The Oracle
The Oracle: The Place of Education in a Crisis-Ridden Nigeria (Pt. 1)
Published
10 months agoon
By
Eric
By Prof Mike Ozekhome
INTRODUCTION
In the words of Robert Frost, Education is the ability to listen to almost anything without losing your temper or your self-confidence. Education, being the process of giving and receiving systematic enlightenment, could be formal or informal. It could also be in a formal setting (e.g. classes in school); or in an informal setting. Education allows for the acquisition or impacting of general knowledge, skills, the powers of reasoning and judgement. It enables intellectual development and maturity.
The online medium www.dictionary.com (https://www.dictionary.com, accessed on 1st October 2022) defines ‘education’ as “the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment and generally of preparing oneself or others intellectually for mature life; the act or process of imparting or acquiring particular knowledge or skills, as for a profession; a degree, level or kind of schooling (e.g., university education); the result produced instruction, training or study (e.g. to show ones education); the science or art of teaching; pedagogies”.
Similar definitions are contained in the Longman Online Dictionary (https://www.ldoceonline.come; Accessed on 1st October 2022), where it is rendered as “the process of teaching and learning, usually at school, college or university; the institutions and people involved with teaching”.
THE IMPORTANCE OF EDUCATION
Our ancestors and forefathers may not necessarily have received formal education in a school setting; they were nonetheless “educated” in folklores, values, ethics and deep knowledge of their environment and ways of life.
So important is education that Malcolm X once described education as “the passport to the future, for tomorrow belongs to those who prepare for it today”. Indeed, George Washington Carver saw education as “the key that unlocks the golden door to freedom”. Not only did John Dewey believed “education is not preparation for life; education is life itself”; Albert Einstein, insisted that “education is what remains after one has forgotten what one has learned in school”. Thus, Einstein, the man who once famously told us that “we cannot solve our problems with the same thinking we used when we created them”, viewed education beyond the mere knowledge acquired in schools. It is what remains with a person – the ideals, ideas, knowledge, ethos, after he forgotten what he was actually taught in school.
CRISIS – DEFINITION AND MEANING
DEFINITION
The word ‘crisis’ also does not require lengthy elaboration for our discourse. The Cambridge Online English Dictionary (https://dictionary.cambridge.org) defines it as “a time of great disagreement, confusion or suffering; an extremely difficult or dangerous point in a situation; a moment during a serious illness when there is the possibility of suddenly getting better or worse”.
WHAT CRISIS CONNOTES
Crisis represents intense distress, pain, difficulty or danger, a time when a difficult or important decision must be made. A crisis is a difficult or dangerous time in which a solution is needed, and very quickly too. Synonyms of crisis are emergency, exigency, pinch, strict juncture, etc.
It is suffice therefore to assume that education still exists in Nigeria, albeit in a crisis-ridden environment. How does it fare in these trying times that actually try men’s souls? That is our duty to unravel in this article. But, first, a little history.
A SHORT HISTORY OF EDUCATION IN NIGERIA
According to an online source, afribary.com (https://afribary.com/works/the-history-education-of-nigeria-5180 Accessed on 5th October, 2022.), “Before the British arrived in the early nineteenth century, there were two major types of education in Nigeria. In the Islamic North, education was strictly religious in nature. In each Muslim community, a mallam drilled children as young as five years old in the teachings of the Qur’an and the Arabic alphabet. During the colonial era, larger cities set up more expansive Islamic schools that included subjects such as math and science. In 1913, these Islamic schools, almost all in the north, numbered 19,073 and enrolled 143, 312 students. In the 1970s the government took control of the Islamic schools, but in the 1990s, the schools were allowed to operate independently again.
The indigenous system was the second type of education before the British occupation. Students were taught the practical skills needed to function successfully in traditional society. Usually children within two or three years of age belonged to an age-group. Together, they learned the customs of their community and were assigned specific duties around the village, such as sweeping lanes or clearing brush. As the children grew older, the boys were introduced to farming and more specialized work, such as wood carving or drumming. Girls would learn farming and domestic skills. Boys would often enter into apprenticeship-type relationships with master craftsmen.
Even in the twenty-first century, this kind of education is common. Formal, Western-type of education was introduced by British missionaries in the 1840s. The Anglican Church Missionary Society (CMS) started several schools in the mid-1800s. The colonial government gave the church financial aid, but in the early twentieth century the government began building primary and secondary schools. By the time the British combined the northern and southern regions into one colony in 1914, a total of 11 secondary schools were in operation, all but 1 run by missionaries. There were also 91 mission and 59 government elementary schools. Nigeria has made considerable progress in the domain of education. The education system in the country is supervised by the state. There are 27 federal and state-owned polytechnics in Nigeria. The first 6 years of primary education are mandatory in Nigeria.”
