Human rights are closely interlinked and indivisible. Protection or fulfillment of one right has implication for other rights. Enjoyment of “the best physical and mental health” is central to both socioeconomic, civil and political rights and states have important roles to play in fulfilling and protecting these rights (ACHPR, 1986). Although Nigeria ratified both the ACHPR and ICESCR, it has consistently neglected its obligation to fulfil and protect socioeconomic rights of persons living in the country. The usual argument offered is that the state lacks the resources to fulfil these obligations. However, detail of investigations and legal proceedings initiated by the Socio-Economic and Accountability Project (SERAP) have revealed that endemic corruption at all levels of government, wastage and lack of political will are responsible for the gross violation of the socioeconomic rights of Nigerians. This paper therefore recommends that human rights agencies like SERAP should continue applying persistent and concerted pressure on the government using instruments like naming and shaming and sanctions.
Keywords: Human rights, SERAP, socioeconomic rights, naming and shaming, sanctions.
Introduction
SERAP came into being in 2004. As a Non-Governmental Organization (NGO) registered under Nigerian law, the objectives of SERAP are: (1) To use human rights law to promote transparency and accountability in government transactions. (2) To protect the economic and social rights of persons living in Nigeria in line with the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and those rights set out in the African Charter on Human and Peoples’ Rights (ACHPR). (3) To motivate the government and Multi-National Corporations (MNCs) working in Nigeria to tackle problems associated with development; eliminate graft, indigence, inequality, nepotism and favoritism in both public and private policies (4) To deepen jurisprudence in international and human rights law and establish legal precedents through case laws and successful litigation; and (5) to promote a culture of human rights and positively influence opinion on human rights issues (SERAP, 2026; SERAP, 2026).
SERAP recognizes that human rights have a salutary effect on countries that painstakingly fulfill them because they engender peace required for inclusive prosperity. Conversely, countries with poor human rights records are short on peace and lack prosperity. It is therefore not coincidental that the countries dominating the CIRIGHTS and Human Rights Measurement Initiative (HRMI) rankings, the world’s largest human rights datasets, are the same countries dominating the global Human Development Index (HDI) rankings (Mark et al, 2024).
European countries like Norway (75.6%), Denmark (79.1%), and others with high HRMI scores occupy the top 10 positions on the HDI rankings (Statranker, 2026). Nigeria, with its poor human rights record sits at the bottom of HRMI and the United Nations Development Programme (UNDP) HDI rankings. In 2025, Nigeria scored 3.2 out of 10 across HRMI human rights which captures both civil, political, economic and social rights (Agbo, 2025; Igbintade, 2025; Mark et al, 2024). World Human Rights and Rule of Law Index for 2024 ranked Nigeria 120 out of 140 countries measured (Akinmoyeje, 2024). The ranking index compiled by the World Justice Project measures amongst other things: the levels of corruption, human rights protections, transparency in government transactions, compliance with rule of law, regulatory enforcement and functionality of the civil justice system.
Nigeria’s poor human rights and HDI rankings render ineffectual the tremendous efforts of SERAP in using human rights law to promote inclusive development and lift the living standards of all persons in Nigeria. Indeed, SERAP secured many landmark judgments against Nigeria, however, because there is no superior authority to compel the government to comply with court judgments, the state has largely ignored these verdicts. The recalcitrant stand of Nigeria reinforces the argument that states are central in protection and fulfillment of rights.
Also, there is the view that because socioeconomic rights place financial burden on the shoulders of states, sometimes, states that are willing to fulfil their obligations are constrained by economic difficulties and are therefore unable to meet these responsibilities. However, lack of resources to meet economic and social rights obligations is certainly not the case of Nigeria as this paper will reveal.
Historical Perspectives of Human Rights in Nigeria
The geographical space called Nigeria has a long and chequered history of human rights violations. Precolonial Nigeria consisted of different nations and tribes with different religions, cultures and gods. Like Europe in the 18th century and beyond, human rights violations were widespread and consistent with many aspects of tribal cultures. Torture, killing of twins, human rituals, scourging of witches and the discriminatory Osu Caste system are few examples of rights violations that occurred in precolonial Nigeria. Like Europe in the Dark Ages when drawing, quartering, and burning at the stakes were permitted, in precolonial Nigeria, barbaric culture normalized these gross violation of human rights (Hunt, 2007; Dada, 2013).
