AN APPRAISAL OF THE CHALLENGES ASSOCIATED WITH THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS IN NIGERIA

  • : Ms Word Format
  • : 70 Pages
  • : ₦3000
  • : 1-5 Chapters
  •  
  • Click to DOWNLOAD Materials

AN APPRAISAL OF THE CHALLENGES ASSOCIATED WITH THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS IN NIGERIA

ABSTRACT

The promotion and protection of human rights have engaged the attention of the international community, and though Nigeria has subscribed to major international human rights instruments. Thus, Fundamental Human Rights provisions have continued to feature very prominently in the successive Constitutions of the Federal Republic of Nigeria, and there has been a rise in the activities of Human Right groups in Nigeria even with the advent of this democratic experiment in Nigeria. Despite all these, Human Rights abuse and violations continue to occur with disturbing frequency and regularity in that nation.  This study will examine and appraise the challenges associated with the enforcement of fundamental human rights in Nigeria.

CHAPTER ONE

GENERAL INTRODUCTION

  • BACKGROUND OF THE STUDY

Human rights are the fundamental features of any true democratic setting because the essence of democracy itself is based on the idea of human rights. Human rights are mostly viewed as the inalienable rights of people. They are the legal entitlements which every citizen could enjoy without fear of the government or its fellow citizens.

The foundation of any genuine democracy is embedded in the rule of law, a principle that demands devotion to the spiritual and moral values, the common heritage of the people and the true source of individual freedom and political liberty. These democratic ideas are presently being assimilated into the people’s consciousness in Nigeria as the nascent democratic experiment gradually solidifies. There is increasing awareness by the citizenry of the existence of constitutionally guaranteed rights. The utility of these rights can only be attained through the process of law enforcement. It is not useful to talk of right which lies only in the realms of human imagination.

Human rights are in some circles discussed, but erroneously, as synonymous with constitutional rights. This might be, because the general conception is that every right is enforceable in law. The word ‘right’ means that to which a person has a just and valid claim, whether it be land, a thing or the privilege of doing something. ‘Human’ pertains to having characteristics of, or the nature of mankind, human rights are thus rights which all people (mankind), everywhere, and at all times have by virtue of being mortal and rational creature. They are inherent in every human creature by virtue of his humanity. These rights embrace a wide spectrum of civil, political, economic, social cultural, group solidarity and developmental claims which are considered indispensable to a meaningful human existence.

The constitution on the other hand is the body of laws on the basic of which a state (Country) is governed. In Nigeria, the constitution is the supreme law of the land on the basis of which the validity of other laws is determined. It is the grundnorm of the country’s corpus juris.[1] Rights in the constitution are enforceable in accordance with the provisions of the constitutions unlike general human rights some of which are not justiciable and constitute mere aspirations of the citizens. In Kuti and others v. AG Federation,[2] Oputa JSC emphasized that:

“Not every civil or legal right is fundamental right. The ideal and concept of fundamental right are both derive from the premise of the inalienable rights of man – life, liberty, and the pursuit of happiness. Emergent nations with written constitutions have enshrined in such constitution some of these basic human rights, each right that is thus considered fundamental is clearly spelt out.”

Thus, in Nigeria, those rights that are considered fundamental to human beings are enshrined in Chapter IV of the 1999 Constitution of Federal Republic of Nigeria (as amended).[3] The rights contained in Chapter IV of the Constitution, Sections 33 to 46, and the African Chapter on Human and people’s rights are rights that are enforceable in our Courts of Laws in Nigeria. These rights that are contained in Chapter IV are first generation rights such as  right to life, right to dignity of human person,  right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of expression and press, right to peaceful assembly and association, right to freedom of movement, right to freedom from discrimination, right to acquire and own immoveable property anywhere in Nigeria, compulsory acquisition of property, restriction on and derogation from Fundamental Rights.

One of the British legacies in the Commonwealth of which Nigeria is a member is a libertarian tradition of the Common Law and its system of Justice embodied in the Magna Carta of 1215 and the Bill of rights of 1689. Civil Liberties were guaranteed by the Colonial Government but to the extent necessary to prevent rebellion against Colonial Government. This was expressed in the various Constitutional conferences held in the march towards Nigerian independence in order to allay minority tribes’ fears of domination by majority tribes.

