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An Evaluation of the Universal Declaration of Human Rights'

Significance and Application in Nigeria

James E. Archibong,

Dr. John Egbe Inyang,

Dr. Wekekayo Eteng Ekpe

1,3

Department of Jurisprudence and International Law, University of Calabar, Nigeria

Department of Commercial and Industrial Law, University of Calabar, Nigeria

DOI: https://doi.org/10.51244/IJRSI.2025.120800303

Received: 28 August 2025; Accepted: 04 September 2025; Published: 07 October 2025

ABSTRACT

The Universal Declaration of Human Rights (UDHR) was adopted in 1948 by the United Nations General

Assembly to promote and protect human rights globally, following the atrocities of the Second World War.

Nigeria, along with other States, adopted the Declaration and incorporated fundamental rights into domestic

laws and the constitution. Successive Nigerian constitutions have provided for the rights to life, liberty, fair

hearing, dignity, peaceful assembly, association, and freedom of expression, thought, conscience, religion, and

movement, among others. To strengthen its human rights regime, Nigeria has ratified several international

human rights treaties and established institutions such as the National Human Rights Commission and the

Courts to ensure the implementation and enforcement of these rights. Despite these measures, implementation

and enforcement have remained a critical issue. Violation of fundamental rights by state and non-state actors

to varying degrees has persisted. This work assesses the impact of the UDHR and the extent of its application

in Nigeria. Though Nigeria operates a constitutional democracy that professes the rule of law, separation of

powers, and respect for human rights, in practice, these principles are undermined by arbitrariness, impunity,

corruption, excessive use of force by security personnel, disrespect for court orders, abuse of civil and politics

rights, extrajudicial execution, and lack of accountability. The paper recommends reforms in the judiciary to

guarantee its impartiality and independence. It also suggests reforms in the security sector to end impunity and

ensure accountability. In addition, human rights awareness campaigns, advocacy, and education would suffice

to curb violations.

Keywords:

Universal Declaration of Human Rights, Nigeria, application, violations, accountability, reforms

INTRODUCTION

World Human Rights Day is celebrated on December 10 every year in commemoration of the Universal

Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. Since its adoption,

human rights concerns and awareness have spread around the world like wildfire, manifesting in treaties, UN

resolutions, national laws, and constitutions. The Declaration has been copiously used by tribunals and quoted

in publications, seminars, and conferences. Its effects have been far-reaching, and the benefits to humanity are

unquantifiable. Despite this widespread acceptance, the significance of the Declaration is undermined and its

universality debated by scholars, policy makers, and government officials. The UDHR was initially adopted

as a nonbinding, nonlegal instrument. However, it has acquired legal force over the years, and some aspects of

the Declaration have attained the status of customary international law. Seventy-seven years after its adoption,

the Declaration is widely accepted and used as the standard for measuring the conduct of States. The doctrine

of human rights has permeated all facets of society, with people demanding the observance and enforcement

of basic rights from their governments and the courts. At the national level, most states have adopted measures

to promote and protect human rights (Marie, 2003).

Since the end of colonialism in Nigeria, fundamental rights were inserted in the post-colonial constitutions

from 1960 to 1999. Chapter IV of the 1999 Constitution, currently in force, provides for the rights to life,

liberty, fair hearing, dignity, privacy, and ownership of property. Other rights include freedom of expression,

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thought, conscience, religion, peaceful assembly, association, movement, and freedom from discrimination

(Worluh-Okolie & Joseph-Asoh, 2024). Nigerian law also makes provision for the enforcement of these rights

under the Fundamental Rights (Enforcement Procedures) Rules 2009, enabling any aggrieved person to apply

to the High Court in their state for relief. In addition to domestic legislation, Nigeria has subscribed to numerous

international and regional human rights treaties, such as the 1966 Covenants on Civil and Political Rights,

Economic, Social, and Cultural Rights, and the African Charter on Human and Peoples’ Rights 1981.

Most discussions on the human rights situation in Nigeria focus more on violations than observance, as

enforcement remains a major problem. Under both military and civilian administrations, Nigerians have

suffered gross human rights violations perpetrated by state and non-state actors. This work examines the major

human rights developments inspired by the 1948 Declaration and the human rights situation in Nigeria against

the backdrop of the internationalization of human rights through the Declaration.

