A CRITICAL ANALYSIS OF THE NEXUS BETWEEN INTERNATIONAL HUMAN RIGHTS NORMS AND TRADE POLICIES IN NIGERIA

Abstract

This article delivers a critical analysis of the complex legal nexus between international human rights norms and global trade regimes within the Nigerian legal framework, focusing on the structural tension between market liberalization and state duties to protect citizens’ socio-economic rights. Operating within a strict dualist model under Section 12(1) of the 1999 Constitution, Nigeria faces significant enforcement gaps when applying un-enacted international treaties to commercial, trade, and investment operations. However, recent constitutional transformations notably Section 254C(1)(f) and (h) introduced via the Third Alteration Act have empowered the National Industrial Court of Nigeria (NICN) to bypass this dualist barrier in labour and trade-related employment matters. By analysing landmark judgments from the Supreme Court and the Court of Appeal, this paper assesses the evolution of human rights enforcement, procedural constraints in commercial contexts, and emerging regional pathways under the African Continental Free Trade Area (AfCFTA). It ultimately offers statutory and policy recommendations to reconcile sovereign trade strategies with global humanitarian baselines.