What Natural Law Is Not: Distinguishing Natural Law from Other, Related Normativities





Christian morality, Laws of nature, Natural law, Natural laws, Natural law jurisprudence


Custodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations.


Download data is not yet available.

Author Biography

Santiago Legarre, Strathmore University (Nairobi, Kenya)

Professor of Law, Universidad Católica Argentina; Visiting Professor, University of Notre Dame Law School and Strathmore Law School (Nairobi); researcher, CONICET (BuenosAires). LLB., Universidad Católica Argentina; MSt, Oxford; PhD., Universidad de Buenos Aires. I thank Zachary Calo, Rick Garnett, Claire Leatherwood, Richard Ekins, Seba Elias,Randy Kozel, Malenita Munoz Legarre, Florencia Ratti Mendaña, and Paul Yowell for their
gracious comments. I have also benefited from helpful remarks by those present at the Notre Dame Law School Faculty Workshop of 27 March 2014.




How to Cite

Legarre, S. (2023). What Natural Law Is Not: Distinguishing Natural Law from Other, Related Normativities. Strathmore Law Journal, 7(1), 15–23. https://doi.org/10.52907/slj.v7i1.243