The Oracle

The Oracle: Presidential Falling and Failing: Any Link?

Published

2 years ago

June 14, 2024

Eric

By Mike Ozekhome

INTRODUCTION

The unfortunate misstep and subsequent fall of President Bola Ahmed Tinubu during this year’s Democracy Day celebrations (which he has since humorously dismissed as a form of Yoruba “dobale” -genuflection)-quickly swirled around and became the stuff of internet gossip and street-corner small-talk. Reactions varied widely but, many tended to make light of it, while others (the usual suspects?) saw it as evidence of the President’s physical incapacity to cope with the tedious demands of his office. Political opportunism also set in, with yet others seeing the mishap as an “I-told you-so moment”, openly voicing their belief that the President’s main opponents in the last election – Atiku Abubakar and Peter Obi (particularly the latter) – would not have suffered that fate, given their presumed better physical fitness.

Some of these remarks were, undoubtedly, uncharitable – especially in the lead-up to the Muslim festival of Id-el-Adha (or Sallah) just a few days away. President Tinubu is, of course, a Muslim. As a fellow human being, he deserves our sympathy and prayers for sound health – an indispensable requirement for the rigours of that job, popularly believed to be one of the most demanding and powerful in the world. With power surely comes huge responsibility and citizens’ expectations for performance.

Whether the President scores a pass mark or not in terms of job approval rating is for history (or posterity) to judge. One year is certainly too short to make the conclusion that he has failed. So, let us collectively hold our fire and bid our time. But even at that, no one can deny the fact that Nigerians are in theirs worst years, dying of hunger, squalor and wretchedness. The middle class has been wiped out with less than one percent of state captors enjoying national largesse. Perhaps, the second year in office would be a more appropriate time to assess him to determine whether the IMF and World Bank-induced economic policies will boost production, create jobs, bring down prices and alleviate the suffering of the Nigerian masses. Suffice it to say that to me, it is yet still early in the day and the jury is still out.

This is all the more so, in my opinion, because, history is replete with world leaders who put a physical foot (or both feet) wrong (some more than once) and got up, dusted themselves and forged ahead, stamping their feet (pun intended!) on the sands of time, leaving indelible footprints and track records of achievement and performance on the job and in history. The following are a few examples:

I. President Joe Biden: He has famously stumbled on the steps of Air-Force One on at least three occasions, getting back on his feet each time, unassisted and moving on. He is 81 and warming up to run for a second term against maverick Donald Trump.

II. Former President Gerald Ford: One of the most accident-prone world leaders ever, dead or alive, was former US President Gerald Ford. His catalogue of falls spanned virtually every surface, including aircraft steps (again!) while on a visit to Austria in 1975 when his bum knee gave way. He even fell on the stairs of the White House. Though the official reason for this was a bad knee gave way, this did not stop cynics from tagging him as something of a bumbling klutz! Yet, Ford is remembered for managing the worst economy in the four decades after the great depression augmented by spiraling inflation and recession.

III. Ronald Reagan: Yet another former American President, he also endured a similar indignity in 1984 in Seattle, Washington. Luckily for him, it was not captured on video and only still images thereof exist of his so-called pratfall. But he went on to impact on America with his Reaganomics, overhauling the income tax code exempted millions of low income earners. His charm, eloquence and courage after the assassination attempt on him remarkably revived America’s pride in the presidency and the nation.

IV. Barack Obama: This first black American President whose grandfather was a Kenyan cattle rearer also came a-cropper when, sometime in 2015, his trademark sprightly confident jaunt failed him while disembarking from Air Force One. He ended up in a heap, needing no less than 12 stitches to his hip.

V. Hillary Clinton: While the husband of the former First Lady was dodged more by salacious ex-marital stories than physical falls, his wife probably took ‘the Fall’ (pun intended!) when, as Secretary of State to former President Obama, she stumbled while on her way to her car at the State Department, fracturing her elbow in the process.

