The Oracle
The Oracle: When a Nation Undermines Citizens’ Rights (Pt. 1)
Published
8 months agoon
By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
It was Ronald Reagan, the late American President who once said, “The first duty of government is to protect the lives and property of its citizens. If it fails in that duty, it has failed in everything.”
There are moments in the life of a nation when silence becomes complicity; when to remain unmoved is to be morally vacant. Nigeria, once heralded as the giant of Africa now lies crippled under the unbearable weight of insecurity, poverty, fear, hunger, and betrayal by successive leaderships. Conquered, not through foreign invasion, but by domestic abdication. Though the government has not fallen; yet governance has apparently disappeared. The State has not been overthrown; yet the citizen no longer feels safe and protected.
Not long ago, some law school students of the Yola Campus were easily abducted on their way back to school. The kidnappers demanded 10 million naira ransom for each of them. The recently released students narrated their heart- rending ordeal and trauma. Blood now appears to speak more loudly than ballots. From the north to the middle belt, across sleepy towns and forgotten villages, a grim and ghastly soundtrack has replaced the national anthem with gunfire, wailing, tears, blood, sorrow, pains, pangs, death, and then silence. In Benue State, the Yelwata massacre saw over 100 civilians slaughtered in their homes in a single night. Men were butchered; women raped; and children scattered aimlessly like leaves in the wind. Some years ago, the parents of kidnapped school children in Kaduna were ordered by abductors ( if they wanted their children to continue to be alive) to purchase and drop at a named location, food items such as rice, beans, millet, palm and vegetable oil, salt pepper, tatashe, tarodo, onions, and even garri and yams. This is not war by name, but war by every consequence. The soil of many communities across Nigeria is crimson red with the memory of lives unlived: gaping and unhealed lacerations on body and in heart. Nigeria has been virtually arrested by state captors who possess equal and occasionally more deadly power than the legitimate government. They have seized some swaps of land in Niger and Borno states, planting flags of sovereignty, collecting tax and issuing identity cards and passes to the natives.
But bullets alone are not the only weapons of war as shown by kidnappers, bandits, terrorists and other hoodlums. Hunger, a silent killer, now stalks the land with greater precision than any terrorists. In Katsina State, 652 children died from malnutrition in just six months. A death toll that should shake the heavens, but barely caused a stir among the ruling class. Nigeria is not a poor nation. It is a rich nation governed poorly, where oil flows like wine, yet millions go to bed tasting only sorrow. The minimum wage is a mockery. Dignity has become a luxury for the few. What do rights mean when a bag of rice costs more than the minimum wage? When a man cannot feed his family, his Constitution is a joke. Why do we wash our hands with spittle while living by the banks of a river?
The Nigerian Constitution in section 14 declares the people’s security and welfare as the primary duty of the government; yet that duty has been treated more like a mere campaign slogan, often mouthed during election campaigns, but never honoured in practice. Banditry spearheaded by Boko Haram has swallowed up whole states. ISWAP is no longer a distant threat; it is well organized, armed and expanding. The military bleeds in silence, with over 100 soldiers and 200 civilians lost in the past few months alone. Kidnappers no longer hide to operate, but now openly issue press statements. Terrorists now record documentaries with unveiled faces and release them to a now unshockable nation. And the people? They first hide and then vanish without a whimper.
The violence is not merely physical. It is also economic, mental, psychological and moral. A very tiny few elite cling tightly to obscene ill-gotten national wealth while the vast majority of the masses drown in scarcity and abject penury. The elite fly over the carnage in private jets while farmers are beheaded on their fields. Political leaders promise reforms, yet live like royalty. It is no longer corruption; it is organized looting and grand larceny; no longer negligence; but sanctioned abandonment. While advanced countries of the world plan for the next generation, Nigerian politicians plan for the next election.
To live in Nigeria today is to live in a state of controlled decay and fear. It is to watch one’s rights eroded, not by dictatorships, but by the very structures that were meant to defend them. The right to life, to dignity, to security, to housing and to economic survival are no longer guaranteed. They are gambles. And for many, losing that gamble means death.
This is not the collapse of a system. It is the system itself that is collapsing others. A system in which the powerful eat fat on the prayers of the desperate: where State budgets are shamelessly padded while emergency relief is rationed; where public office is longer service but with little harvest. Political leaders offer cheap speeches. But speeches alone do not stop bullets. Promises alone cannot feed the hungry. Press conferences do not resurrect the dead. Let this not be mistaken: Nigeria is not at peace. It is at war. A war waged not by foreign powers, but by a silent alliance of apathy, greed, corruption and neglect. And in this war, the casualty is not merely the body, it is the very soul of the Nigerian people.
