BALANCING MIGRANTS’ RIGHTS AND NATIONAL SECURITY IN NIGERIA: CONSTITUTIONAL IMPERATIVES AND LEGAL BOUNDARIES

Abstract

The growing movement of migrants into and within Nigeria has intensified the challenge of reconciling the constitutional protection of migrants’ rights with the demands of national security. The 1999 Constitution of the Federal Republic of Nigeria guarantees certain rights to all persons, including non-citizens, yet national security concerns have prompted policies and practices that sometimes conflict with these guarantees. This article critically examines the constitutional imperatives and legal boundaries guiding this balance, drawing attention to the intersection between human rights obligations and state security prerogatives. The study adopts a doctrinal legal research methodology, relying on primary sources such as the 1999 Constitution, the Immigration Act, 2015, subsidiary legislation, and judicial decisions, complemented by secondary sources including scholarly commentaries, policy papers, and comparative jurisprudence. The analysis reveals that while the legal framework provides a robust constitutional foundation for the protection of migrants, broad discretionary powers vested in immigration and security agencies frequently undermine due process, leading to arbitrary detention, deportation, and other rights violations. The article recommends statutory reforms to limit discretionary powers, strengthen judicial oversight, and institutionalize independent monitoring mechanisms. It concludes that a sustainable approach to national security in Nigeria must be anchored on respect for constitutional guarantees, adherence to the rule of law, and alignment with international human rights standards.