Fundamental Human Rights provisions have continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. The 1979 Constitution of the Federal Republic of Nigeria introduced a new dimension to the Constitutional recognition of human rights by providing Fundamental Objectives and Directive Principles of State Policy (Chapter II)[4] in addition to Fundamental Human Rights (Chapter IV). The 1989 Constitution followed this trend and so did the 1999 Constitution which forms the focus of this study.

The 1999 Constitution is being reviewed but nothing is being done to make the provisions of Chapter II of the Constitution justiciable. Social, Political, and Economic factors have continued to constitute these greatest obstacles to the citizens’ desire to seek redress for the infringement of their rights.

Despite the activities of Human Rights groups in Nigeria and the establishment of Human Rights Commission, Human Rights Abuse in Nigeria is on the increase.

It is based on this background that this study evaluates the provisions on Fundamental Human Rights under the Constitution of the Federal Republic of Nigeria 1999. The study also considers the extent of enforcement under the 2009 Rules, the Jurisdiction of Courts as provided thereunder, and the challenges of the enforcement.

 

 

1.2 STATEMENT OF PROBLEMS

The violation of human rights is not a strange experience in Nigeria. This sad situation has been attributed to decades of military rule in the country, which had attracted sanctions and all sorts of condemnation from the international community. Sadly, however, the end of military rule, and the consequent enthronement of democratic rule has failed to eliminate, or at least, reduce the cases of violations of human rights in Nigeria. The majority of cases of violations of people’s rights being carried out by the Nigerian police force. Provable incidences of extrajudicial killings, brutality of innocent citizens, use of force to elicit confessional statements from suspects, blatant corruption, et cetera continue to be characteristic of the Nigerian police in our promising democracy. Thus, the lack of trust and confidence in the police by the Nigerian citizens continues to exist irrespective of the hypocritical posters and television advertisements by the police authorities to create a positive image for the Nigerian Police, as the force has become more of an instrument of oppressions and coercion against innocent citizens, and a willing tool in the hands of the rich and powerful in society to intimidate and victimize the common man. In view of these the following research questions are to be contemplated and addressed:

  • What is the extent and nature of human rights violations in Nigeria?
  • Why has democratic rule failed to address the problem of human rights violations in Nigeria?
  • What effects do human rights violations have on the victims, the democratic process and the Nigerian police?
  • How do citizens react to the violations of their human rights in Nigeria?
    • AIMS AND OBJECTIVES OF THE STUDY

The primary aim of this research is to appraise the challenges associated with the enforcement of fundamental human rights in Nigeria.

The objectives of this research are as follows:

  1. To trace the historical evolution of fundamental human rights and to analyse its development in Nigeria.
  2. To make a highlight of the provisions of the Universal Declaration of Human Rights
  3. To overview the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as regards to the fundamental human rights.
  4. To overview the international instrument on human rights and the provision of African Charter on Human and Peoples Rights
  5. To examine the roles of human rights enforcement agencies in Nigeria.
  6. To address the challenges of the enforcement of fundamental human rights in Nigeria.
  7. To analyse the human rights abuses, violations and insecurity in Nigeria.
    • SCOPE AND LIMITATION OF THE STUDY

The scope of this essay writing covers a wide range on the challenges associated with the enforcement of fundamental human right in Nigeria. But due to the complexity of this topic, this essay cannot be assumed to cover all aspects of the fundamental human rights, but we shall restrict ourselves within the ambit of the challenges of enforcement of human rights in Nigeria and the roles of the human rights enforcement agencies in Nigeria.

This project will cover among others the legal framework for the enforcement of the enforcement of fundamental human rights, the international instruments on human rights and the procedure for the enforcement of human rights in Nigeria. It will also take a glance at the role of the judiciary and the Nigerian Bar Association.

1.5 RESEARCH METHODOLOGY

This paper is based on the doctrinal method of research conducted in libraries and Internet. In this study, extensive research, analytical study, discussion and range of intellectual materials are employed, in the completion of this study an accurate and conducive paper will be presented at the end of this work.

