Nigeria’s African Charter Act: The Question of the National Assembly’s Exclusive Legislative Competence to Enact for the Nigerian Federation
Posted: 17 February, 2025 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: 1999 Constitution, Abacha v Fawehinmi, African Charter Act, Houses of Assembly, human rights, legislative powers, National Assembly, Nigeria, Nigerian constitutions, peoples’ rights, public institutions, socio-economic rights 1 Comment
Author: Oluwatosin Senami Adegun
Centre for Human Rights, University of Pretoria
Introduction
By section 12(1) of the Constitution of the Federal Republic of Nigeria of 1999 (1999 Constitution), for a treaty to which Nigeria is a party to have the force of law in Nigeria, the National Assembly must enact such treaty into law. This was the same provision under the Constitution of the Federal Republic of Nigeria of 1979 (1979 Constitution) which was the Constitution in force in 1983 when the National Assembly domesticated the African Charter on Human and Peoples’ Rights by enacting the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983 (African Charter Act). Section 12 of the 1979 Constitution is the same under the 1999 Constitution. For the purpose of this article, more references will be made to the 1979 Constitution being the Constitution in force when the African Charter Act was enacted.
Nigeria’s national symbols are sitting on a powder keg: Lessons from Kenya
Posted: 1 August, 2024 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: Arise O Compatriots, Coat of Arms, colonial ‘God save the Queen’, constitutional amendment, country’s identity, fundamental values, gap in the law, legislative functions, military regime, national anthem, National Anthem Act of 2024, National Anthem Bill, national flag, national pledge, national symbols, Nigeria, Nigeria we hail thee, public participation Leave a commentAuthor: Oluwatosin Senami Adegun
LLM candidate, Centre for Human Rights, University of Pretoria
At independence in October 1960, Nigeria adopted ‘Nigeria, we hail thee’ as its national anthem replacing the colonial ‘God save the Queen’, however, the fact that the lyrics and the music of the 1960 anthem were composed by British nationals, Lillian Jean Williams and music by Miss Rances Benda respectively raised questions about the ‘independence’ of the 1960 anthem resulting in controversy over the genuineness or otherwise of the lyrics and other issues. Nevertheless, Nigeria used the anthem from October 1960 to 1978 when it was changed to ‘Arise O Compatriots’ during the military administration of Olusegun Obasanjo. Unlike the 1960 anthem, the lyrics of the 1978 anthem was composed by five Nigerians namely, John Anagboso Ilechukwu, Eme Etim Akpan, Babatunde Ogunnaike, Sota Omoigui and Philips Olusegun Aderibigbe, while its music was composed by Benedict Odiase during his service in the Nigeria Police Force.
Unconditional Amnesty for Boko Haram Violates African Human Rights Law
Posted: 12 July, 2024 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: African Human Rights Law, Amnesty International Report of 2015, ‘de-radicalisation, Boko Haram, child soldiers, disproportionate attacks, forced marriage, International Humanitarian Law, Nigeria, Politically Motivated Crimes, rape, rehabilitation and reintegration’ programme, sexual slavery, sexual violence, terrorist group, unconditional amnesty, violations of human rights Leave a commentAuthor: Oluwatosin Senami Adegun
Master’s student, LLM Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria.
Boko Haram has attacked the north-east of Nigeria for 15 years killing over 350 000 persons, abducted about 276 Chibok girls, perpetuated rape, sexual slavery and other forms of sexual violence, forced marriage, recruitment of child soldiers and disproportionate attacks on civilians which constitute violations of human rights and international humanitarian law as affirmed by the Amnesty International Report of 2015.
Despite these gross violations and the victims’ yearning for justice, the Federal Government of Nigeria (Nigeria) granted unconditional amnesty to some members of the terrorist group through its ‘de-radicalisation, rehabilitation and reintegration’ programme without due consideration given to victims whose views and concerns were never considered.
AfricLaw 