The concept of human rights

The modern notion of human rights is founded on the doctrine of natural rights which, in turn is based on the

philosophy of natural law, which were used to limit or curb the power of the state (Dhokalia, 1986:92). It

formed the basis of the rights of man embodied in the second half of the eighteenth century in the International

Bill of Human Rights (Dhokalia, 1986:92). The term “human rights” replaced “natural rights” and became a

more popular expression after the Second World War. Natural rights had fallen into disfavor in part because

the concept of natural law had become a matter of great controversy (Steiner & Alston, 1996: 167).

The doctrine of human rights is not devoid of controversies; nonetheless, as can be seen in the variety of

definitions advanced by text writers, theorists, and jurists (Igwe, 2012). This lack of unanimity is largely

attributed to the fact that these legal and political writers belong to different schools of thought (Gasiokwu,

2003). Dowrick (1979:8-9), for instance, defines human rights as: “Those claims made by men, for themselves

or on behalf of other men, supported by some theory which concentrates on the humanity of man, on man as a

human being, a member of mankind…” Eze (1984:5) maintains that: “Human rights represent demand or

claims, which individuals or groups make on society, some of which are protected by law and have become

part of lex lata while others remain aspirations to be attained in the future.” Ajomo (1989:10) states that ‘human

rights are inherent in man: they arise from the very nature of man as a social animal. They are those rights

which all human beings enjoy by their humanity, whether black, white, yellow, Malay, or red.’

On the other hand, Cassesse (1990) describes human rights as an “ideological and normative galaxy” in rapid

expansion, with a specific goal: to increase safeguards for the dignity of the person.” Umozurike (1997) defines

human rights as: “…claims, which are invariably supported by ethics and which should be supported by law,

made on society, especially on its official managers, by individuals or groups based on their humanity.”

A judicial definition was given by the Nigerian Supreme Court per Kayode Eso, JSC, when he described human

rights as standing above the ordinary laws of the land, immutable and indispensable conditions for civilized

existence (Ransome Kuti V. Attorney General Nigeria (1985) 2 NWLR [pt. 6]). These rights exist regardless

of race, colour, sex, or other considerations. And governments, people, or individuals may not withdraw them

(Umozurike, 1997).

Human rights situation after World War II

Traditionally, international law regarded individuals as objects and did not regulate the way their states treated

them, as this was an internal affair of such states (Umozurike, 1993:141). After the war, the concept, perception,

and attitude towards human rights began to change largely due to atrocities committed against civilians.

According to Buergenthal (1995:21), modern international human rights law owes its development “to the

monstrous violations of human rights of the Hitler era and to the belief that these violations and possibly the

war itself might have been prevented had an effective international system for the protection of human rights

existed in the days of the League of Nations.”

The widespread atrocities against civilians brought into focus the need for respect for and international

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protection of human rights. Therefore, one of the war aims of the Allied Powers when they met in 1941 for the

proclamation of the Atlantic Charter was to ensure that protection of individuals would be a major part of the

post-war settlement for any future international organization (Umozurike, 1994:12).

The United Nations and internationalization of human rights On January 1, 1942, 26 countries, prominent

among them Britain, China, USA and USSR participated in a Declaration of United Nations affirming “That

complete victory over their enemies is essential to defend life, liberty, independence and religious freedoms,

and to preserve human rights and justice in their lands as well as in other lands.” This step culminated in the

inclusion of human rights in the UN Charter of 1945. The preamble reaffirms ‘faith in fundamental human

rights, in the dignity and worth of the human person, the equal rights of men and women, and nations large and

small.’ Thus, the development of friendly relations based on equal rights and self-determination and the

promotion and encouragement of respect for human rights and fundamental freedoms for all without regard to

race, sex, language or religion became some of the principal purposes of the UN (General references to human

rights can be found in Articles 1, 13, 55, 56, 62(2,) 68, and 76 of the UN Charter).