The advent of colonialism in the late 19th century helped to abolish many rights-violating cultural practices. However, colonialism by its very nature of imposition and denial of right to self-determination was antithetical to human rights. Also, it is important to note that the colonialists abolished the repressive cultural practices not because of an obligation to protect the rights of people living in the colonies, instead the repressive cultural practices were abolished in order to promote “the Three Cs” of colonialism, namely: Christianity, Commerce and Civilization.
Ironically, “the civilized colonialists,” who adopted the Declaration of the Right of Man on August 27, 1789 and preached the Bible to heathens, had no qualms trampling on the rights of people in their colonies whom they regarded as their subjects. Freedom of speech and association were greatly curtailed. Forced labor and servitude was common place as “subjects” in the colonies toiled to meet the quota for raw materials required to keep the industrial machines in Europe running (Faloyin, 2022; Ndlovu-Gatsheni, 2021).
According to Initiative for Research, Innovation, and Advocacy in Development (2021), all pre -independence constitutions in Nigeria, from Clifford Constitution in 1922 to Oliver Lyttleton Constitution in 1954 did not include formal provisions for protecting human rights.
Nigeria’s progression towards formulating a legalistic and state-centric approach to human right began with provision for fundamental human rights in Chapter III of the Independence Constitution of 1960. Subsequent constitutions in 1963, 1979 and 1999 had provisions for human rights. However, it should be noted that between 1960 and 1999 when Nigeria began its current unbroken democratic dispensation, seven military regimes and eight military heads of state were in power for 29 years. Military regimes by their nature are unapologetic about human rights violations and they usually begin their reign with suspension of the constitution, and promulgation of decrees and edicts which are usually repressive.
Starting with the military administration of General Aguyi-Ironsi (January 16, 1966 – July 29, 1966) which outlawed political gatherings or association and curtailed the power of the media to criticize civil servants; followed by General Yakubu Gowon’s government which vested sweeping powers on the Office of the Inspector General of Police to arrest and detain persons without trial, and General Muritala/Olusegun Obasanjo regime which summarily dismissed civil servants without observing laid down administrative process and expropriated private properties without observing judicial process (Dada, 2013). Every military regime trampled on the rights of people living in Nigeria.
Also, the civilian administrations in the first, second and the current fourth republic were not without various human rights abuses (the third republic in Nigeria was short-lived, beginning in 1992 and aborted in 1993 after the presidential election was annulled by the incumbent military regime of General Ibrahim Babangida). For instance, on October 20, 2020, the civilian administration of Muhammadu Buhari ordered soldiers to shoot unarmed protesters execution-style at the Lekki Tollgate (Busari et al, 2021).
Overall, in spite of legalistic and treaty affirming pontifications by Nigeria, a culture for human rights is yet to be enthroned and it is in this environment of apathy for human rights that SERAP commits itself to holding the state accountable to fulfill its socioeconomic rights to persons in Nigeria.
SERAP & Landmark Cases against Nigeria
An analysis of a few cases filed and resolved in favor of SERAP reveals the anti-human rights posture of the Nigerian government. Also, cases filed by SERAP have deepened jurisprudence by setting judicial precedents in the form of case laws.
SERAP Vs Nigeria: A Case of Diversion of #54.78 billion (about $270 million), being fund budgeted for Universal Primary Education.
In 2005, one of the anticorruption agencies called the Independent Corrupt Practices Commission (ICPC) discovered during investigation that about 270 million dollars (more than 57 billion Naira) meant for building and renovation of classrooms across different states in Nigeria under President Olusegun Obasanjo’s administration was embezzled by government officials (Mumuni, 2016).
ICPC’s investigation was initiated by petition filled by SERAP after the human right institution collaborated with whistleblowers to obtain the necessary information.
Due to SERAP’s action and ICPC’s indictment, about 17 million dollars (3.4 billion Naira) was recovered. Consequently, SERAP in 2007, filed a suit against the government before Economic Community of West African States (ECOWAS) court stating that the embezzlement is a pattern of corruption which has deprived Nigerian children the right to education, as well as other socioeconomic rights contrary to the provisions of Article 17 of African Child’s Right Act, Section 15 of the Child’s Right Act and section 2 of the Compulsory Free Education and Universal Basic Education Act 2004 (Mumuni, 2016).