VI. Robert Mugabe: Sometime in 2015, the former Zimbabwean President Mugabe was famously captured prostrate on a red carpet following a fall at a public event.
VII. Margaret Thatcher: Britain’s first female Prime Minister ( “iron lady” ) also came ‘crashing down’ sometime in 1982 while on a trip to China, as she made her way out of a Town Hall (no pun intended!).

VIII. Thorning-Schmidt: Also in 2015, the then Prime Minister of Denmark (also female) lost her footing and landed on her knees as she disembarked the stairs of the Elysee Palace in Paris, France.

IX. Xi Jinping: the incumbent President of China, came close to falling down during the International Economic Forum in St. Petersburg in Russia in 2019, but for eagle-eyed aides who stepped in at the last moment.

X. Boris Johnson: Another former British Prime Minister, he also lost his balance when he tripped and fell during a military commemorative event in 2015.

XI. Vladimir Putin: Russia’s long-reigning president also fell during a game of ice hockey in Moscow in 2019 when he (ironically) tried to applaud spectators.
Even former Vice President Mike Pence tripped while running up the steps of Airforce One in a remarkably similar circumstances as President Joe Biden. In July, 2023, Fiji Prime Minister, Sitiveni Rabuka, was forced to cancel an official visit to China after falling and hurting his head.
The foregoing shows that President Tinubu is in good company when it comes to presidential falls and that, as stated by a famous sage, it is not falling that matters, but rising each time you fall. However, beyond merely getting up and forging ahead, it is the kind of legacy one lives behind – what one will be remembered for-that counts. Therefore, let us all collectively and individually join hands in the spirit of goodwill echoed by the words of our old (now new) national anthem, in wishing the President a successful (and accident-free!) tenure. We cannot afford for him to fall and fail because we shall be the worse for it and bear the brunt together. The circumstances of his fall, are, however, reminders of the labors of our heroes past (a verse from our now discarded national anthem!) – this time the presumed winner of the June 1993 President, Chief M.K.O. Abiola, who was matyred in redemptive messiahnism.
In this connection, I commend former President Muhammadu Buhari (as I did in 2018,even though he was not my idea of a good president) for ensuring that the National Assembly passed the requisite law, by which June 12 of every year ( rather than May 29) is marked as a public holiday. I recall my remarks on this issue 6 years ago, on the passage of that law, when I observed as follows;

“On June 12, 2014, I moved a motion at the National Conference that, not only should June 12 be declared a national holiday and the real Democracy day, but that Chief M.K.O. Abiola and all the souls of the faithful departed of those who gallantly lost their lives fighting for the realization of June 12, be remembered and immortalized. I demanded for one minute’s silence for those heroes. The leadership of the Conference led by Justice Idris Legbo Kutigi agreed with me and a minute silence was accordingly observed. To me, it is not the right argument that PMB, did it for political reasons. Yes, he may very well have done it to shore up his battered political image and fast dwindling democratic credentials. But, the inescapable fact is that he has done the right thing for which history will remember him. This is the more reason, I believe the argument should now go, why he should retire quietly to his Daura home, having done one great thing for which he would be remembered.” (See https//:diplomaticwatch.com,june-12-as-nigeria’s-democracy-day-president-buhari-has-done-the-right-thing-for-which-hhistory-will-rremember-him-ozekhomee-san, June 8,2012).

