodies when necessary.

Strategies for Improving Awareness and Understanding

1. Integrate International Law into Education: Enhance the curriculum in universities and law schools to include comprehensive courses on international law, emphasizing both theoretical and practical aspects.
   
   
2. Professional Development for Lawyers: Offer continuing legal education (CLE) programs focused on international law, including workshops, seminars, and online courses.
   
   
3. Public Awareness Campaigns: Conduct public awareness campaigns using media, social platforms, and community outreach to educate citizens about the relevance and impact of international law.
   
   
4. Government Training Programs: Implement training programs for government officials at all levels to ensure they are knowledgeable about international law and its implications for policy and governance.
   
   
5. Collaboration with NGOs and International Bodies: Partner with non-governmental organizations and international bodies to provide resources, training, and support for awareness initiatives.
   
   
6. Accessible Legal Resources: Create and disseminate accessible legal resources, such as brochures, websites, and helplines, to inform the public about international law and their rights under it.

In a nutshell, enhancing awareness and understanding of international law among Nigerians is crucial for ensuring compliance, promoting human rights, improving legal practice, and integrating effectively into the global community.

Through education, professional development, public campaigns, and collaborative efforts, Nigeria can foster a well-informed society that upholds and benefits from international legal standards.

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Political Interference

Examination of Political Influences on International Legal Matters in Nigeria

Political interference in international legal matters in Nigeria can significantly affect the implementation, enforcement, and compliance with international obligations. This interference can manifest in various ways:

1. Selective Domestication and Enforcement: Political considerations often influence which international treaties and conventions are domesticated and enforced. Governments may prioritize or neglect certain treaties based on political agendas rather than legal merits.
   
   
2. Judicial Independence: Political pressure can undermine judicial independence, affecting how courts handle cases involving international law. Judges may face political pressure to deliver rulings that align with government interests rather than impartial legal principles.
   
   
3. Human Rights Violations: Political interference can hinder the enforcement of international human rights standards. Governments may suppress efforts to address human rights abuses to maintain political control or avoid international scrutiny.
   
   
4. Foreign Policy and Diplomacy: International legal decisions are sometimes influenced by foreign policy considerations, where the government may prioritize diplomatic relations over strict adherence to international law.
   
   
5. Corruption and Governance Issues: Corruption and weak governance structures can exacerbate political interference, where decisions related to international law are influenced by vested interests rather than legal obligations.

Case Studies of Political Interference in International Law Cases

Bakassi Peninsula Case

The International Court of Justice (ICJ) ruling in 2002 awarded the Bakassi Peninsula to Cameroon.

Despite the ruling, political considerations influenced Nigeria’s response and delayed the implementation of the decision.

Domestic political pressures and nationalist sentiments played significant roles in the delayed compliance with the ICJ’s ruling.

Electoral Violence and International Criminal Court (ICC)

In the aftermath of election-related violence, there have been calls for the ICC to investigate and prosecute perpetrators in Nigeria.

Political interference, however, has often obstructed cooperation with international investigations, as government officials may be implicated or politically aligned with those accused of committing the violence.

Human Rights and Anti-Terrorism Laws

Nigeria’s counter-terrorism efforts, particularly in the fight against Boko Haram, have drawn international scrutiny for human rights violations. Political interference has often hindered accountability and obstructed efforts to investigate and address these violations in line with international human rights obligations.

Recommendations to Minimize Political Interference in the Practice of International Law

1. To strengthen judicial independence, enact constitutional and legislative measures ensuring judges are free from political influence. Protect them to decide impartially based on legal principles and international law.
   
   
2. Develop robust legal frameworks mandating the enforcement of international treaties. Ensure institutions implementing obligations operate independently.
   
   
3. Promote transparency in treaty-making and implementation. Establish oversight mechanisms for public and parliamentary accountability. Hold the government responsible for international legal commitments.
   
   
4. Provide training on international law for officials, legal practitioners, and judges. Enhance understanding of legal obligations and the importance of separating law from politics.
   
   
5. Empower civil society to monitor and advocate for international law enforcement. Encourage their participation in legal processes for checks and balances.
   
   
6. Collaborate with international organizations like the UN and African Union. Support implementation of global legal standards through technical assistance and peer reviews.
   
   
7. Educate the public on international law’s impact on rights and national interests. Informed citizens can pressure the government to uphold global legal standards.

Political interference undermines Nigeria’s rule of law, international obligations, and human rights protection.

Nigeria can minimize interference by enhancing judicial independence, transparency, and legal frameworks.

Strengthening capacity, engaging civil society, and collaborating internationally are crucial.

These efforts promote justice and adherence to international standards.

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Corruption and Bribery

Exploration of Corruption Challenges in the Nigerian Legal System

Corruption is a pervasive issue in Nigeria, affecting various sectors, including the legal system. Key challenges include:

1. Judicial Corruption: Judges and court officials sometimes engage in corrupt practices such as accepting bribes to influence rulings, delay proceedings, or dismiss cases. This undermines the independence and integrity of the judiciary.
   
