Right To Privacy and National Security in Nigeria: In Search of Exact Confines of Its Boundary

This paper examined right to privacy and its limitation by the state on ground of national security using Nigeria as case study. Activities of states and non-state actors in relation to right to privacy were critically evaluated. The ‘Permissible Limitation Test’ developed over time by courts and human rights bodies was also examined. Relying on Articles 26 and 27 of Vienna Convention on Law of Treaties, it was submitted that action(s) which violate right to privacy by state authorities should, in each circumstance, be subjected to the ‘permissible Limitation Test’. Furthermore, it was argued that by virtue of the Vienna Convention and the preamble to the Fundamental Rights (Enforcement Procedure) Rules, 2009, Nigerian courts should apply the test in deserving circumstances. It was recommended among others that the UN Human Rights Council should issue a new general comment on right to privacy to provide guidance for states in law enforcement and the courts in Nigeria should ensure derogation from the right to privacy occurs only in deserving cases.