LESSONS OF JUNE 2012

I believe that the best way President Tinubu can demonstrate that he has learned the lesson of the tragic events in our national history which that day represents is captured in my advice a year ago. As they it still very pertinent, I would like to reiterate it here:

“What this present government led by President Bola Tinubu should borrow from the June 12 lesson, is good governance of peoples’ policy and not anti-people’s that will further impoverish the already beleaguered people, who are already prostrate on their bellies. Policies that will make life better for the people. But, most importantly, Tinubu must listen to this, even if it is few things he can do. He must take steps to give Nigerians, a peoples’ Constitution, people-driven Constitution made by the people themselves, subjected to a referendum. You cannot amend the present Constitution which is a schedule actually attached to Decree 24 of 1999. It’s a militarily imposed Constitution. No amount of amendment can cure it of its original sin for being made by the military and not by Nigerian people. Even the preamble that says we the peoples of Nigeria do hereby give to ourselves the following Constitutions tells a lie about itself. Therefore, Tinubu must take deliberate steps, to ensure that the Constitution drafting committee, through a constituent assembly of the people, is established and the product that will emerge from it will give Nigeria a true federal system, not the present unitary system where the Federal government controls 67 items on the exclusive legislative list up to how you conduct your marriage through the marriage Act. Until he (Tinubu) makes a people’s Constitution subjected to referendum which will enjoy peoples’ legitimacy as was done in Iraq, Iran, Eritrea, South Africa, Egypt, Tunisia, Kenya,until he takes that deliberate step, Nigeria will continue to suffer of perpetual motion on its axis without progress.” (see https://www.naijanews.com/2023/06/12/democracy-day-what-tinubu-govt-should-borrow-from-june-12-lesson-ozekhome, 12th June,2023). It is clear to me therefore that there is no nexus between the falling of a President and his failure or success. We have all, at one point in time or the other tripped and fallen. It has nothing to do with age-whether old or young. It is just a natural phenomenon to lose balance and fall. Isaac Newton’s Law of Motion regarding gravitational force teaches us that much. It is therefore unhelpful to make a big issue of Tinubu’s misstep and fall on June 12, Democracy Day. Given the excruciatingly difficult times we are in, we appear to have completely lost our decency, humanity and sense of empathy, care and affection one for the other. It does not matter whether it is the President or the common man. We must desist from this ungodly trajectory and allow our religious teachings temper our political cravings for blood and vendetta with Godliness. God bless Nigeria.

The Oracle

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

Published

21 hours ago

May 1, 2026

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).

The Oracle

The Oracle: Human Rights: Our Everyday Essentials (Pt. 3)

Published

1 week ago

April 24, 2026

Eric

By Prof Mike Ozekhome SAN

INTRODUCTION

The last installment of this treatise dealt with human rights vis-à-vis the Nigerian legal system focusing on its challenges as well as civic responsibility and the power of citizen action. This week, I shall make some recommendations for advancing the cause of human rights both globally and locally. Read along.

RECOMMENDATIONS FOR ADVANCING HUMAN RIGHTS GLOBALLY AND LOCALLY

To make human rights truly universal and effective, bold reforms and consistent actions are needed at multiple levels from international institutions and national governments to grassroots communities. While the Nigerian case offers a powerful lens through which to explore these challenges, the recommendations that follow apply broadly across nations, particularly in the Global South, where rights are often written into law but not always realized in daily life.

1. Constitutional and Legal Reforms

Globally, many constitutions contain robust declarations of rights. However, a major gap persists between civil-political rights (like voting or freedom of speech) and economic, social, and cultural rights (like access to healthcare or education). Countries should work toward constitutional and legislative reforms that make these socioeconomic rights justiciable that is, enforceable in courts. In places like South Africa and Kenya, courts have already ruled in favour of health and housing as legal rights. More nations must follow suit.

In Nigeria, this means amending Chapter II of the 1999 Constitution to give full legal weight to the right to education, food, and shelter rights which are currently considered non-binding policy goals.

2. Strengthening Independent Institutions

The protection of rights depends heavily on independent institutions courts, ombudsmen, electoral commissions, and national human rights commissions. These bodies must be free from political interference, well-funded, and given real enforcement powers. The National Human Rights Commission of Nigeria, for example, should not merely issue reports but have powers to prosecute or initiate actions against violators, similar to mechanisms in Ghana, South Africa, and Canada.