In view of this references would be made to primary sources and the secondary sources. The primary legal sources relied on, comprise statute law and regulations, case law, customary laws, treaties, conventions and various international instruments guiding the Fundamental Human Rights in Nigeria such as Constitution of the Federal Republic of Nigeria 1999 (as amended), Universal Declaration of Human Rights, African Charter on Human and Peoples Rights, Magna Carta 1215, Bill of Rights of 1689.

While the secondary sources include textbooks, journals, publications, serials, internet, reports, periodicals, guidelines, articles, newspapers, documents and a host of other printed materials.

These, in themselves, may not always provide a complete and comprehensive statement of the law in any given situation. Institutional publications, seminar papers and law reports in the area of the subject matter of this research, and other relevant materials will be consulted and used.

1.6   LITERATURE REVIEW

Some good literature on the subject matter is available while some deal with different aspect of this topic. Research had to be undertaken with recourse to various sources to bring about this work.

Felix Daniel Nzarga in his Article title “An analysis of human rights violations by the Nigerian security services”[5] he examines what human rights is and what constitutes human rights violations and analyses the various violations of human rights by men of Nigerian security services. But he has fails to discuss the various human rights guaranteed under the Nigerian laws and international instruments.

Dr. Jacob Abiodun Dada, in his Article title “Human Rights Protection in Nigeria: The Past, the Present and Goals for Role Actors for the Future”[6] This article provided a historical Development of human rights in Nigeria, starting from pre-colonial era, to colonial era and post-independence Nigeria. It highlighted the scope of human rights guaranteed in each epoch and the impediments to their full realization. But he fails to traces the origin of fundamental human rights, the roles of the agencies for enforcement of such rights as well as the role of the international community for the protection of human rights.

  1. O. Nwabueze in his Book title “A Constitutional History of Nigeria”[7] he analyses the 1960, 1963, 1979 and 1999 constitutional provisions as regards to human rights in Nigeria.

1.7       SYNOPSIS OF THE CHAPTERS

This dissertation embarks on an appraisal of the challenges associated with the enforcement of fundamental human rights in Nigeria.

Thus, chapter one of this publication started with the Introductory aspect of this topic, statement of problem, aims and objectives, scope of study, research methodology, literature review, and Synopsis of chapters.

Chapter two explores on the concept of the fundamental human rights, historical evolution of the fundamental human rights and its historical development in Nigeria and universal declaration of human rights.

Chapter three however focused on the institutional and legal framework for the enforcement of fundamental human rights in Nigeria, an overview of the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as regards to the fundamental human rights, an overview of the African Charter on Human and Peoples Rights, international conventions on human rights, roles of human rights enforcement agencies in Nigeria and the roles of the judiciary, the Nigerian Bar Association and police in the enforcement of human rights in Nigeria.

Chapter four take a glance at the challenges associated with the enforcement of fundamental human rights in Nigeria, human rights abuses and violation in Nigeria, insecurity as a factor degradation of fundamental human rights in Nigeria and procedure for the enforcement of fundamental human rights.

Chapter five constitutes the last aspect of the essay, summary of findings, recommendations, conclusions and Bibliography.

[1] S.1 (3) 1999 Constitution of Federal Republic of Nigeria.

[2] [1985] 8 NWLR (pt 6) 211.

[3] Ibid fn1

[4] 1979 Constitution of the Federal Republic of Nigeria

[5] F. D. Nzarga; An analysis of human rights violations by the Nigerian security services, (2014), Journal of Law, Policy and Globalization, Vol. 30 Issue 3, ISSN 2224-3240.

[6] DR. J. A. DADA; “Human Rights Protection in Nigeria: The Past, the Present and Goals for Role Actors for the Future”; (2013), Journal of Law, Policy and Globalization Vol.14 No.2 ISSN 2224 3240

[7] B.O. Nwabueze; A Constitutional History of Nigeria, (1982), Published by Longman Group Ltd, at 116 -123

AN APPRAISAL OF THE CHALLENGES ASSOCIATED WITH THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS IN NIGERIA

Sharing is caring!

Leave a Reply