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The Oracle

Nigeria in Search of an Enduring Political Structure: Imperative of Structural Reform (Pt. 1)

Published

3 years ago

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By Mike Ozekhome

INTRODUCTION

Since the Southern and Northern protectorates were amalgamated in
1914 by Lord Frederick Lugard of the then British colonial government and gained political independence from Britain on October 1 1960, Nigeria as a political entity or socio-political structure has been under threats of disintegration, a threat which exists as a result of lack of understanding and harmony among the different ethnic nationalities that make up Nigeria as an independent and a sovereign state. These factors of lack of understanding, unity, peace and harmony among these ethnic nationalities that constitute the Nigerian state, may be attributed to differences or diversities evident in the culture, language, religion and most importantly the worldview of the various ethnic nationalities that make up the political structure called Nigeria.

Nigeria as a country was a British colony idea and shared boundaries with French colonies.  However, the manner in which the colonial boundaries were drawn compounded the problems of the colonies. The colonial boundaries did not take into account the ethnic, religious, cultural and geographical lines. Consequently, some culturally, ethnically, and religiously homogenous and contiguous communities were arbitrally severed and forcefully kept in different colonial authorities. And because these communities had been interacting culturally, ethnically, religiously and occupationally before the deluge of imperial occupation, and because the various colonial authorities did not seek integration of the severed communities but, instead their separation, consequent upon the divergent interests of the respective colonial authorities, seeds of discord, disharmony and conflicts were sown in these communities. New boundaries were created and scarce resources became competition objects.

It was not, therefore, surprising that after political independence, when Africans took over the reins of power, the various communities which were suffering under the weight of colonial abuse, consequent upon their “exile” resulting from their forceful separation and excision from their Kith’s and Kins, rose up in gallant defense of their “territorial” integrity and “sovereignty”.

They demanded to be re-integrated with their kith’s and kins wherever they might be in the post independent African countries.
However, the demands and movements rather than help in resolving the conflicts, generated new conflicts. It is our contention that rather than seek for re-integration with kith’s the emphasis should be on peaceful co-existence. Needless to say, African countries with greater mix of these colonial anomalies impinging on the free operation and functioning of pre-Berlin Conference ethnic, religious, cultural and spatial identities and sensibilities, faced enormous, in fact,
gargantuan development tasks mediated and modulated by the homogeneity or heterogeneity of these critical  determinants of sustainable development. Sustainable development entails not only economic development but equitable distribution of economic benefits such as equitable provision of basic needs, remedy of social inequities and environmental damages. It can be achieved only in time of peace.

NIGERIAN, AN ARTIFICIAL CREATION

Nigeria’s creation was fundamentally flawed with the British super-imposing Northern hegemony and dominance over Southern Nigeria. Nigeria is an artificial creation. Indeed, the name Nigeria was given to her by a young British journalist, Miss Flora Louisa Shaw (who later married Lord Lugard) on 8th January, 1897. What is today known as Nigeria was ruled by the Royal Niger Company around 1886 to 1899. Following the revocation of its character, the Royal Niger Company sold its holdings in the territory which later became Nigeria to British for £865,000. This was the price for which Nigeria was purchased. (i.e., about N 735. 2 Million only). By 1900, the Southern Nigeria Protectorate and Northern Nigeria Protectorate passed from the Royal Niger Company to Britain. By 1st January, 1914, these two territories were amalgamated as the Colony and Protectorates of Southern and Northern Nigeria. The fusion of these two territories was done for political and commercial reasons without any consideration on the preferences of the inhabitants of these territories. These people already had their set ways of life – the Benin and Oyo Empires; Hausa City States; Igbo City States; Kanem Bornu, Ile-Ife civilization cradle of the Yoruba race. We already had great historical figure like Oba Ovonranmwen Nogbaisi of Benin Empire, King Nana of Itsekiri, King Jaja of Opobo, Queen Amina, Mal Idriss Alooma, Queen Idia, etc.