THE CHALLENGE AND SCOPE OF INSECURITY IN NIGERIA
Having established the conceptual framework, the next task is to contextualize it within the Nigerian reality. Insecurity in Nigeria is multi-dimensional, taking forms such as political, health, economic/financial, food, educational, and social insecurity. Insecurity is simply the absence of security. However for our purposes, it is the political, physical and economic aspects of insecurity that will be the facts of this paper.
The key questions are: To what extent do these ills plague us? Are they existential? Have they always been part of our history, or have they worsened over time? The best way to examine this is to break it into its component parts, beginning with political insecurity.
Political Insecurity
Control of political power, especially at the centre, has always been fiercely contested in Nigeria, often resulting in violence and loss of life. Campaign rhetoric ahead of the 2025 general elections suggests a risk of history repeating itself, possibly in a worse form.
Political violence, starting with inflammatory speech, can quickly escalate to physical violence. This danger is compounded by ongoing insurgency from Boko Haram (now ISWAP), secessionist agitation by IPOB, politically-motivated shootings, and kidnapping for ransom. While kidnappings often have economic motives, they also feed political instability.
Economic Insecurity
Nigeria’s worsening poverty has earned it the label of the “poverty capital of the world.” This fuels political insecurity as unemployed youths are recruited by politicians for violent purposes. Economic hardship also drives vote-buying, where voters sell their ballots for minimal sums, leading to flawed electoral outcomes. This cycle is entrenched and unlikely to be broken before the 2027 elections.
Physical Insecurity
Pipeline vandalism and crude oil theft linked to economic insecurity have reached alarming levels, with allegations of involvement by security agencies. The loss in revenue forced the government to contract former militant leader Government Ekpemupolo (“Tompolo”) to help curb the menace.
Non-State Actors control territories in parts of the North-West, North-East, and North-Central, collecting taxes, issuing passes, planting flags and acting as parallel sovereign authorities. These areas are effectively beyond the reach of the Nigerian State.
The Constitutional Framework For Right to Life in Nigeria
A Constitution is not merely a collection of legal clauses. It is a nation’s vow, its solemn oath to the governed. It is the architecture of civil order, the map by which a society charts the moral boundaries of power. But when the Constitution becomes an artifact of aspiration rather than a living force of justice, it ceases to protect; it begins to mock. That is the Nigerian tragedy. For here is a nation that proclaims rights with poetic fervour, but practises repression with clinical precision.
Let us begin with the most sacred right of all the right to life, enshrined in section 33(1) of the 1999 Constitution. It declares without ambiguity that “every person has a right to life, and no one shall be deprived intentionally of his life.” This has been given judicial imprimatur and affirmed by Nigerian court, in several cases viz: Esabunor v Faweya, Ndubuisi v State, Azuogu v State. But what weight does this right carry in a country where a man may be shot by a bandit while returning from market; a child and mother killed in their home through a herder invasion; a villager executed by terrorists; no one is arrested; no one is prosecuted; no justice is served? The Constitution grants the right, yes, but the State withholds the protection. What use is a right to life in a terrain of death?
Each corpse buried without justice is a clause of the Constitution burned in effigy.
And consider Section 34(1) a guarantee that “every individual is entitled to respect for the dignity of his person.” It forbids torture, inhuman and degrading treatment. Yet across Nigeria’s vast terrain, dignity has become a vanishing dream. Men are paraded naked in front of cameras by vigilante groups; women stripped and whipped for so-called ‘moral offences’ by religious fanatics, citizens forced to pay ransoms for abducted relatives, while the State looks on, passive and paralyzed. Where is dignity when a woman has to sell her body to feed her children? Where is dignity when a man works six days a week and cannot afford bread?
The betrayal deepens when we examine section 14(2)(b), which declares- no, insists, that “the security and welfare of the people shall be the primary purpose of government.” This is not a metaphor. It is the constitutional essence of statehood. A government that fails to secure and provide for its people ceases, by legal definition, to be legitimate. Yet, in Nigeria today, security is a luxury. In Zamfara, Niger, Katsina, Plateau State and even more recently, Edo, entire communities live in fear and under the reign of warlords, bandits and terrorist groups. In the South-East, armed separatist groups extort, maim, kill and burn. In the South-South, pirates rule the creeks. And all the while, Abuja issues banal statements, not solutions. (To be continued).
Thought for the week
“Laws must be clear, precise, and uniform for all citizens” – Marquis de Lafayette
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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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