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The Oracle

Has Democracy Led to Good Governance for Nigerians? (Pt. 2)

Published

11 months ago

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By Prof Mike Ozekhome SAN

INTRODUCTION

In the maiden edition of this treatise, we explored the concept of democracy, its historical evolution in Nigeria and its promise in terms of good governance. This sophomore edition continues the theme of good governance as the goal of democracy, focusing on inclusiveness/responsiveness; the rule of law and related concepts. Enjoy.

DEMOCRACY AND THE PROMISE OF GOOD GOVERNANCE

Literally, good governance simply means good government or good leadership. To appreciate the concept of good governance, it will be better to start with knowing what governance implies. The term, governance, is a very versatile one with different meanings. It is simply used to refer to the way in which a government discharges its duties and obligations. Governance is seen as the process of steering state and society towards the realization of collective goals.
Joseph E. Stiglitz in his book Globalization and Its Discontents says Good governance is characterized by an accountable, transparent, and inclusive decision-making process, which ensures equitable outcomes and sustainable economic and social development (Joseph E. Stiglitz, ‘Globalization and Its Discontents’ (2003).).

Dahl, Robert A. in his book Democracy and Its Critics opines that Good governance requires that political processes are inclusive, ensuring that citizens have the ability to participate in meaningful ways (Robert A. Dahl, ‘ DEMOCRACY AND ITS CRITICS’ New Haven:Yale University Press. 1989.). A democratic process where citizens’ views and rights are respected and protected by law. In 2001, Thandika Mkandawire in Thinking about Governance: The Case of Africa. Mkandawire stated that Good governance in Africa should be seen in terms of both the legitimacy of political systems and the capacity of states to perform. It entails strong institutions that ensure political stability, social equity, and the effective delivery of public services to meet the needs of the population.

Chinua Achebe explains that Good governance in Africa is founded upon a commitment to justice, integrity, and respect for the dignity of every individual (Dallas Baptist University, ‘Chinua Achebe on The Purpose and Values of Things Fall Apart’ <https://www.dbu.edu/mitchell/post-colonial-resources/achebequ.html> accessed on the 6th of March, 2025.). It requires a government that listens to its people, is responsive to their needs, and operates with transparency and accountability.

The concept of good governance is neither new nor novel; it has existed since the dawn of human civilization. In simple terms, governance, refers to the process of decision-making and the subsequent implementation (or lack thereof) of those decisions. Governance has been described as an approach or perspective that examines the relationship between state and societal institutions, as well as how rules are created and accepted as legitimate in society to promote values that individuals and groups seek. It is also linked to the foundational values and constitutional policies that define governing institutions, guide their actions, and shape the complex relationships between these institutions and society. Public management based on good governance principles aims to improve the system of government by emphasizing efficiency, responsibility across institutions, promoting democratic principles, and establishing a new relationship between government and civil society.

According to Downer, good governance is the process by which public institutions manage public affairs, oversee resources, and ensure the realization of human rights (Downer A. ‘Good Governance: Guiding Principle for Implementation’ Australia: Ministry for Foreign Affairs (2001).). This process is carried out with minimal corruption and abuse, respecting the rule of law. The true measure of good governance, based on the above definitions, lies in its ability to fulfill the promise of human rights, civil, cultural, economic, political, and social rights. The UN Human Development Report identifies two aspects of governance: leadership, which is responsible for effective governmental organizations, and the governed, or citizens, who must contribute to the socio-economic and political affairs of society (Lisa-Maria Glass and Jens Newig, ‘Governance for achieving the Sustainable Development Goals: How important are participation, policy coherence, reflexivity, adaptation and democratic institutions?’ Earth System Governance (2019) 2.). Essentially, governance is the relationship between rulers and the ruled, the state and society, governors, and the governed. For legitimacy, accountability, credibility, and responsiveness to be achieved, it is crucial for both sides of this relationship to be closely aligned, ensuring that the rulers remain accountable and the citizens actively engage without corruption.

An important dynamic in governance is the change that often occurs within the system. For example, laws that regulate behaviour or activities may change over time. However, when these changes happen too frequently without thorough evaluation, instability can arise, potentially disrupting operations. Governance can vary significantly from country to country. Despite similarities in natural resources and social structures, countries may show differing results in improving their citizens’ welfare, largely due to governance standards. In countries where corruption, poor management of public funds, lack of accountability, human rights abuses, and excessive military influence prevail, development tends to be hindered.

