ASSESSING LEGAL AND INSTITUTIONAL MECHANISM FOR HUMAN RIGHTS ENFORCEMENT IN NIGERIA: CHALLENGES AND APPROAHES TO EFFECTIVE ENFORCEMENT

Abstract

The right to development (RTD) represents a fundamental human right that entitles individuals and peoples to participate in, contribute to, and enjoy economic, social, cultural, and political development. Despite Nigeria’s ratification and domestication of the African Charter on Human and Peoples’ Rights, the practical realisation of this right remains elusive. This paper examines how weak institutions have significantly contributed to the failure of the right to development in Nigeria. It argues that although Nigeria possesses a robust legal framework for the protection of human rights, institutional deficiencies manifested through corruption, poor governance, weak enforcement mechanisms, and lack of accountability undermine effective implementation. The study adopts a doctrinal methodology, relying on primary sources such as statutes and case law, as well as secondary sources including journal articles and reports. Findings reveal that institutions responsible for enforcing development rights, including the judiciary, executive agencies, and regulatory bodies, often lack independence, capacity, and political will. Furthermore, executive disregard for court orders and weak compliance mechanisms exacerbate the problem, rendering legal protections largely ineffective. The paper concludes that without substantial institutional reforms aimed at strengthening governance structures, enhancing accountability, and ensuring judicial independence, the right to development will remain largely theoretical in Nigeria. It recommends constitutional reforms, institutional strengthening, and improved enforcement mechanisms as necessary steps toward achieving meaningful development outcomes.