MANDATORY VACCINATION IN NIGERIA: RECONCILING HUMAN RIGHTS LIMIT AND STATE OBLIGATIONS

Abstract

The COVID-19 pandemic intensified debated in Nigeria regarding the permissibility of mandatory vaccination, highlighting tensions between public health objectives and constitutionally protected rights. This article examines the legality of mandatory vaccination within Nigeria’s constitutional and human rights framework. It proposes that though public health constitutes a valid ground for restricting rights as provided under section 45 of the constitution of the Federal Republic of Nigeria 1999 (as amended), such restrictions must satisfy the requirements of legality, necessity and proportionality. Through an analysis of leading medical cases in Nigeria, international human rights instruments such as the ICCPR and ICESCR and comparative jurisprudence, the article explains that mandatory vaccination in a democratic society should not be imposed though executive action alone. The article concludes that mandatory vaccination in Nigeria is constitutionally defensible when it is clearly grounded in legislative authority, supported by scientific evidence and accompanied by procedural safeguards.