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Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?

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This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.

Affiliations: 1: a)Lecturer I, Department of Jurisprudence and International Law, Faculty of Law, University of Benin, Nigeria, ; 2: b)Lecturer, Department of Private and Property Law, Faculty of Law, University of Benin, Nigeria,


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