THE INDEPENDENCE

Nnamdi Azikiwe, Ahmadu Bello, Obafemi Awolowo, Sir Tafawa Balewa, Chief Anthony Enahoro, Joseph Tarka, Chief Dennis Osadebe, Herbert Macaulay, etc., who fought, unarguably, for the flag independence of Nigeria from Britain, in reality, projected the ideas of their enclaves. For example, while people from the Southern part of Nigeria craved for independence in the 50’s, the people from Northern Nigeria felt the timing was wrong. Chief Anthony Enahoro’s motion for Nigeria’s Independence suffered setbacks in parliament on several occasions with the northern members of parliament staging a walkout as a consequence of the motion. However, in 1953, Enahoro initiated move to self-government through the motion he sponsored in the Western House of Assembly. This eventually led to Nigeria’s independence on 1st October, 1960. While it could be argued that the people currently occupying the territory called Nigeria were never consulted before the amalgamation of 1914, all of them lifted the Nigerian flag the moment the Union Jack was lowered in October 1, 1960.

Many who felt granting independence to Nigeria would usher in unprecedented growth, were surprised to see unprecedented corruption, looting of the nation’s treasury and mismanagement of the country by the supposedly founding fathers of the Country. The military that came to salvage the problem on 15th January, 1966, even compounded it by their lop-sided manner of cleansing the system. There is a conspiracy theory that the Igbos used the coup to pave way for General Aguiyi-Ironsi to be Head of State of Nigeria. The Northern members of the Nigerian Army did not hold back as they retaliated over the killing of Ahmadu Bello, Tafawa Balewa, Maimalar and others by also slaughtering many innocent Igbo soldiers and civilians through a genocidal ethnic-cleansing. This eventually led to the Nigerian Civil War. There have been many coup d’états in Nigeria since the 1966 coup d’état. However, since the year 1999, there has not been any coup. There have been different agitations springing up in some parts of the country.

If there is one thing all Nigerians are agreed upon, it is the belief – fueled by disappointment and frustration – that have we have failed to fulfill our potential as a nation, we are a long way from living up to the dreams of our founding fathers. Right from our 21st year of independence (when we hypothetically came of age), till date, few issues have consistently featured in our national discourse (particularly in the media) as the National Debate. By this is meant the seeming past time of virtually every Nigerian to bemoan our experience as a nation. Simply put, Nigeria is a failed, broken nation. Apply every conceivable yardstick, according to every knowledgeable (and not-so-knowledgeable) expert, the country is not just a disaster waiting to happen – IT HAS ALREADY HAPPENED.

THE DIAGNOSIS

Virtually every thing that can possibly go wrong, is wrong with our country: insecurity, collapsed infrastructure, failure of the public school system, an economy in shambles (epitomized by the free-fall of the value of the Naira and spiraling inflation), an unremitting insurgency, etc. The list is endless. With such a litany of woes, it is no surprise that many Nigerians have since given upon their country. But is all hope lost? Is the situation irredeemable? Can Nigerian be salvaged? If so, what does it take? As usual, the first step in tackling any problem is accurate diagnosis. Accordingly, in attempting to deconstruct “The Nigerian Conundrum”, the first task is to assess the scale of the challenge –to probe the depth of the rot.

In his book “The Trouble with Nigeria,” Professor Chinua Achebe surmised that Nigeria’s problem “is simply and squarely a failure of leadership . . . The Nigerian problem is the unwillingness or inability of its leaders to rise to the responsibility, the challenge of personal example, which are the hallmarks of true leadership”. He concluded that, with good leaders, we can overcome the challenges of tribalism, lack of patriotism, social injustice, mediocrity, indiscipline and corruption. Those sentiments were echoed a generation later by a notable scholar, who, when asked to identify the key “Issues/ Problems with Fix(ing) Nigeria “offered the following response:

  • Complex ethno-religious composition that gives rise to tribalism,
  • High power distance culture that makes institutional leaders see themselves as ‘Lords’ that cannot be questioned rather than as servants of the people,
  • Corruption on steroids,
  • Weak institutions, and
  • High illiteracy/poverty rate, that make it easier for the political elite to weaponise poverty.

