iii.
National Policy on Malaria Control (2005)
National Guidelines on Micronutrients Deficiencies control in Nigeria (2005)
National Guidelines and Strategies for Malaria Prevention Control During Pregnancy (2005)
Integrated Rural Development Policy 2001
National Policy on Poverty Eradication 2001
National Housing Policy for Nigeria.
National Policy on the Elimination of Female Genital Mutilation (FGM) 2002.
National Environmental Sanitation Policy 2005.
National Strategic Framework and Plan for VVF Eradication in Nigeria (2005-2010)
National Reproductive Health and Strategic Framework and Plan (2002- 2006)
National Policy on HIV-AIDS (2003)
National HIV/AIDS and Reproductive Health Survey (2003)
National Policy on Food and Nutrition in Nigeria (2001)
National Water Supply and Sanitation Policy (2000)
Judicial Intervention/Measures;
In 1996, the Court of Appeal went a step further in Fawehimni v Abacha to hold that the
African Charter, by virtue of its domestication, is in a class of its own from other national laws and
supersedes other municipal laws (including, the Constitution and the military decrees). Justice
Mustapha, speaking for the court said:
It seems to me that the learned trial judge erroneously acted when he held that the
African Charter contained in cap 10 Laws of the Federation of Nigeria 1990 is inferior to the
Decree of the Federal Military Government. It is common place that no government will be
allowed to contract out by local legislation its international obligation. It is my view that,
notwithstanding, the fact that Cap.10 was promulgated by the national Assembly in 1983, it
is a legislation with international flavour and the ouster clause contained in Decrees No. 107
of 1993 or No.12 of 1994 cannot affect its operation in Nigeria.
Many other cases endorsed Fawehinwi v Abacha on the point of international flavour of the
domesticated African Charter. These include: Chima Ubani v. Director of State Security Service,
Comptroller General of Prison v Adekanye and other. In the latter case, Justice Galadima of the
Court of Appeal, Lagos said that:
The High Court should not shirk its responsibility to consider issues bordering on
infraction of fundamental human rights as protected under Cap.10 Laws of the Federation
of Nigeria under the thin disguise that there is ouster provision. I subscribed entirely to the
observation of Mustapher JCA in Chief Gani Fawehimni v General Sani Abacha[ ] that the
African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap.10
is superior to our municipal laws on question of human rights.
As mentioned above, the Supreme Court, in overruling the Court of Appeal in Fawehinmi v
Abacha (supra), held that the African Charter could not be superior to the Constitution, which is good
reasoning, as the Charter could not supersede the very legal basis on which it was incorporated. But
the Supreme Court did not say that the Charter is not superior to other statutes of the national
Assembly, nor did their lordships overrule the statements of the justices of the Court of Appeal on
the international flavour of the Charter, which gives it precedent over municipal laws, it is our
submission that though the African Charter is on the same broad hierarchy with other laws of the
National Assembly in terms of the decision referred to above, the Charter, as any other domesticated
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