When does an international treaty entered into by the government of Nigeria become binding law?

"...an international treaty entered into by the government of Nigeria does not become binding until enacted into law by the National Assembly. See section 12(I) of the 1979 Constitution which provides: "12(1) No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly (AFRC):' (See now the re-enactment in section 12(1) of the 1999 Constitution).

See the recent decision of the Privy Council in Higgs & Anor. v. Minister of National Security & Ors. The Times of December 23, 1999 where it was held that - "In the law of England and The Bahamas, the right to enter into treaties was one of the surviving prerogative powers of the Crown. Treaties formed no part of domestic law unless enacted by the legislature. Domestic courts had no jurisdiction to construe or apply a treaty. Nor could unincorporated treaties change the law of the land. They had no effect upon citizens' rights and duties in common or statute law. They might have an indirect effect upon the construction of statutes or might give rise to a legitimate expectation by citizens that the government, in its acts affecting them would observe the terms of the treaty."

In my respectful view, I think the above passage represents the correct position of the law, not only in England but in Nigeria as well.

Where however the treaty is enacted into law by the National Assembly as was the case with the African Charter which is incorporated into our municipal (i.e. domestic) law by the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Cap. 10 Laws of the Federation of Nigeria 1990 (herein after is referred to simply as Cap. 10) it becomes binding and our courts must give effect to it like all other laws falling within the judicial powers of the courts."

Per OGUNDARE, J.SC. in Abacha v. Fawehinmi (2000) 6 NWLR (Pt.660) 228