PROTECTION OF THE LEGAL RIGHTS OF INTERNALLY DISPLACED PERSONS IN NIGERIA VIS-A-VIS COMPLIANCE WITH THE INTERNATIONAL PROTECTION STANDARDS

Abstract

This work appraised the protection of the legal rights of the internally displaced persons ‘IDPs’ in Nigeria under the national legal regimes and the extent to which they comply with the international protection standards or the minimum essential elements requirements of state regulations for IDPs’ protection using five (5) basic legal rights of the IDPs. The research found that Nigeria’s legal regimes for IDPs and the protections provided therein, generally and specifically do not meet the international protection standards or the minimum essential elements requirements of state regulations for adequate protection of IDPs. Key among the factors that necessitated the inadequacy and gaps included the Nigeria’s government poor attitude and weak policies marring the fulfillment of government’s national responsibility to adequate legal protection of IDP’s in Nigeria, the non-existence of any legal binding IDPs-specific legislations or established specific institution for the protection and assistance of IDPs in Nigeria. The research generally recommended and called on the Nigerian Government, the Nigerian Legislatures, policy makers and the Nigerian judiciary to be pro-active in ensuring the fulfillment of the Nigeria’s National responsibility to adequate protection of IDPs through proactive pronouncements by the Nigerian courts re-enforcing the IDPs’ legal rights, enactment of a legal binding IDPs-Specific legislation that embodies the minimum essential elements requirements of state regulations or the international protection standards for adequate protection of the legal rights of IDPs in Nigeria and provision of adequate resources and effective mechanisms for ensuring the full implementation of the recommended legal measures.