The Universal Declaration of Human Rights 1948

On December 10, 1948, the UN General Assembly proclaimed the Universal Declaration of Human Rights as

a common standard of achievement for all peoples and in all nations (GA Res. 217 A

111

). This Declaration,

described as ‘the contemporary Magna Carta of rights,’ spelt out what the Charter expresses in broad terms and

sets forth a common standard for the international community (Agarwal, 2010:762). It provides that all human

beings are born free and are equal in dignity and rights and are entitled to rights and freedoms without

distinction of any kind. The UDHR contains 30 articles outlining human rights and fundamental freedoms.

Two major categories of rights are provided for, namely, civil and political rights (Articles 2 to 21 of the

Declaration), as well as economic, social, and cultural rights (Articles 22 to 27 of the Declaration).

The Legal Status of the 1948 Declaration

Since the Declaration was made, its legal status has been widely debated. The Declaration was originally not

legally binding and was never intended to be so (Agarwal, 2010). It was hortatory, aspirational, and

recommendatory, its main object being ‘to present the ideals of human rights and freedoms set forth therein’

(Agarwal, 2010). However, over time, some aspects of the Declaration have become international custom and

formed part of the general principles of law recognized by civilized nations (Article 38, International Court of

Justice (ICJ) Statute).

Brownlie maintains that some of the provisions of the Declaration either constitute general principles of law

or represent elementary considerations of humanity (Brownlie, 1990:570). It is in this respect that Shaw

(1997:206) also describes the Declaration as ‘the cornerstone of UN activity.’ The Tehran Declaration 1968

also noted that ‘the Declaration constitutes an obligation for the members of the international community.’

The frequent references and statements in United Nations resolutions and declarations that all states are to

observe faithfully the Declaration make it part of the law of nations (Security Council Resolution 310

1972

At the UN-sponsored International Conference on Human Rights, it was stressed that the Declaration

constituted ‘an obligation for members of the international community’ (Proclamation of Tehran, 1968).

Brownlie (1990:570) maintains that ‘its greatest significance is that it provides an authoritative guide, produced

by the General Assembly, to the interpretation of the provision in the Charter’ (Brownlie (1990).

The Declaration has been invoked by the European Court of Justice as an aid or guide on the interpretation of

the European Convention on Human Rights (Golder Case, ILR 57, 201 at 216-217) and by the International

Court Justice (ICJ) in connection with the detention of hostages in conditions of hardship (Case Concerning

United State Diplomatic and Consular Staff in Tehran, ICJ Report (1980) 3 at 42 [para. 91]). Much weight has

been placed on the dictum of the ICJ that obligations Erga Omnes in international law include those derived

‘from the principles and rules concerning the basic rights of the human person’ (Barcelona Traction Judgement,

1970). The ICJ has held that ‘wrongfully to deprive human beings of their freedom and to subject them to

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physical constraint in conditions of hardship is in itself manifestly incompatible with the principles of the

Charter of the United Nations, as well as with the fundamental principles enunciated in the Universal

Declaration of Human Rights’ (Case Concerning United State Diplomatic and Consular Staff in Tehran, ICJ

Report (1980) 3 at 42 [para. 91]).

The impact of the Declaration has been felt in the subsequent formulation of human rights treaties (Shaw,

1997). The Declaration has been reaffirmed in the Genocide Convention 1948; Convention Relating to the

Status of Refugees 1951, and Convention on the Political Rights of Women 1953. Convention on the

Elimination of All Forms of Racial Discrimination, 1966, Convention on the Suppression and Punishment of

all forms of Discrimination Against Women, 1979. The preamble to the two covenants, namely, the Covenant

on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights 1966, provides the

relationship between the UDHR and the Covenants. The Universal Declaration, along with the two Covenants

and three Optional Protocols, constitutes the International Bill of Rights.

There is a historical relationship between the Declaration and the European Convention on Human Rights.

According to Buergenthal (1995:105), ‘the decision to draft the European Convention was made after the

UN General Assembly adopted the Universal Declaration of Human Rights…’ Parties to the Convention

declared the resolve of ‘the Governments of European countries which are like-minded and have a common

heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective

enforcement of certain of the Rights stated in the Universal Declaration’ (Buergenthal, 1995:106).