I will add, state captured by elite buccaneers and weak followership/civil society.

As pointed out Ehi Braimah “Bad planning, wrong choices/priorities, egregious greed and corruption are largely responsible for Nigeria’s fall from grace”.  By that, he was alluding to a time (in 1974), when Nigeria was reportedly so prosperous, that she lent money to the International Monetary Fund, the IMF. The source of that revelation, Alhaji’ Abubakar Alhaji, the then Permanent Secretary of the Federal Ministry of Finance, identified over-dependence on oil and the huge cost of governance at all levels as contributing to the comatose state of our economy.

A FUNNY COUNTRY: MISPLACED PRIORITIES

*Naija & her ways*

79,000 Nigerian muslims spent $5,000 each to go to Saudi Arabia to stone and kill the devil with stones. $395 Million from a poor underdeveloped Country like Nigeria. Saudi economy is growing through Tourism. 50,000 Christians went to Israel to Kiss Jesus statue there and attach JP to their names. $250 Million =$645 Million – (over Half a BILLION Dollars ) …$1.3 billion. Let’s not convert it to naira because some of us will not sleep, but let’s try. (782 billion naira, Over half a Trillion naira.)

This amount can be used to fund fresh graduates who have innovative Ideas and in turn, create millions of Jobs. Since we have been traveling to Israel and Saudi Arabia, has our Economy improved? What is Government’s business with pilgrimages?  What is wrong with us?

Africans (especially Nigerians) what Is wrong with our logic?

Nowhere is the rot more noticeable than in the value of the Naira. From a high of US dollars to one naira back in the Seventies, it is shocking that the Naira has now plunged to an all-time low of N740 to the dollar. In terms of education, our public universities have been shut for the umpteenth time because of a prolonged strike (8 months strikes and counting) by lecturers over lack of payment of a mere living wage. Apart from threatening to proscribe their union, the Federal Government’s latest clearly desperate, response, was to ask affected students to sue the lecturers’ union.

FUNTIMES

“Dear Geography teacher, thanks for deceiving me. If the earth is rotating, what am I still in Nigeria? mtcheeeew” – Anonymous.

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The Oracle

The Oracle: Enforcement of Fundamental Human Rights Under the 1999 Constitution of Nigeria (Pt. 4)

Published

1 month ago

on

May 22, 2026

By

By Prof Mike Ozekhome SAN

INTRODUCTION

In our last discourse on this series, we examined the procedure for enforcement of fundamental rights, including applications for leave; as well as the substantive application itself and the reactions that follow. Today, we shall continues from where we stopped with the substantive application itself and the reactions thereto and later x-ray the applications to squash proceedings; applications for production and/or release of persons restrained; orders for bail, production and access to medication. Please read on.

SUBSTANTIVE APPLICATION: THE MOTION OR SUMMONS (Continues)

In the case of LAWRENCE OLUSEGUN ADEYEMO V. C.O.P, OYO STATE ([2021] LPELR-56272(CA)), the applicant requested the court for a writ of habeas corpus under order 2 of the fundamental Rights (Enforcement Procedure) rules 1979 which provision enjoined the applicant to serve all parties who are or might be interested in the proceedings. Although the affected party had put up appearance, but raised a preliminary objection to the application for non-compliance with the statutory conditions. Babalakin. J. (as he then was) struck out the application on the ground that order 2(1)(4) is mandatory whether the application is for mandamus, certiorari, or habeas corpus.

However the Supreme Court in recent times in respect of the fundamental rights enforcements has favourably leaned towards the equitable principle of “Ubi Jus Ubi remedium”, therefore looking more at the substance rather than the form. Hence the liberalization of the procedure for the enforcement of fundamental rights as exposed in the case of ABACHA V. FAWEHINMI ((2000) 6 NWLR (Pt. 660) 228) and UBI UJONG INAH & ORS V. MARCUS UKOI ((2001) (CA) 41981.

