APPRAISAL OF THE CHALLENGES OF DIPLOMATIC PROTECTION OFNIGERIANS UNDER INTERNATIONAL LAW

Abstract

Diplomatic protection recognised the right of a state of nationality of an injured alien to bring international claim(s) against another state in respect of the injury suffered or caused to the person and or property of its nationals abroad. This is because an injury to an alien is considered to be an injury to his home state and in taking up his case the state is seen as
asserting its own rights. The state that caused the injury is required to pay reparation for the injury caused the alien. This procedure is called diplomatic protection. This article appraised the challenges of diplomatic protection of Nigerians under international law. The article noted
two major approaches to legal research namely, the doctrinal and non doctrinal approaches. However, the article adopted doctrinal approach relying on both primary and secondary sources. It is the findings of the research that diplomatic protection remained an important remedy for the protection of persons whose human rights have been violated abroad and that states should have obligation to protect their nationals living abroad. The article recommended for a re-evaluation of the concept of diplomatic protection to be in line with current international concerns on human rights and for the amendment of the constitution as well as the fundamental rights enforcement procedure in Nigeria to entrench diplomatic protection.