The Declaration has also found its way into the Inter-American Convention on Human Rights (San Jose, Costa

Rica, 22 November 1969). The preamble speaks of the principles outlined in the American Declaration of the

Rights and Duties of Man and in the Universal Declaration of Human Rights. The African Charter on Human

and Peoples' Rights is also one of the major regional human rights instruments inspired by the 1948

Declaration. Its preamble mentions ‘efforts to achieve a better life for the peoples of Africa and to promote

international co-operation having due regard to the Charter of the United Nations and the Universal Declaration

of Human Rights.’

Significance of the Declaration

The Declaration has effectively given human rights a global focus and has had a profound impact on the minds

of men and the international community’s commitment to human rights as a common standard of achievement

for all peoples and for all nations (Agarwal, 2010:763). It has enumerated human rights for all people and to

all nations, whether they are members of the United Nations or not. This fact is attested to by the incorporation

of the principles elucidated therein into global and regional treaties and many national constitutions.

The significance of that Declaration re-echoed at the 1993 Vienna Declaration and Programme of Action (UN

World Conference on Human Rights in Vienna, 1993), where the universality, indivisibility, interdependence,

and interrelationship of all human rights were emphasized. The United Nations, in furtherance of the objective

of protecting and promoting these rights, established various institutions and procedures (Kedzia, 2003). The

post of High Commissioner for Human Rights was established in 1993 as a result of the Vienna World

Conference on Human Rights and vested with important responsibilities in the field of human rights (G.A.

Resolution 48/141).

Universalism versus cultural relativism

The quest for universal application of human rights appears to have set the proponents and opponents of the

universality principle on a path of confrontation. This has added to the problem of implementation and ignited

a debate between the Universalists and relativists. As Dhokalia (1986) succinctly puts it, “There exist

conflicting versions and perspectives of human rights and sharp differences as to the priorities, mechanisms

and procedures for enforcing them because of different cultural patterns, ideological understandings and

development goals of western, non-western and socialist societies.”

The universality principle means that human rights apply everywhere and in all circumstances. This principle

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has tended to undermine the age-long notions of sovereignty, domestic jurisdiction, and cultural autonomy.

Their advocates believe that certain rights should have a universal character, based on the 1948 Universal

Declaration of Human Rights and the two Covenants of 1966. These instruments were adopted by numerous

states parties from all regions of the world without explicit reference to cultural variation (Steiner & Alston,

1996).

The relativists argue that the doctrine of human rights should respect or take into consideration cultural

diversities or peculiarities, which would have the effect of curtailing such rights (Okagbue, 1996:14-15). To

them, everything centers on notions, interpretations, or judgments that differ from culture to culture (Steiner

& Alston, 1996). Proponents of cultural relativism argue that human rights should be seen in the context of

culture, which in a broad sense include political and religious ideologies and indigenous cultural practices, and

not a matter of one culture attempting to impose its ideas on others. They dismiss the idea of universality of

human rights as another form of Western cultural imperialism embodied in its liberal political ideology and

Christian religious faith, which has seen the elevation and upgrading of Western beliefs to universal principles

without regard to the diversity or peculiarity of cultures (Steiner & Alston, 1996). The debate, which often

follows ideological lines, has pitted Western States against the East, non-Islamic against Islamic countries, and

the developed against Third World countries.

Application of international human rights in Nigeria Chapter IV of the 1999 Nigerian Constitution has

enumerated rights regarded as fundamental, which may be enforced in the event of derogation. In addition to

the Constitution, there are specific laws such as the Child Rights Act and the Violence against Persons

Prohibition Act. The High Courts are also empowered to enforce the rights on the application of a person

whose right has been violated. Nigeria is also signatory to a plethora of international human instruments and

has incorporated the African Charter on Human and Peoples' Rights into its domestic laws (Dada, 2012).

Nigeria has also established the National Human Rights Commission, which can receive petitions on violations

of human rights, investigate, and make recommendations to the government (Ajoni, 2009).