APPLICATION TO QUASH ANY PROCEEDINGS

Sometimes it may be necessary for an applicant by way of certiorari to apply to the court for an order that such proceedings be removed from a particular court or tribunal to another court for the purpose of being quashed for lack of power and/or jurisdiction to entertain such proceedings or make such order.

However, an applicant shall not be able to question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of his application (Motion or summons), he has served a certified copy (CTC) thereof together with a Copy of the application on the Attorney-General of the Federation or of the State in which the applicant is being heard (as the case may be).

The court in granting an application seeking to quash proceedings, shall direct that the order, proceedings, conviction or the records of an inquisition be quashed forthwith upon being removed into the court hearing the application.

APPLICATION FOR PRODUCTION AND/OR RELEASE OF PERSON RESTRAINED

By virtue of Order 4 of the Fundamental Rights (Enforcement Procedure) Rules, where an applicant complains of wrongful or unlawful detention, the court or judge to whom the application is made ex-parte may make an order forthwith for his release from such detention.

The court may also direct that an originating summons (as in form 2) be issued or that an application therefore be made by notice of motion (as in form 3). The court may also as it deem fit adjourn the ex-parte application so that notice thereof may be given to the person against whom the order for the release of the applicant is sought.

ORDER FOR BAIL, PRODUCTION, AND ACCESS TO MEDICATION

Pursuant to order 4 of the bail application, the court upon application may grant to the detainee reliefs including bail, production of the detainee, access to mediation etc.

The court may grant bail at ex-parte stage, pending the substantive application. Where an applicant complains of wrongful or unlawful detention, the court may subject to its discretion order that the person restrained be produced in court. And where such order is so made, it shall constitute a sufficient warrant to any superintendent of a prison, police officer in charge of a police station, police officer in charge of the complainant or any other person responsible for his detention, to produce or ensure the production of the person so restrained or detained in court.

For the purpose of enforcing a person’s fundamental rights, no matter where a detainee is kept he can be allowed access to his personal physician or medically prescribed drugs.

It suffices to note here, that once an order has been made by the court pursuant to the Enforcement Rules, and for the purpose of enforcing or securing the enforcement of any of the fundamental rights provided for in the constitution, such order must be complied with. Failure to obey or comply with any order so made by the court under these rules will incur proceedings for the committal of the party disobeying such an order.

CONCLUSION

Without any controversy, the idea of human rights and personal liberties has become firm and secured. The universality and immutability of human rights are now globally accepted. Consequently, any nation that slacks or shyies away from the diligent protection and enforcement of human rights stand the precarious risk of being shunned by decent and civilised nations. The United Nations seems to have captured the importance and primacy of the issue of human rights and its protection when it poignantly stated as follows:

“Human Rights and fundamental freedoms are the birth right of all human beings, their protection and promotion is the first responsibility of Government” (Universal Declaration of Human Rights (UDHR).

It is the duty of every Government everywhere and every courts of law in every jurisdiction to promote, protect, uphold, and ensure enforcement of fundamental Human rights at all times, because these rights encapsulate the very essence of man.

The end.

THOUGHTS FOR THE WEEK

“Human rights, of course, must include the right to religious freedom, understood as the expression of a dimension that is at once individual and communitarian – a vision that brings out the unity of the person while clearly distinguishing between the dimension of the citizen and that of the believer”. – Pope Benedict XVI.

“Because no matter who we are or where we come from, we’re all entitled to the basic human rights of clean air to breathe, clean water to drink, and healthy land to call home”. – Martin Luther King III

“Human rights are not only violated by terrorism, repression or assassination, but also by unfair economic structures that creates huge inequalities”. – Pope Francis.

