AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE RIGHT TO FREEDOM FROM DISCRIMINATION IN NIGERIA
Abstract
This study undertakes a critical appraisal of Nigeria’s legal framework for the protection of the right to freedom from discrimination, interrogating its adequacy, effectiveness, and enforcement. Drawing on constitutional guarantees under Section 42 of the 1999 Constitution and statutory laws such as the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 and relevant international treaties, the research adopts a doctrinal methodology, analyzing primary legal sources including statutes, case law, and international instruments, alongside secondary sources such as academic literature and institutional reports. Key findings reveal systemic gaps between legal provisions and their implementation, exacerbated by weak enforcement mechanisms, judicial inconsistencies, socio-cultural norms, and limited public awareness. The persistence of discriminatory practices is evident in conflicting judgments on customary laws affecting women’s inheritance rights, institutional bottlenecks like the National Human Rights Commission (NHRC), lack of prosecutorial powers, while marginalized groups face barriers to accessing justice.
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