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Abstract
Irregular migration remains a deeply contested issue in contemporary migration governance, particularly in Nigeria where security concerns and human rights obligations frequently collide. This research critically examines the criminalization of irregular migration within the Nigerian legal framework, highlighting how migrants are often penalized for their immigration status rather than for any criminal conduct. While Nigeria has a legitimate interest in protecting its borders and addressing transnational threats such as trafficking and terrorism, the blanket application of criminal sanctions to migrants, including refugees, asylum seekers, and economic migrants, raises serious human rights concerns. Through an analysis of key domestic laws such as the Immigration Act 2015, Immigration Regulations 2017, NAPTIP Act, Criminal Code and the Administration of Criminal Justice Act (ACJA), as well as international instruments like the 1951 Refugee Convention, The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ECOWAS Free Movement Protocol and African Charter on Human and Peoples’ Rights, this study assesses the extent to which Nigerian law strikes a balance between enforcement and protection. The research finds that the current approach risks conflating administrative breaches with criminal offences, leading to violations of fundamental rights such as liberty, due process, and non-refoulement. The study concludes by advocating for a migration framework that distinguishes between genuine security threats and humanitarian need. It calls for policy reforms that uphold the rule of law while respecting the dignity of migrants, ultimately proposing a more proportionate, rights-based, and security-conscious model for managing irregular migration in Nigeria.
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