EDUCATION AND DEVELOPMENT
An exposition of the role education can play in addressing the many challenges plaguing the Nigerian Nation implies that the education sector is properly positioned, or is, itself, crises-free, and thus, able to perform that function of addressing the problems. This cannot but be so, because, as we say in law, nemo dat quod non habet- you cannot give what you do not have. Accordingly, the pre-eminent question is: what is the status of education in Nigeria? Is it, itself, crisis-free? Can it be an enabler of the solutions to the myriad of problems besetting us? Alas, I am afraid, the answer is a firm ‘No’. The reasons are not far-fetched or hard to decipher. We shall examine them anon. Suffice it to say that any serious discussion of the place of education in a crisis-ridden Nigeria, must start by addressing the systemic crisis in the education sector itself.
BEFORE THE CRISIS AND CHALLENGES IN THE EDUCATIONAL SECTOR
In this regard, it is no exaggeration that the 9-month long (and still counting) of industrial action by University lecturers (ASUU) is but symptomatic of the crisis which has been plaguing our educational sector for at least the past 40 years. From a time since political independence in 1960 to about two decades afterwards, Nigerian education – with the benefit of hindsight – never had it better. Teachers were well-trained and motivated. School environments were clean and well kept. Educational institutions were better funded and equipped; and students were, on the whole better behaved and disciplined. Industrial actions by staff were relatively rare. The school handbook which showed dates of resumption of schools, holidays, examinations and ends of sessions were religiously kept.
The yawning mismatch between the excellence of products of Nigerian education institutions and the then decent environment which produced them has been well-documented.
SOME OF THE IDENTIFIED PROBLEMS
OUT-DATED CURRICULAR AND INFRASTRUCTURAL DECAY: LACK OF QUALITY EDUCATION
One of Nigeria’s most pressing educational issues is the lack of access to quality education. Whether it’s about college essay writers or any other field, it always ends up the same. Because of this, Nigeria is trailing behind other African countries due to innovation, growth, prosperity, and access to information. Many a time, Nigerian universities and students use obsolete and out-of-date textbooks and lab equipment. It is sad to observe that as against nations, including South Africa, Germany, Canada, the United States, France, and the United Kingdom, most Nigerian instructors are actually illiterate on ICT matters. They lag behind their global school compatriots, even on publications and journals.
TOTAL NEGLECT OF SCHOOLS
Total neglect by the government has led to the demise of many schools in the last 4 decades. Our academic institutions are in utter disrepair. Students who graduate from them aren’t given the skills they need to compete globally. Many institutions lack basic science equipment, while those that pretend to have, are still using outdated ones. Students are thus solely exposed to the mere academic aspects of their course of studies rather than the hands-on activities.
DEARTH OF QUALIFIED TEACHERS
Aside the hydra-headed technical difficulties most of the universities are also in crises because they only rely on foreign and government subventions, for sedans and upkeep. They now troop abroad for better salaries. Online education in sub Saharan Africa is also affected because professors who could have stayed back to teach online programs now live abroad. Yet, the population number of students keeps growing hugely day by day (Adeyinka, 2013). In Nigeria, for instance, we have many online universities, but no qualified teachers are available to efficiently teach the courses.
Notes (Adeyinka, 2002), it is interesting to note that a few decades after the publication of the Phelps-Stokes and Advisory Committee Reports, particularly after World War II, slight adjustments were made in schools’ curriculum which was slightly oriented towards African life. But the progress in this direction was not remarkable, for as late as the 1960s, education in African schools, particularly in Nigerian Universities, was still “too literary, not practical, not adapted to the needs of a developing agricultural nation,” (Adeyinka, 2002). The strong words of Ajayi and Obidi (2005).
TEACHERS’ POOR WORKING CONDITIONS
The poor working conditions, poor remuneration and allowances teachers are subjected to have discouraged capable and qualified teachers from taking up teaching jobs. Many of them apply for other better paying jobs, even as drivers, while some migrate abroad in drones. This leads to low level of dedication as they are always on the lookout for greener pastures.
INSUFFICIENT FUNDING BY GOVERNMENT
Financing is the most pressing issue in the educational industry. Not just in Nigeria, but globally. It discourages educators and students to fight for grades. Nigeria’s education budget is greatly meagre and much lower than the 26% recommended by the United Nations. Education has become one particularly difficult industry to navigate. The educational sector, which has a greater impact on society, does not receive the type of attention due to it. The 2022 budget for education which stands at 5.4% of the total budget has been faulted by UNICEF ought to have been N1.14 trillion naira, representing 8.4%. With a miserly 470 billion just proposed for universities and other tertiary institutions in the 2023 budget, the sector is in more dire strain. To be continued).
THOUGHT FOR THE WEEK
“The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education”. (Martin Luther King, Jr).
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The Oracle
The Oracle: Enforcement of Fundamental Human Rights Under the 1999 Constitution of Nigeria (Pt. 4)
Published
1 month agoon
May 22, 2026By
Eric
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 agoon
May 15, 2026By
Eric
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 agoon
May 1, 2026By
Eric
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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