Tap Initiative wants Nigeria to ratify Malabo Protocol, gives reasons

Adopted in 2014 by the African Union in Malabo, Equatorial Guinea, the Protocol seeks to expand the jurisdiction of the African Court of Justice and Human and Peoples’ Rights.

The Tap Initiative for Citizens’ Development (Tap Initiative) has urged the Federal Government of Nigeria to take urgent and decisive action to ratify the Malabo Protocol, a landmark African Union legal instrument designed to strengthen justice, accountability, and the fight against serious crimes across the continent.

Adopted in 2014 by the African Union in Malabo, Equatorial Guinea, the Protocol seeks to expand the jurisdiction of the African Court of Justice and Human and Peoples’ Rights to include international and transnational crimes such as war crimes, crimes against humanity, genocide, terrorism, trafficking in persons, drug trafficking, and unconstitutional changes of government.

Speaking at a media briefing in Abuja, Martin Obono, executive director of Tap Initiative, emphasised that Nigeria’s ratification of the Protocol is both timely and necessary.

“For Nigeria, the Malabo Protocol is not an abstract legal framework; it is a practical and urgent tool for justice,” said Mr Obono. “Our country continues to grapple with terrorism, trafficking, and transnational crimes that demand stronger and more coordinated judicial responses beyond national borders.”

The Protocol requires 15 ratifications by African Union member states to enter into force. To date, only Angola has ratified it. Tap Initiative noted that Nigeria is well-positioned to lead the continent in advancing the Protocol, given its historical role in shaping African governance frameworks.

“Nigeria has long stood at the forefront of advancing justice and the rule of law in Africa. Ratifying the Malabo Protocol is an opportunity for the country to once again demonstrate leadership and commitment to continental accountability mechanisms,” Mr Obono stated.

Over the past decade, Nigeria has faced significant challenges in prosecuting perpetrators of terrorism and related crimes, due to structural constraints including limited prosecutorial capacity and concerns around the safety of judges, witnesses, and victims. The Malabo Protocol, Tap Initiative argues, offers a complementary regional mechanism that strengthens, not undermines, national sovereignty.

“This is not about surrendering sovereignty; it is about reinforcing justice,” Mr Obono added. “A regional criminal jurisdiction provides the independence, security, and institutional strength required to ensure that perpetrators of grave crimes are held accountable.”

Tap Initiative also highlighted the growing threat of human trafficking, drug trafficking, and the illegal movement of hazardous waste affecting Nigeria and other African countries, crimes explicitly addressed under the Protocol.

To advance Nigeria’s ratification, the organisation has undertaken several strategic actions, including submitting a formal memorandum to the Federal Ministries of Justice and Foreign Affairs, convening a coalition of civil society and legal experts, and engaging key government stakeholders in Abuja. Tap Initiative is also collaborating with Atrocities Watch Africa (AWA) to mobilise a continent-wide coalition aimed at securing the Protocol’s entry into force by 2028.

“Ratifying the Malabo Protocol will send a clear message to Nigerians and to the world that Nigeria is serious about justice, accountability, and the rule of law,” Mr Obono said. “It will also catalyse momentum across the continent and encourage other African Union member states to follow suit.”

Tap Initiative called on the federal government to act without delay, urged the National Assembly to prepare to support the ratification process, and encouraged civil society, legal practitioners, and citizens to lend their voices to the campaign.

“The Malabo Protocol brings the possibility of justice closer to reality,” Mr Obono concluded.