Despite its democratic credentials, human rights abuses have persisted under successive civilian

administrations. The 1999 elections that returned Nigeria to civilian rule and subsequent elections have been

characterized by violence and fraud. Political rights, such as the right to vote and participate freely in the

electoral process, are rarely exercised in conformity with the Constitution (Anyadike et al, 2021). Harassment

of opposition groups, rigging, vote-buying, and violence are constant features of the electoral process.

Freedom of expression has been under serious threat since the return to civil rule in 1999. Some users of social

media platforms have been charged, allegedly, for cyberstalking and cyberbullying under the Cybercrimes Act

2015 and the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024. Blasphemy laws introduced

in some states in northern Nigeria have also curtailed free speech. This has hindered the right to information

and freedom of expression, which are vital in a democratic environment (Egwu & Chukwu, 2024).

Excessive force has allegedly been used by security personnel in maintaining law and order. While people

yearn for protection, the security forces are notorious for using excessive force to break up anti-government

demonstrations, often resulting in injury and deaths (Amnesty International, 2024). Closely associated with

excessive use of force is the issue of extrajudicial killings by security personnel. These killings are wrecking

human rights and the foundation of democracy in Nigeria (Punch, 2023). Some operatives are also implicated

in acts of torture and extortion against members of the public.

Arbitrary arrests represent another example of human rights abuse. Journalists and other citizens have been

victims of unjustifiable arrest, harassment, and intimidation. The Inspector-General of Police frowned upon

the behaviour of some police personnel and, in December 2024, ordered an immediate end to arbitrary arrests,

phone searches, harassment, and detention of youths suspected of involvement in cybercrimes (Omokhunu,

2024).

Detention without trial is another widely abused right, as many people suspected of committing crimes are

languishing in detention without trial. According to figures released by the Nigerian Correctional Service, at

least three-quarters of persons held in custodial centres have not been tried and convicted (Prison Insider,

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2020). Such prolonged detention without trial violates the detainees’ rights to liberty and dignity as human

beings. Other violations include cruel treatment, poverty and inequality, sexual violence, child marriage,

domestic violence, discrimination on grounds of gender and ethnicity, and trafficking of women and children.

Nigeria endorsed the Anti-Torture Act 2017, but its impact has not yet been felt. (Worluh-Okolie & Joseph-

Asoh, 2024).

Non-state actors have inflicted serious harm and injury on civilians through acts of violence. Boko Haram and

Islamic State West Africa Province (ISWAP) have killed thousands of civilians and military personnel and

destroyed communities in their campaign of violence, which started in July 2009. Armed individuals and

criminal gangs officially designated as terrorists, bandits, and separatists have been on the rampage, killing,

maiming, and destroying property. Kidnapping for ransom is rampant and carried out with impunity across the

country. Separatists in the southeast have committed acts of violence and destroyed the economy of the region

in their quest for an independent state of Biafra. Other forms of violence involve farmers and herders’ clashes,

communal disputes over ownership of land, and armed robbery, all of which violate human rights.

Issues affecting human rights observance The widespread disrespect for human rights is attributed to several

factors (Worluh-Okolie & Joseph-Asoh, 2024). A major cause of concern for human rights advocates has been

the disregard for the doctrine of the rule of law. The doctrine advocates the supremacy of the law, equality

before the law, and protection of individual rights. It also upholds public order and checks the excesses of

government (Ofoegbu, 2014). In the area of compliance with the rule of law, Nigeria suffers from a huge deficit

in its democratic trajectory.

The judiciary in Nigeria plays a crucial role in the enforcement of human rights. However, corruption has

permeated deep into the administration of justice in Nigeria (Nwocha & Aja, 2024). The judiciary is said to be

susceptible to political bias, undue influence, and dishonesty, as some judges allegedly succumb to social and

economic pressure and take bribes. On April 30, 2025, the National Judicial Council suspended three judges

for one year without pay for official misconduct (Azu, 2025).

The refusal to respect court orders has fueled human rights violations as certain individuals and security

services often disobey orders issued by competent courts (Nwocha & Aja, 2024). Successive governments have

shown contempt for some judgments of domestic and regional courts, which has led to a culture of impunity.

The refusal to obey or implement some judgments delivered in favour of aggrieved citizens by the ECOWAS

Court of Justice has been described as a major danger capable of eroding the authority and relevance of the

Court (Odeniyi, 2024).

