ABSTRACT

This paper examines the challenges and effectiveness of municipal human rights law in Africa, focusing on the 1995 Ugandan Constitution and the 1999 Nigerian Constitution as case studies. Despite robust constitutional frameworks and international commitments, human rights abuses including political repression, violence, and socio-economic inequalities persist in both countries. The study aims to analyze the legal frameworks for human rights protection, identify key similarities and differences, and assess their enforcement in addressing socio political challenges. Adopting a qualitative and theoretical approach, the paper employs John Stuart Mill’s harm principle as a lens to critique state actions that violate rights under the guise of maintaining public order. The findings reveal significant gaps between constitutional provisions and their implementation, with both nations exhibiting systemic human rights violations, such as restrictions on political associations, suppression of civil society, and the use of the death penalty. Economic, social, and cultural rights remain inadequately enforced, exacerbating poverty and inequality. The study concludes that constitutional reforms and political restructuring are essential to align state practices with human rights principles. Recommendations include harmonizing conflicting constitutional articles, strengthening judicial independence, and addressing root causes of abuse, such as weak democracy and exclusionary ideologies. The paper emphasize that without political will to prioritize human rights, legal frameworks alone will remain insufficient to curb violations in Uganda, Nigeria, and across Africa.