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The Oracle

The Oracle: Enforcement of Fundamental Human Rights Under the 1999 Constitution of Nigeria (Pt. 3)

Published

1 month ago

on

May 15, 2026

By

By Prof Mike Ozekhome SAN

INTRODUCTION

Last week’s installment examined amongst others, the features of what constitutes violation of fundamental rights and posed the question- whether enforcement of such rights is restricted to the mechanism of the FREP Rules? This week contuse the same theme by discussing the procedure for enforcing fundamental rights, including applications for leave; the substantive application itself and the reactions thereto. Please read on.

PROCEDURE FOR ENFORCEMENT (Continues)
Furthermore, the Court of Appeal (Benin Division) dilated on the procedure in the case of N.U.T Vs. COSST ((2007) 23 E-WRN / 03 (CA).), thus:

“By virtue of Order 1 rule 2(2) of the Fundamental Rights (Enforcement Procedure) Rules, no application for an order enforcing or securing the enforcement within that state of any such rights shall be made unless leave therefore has been granted in accordance with the rules. Thus, while an applicant can approach the High Court in a state where the infringement of his rights occurs or is likely to occur for redress he has to obtain leave of the appropriate High Court before he can apply to enforce his rights. In the instant case, even if the case was a fundamental right case the suit was not commended by due process, as the respondents approached the court by way of originating summons contrary to the provision of Order 1 rule 2(2) of the Fundamental Right (Enforcement) Rules.

An application for the enforcement of fundamental right becomes incompetent if the main claim does not fall within the ambit or precinct of chapter IV of the Constitution. Any claim that falls outside chapter IV of the Constitution becomes ancillary claim. Therefore, for an applicant for enforcement of fundamental rights to be competent, it must be within the provisions of chapter IV of the Constitution.

This point reverberated in W.A.E.C Vs. Akinwumi, (2008) JELR 49485 (SC), where the Supreme Court succinctly held that:

“In ascertaining the justicieability or competence of a suit commenced by way of application under the Fundamental Rights (Enforcement Procedure) Rules, 1979, the court must ensure that the enforcement of the fundamental rights under chapter IV of the Constitution is the claim and not ancillary claim. Where the claim is not the enforcement of a fundamental right, the jurisdiction of the court cannot be said to be properly invoked, and the action is liable to be struck out on ground of incompetence.”

Also, in Unilorin Vs. Oluwadare (2008) JELR 55842 (CA), the court adumbrated the point as follows, when it held that:

“When an application is brought under the Fundamental Rights (Enforcement Procedure) Rules, 1979, a condition precedent to the exercise of the court’s jurisdiction is that the enforcement of fundamental rights or the securing of the enforcement thereof should be the main claim and not an accessory claim. Enforcement of fundamental right or securing the enforcement thereof should, from the appellant’s claim as presented, be the principal or fundamental claim as presented, and not accessory claim. However, where the main claim or principal claim is not the enforcement or securing the enforcement of a fundamental right, the jurisdiction of the court cannot be properly exercised as it will be incompetent. In the instant case, the respondent’s claim, being a challenge to his expulsion as a student from the 1st Appellant institution, is not one of those claims/reliefs envisaged by the Fundamental Rights (Enforcement Procedure) Rules.

See also Gafar Vs. Govt., Kwara State, (2007) JELR 53915 (SC); Unical Vs. Ugochukwu 2007-LD-CA-232.

It is important to note that an applicant seeking redress for the infringement of his Fundamental Rights shall in addition to declaratory and injunctive orders also be entitled to an award of damages. This is because in fundamental right cases, the law presumes that damages flow naturally from the injury suffered by the victim as a result of the violation of the rights.

APPLICATION FOR LEAVE

By virtue of Judgment (Enforcement) Rules in Nigeria, no application for an order enforcing or securing the enforcement within a state, of any such rights shall be made unless leave therefore has been granted in accordance with these rules. Also, any application for such leave must be made ex-parte to the appropriate court and must be supported by a statement setting out the name and description of the applicant, the relief sought, and grounds on which it is sought and by an affidavit verifying the facts relied on.