The issue of accountability has also come to the fore. Human rights violations are prevalent because of a dearth

of accountability. The failure of authorities to hold violators accountable for their actions only serves to

embolden them and heightens the culture of impunity. Failure by the authorities to rein in personnel of the

Special Anti-Robbery Squad (SARS), notorious for gross human rights abuses, sparked nationwide protests

tagged #EndSARS in October 2020 (Uwazuruike, 2020).

Respect for human rights appears to have suffered a setback in Nigeria due to certain cultural practices and

religious doctrines (Anyadike et al, 2021). The cultural factors include gender inequality, violence against

women, child marriage, female genital mutilation, human trafficking, and patriarchy, among others. This is

predicated on the argument that human rights do not apply universally and that such rights are relative taking

into consideration cultural diversities or peculiarities (Okagbue, 1996:14-15).

The need for reforms, accountability, and education There is a need for reforms in certain sectors of society if

the objective of upholding human rights is to be actualized. Measures should be adopted to guarantee the

independence and impartiality of the judiciary (Nwocha & Aja, 2024). This arm of government should be

autonomous and insulated from external pressures and political influence. One way of achieving this is through

financial autonomy and the ability to manage its budget and expenditure without executive or legislative

interference. Gifts of official cars and residential apartments for judges from the executive arm of government

should be discontinued. Such gifts, although made in good faith, often raise insinuations and concerns of

potential executive meddling. The National Judicial Council should be firm in its oversight functions to ensure

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judges do not breach their code of conduct.

The security sector requires urgent reforms if the goals of implementing and enforcing human rights are to be

achieved (Akinwumi et al, 2023). Institutions responsible for oversight functions in the security services

should address concerns about excessive use of force and extrajudicial killings. The issue of impunity and the

dearth of accountability for human rights violations within the security establishment must be viewed with

grave concern. Individuals implicated in human rights violations should face justice, as this would deter others

and promote public trust in the security services. Arms bearers should receive better training and orientation in

handling weapons and the rules of engagement. It is important to promote human rights education within the

security establishment as part of the reforms.

Nigerian authorities must address the issue of disrespect for the rule of law, as its non-observance could breed

chaos and anarchy (Ofoegbu, 2014). The government must find the courage and political will to ensure that

everyone, irrespective of status, is subject to the constitution and other laws. This will reduce the culture of

impunity, arbitrariness, and favoritism currently prevalent in the system. Disobedience to a court order must

be abated. Persons or institutions affected by such orders should exercise their right of appeal instead of towing

the line of contempt. The belief in the court as the last hope of the common man is being eroded as disobedience

to court orders persists.

A discourse on breaches of human rights often focuses on the role of the state. While state actors are put in the

spotlight and scrutinized when debating human rights abuses, private sector violations involving armed groups,

criminal gangs, corporate entities, and individuals are often ignored. This group of perpetrators should also be

investigated and held accountable for reported violations. Additionally, there should be human rights education

at all levels to educate citizens on this important subject. The National Human Rights Commission, civil

society, and human rights groups should lead a public awareness campaign and advocacy. This will curb the

high rate of domestic violence and harmful cultural practices. Human rights education should take center stage

and be included in the curricula of schools from the primary to tertiary levels.

CONCLUSION

The 1948 Declaration has provided the inspiration and impetus for the modern notion of human rights and the

foundation for global, regional, and national human rights instruments. What began as a mere common

aspiration is now hailed both as an authoritative interpretation of human rights provisions of the UN Charter

and as established customary law, having the attributes of jus cogens and constituting the heart of the global

bill of rights. Nigeria keyed into this Declaration, making human rights one of the cornerstones of its

democracy. Several years after independence, the country is still grappling with human rights issues and

violations. Arising from frequent abuses, human rights enjoy a low esteem in Nigeria. The universality of

human rights should be seen as the only way to promote democracy, good governance, and development in

Nigeria. The dignity of man, peace, freedom, life, and security are universal values which must be embraced

by the state and its citizens, and respect for these ideals will place humanity on the loftiest pedestal.

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