Nigeria: Between Monist and Dualist State

Publication Information

Journal Title: International Journal Of Legal Developments And Allied Issues
Author(s): Yinka Olomojobi & Jessica Oga
Published On: 27/07/2022
Volume: 8
Issue: 4
First Page: 22
Last Page: 33
ISSN: 2454-1273
Publisher: The Law Brigade Publisher

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Cite this Article

Yinka Olomojobi & Jessica Oga, Nigeria: Between Monist and Dualist State, Volume 8 Issue 4, International Journal Of Legal Developments And Allied Issues, 22-33, Published on 27/07/2022, Available at https://ijldai.thelawbrigade.com/article/nigeria-between-monist-and-dualist-state/

Abstract

This article seeks to clarify the term treaties and human rights treaties, and analyze the relationship between international law and municipal law in Nigeria. It also seeks to appraise the concept of Nigeria as a dualist state, the monist and dualist theories, the process of domestication of international treaties in Nigeria and the domestication of human rights treaties in Nigeria.

Further, it seeks to find whether implementing a law can transform a treaty into municipal law by mere reference to the treaty and the application of non-domesticated human rights treaties in Nigeria. It found that only the National Assembly with the exclusion of the State Houses of Assembly can ratify international laws.

The paper, therefore, recommended that the items on the exclusive list in the constitution should be reviewed and reduced. It further recommended that the Act be enacted by the National Assembly stating how implementation should be done in addition to an express provision on how treaties can be ratified or domesticated.

Keywords: Constitution, Domestication, Human Rights, Nigeria, Treaties, Ratification, Dualist State

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