Analysing The Impact Of Judicial Activism On Human Rights Protection: A Comparative Review Of Nigerian And Indian Jurisprudence

David Bassey Antia, Faculty of Law, Topfaith University

ABSTRACT

This article examines the vital role of the judiciary in human rights protection with specific reference to the Nigerian and Indian experience, focusing on the impact of judicial activism in safeguarding human rights. Through a careful analysis of landmark judgments, this article reveals the effectiveness of judicial activism in preventing executive and legislative overreach, filling legal gaps, and advancing the rights of marginalized persons and group of individuals in every democratic society. While both nations have embraced judicial activism, the Indian judiciary has demonstrated a more robust approach. This difference is attributable to institutional differences especially in the aspect of adjudication practised by the two countries. This writer urges the Nigeria's judiciary to adopt a more liberal and expansive interpretation of the Constitution in order to support and strengthen human rights protection. The article further highlights the imperative of judicial activism in fortifying human rights and democratic values and advocates for a principled approach to harness its potential for promoting justice, human rights, and democratic deepening in both nations.