A CRITICAL ANALYSIS OF THE CONSTITUTIONAL LIMITATION OF THE RIGHT TO PRIVACY IN NIGERIA

AN INTERNATIONAL LAW PERSPECTIVE

Abstract

The textual composition of the right to privacy and the limitation clause in the Nigerian Constitution are such that they minimise the enjoyment of the right for Nigerians and non-Nigerians within the Nigerian territory. This article discusses the inadequacy of the constitutional provision relating to the right to privacy in section 37 of the Nigerian Constitution vis-à-vis international law. It also analyses the effects of the textual composition of the constitutional limitation of the right to privacy in section 45(1) of the Nigerian Constitution and the confusion that arises when it is interpreted in light of international law, other provisions in the Nigerian Constitution and the Nigerian Interpretation Act. The discussion concludes by recommending Nigeria’s compliance with international law in its constitutional provision regarding the right to privacy and a textual amendment to section 45(1) of the Nigerian Constitution.