AN EXAMINATION OF THE RIGHT TO SHELTER IN NIGERIA AND SELECTED JURISDICTIONS: CHALLENGES AND PROSPECTS

Abstract

This paper examines how Nigerian law protects the right to shelter and compares it with China’s and Rwanda’s approaches. Utilising doctrinal and comparative methods, it studies the 1999 Constitution (as amended), the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, the Land Sue Act, the International Covenant on Economic, Social and Cultural Rights, and relevant judicial and quasi-judicial decisions, alongside the constitutional expropriation and housing regimes of China and Rwanda. Grounded in capability approach and right to city theory, it finds that shelter in Nigeria remains a non-justiciable principle under section 16(2)(d) of the Constitution, so protection comes only indirectly, through the rights to life and dignity and the African Charter. The chief difficulties are forced evictions without notice, compensation or resettlement, the Governor’s wide revocation powers under the Land Use Act, a housing deficit officially put at about 115 million units, and weak enforcement of judgements. China shows the value of large-scale state housing delivery and of statutory rules requiring compensation before demolition, though housing is not judicially enforceable there as a right. Rwanda shows how law can embed fair, prior compensation and planned relocation, though valuation disputes persist. The paper recommends legislation to give effect to section 16(2)(d), a statutory code against forced eviction, reform of compensation under the Land Use Act and sustained public investment in housing finance.