3. Global Solidarity and Enforcement

International human rights bodies such as the UN Human Rights Council, African Commission on Human and Peoples’ Rights, and International Criminal Court (ICC) must play a firmer role in holding governments accountable. Universal Periodic Reviews (UPR), treaty body reports, and sanctions against violators must be used consistently not selectively. Global responses to conflicts in Syria, Sudan, Palestine, and Ukraine demonstrate that political interests often distort enforcement. A truly just world must prioritize humanity over geopolitics.

4. Civic Education and Democratic Participation

At both global and national levels, citizens must be educated to recognize, claim, and defend their rights. Civic education must be mainstreamed in schools and public discourse not as propaganda, but as empowerment. Citizens across Africa, Asia, and Latin America have often led the charge against injustice, from the Arab Spring to Nigeria’s #EndSARS movement. These efforts must be sustained by informed participation in elections, peaceful protest, and legal action.

5. Technology, Access, and Digital Rights

In our digital age, human rights must evolve to include the right to digital freedom, data privacy, and access to the internet. In countries like Iran, China, and even democratic settings, internet shutdowns and surveillance have been used to silence dissent. Legal frameworks must protect citizens’ online freedoms while also holding tech companies accountable for hate speech, misinformation, and algorithmic discrimination.

6. Economic Justice and Inclusion

Finally, poverty remains the greatest threat to human rights globally. Over 700 million people worldwide still live in extreme poverty, according to the World Bank. Human rights advocacy must align with inclusive economic policies fair taxation, anti-corruption, social safety nets, and access to basic services. Without these, freedom of expression means little to someone without food or shelter.

CONCLUSION

Human rights are not just international ideals. They are the soul of our everyday existence. They define how we speak, worship, live, and die and the late South African President, Nelson Rolihlahla Mandela would say: “I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die”. For every child kept out of school, every woman denied justice, every protester silenced, and every poor person ignored, a part of our shared humanity is lost.

Nigeria diverse, dynamic, and determined has all it takes to be a beacon of rights in Africa. But it must close the gap between law and life, between words and will. Our constitution, treaties, and institutions must reflect not just power, but compassion.

We are all stakeholders in the human rights movement lawyers and teachers, market women and tech founders, students and traditional leaders. A just society begins not in distant courts, but in the decisions we make daily: to speak up, to listen and to treat each person with dignity.

Human rights are not extras. They are essentials. And they are not the work of others, they are the work of us all. (The end).

THOUGHTS FOR THE WEEK

“To deny people their human rights is to challenge their very humanity”. – Nelson Mandela.

“Human rights are not a privilege granted by the few, they are a liberty entitled to all, and human rights, by definition, include the rights of all humans, those in the dawn of life, the dusk of life, or the shadows of life”. – Kay Granger.

The Oracle

The Oracle: Human Rights: Our Everyday Essential Pt.2

Published

2 weeks ago

April 17, 2026

Eric

By Prof Ozekhome SAN

INTRODUCTION

The inaugural installment of this piece was necessarily foundational. It examined the origins and evolution of human rights, followed by an analysis of Nigeria and the global human rights crisis. Today, we shall access human rights under the Nigerian legal system and its challenges. We shall also consider the role of civic responsibility and the power of civic action in the realization and enforcement of human rights. Enjoy.

HUMAN RIGHTS AND THE NIGERIAN LEGAL SYSTEM: LAW, COURTS, AND CHALLENGES

In any democracy, the law is the last line of defense for human dignity. In Nigeria, this role is legally assigned to the Constitution, the courts, and the justice system at large. Yet, the relationship between human rights and the Nigerian legal system is marked by both promise and paradox. While the law outlines strong rights protections, enforcement is often undermined by weak institutions, executive interference, corruption, and limited access to justice for ordinary citizens.