IMPORTANCE OF GOOD GOVERNANCE

– Efficient processes – due to their routine repeats in the process and consistency of tasks, it has brought huge attachment to its relevance to the public sector.
– Visibility of errors – the routines of events and the consistency as it quickens and highlights nonconformities in the process.
– Reduction in costs – It eliminates wastages from scrap, rework, and other non-value added processes.
– Smooth running process.
– Financial sustainability.
– Clarity
– Reputation

The essence of good governance lies in the principles of accountability, transparency, responsiveness, inclusiveness, and the rule of law. For democracy to lead to good governance, it must ensure that these principles are realized. In the Nigerian context, there have been notable improvements in some areas, but there have also been persistent problems that undermine the potential of democracy to deliver good governance.

1. Accountability and Transparency
Accountability is where an individual or organization is responsible for their actions and decisions. Cambridge Dictionary describes accountability as “the fact of being responsible for what you do and able to explain it when asked.”

The Macmillan Dictionary defines accountability as “the fact of being responsible for what you do and for the results of your actions.” In essence, accountability involves being answerable for one’s actions and ensuring that there is transparency and responsibility in fulfilling duties or obligations.
One of the primary tenets of democracy is accountability, where elected officials are answerable to the electorate for their actions. In theory, democracy should allow citizens to hold their leaders accountable through elections and other democratic processes such as civil society activism and the media. In Nigeria, elections have been held regularly, and power has been transferred peacefully between governments.

However, the reality is that electoral processes are often marred by irregularities, fraud, and manipulation. The Independent National Electoral Commission (INEC), tasked with overseeing elections, has been criticized for not adequately addressing voter fraud, ballot stuffing, and vote buying, which have eroded public trust in the electoral system. (Olusola, S. ‘Electoral Integrity and Governance in Nigeria’ African Political Review (2018) 24(2)).

There is a broad agreement that “transparency” is closely tied to the right to know and the public’s access to information. The Cambridge Online Dictionary defines transparency as “the quality of being easy to see through,” “the practice of being open and without secrets,” and “a situation where business and financial activities are conducted openly, ensuring fairness and honesty.” Similarly, the Macmillan Online Dictionary describes it as “the state of being clear enough to see through” and “a straightforward approach that allows others to understand exactly what is being done.” Transparency is a key measure of governance effectiveness and impact, emphasizing openness, honesty, and clarity. “Good governance” encompasses several key attributes: it is participatory, consensus-driven, accountable, transparent, responsive, effective, efficient, equitable, inclusive, and adheres to the rule of law. It ensures the minimization of corruption, considers minority views, and ensures that the voices of society’s most vulnerable are heard in the decision-making process.

There are mainly two types of transparency. The first is proactive transparency, which involves publishing information of public importance before the public demands it. This approach is based on the belief that all information of public significance belongs to the public and is only held by governmental bodies. It asserts the public’s general right to know, and proactive transparency serves as a mechanism for exercising that right. This concept is supported by public administration theorists and international organizations, such as the World Bank. The second type is reactive transparency, which also concerns the public’s right to know, but is carried out in response to popular demand. The goal of achieving full transparency stems from the belief that democracy is rule by the people and that elected representatives are temporary agents who are accountable to the citizens. Defined this way, reactive transparency requires public authorities to ensure that citizens are given equal access to information as decision-makers and to share information with the public at the same time as it is shared within the administration. For public administration to respond efficiently and professionally to citizens’ needs and provide quality public services according to the principles of “good governance,” it is crucial to increase transparency and improve ethical standards. A government that is open and accessible is more likely to be transparent. This realization has led to a global movement for more openness in government operations. Michael Johnston defines transparency as the “capacity of outsiders to obtain valid and timely information about the activities of government or private organizations.” He further notes that the enactment of the Freedom of Information Act in the United States in 1966, which provided limited guarantees of citizen access to government information, was a milestone in transparency. This model has been adopted in other countries. Democratic and market reforms, along with the growing anti-corruption movement, have significantly contributed to the establishment of transparency as a key governance concept.

Transparent political processes are viewed as more accountable and democratic, while transparency in the economy facilitates free-market operations. In both contexts, rights to access information and the corresponding obligations of institutions to uphold those rights are considered safeguards against abuses and vital components of good governance. Transparency is seen as essential to various political goals, such as combating corruption, ensuring fair election financing, enhancing democracy, strengthening democratic institutions in transitional societies, and reducing international conflicts. Despite significant changes in Nigeria’s federal structure over time, the country still faces challenges related to transparency and accountability. Power in Nigeria is concentrated within the executive branch, led by the President and his Ministers, and party discipline often means minimal legislative opposition to government policies. The lack of transparency and accountability has undermined the legitimacy of the government. In Nigeria, the need to enhance transparency and accountability in intergovernmental relations is especially urgent due to widespread corruption and the lack of adequate checks on the powers of officials. Transparency is closely linked with accountability and other fundamental principles of modern democratic societies, such as open justice, open government, freedom of information, and public consultation. (To be continued).

THOUGHT FOR THE WEEK

“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation”. – Atifete Jahjaga

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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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