The deadline for filling an application for leave is not later than 12 (twelve) Months after the date of the happening of the event complained of, unless the judge is satisfied that extenuating circumstances exist. In case of ongoing act, an action can be brought after 12 Months deadline, at any point during the continuation of the wrong. An applicant must however file the application for leave not later than the day preceding the date of hearing. The court may in granting leave to the applicant impose such terms and condition as it may deem fit, as security for cost.
It is to be noted that leave once granted, shall operate as a stay of all actions relating to or connected with a complaint which forms the subject matter of the application until the determination of the substantive suit.

The ex-parte application for leave must specify the provisions of the enforcement procedure Rules under which it is brought, the precise content of the relief to be requested once the application for leave has been granted and cursory reference to relevant laws. This must be accompanied by an affidavit verifying relevant facts to be relied on.

The deadline for filing an application for leave is not later than 12(twelve) months after the date of the happening of the event complained of, unless the judge is satisfied that extenuating circumstances exist. In cases of ongoing act, an action can be brought after 12month deadline, at any point during the continuation of the wrong. An applicant must however file the application for leave not later than the day preceding the date of hearing. The court may in granting leave to the applicant impose such terms and conditions as it may deem fit, as security for cost.

It is to be noted that leave once granted, shall operate as a stay of all actions relating to or connected with a complaint which forms the subject matter of the application until the determination of the substantive suit.

The ex-parte application for leave must specify the provisions of the enforcement procedure Rules under which it is brought, the precise content of the relief to be requested once the application for leave has been granted and a cursory reference to relevant laws. This must be accompanied by an affidavit verifying relevant facts to be relied on.

SUBSTANTIVE APPLICATION: THE MOTION OR SUMMONS

After obtaining leave, the applicant can apply for an enforcement order by way of NOTICE OF MOTION (as in form 1) or ORIGINATING SUMMONS (as in form 2). In the celebrated case of SHUGABA, A. DARMAN V. MINISTER OF INTERNAL AFFAIRS & ORS. ((1981) 2 NCLR 459). It was held inter-alia that the proper procedure to be followed in an application for enforcement or securing the enforcement of fundamental rights and redress for violation of same is guided by the fundamental Rights (Enforcement Procedure) Rule 1979 which requires that where leave has been granted to apply for the order being asked the application for, such order must be made by notice of motion or originating summons to the appropriate court.

The motion or summons, together with a copy of the statement submitted in conjunction with the application for leave, must then be served on all persons directly affected. Unless the court directs otherwise, there must be at least 8 clear days between service of the motion or summons and the date fixed for hearing.

A substantive application either by motion or summons seeking for substantive reliefs, remedies or orders may include such prayers as:

a. Unconditional release of the detainee
b. Payment of a certain sum of money as compensation in the event of the arrest and detention being illegal, unwarranted, null and void.

The court may equally make any other ancillary order after hearing argument from counsel on all sides based on the affidavit and counter-affidavit.

It should be noted that failure to adhere to the procedure laid down by the Enforcement Rules may lead to the entire proceedings being nullified. The court shall upon objection being raised for non-compliance with the rules strike the entire proceedings out. (To be continued).

THOUGHT FOR THE WEEK

“Human rights, of course, must include the right to religious freedom, understood as the expression of a dimension that is at once individual and communitarian – a vision that brings out the unity of the person while clearly distinguishing between the dimension of the citizen and that of the believer”. – Pope Benedict XVI

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The Oracle

The Oracle: Enforcement of Fundamental Human Rights Under the 1999 Constitution of Nigeria (Pt. 1)

Published

2 months ago

on

May 1, 2026

By

By Prof Mike Ozekhome SAN 

INTRODUCTION 

Man as distinct from other beings is rational and has morals. He has the power of reason which enables him to differentiate between right and wrong, between good and bad, and also between justice and injustice. He therefore possesses honour and dignity which are higher than that of other beings. Human rights are necessary to protect this honour and dignity which nature has bestowed on human kind. They ensure (where these rights are enforced) that human kind is not degraded or made inhumane. Chapter IV (Sections 17-32) of the Constitution of the Federal Republic of Nigeria, 1963, had provided that:

“No person shall be subjected to torture or to inhuman degrading punishment or other treatment.”

