In the Midst of Nigeria’s Legal Order Playing Catch Up to Social Unrest and Conflict, Recognising the Rights of Victims and Enforcing Their Fundamental Human Rights

Abstract

This paper examines the recent violence in Nigeria following April 2011 elections as well as the violent political, ethnic and religious conflicts and unrests to date from a legal perspective. It discusses the culture of impunity prevalent in Nigeria due to the non apprehension of culprits and the state’s lack of responsibility to victims involved in the violence. The paper outlines the state, position and gaps in Nigerian law with respect to the unrests and victims, criminal procedure, constitutional provisions for fundamental human rights and international law. The paper emphasises the need for adopting specific laws for hate crimes in Nigeria, criminalizing violations of fundamental human rights and urging the government to enact without delay these changes in consolidating pending laws to include these class of offences, statutory provisions for the status of victims and compensations for victims.

Keywords: Violent Crimes, Victims, Fundamental Human Rights, Constitution, International Law

JEL Classification: K14, K33, K42, N40, N47