SERAP therefore pleaded with the court to: (1) To declare that based on the provisions of the relevant laws, every child in Nigeria is entitled to free and compulsory education. (2) To compel federal government of Nigeria to make adequate provisions for the fulfilment of the right to basic and free education of every child in Nigeria. (3) To compel the government to prosecute everyone involved in the fraudulent diversion of public funds (Mumuni, 2016).
The grounds for objection raised by the government in its defense further exposed its anti-human rights stand and apathy to fulfilling socioeconomic rights. The Nigerian government stated that: (1) SERAP did not suffer any loss as a result of the matter and therefore lacked proper standing to file the suit. (2) The government admitted that every child in Nigeria has a right to basic free education, however, it argued that the right is not enforceable in law.
The point made by the government is that citizens cannot hold government accountable for its inability to provide infrastructures which the government lack the means to fulfil.
However, the case of the Universal Basic Education Commission (UBEC) fraud, shows that the reason the government is not able to fulfil its obligation is because of endemic corruption and lack of political will rather than lack of resources. The lack of political will is expressed in the refusal of the National Assembly, the law-making body in Nigeria to domesticate both the ICCPR and ICESCR. Also, although Chapter 2, Section 17 of the Nigerian Constitution states that “the sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced,” however, section 6 (6)(c) of the same constitution sets aside judicial powers of the national courts to entertain matters relating to rights set out in Chapter 2 (Olumese, 2021). The implication of this is that socioeconomic rights are not justiciable in Nigeria. This is the reason SERAP approaches the regional court for remedies instead of the national court. The Banjul Charter, as the ACHPR is called was domesticated as part of the national law in 1983 (Akinrinade, 2002). Unsurprisingly, the ECOWAS court found in favor of SERAP on all points raised.
Although the government continues to ignore its responsibility to fulfil its socioeconomic responsibilities to persons in Nigeria and corruption remains rampant. Nevertheless, the effort of SERAP on this matter led to the prosecution of a few persons for UBEC fraud (Channels Television, 2013).
Over the years, SERAP has also secured several landmark judgments against the Nigerian government, notably: (1) SERAP v. Nigeria, filed at the ECOWAS Court in 2009 and ruling made in December 2012, on the matter of environmental pollution of Niger Delta by oil companies.
The court reached the conclusion that Nigeria breached articles 21 and 24 of the ACHPR, specifically, the right to natural wealth and resources and the right to conducive environment (Amnesty International, 2012).
Socioeconomic Rights & Connection with SDGs
According to Ifejika (2023), Nigeria ratified ICESCR on July 29, 1993, the same day the country ratified the International Covenant on Civil and Political Rights (ICCPR). Likewise, in September 2015, Nigeria along with 193 United Nations (UN) member states signed the Sustainable Development Goals (SDGs) covenant, a commitment towards eradicating poverty, reducing inequalities, improving access to quality education and healthcare and mitigating climate change (Sakanko et al, 2022). Eleven year after appending the SGGs, Nigeria is one of poorest performing countries on the 17 SDGs. Nigeria is only ahead of South Sudan, Chad, Central African Republic, and Somalia, African countries which are bogged down by conflict. Nigeria’s unenviable development position presents a perplexing paradox. Abundant human and natural resources cohabiting pernicious poverty experienced by 63% of the population (Vanguard News, 2026). The legal contestations of SERAP versus the Nigerian state point to the major causes of this anomaly: endemic corruption, wastage and absence of political will.
A culture of pervasive corruption prevalent in Nigeria is inimical to fulfillment of socioeconomic rights, a point made in many cases filed by SERAP against the Nigerian government. Also, it has been shown that security, peace and prosperity are interconnected and indivisible, likewise, the fulfilment of socioeconomic rights and attaining SDGs are fused and inseparable.