At the heart of Nigeria’s legal structure is the 1999 Constitution, which dedicates Chapter IV to Fundamental Human Rights. These include the right to life (Section 33), dignity (Section 34), personal liberty (Section 35), fair hearing (Section 36), private life (Section 37), freedom of expression (Section 39), and movement (Section 41), among others. These provisions, in theory, place Nigeria in alignment with international human rights standards.

Nigeria is also a party to several key international and regional human rights treaties, such as the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT). Under Section 12 of the Constitution, however, no international treaty is binding unless it is domesticated by the National Assembly ((1) No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly).

This creates a gap between Nigeria’s global commitments and local enforcement.
The judiciary plays a critical role in interpreting and enforcing these rights. The Nigerian court system, headed by the Supreme Court, has constitutional authority to safeguard rights and check executive overreach. In several landmark cases, the courts have acted to affirm the rule of law. One example is the case of ABACHA & ORS v. FAWEHINMI ((2000) LPELR-14(SC)) where the supreme court of Nigeria opined as follows:

“Suffice it to say that an international treaty entered into by the government of Nigeria does not become binding until enacted into law by the National Assembly. See Section 12(1) of the 1979 Constitution which provides: “12(1) No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly (AFRC).”
Another important case is ABACHA v. STATE ((2002) LPELR-15(SC).), where the supreme court yet again Per SAMSON ODEMWINGIE UWAIFO, JSC submitted thus:

“…It must be made quite clear that everyone is entitled to be offered access to good medical care whether he is being tried for a crime or had been convicted or simply in detention. When in detention or custody, the responsibility of affording him access to proper medical facility rests with those in whose custody he is, invariably the Authorities.”

Similarly, in Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708 ), the Court of Appeal laid down the test for determining violations of fundamental rights, giving legal clarity to human rights litigation in Nigeria.

Despite these rulings, the effectiveness of the courts in protecting rights remains uneven. One major challenge is executive non-compliance with court orders.
Corruption also plagues the system.

According to a 2017 report by the United Nations Office on Drugs and Crime (UNODC) and Nigeria’s National Bureau of Statistics, the judiciary ranked among the institutions most prone to bribery (UNODC, ‘Corruption in Nigeria Bribery: public experience and response’ <https://www.unodc.org/documents/data-and-analysis/Crime-statistics/Nigeria/Corruption_Nigeria_2017_07_31_web.pdf> Accessed on the 4th of December, 2025.). Delay in trials, frequent adjournments, and politicized judgement further weaken the system’s credibility.

Access to justice is another major concern. Many Nigerians, especially in rural areas, cannot afford legal representation. Although the Legal Aid Council of Nigeria (LACoN) was established to provide free legal services to indigent citizens, it is grossly underfunded and lacks reach. As a result, many rights violations go unchallenged, particularly for the poor, women, and detainees.

Even when legal provisions exist, enforcement agencies such as the Nigeria Police Force, Nigerian Correctional Service, and other security bodies often lack human rights training and operate with impunity. The #EndSARS Judicial Panels of Inquiry revealed systemic abuses by law enforcement, including illegal arrests, torture, and extrajudicial killings (Bonnievolo E Ecoma, ‘A post-mortem assessment of the #EndSARS protest and police brutality in Nigeria’ (2023) AFRICAN HUMAN RIGHTS LAW JOURNAL 23.).

Although recommendations were submitted, implementation has been weak, and few officers have been held accountable.

Nevertheless, there are signs of progress. Public interest litigation is increasing, driven by civil society organizations such as SERAP, Access to Justice, and the Human Rights Advancement and Development Centre (HURILAWS). More lawyers are offering pro bono services, and digital tools are emerging to track rights violations.
In summary, Nigeria’s legal system contains many of the right tools on paper to protect human rights. However, institutional weakness, political interference, and limited access continue to undermine enforcement. For the courts to truly defend citizens’ rights, judicial independence must be strengthened, corruption rooted out, and access to legal remedies expanded. The law must not only speak, it must work.