This has been replicated in section 3 of the 1999 Constitution. Equally, Article 1 of the Universal Declaration of Human Right, 1984 declares that:

“All human beings are born free and equal in dignity and right. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” 

There is therefore a great need to protect and ensure the protection of these inherent rights and freedoms.

WHAT IS A RIGHT?

Before discussing the ways and means by which one may enforce his fundamental human rights, it is apposite to first understand the context in which “right” is used. 

‘Right’ in ordinary language means power of free action; a demand, inherent in one person and incident upon another. It is an interest recognized by law, respect for which is a duty and disregard of which is wrong. It refers to the cultural, political, social, economic advantage to which a person has just claim, either morally or in law. It is distinct from privilege.

Right described as ‘human’ refers to a category of rights which are specified and in most cases protected by law. Every human being is entitled to such rights and no person may be denied of such rights except through the due process of law. Cranston therefore holds the strong view that:

“A human right is something of which no one may be deprived without a great affront to justice. These are certain deeds which should never be invaded some things which are supremely sacred” 

Kayode Eso, JSC. (as he then was) re-affirmed the importance of human rights in RANSOME KUTI Vs. A-G OF THE FEDERATION, (1985) CLR 6(d) (SC),  when he said of human rights:

“… It is a right which stands above the ordinary laws of the land and which in fact is antecedent to the political society itself. It is a primary condition to a civilized existence… and what has been done is to have these rights enshrined in the Constitution so that the rights could be immutable to the extent of the non-immutability of the constitution itself.” 

FUNDAMENTAL RIGHTS OR FUNDAMENTAL HUMAN RIGHTS?

“Fundamental rights” are generally regarded as those aspects of human rights which have been recognized and entrenched in the constitution of a country. They are specially provided for to enhance human dignity and liberty in every modern state. In the Nigerian context, the terms “human right”, “fundamental right” and “fundamental human right” are always used interchangeably. This has been justified by a learned author who posited forcefully that:

“Human rights remain so, whether they occur in the international plane or within municipal confines and whether they are called ‘human rights’ or ‘fundamental rights’. It should be noted that the international bill of rights – the universal declaration of Human rights and the International Covenant on Civil and Political Rights- use the expression fundamental human rights, so also the U.N charter.” (the Universal Declaration of Human Rights (UDHR) of 1948). 

Since the Constitution specifically provides for fundamental rights, Nigerian Court have found it expedient to draw a line of dichotomy between ‘human rights’ and ‘fundamental rights’. Thus, in UZOUKWU & ORS Vs. EZEONU II & ORS, (1991) 6 NWLR (pt 200) p. 708, the Court of Appeal (per Nasir P. C. A) put in with apt clarity and lucidity:

“Due to the development of Constitutional law in the field, distinct difference has emerged between ‘Fundamental Right’ and ‘Human Rights’. It may be recalled that human rights were derived from and out of the wider concept of natural rights. They are rights which every civilized society must accept as belonging to each person as human being. These were termed human rights. When the United Nations made its declaration it was in respect of Human Rights which belong to all human beings irrespective of citizenship, race, religion and so on. This has now formed part of international law. Fundamental Rights remain in the realm of domestic law. They are fundamental because they have been guaranteed by the fundamental law of the country, that is by the Constitution.”   

Nature and Classification of Human Rights

Human rights are generally grouped under five sub-headings namely; Civil Rights, Political Rights, Social Rights, Economic Rights and Cultural Rights. We shall however discuss these classifications under two broad further categorization, that is:

Civil and Political Rights: these includes the right to self-determination, the right to life, freedom from torture and inhuman treatment, freedom from slavery and forced labour, the right to fair trial, right to privacy, freedom of thought conscience and religion, freedom of opinion and expression, the right of assembly, freedom of association, and movement, the right to marry and found a family, the right to participate in one’s Government either directly or through freely elected representatives, and the right to nationality and equality before the law.

