AN APPRAISAL OF THE LEGAL FRAMEWORK OF THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND NATIONAL SECURITY IN NIGERIA

By

Author

Presented To

Department of Law

ABSTRACT
The complex relationship between human rights and national security in Nigeria has been a subject of intense debate and scrutiny. This study critically examines the legal framework that governs this relationship, focusing on the role of security agencies and the judiciary in balancing national security with the protection of fundamental human rights. Through data analysis and graphical representation, the study highlights cases of human rights violations by security agencies, the impact of counter-terrorism laws, and the use of emergency powers. The study also evaluates the judiciary's role in safeguarding human rights and the success rate of human rights cases against the government from 2010 to 2023. The findings reveal a consistent increase in human rights violations, particularly by the Special Anti-Robbery Squad (SARS), and a gradual improvement in judicial victories against the government. The study recommends legal reforms, independent oversight mechanisms, and adherence to international best practices to strike a balance between national security and human rights protection.
TABLE OF CONTENTS

ABSTRACT

CHAPTER ONE: INTRODUCTION

1.1 Background to the Study
1.2 Statement of the Problem
1.3 Research Questions
1.4 Objectives of the Study
1.5 Significance of the Study
1.6 Scope of the Study
1.7 Research Methodology
1.8 Definition of Key Terms

CHAPTER TWO: CONCEPTUAL AND THEORETICAL FRAMEWORK

2.1 Concept of Human Rights
2.2 Concept of National Security
2.3 Theories on the Relationship between Human Rights and National Security
2.4 Legal Framework for the Protection of Human Rights in Nigeria
2.5 National Security Architecture in Nigeria

CHAPTER THREE: LEGAL FRAMEWORK GOVERNING HUMAN RIGHTS AND NATIONAL SECURITY IN NIGERIA

3.1 Constitutional Provisions on Human Rights and National Security
3.2 International Human Rights Instruments Ratified by Nigeria
3.3 The Role of Security Agencies and Compliance with Human Rights Standards
3.4 Limitations of Fundamental Rights under the Nigerian Constitution
3.5 Judicial Interpretation of Human Rights in National Security Cases

CHAPTER FOUR: HUMAN RIGHTS VIOLATIONS IN THE NAME OF NATIONAL SECURITY

4.1 Cases of Human Rights Violations by Security Agencies
4.2 The Role of the Judiciary in Safeguarding Human Rights
4.3 The Impact of Counter-Terrorism Laws on Human Rights
4.4 The Use of Emergency Powers and Derogation from Human Rights
4.5 International Best Practices in Balancing Human Rights and National Security

CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
5.1 Summary of Findings
5.2 Conclusion
5.3 Recommendations
REFERENCES

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