Ratification of the relevant international and regional human rights treaties is laudable decision on the part of the government. However, ratifying a treaty and implementing the provisions of the treaty are different things. Ratified treaties on their own without the political will of the state to fulfill their obligations are mere academic exercises. As Professor Moyn reiterates, treaties on their own have no compelling or restraining power on states (University of Cambridge, 2018). Treaties are only effective when people in government choose to make something of them. For more than two decades, successive administrations in Nigeria have paid lip service to fulfilling the country’s socioeconomic obligations to persons living in Nigeria as enshrined in the ICESCR and consequently, Nigeria failed to realize the SDGs.
Because socioeconomic rights are positive rights, that is rights that require substantive action on the part of government, the perennial inaction of Nigerian government in fulfilling its obligations creates a yawning gap in the standard of living of the people. As the standard of living of Nigerians plummeted over the years, the number of Nigerians falling into poverty increased as hunger ravished the country, this in turn fueled insecurity and terrorism (Kaplan, 2015).
Recommendations
Nigeria’s culture of human rights violation is more than 100 years old, going back to precolonial era. Therefore, persistent and concerted efforts and pressure are required by key stakeholders to make the government fulfil, respect and protect human rights laws. SERAP has taken the lead in holding the government to account to fulfil its obligations on socioeconomic rights of Nigerians.
Earlier, during the military era of General Babangida, the Civil Liberties Organization, (CLO), one of the foremost human rights NGOs in Nigeria, complemented the efforts of Amnesty International (Akinrinade, 2002). The Constitutional Rights Project (CRP) founded in 1990 also played important role in calling international attention to human rights violations in Nigeria. The efforts of these foremost human rights groups in Nigeria led to the establishment of the National Human Rights Commission (NHRC) in 1995 and the NHRC Act was amended in 2010 to grant the commission greater autonomy to appraise government legislation and policies to ensure that they conform with human rights law and norms, to investigate and report human rights violations as well as promote and protect human rights (NHRC Mandate, 2010).
It can be inferred therefore, that though Nigeria continues to fall short in fulfilling socioeconomic rights, however, gradual progress is made in enthroning a culture for human rights through the activities of both national and international human rights advocates and agencies.
Notwithstanding the progress made, this paper recommends the following tried and tested methods in order to compel the government to fulfil its obligations:
(1) Naming and Shaming
States and persons in government care about reputational damage that usually comes with label as human rights violators. This is because such tag lowers the esteem of targeted states and persons before local and international audience. So, after identifying and reporting gaps in fulfilment of socioeconomic rights without receiving due attention, agencies like SERAP can name and shame the government and individuals responsible. According to Merchant (2023), naming and shaming raises the cost human rights violators pay for their action or inaction.
This is usually done through press conferences, special reports and gazette. For instance, in 2016, SERAP requested Buhari’s administration to publish the names of persons on the recovered looted funds list and the director of SERAP urged the government to direct the fund to meet the needs of the most vulnerable in society (Vanguard News, 2016). When Buhari administration failed to name the looters, SERAP filed a suit at a national court compelling the government to name the looters (SERAP, 2017). SERAP also used the occasion to urge government to publish account of how repatriated General Sani Abacha’s loot was spent.
- Imposition of sanctions
As Professor Moyn averred, the United States (US) is “an exporter of human rights” and Washington has been instrumental to holding countries to account for human rights violations and nonfulfillment of socioeconomic rights (University of Cambridge, 2018). In 2014, US refused to approve sale of arms to Nigeria during President Jonathan’s administration because of the refusal of the government to prosecute military chiefs who allegedly embezzled funds meant for combating insurgency (Erunke, 2016). The US applied similar measures recently in 2021 over charges of human rights violations against Buhari’s government (Akinpelu, 2021). Currently, there are indications that Trump administration may impose arms embargo on Nigeria over the killing of Christians in parts of Nigeria (Oyedeyi et al, 2025).
Conclusion
Nigeria’s culture of neglect of socioeconomic rights will not go away. However, key stakeholders in the human rights community can continue to apply concerted pressure where necessary. Therefore, eternal vigilance is required on the part of SERAP, NHRC and other stakeholders by focusing on where change is required rather than progress made. By focusing on moments when change occurs and moments when change don’t occur, human rights agencies like SERAP can continue to make the invisible gaps in fulfillment of socioeconomic rights visible and call local and international attention to these issues (University of Cambridge, 2017).
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