Economic, Social and Cultural Rights (ECOSOC Rights) include the right to work, the right to an adequate standard of living, the right to organize, form and join trade unions, the right to social security, the right to collective bargaining, the right to property, the right to education, the right to participate in cultural life and to enjoy the benefits of scientific progress.

The importance of these rights cannot be over emphasized. So important are they that they have been universally recognized and acclaimed by the international community. The universal Declaration of Human Rights, as well as other United Nations Covenant on Human Rights, the African Charter on Human race on an equal scale as the foundation of freedom, peace and justice in the world.  

NOW THIS

HUMAN RIGHTS IN NIGERIA AND INTERNATIONAL CHARTERS AND CONVENTIONS

The emergence of human rights in documented form in Nigeria can be traced to the Nigeria Bill of Rights of 1959. This was incorporated into the 1960 Independence Constitution in 1963; these rights were reproduced 111 of the 1963 Republican Constitution. These fundamental human rights are provided for in Chapter Iv of both the 1979 and 1999 Constitutions of the Federal Republic of Nigeria with some improvements.

The reverence of these human rights can be seen from their recognition, promotion and protection under international law. Charters and Conventions have been globally drawn, and under various economic, geographical and political blocs for the promotion and protection from abuse of these rights. The United Nation (UN) has been championing the global protection of these rights as can be seen from the various chapters of the UN charter. The United Nations Declaration of Human Rights (1984) proclamation states as follows:

“This Universal Declaration of Human Rights as a common standard of achievement for all the end that every individual and every organ of society keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measure, national and international to secure observance both among people of member states themselves and among people of territories under their jurisdiction.”

Article 30 of the Charter further provides thus:

“Nothing in this Declaration may be interpreted as implying for any state group or person any right to engage in any activity or to perform any action aimed at the destruction of any of the  rights and freedoms set forth herein.”

The Declaration by its provisions sets out the minimum standard to be observed by countries of the world in relation to human rights. 

There is also the African Charter on Human and Peoples Rights which has become, in Nigeria, a potent source of quick remedy against gross violation of human rights under municipal laws which remedy could not be traced to the laws because of ouster clauses built in them. The charter has since been ratified in Nigeria as African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 1 FN 1990. The importance of the African Charter was underlined by Eniola Longe J, in the case of MOHAMMED GARUBA & ORS V. A.G OF LAGOS STATE & ORS (Unreported Suit No. ID/559/90), when he held:

“The African Charter on Human and Peoples Rights of which Nigeria is a signatory is now made into our law… Even if its aspect in our constitution is suspended or ousted by provisions of our local law, the international aspect of it cannot be unilaterally abrogated…”

AND THIS LIMITATION ON FUNDAMENTAL RIGHTS

Under section 45 of the 1999 Constitution and many constitutional expressions of fundamental rights, certain qualifications or restriction which are reasonably justifiable in a democratic society are incorporated in the interest of defence, public safety, public order, public morality or public health or for the purpose protecting the rights and freedoms of other persons. Consequently, the aforesaid rights are generally subjected to these limitations.

ENFORCEMENT OF RIGHTS

Procedure for the enforcement of the fundamental rights provisions enshrined in the constitution of the Federal Republic of Nigeria is guided and regulated by the Fundamental Rights (Enforcement Procedure) Rules 1979. It is pertinent to state here that the above rules are made pursuant to the powers conferred on the Chief Justice of Nigeria by section 46(3) of the Constitution, which provided thus:

“The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purpose of this section.” (To be continued).

THOUGHT FOR THE WEEK

“Each state, so that it does not abridge the great fundamental rights belonging, under the Constitution, to all citizens, may grant or withhold such civil rights as it pleases; all that is required is that, in this respect, its laws shall be impartial”. (Lyman Trumbull).

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