CIVIC RESPONSIBILITY AND THE POWER OF CITIZEN ACTION

The idea of human rights often evokes images of courtrooms, politicians, and legal documents. Yet, history shows that the most profound human rights transformations have been sparked not in parliaments, but in public squares, classrooms, social movements, and the daily courage of ordinary people. While laws can protect rights, only citizens can enforce their spirit through vigilance, advocacy, and civic participation.

In Nigeria, civic responsibility, the active participation of citizens in public life has always been a force for change. From the anti-colonial resistance led by nationalists like Nnamdi Azikiwe, Obafemi Awolowo, and Funmilayo Ransome-Kuti, to modern day protests and community actions, Nigerians have continually demonstrated that the power to shape a just society lies in the hands of its people.

A defining moment in Nigeria’s contemporary civic movement was the #EndSARS protest of 20th October, 2020 (Silas Udenze, ‘Though Episodic: The Retrospective-Prospective Nigeria’s EndSARS Protest Anniversaries and Its Peculiarities’ (2025) Sage Journals 60 (3).). Sparked by years of (SARS), Nigerian youths took to the streets in a coordinated, peaceful movement. It was spontaneous, decentralized, and largely organized through social media (ibid). The protest became a symbol of democratic expression, civic courage, and youth led advocacy. Though it was met with repression including the tragic Lekki Toll Gate shooting it awakened a generation to the reality that rights are not guaranteed unless they are defended (ibid).

This awakening unveils a vital truth: citizens are not passive beneficiaries of human rights, they are its primary defenders. A vigilant population, one that knows its rights and demands accountability, becomes the most effective check on power. Yet civic responsibility is not just about protests. It includes voting, holding public officials accountable, reporting abuses, teaching others, volunteering, and refusing to normalize injustice.

Unfortunately, civic engagement in Nigeria is constrained by several factors. Fear of retaliation, misinformation, poverty, and lack of civic education have discouraged many from active participation. According to the Independent National Electoral Commission (INEC), over 93 million Nigerians registered to vote in 2023, yet actual turnout was barely 27% (Adebayo Folorunsho-Francis, ‘2023 voter turnout hits 44-year-low, drops to 27%’ Punch News <https://punchng.com/2023-voter-turnout-hits-44-year-low-drops-to-27/> Accessed on the 4th of December, 2025.). This indicates a disconnect between legal rights and civic consciousness.

Furthermore, the suppression of dissent through arrests, censorship, and intimidation continues to weaken democratic space. Journalists, whistleblowers, and activists have been harassed, detained, or labeled “enemies of the state.” The Protection of Whistleblowers Bill, though proposed, has yet to be passed, leaving courageous citizens vulnerable.

The solution lies in mass civic education.

Citizens cannot defend rights they do not understand. The reintroduction of civic education in schools, community-led rights awareness campaigns, and social media activism can all strengthen the public’s capacity to engage. Civil society organizations like BudgIT, EiE Nigeria (Enough is Enough), SERAP, and Connected Development (CODE) have played pivotal roles in this space, using technology, data, and storytelling to empower citizens.
Religious and traditional leaders also have a responsibility. Their influence can either reinforce harmful customs or serve as platforms for peace, justice, and human dignity. When they speak out against discrimination, corruption, and violence, they help bridge the gap between law and lived experience.

Even simple acts like recording a rights violation, signing a petition, or educating a neighbour can ripple into systemic change. The lesson from successful movements is that change begins at the grassroots, grows with knowledge, and triumphs with collective will.

In the end, no constitution or law can replace the will of an informed and active citizenry. When people take ownership of their society, when they refuse silence in the face of injustice, human rights stop being abstract and become a lived reality. The journey to a just Nigeria depends not only on courts and parliaments, but on people who care enough to act. To be continued).

THOUGHT FOR THE WEEK

“To deny people their human rights is to challenge their very humanity”. – Nelson Mandela.