AN EXAMINATION OF THE LAW ON THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND ITS APPLICABILITY IN NIGERIA

This study examines the legal and practical dimensions of the International Criminal Court’s (ICC) jurisdiction in Nigeria, a State Party to the Rome Statute since 2001. Operating on the principle of complementarity, the ICC acts as a court of last resort, intervening only when national jurisdictions are unwilling or unable to prosecute grave international crimes. Nigeria has been under preliminary ICC examination since 2010 concerning alleged crimes related to the Boko Haram insurgency. The study, employing a doctrinal, qualitative methodology based on legal sources, identifies significant challenges to the ICC's effective applicability in Nigeria. A primary issue is Nigeria’s dualist legal system, which requires international treaties to be enacted into domestic law by the National Assembly, a process that has seen multiple failed attempts for the Rome Statute. A major legal conflict arises from Section 308 of the Nigerian Constitution, granting immunity to high-ranking officials, which directly contradicts Article 27 of the Rome Statute. The research also highlights a lack of consistent political will, often influenced by "political interests" and a perceived bias against African leaders, as well as the ICC's inherent dependence on state cooperation for enforcement. Despite existing Nigerian laws that align with some principles of international criminal law, overcoming these legal, constitutional, and political barriers is crucial for strengthening Nigeria's capacity for accountability and promoting justice and peace., governmental bias, NESREA exclusion of oil & gas), and organizational problems (lack of coordination, strained community relations). Comparative analysis with Norway and the UK highlighted models of independent regulatory bodies, clear policy, and robust enforcement mechanisms. Recommendations include enacting a unified Environmental Protection Act, mandating independent monitoring, strengthening EIA, establishing a dedicated environmental fund, enhancing institutional independence, utilizing comprehensive enforcement tools, improving collaboration, promoting public participation (JIV reform), and enhancing judicial capacity to achieve environmental justice. Urgent reform is crucial for sustainable development and environmental justice in Nigeria’s oil and gas sector.