   
2. Law Enforcement Corruption: Police and other law enforcement agencies are often involved in corruption, accepting bribes to ignore crimes, fabricate charges, or manipulate evidence. This affects the overall effectiveness of law enforcement.
   
   
3. Administrative Corruption: Corruption within administrative bodies, including those responsible for implementing and monitoring international treaties, leads to inefficiency and non-compliance with international obligations.
   
   
4. Legal Profession: Some lawyers engage in unethical practices, such as bribing court officials or colluding with judges to secure favorable outcomes for their clients. This compromises the ethical standards of the legal profession.

Effects of Corruption on the Practice of International Law

1. Erosion of Trust: Corruption erodes public trust in the legal system and international commitments. It undermines confidence in the ability of the judiciary to fairly and impartially enforce international law.
   
   
2. Non-Compliance with International Obligations: Corruption can lead to selective enforcement or complete disregard for international treaties and conventions. Officials may ignore international obligations in favor of personal gain.
   
   
3. Impediment to Justice: Corruption hinders access to justice, particularly for marginalized and vulnerable populations. It creates barriers to seeking redress for violations of international law and human rights.
   
   
4. Negative International Reputation: Persistent corruption damages Nigeria’s international reputation, affecting diplomatic relations and foreign investments. It signals a lack of commitment to the rule of law and international standards.
   
   
5. Economic Implications: Corruption impacts economic growth and development by creating an unpredictable legal environment. It deters foreign investors who rely on a stable and transparent legal system.

Strategies to Combat Corruption in International Legal Practice in Nigeria

Strengthen Anti-Corruption Laws and Institutions

• Enhance Legal Frameworks: Strengthen anti-corruption laws to cover all aspects of corruption in the legal system. Ensure strict penalties for those found guilty of corruption.
  
  
• Empower Anti-Corruption Agencies: Strengthen institutions like the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC). Provide them with adequate resources and autonomy to investigate and prosecute corruption cases effectively.

Judicial Reforms

• Ensure Judicial Independence: Protect the judiciary from political and financial pressures. Implement measures to ensure the appointment, promotion, and discipline of judges are based on merit and integrity.
  
  
• Improve Accountability: Establish clear and transparent processes for judicial accountability. Introduce mechanisms for monitoring and evaluating judicial performance and integrity.

Enhance Transparency and Accountability

• Promote Open Government Initiatives: Encourage transparency in government operations, including those related to international treaties and legal processes. Implement open data and public reporting systems.
  
  
• Public Participation: Involve civil society organizations and the public in monitoring and reporting corruption. Establish whistleblower protections to encourage reporting of corrupt practices.

Capacity Building and Training

• Educate Legal Practitioners: Provide continuous education and training for judges, lawyers, and law enforcement officials on ethics, anti-corruption measures, and international legal standards.
  
  
• Professional Ethics: Reinforce the importance of professional ethics within the legal profession. Introduce mandatory ethics courses and regular assessments for legal practitioners.

Technology and Innovation

• Digital Systems: Implement digital systems to reduce human discretion in legal processes. Use technology to monitor court proceedings, manage case files, and automate administrative tasks to reduce opportunities for corruption.
  
  
• E-Governance: Adopt e-governance practices to enhance transparency and accountability in government operations, including those related to international legal obligations.

International Cooperation

• Collaborate with International Bodies: Work with international organizations and other countries to share best practices, provide technical assistance, and support anti-corruption initiatives.
  
  
• Adopt International Standards: Align Nigeria’s anti-corruption measures with international standards, such as those outlined by the United Nations Convention against Corruption (UNCAC).

Public Awareness Campaigns

• Raise Awareness: Conduct public awareness campaigns to educate citizens about the impacts of corruption and the importance of integrity in the legal system.
  
  
• Engage Media: Use media to highlight corruption cases and the efforts to combat them, promoting a culture of transparency and accountability.

Addressing corruption in the Nigerian legal system is crucial for ensuring effective practice and compliance with international law.

Strengthening anti-corruption laws and institutions reduces corruption in Nigeria.

Implementing judicial reforms enhances transparency and accountability.

Providing capacity building and training improves legal system integrity.

Leveraging technology fights corruption effectively.

Fostering international cooperation strengthens anti-corruption efforts.

Raising public awareness promotes integrity in the legal system.
This will enhance the enforcement of international legal standards and promote justice and rule of law within the country.

Conclusion

Practicing international law in Nigeria is fraught with several key challenges.

These include reconciling international obligations with domestic laws, ensuring the effective enforcement of international legal standards, and overcoming capacity constraints within the legal system.

Additionally, the integration of international norms with local customs and practices can pose significant cultural and political hurdles.

Addressing these challenges requires concerted efforts from all stakeholders, including government agencies, legal professionals, academic institutions, and civil society organizations.

Policymakers must prioritize the harmonization of domestic legislation with international commitments and enhance the mechanisms for implementing and enforcing international laws.

Legal education and training should focus on equipping practitioners with the knowledge and skills necessary to navigate the complexities of international law.

Furthermore, fostering a culture of respect for international norms within the broader society is essential for overcoming cultural and political barriers.

Overcoming these obstacles is vital for promoting the effective practice of international law in Nigeria.