Fundamental Human Rights are constitutionally guaranteed rights under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended.) These rights are enforceable in Nigerian Courts and designed to protect the dignity, liberty and freedom of every Nigerian citizen. These rights as provided under the constitution are as follows.
RIGHT TO LIFE
Section 33 of the Constitution as amended provides for the right to life. Every Citizen has the right not to be intentionally deprived of his or her life except in the following circumstances permitted by law, which includes:
- In the execution of a sentence of court for a criminal offence which he has been found guilty in Nigeria;
- If death is as a result of a force reasonably used from unlawful violence or for the defence of property;
- To effect a lawful arrest or to prevent the escape of a person lawfully detained;
- To suppress a riot. Insurrection or mutiny.
RIGHT TO DIGNITY OF HUMAN PERSON
The Nigerian Constitution guarantees every Citizen of the right to not be subjected to any form of torture, inhuman or degrading treatment in accordance with section 34 of the constitution. These torture and degrading treatments include domestic violence, beatings and other forms of physical violence and extreme punishments. These acts are unlawful and any person found liable shall pay damages to the victim.
The Constitution further guarantees that no person shall be required to perform forced or compulsory labour. However, certain forms of labour are permitted under the constitution which includes; normal communal labour and other civic obligations or labour required as a result of sentence or order of the Court, compulsory labour as a result of being a member of the armed forces or the National Youth Service Corps (NYSC).
RIGHTS TO PERSONAL LIBERTY
The right to personal liberty is guaranteed under section 35 of the constitution. This right protects citizens from unlawful detention and provides that any person arrested shall have the right to remain silent until after consultation with a legal practitioner and also to be promptly informed of the reasons for the arrest within 24 hours. Detained individuals must be brought before a court within a reasonable time.
However, Section 35(1)(a)- (f) of the Constitution permits deprivation of personal liberty in certain circumstances, which includes:
- The execution of the sentence or order of a court in respect of a criminal offence of which a person has been found guilty;
- By reason of failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed by law;
- For the purpose of bringing such person before a court in execution of the order of a court or upon reasonable suspicion of having committed a criminal offence, or to such extent as may be reasonably necessary to prevent commission of a criminal offence;
- A person who has not attained the age of eighteen years for the purpose of education or welfare;
- Persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community;
- Preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person.
RIGHT TO FAIR HEARING
The right to fair hearing under section 36 of the Constitution, provides for the presumption of innocence of an accused person. The provision implies that in criminal proceedings, an accused person is presumed innocent until proven guilty and the prosecution bears the burden of proving the guilt of the accused person beyond reasonable doubt.
It connotes that in the determination of a person’s civil rights and obligations, such person shall be entitled to fair hearing within a reasonable time by a court or other tribunal established by Law. Section 36 (6) (a)- (e)further provides the following:
- Each party involved in a case must be given an opportunity to present and state his/her case.
- A person should not be a judge in his own case or when such person has an interest in the subject matter of the action.
- An accused person maintains the right to be informed promptly and, in a language he/she understands of the nature of the offence. This includes providing an interpreter for the accused at no cost where the need arises.
- An accused person must be given adequate time and facilities for the preparation of his defence such as the grant of bail where the offence committed is bailable and adjournments where necessary.
- An accused person reserves the right to defend himself in person or by a legal practitioner of his own choice. For capital offences such as Murder, the court is to provide legal representation for such accused person if he has none.
Once a breach of this right is established, it renders the proceedings null and void. It should be noted that the prosecution must prove their case against the accused person beyond reasonable doubt while the accused is required to prove his innocence on the balance of probability.
RIGHT TO PRIVATE AND FAMILY LIFE
The right of individuals to private and family life is guaranteed under Section 37 of the 1999 Constitution as amended. It provides that;
“the privacy of citizens, their homes, families, correspondences, telephone conversations and telegraphic communications are hereby guaranteed and protected.”
This means that all citizens have the right to live their lives privately without government, individual or any form of interference. This extends to the protection of personal information such as official and medical records as well as the right to body autonomy – i.e., blood donations.
RIGHTS TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
Section 38 of the 1999 constitution as amended provides for this right and ensures that every individual has the right to practice and change their religion without coercion. It also protects individuals from being forced to participate in religious activities that conflict with their beliefs.
It extends to restriction of individuals from joining or forming secret societies. The limitations to this right are as follows:
- For the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films;
- For the purpose of imposing restrictions on persons holding office under the Federal or State Government, members of the Nigerian Police Force or other security agencies established by law.
RIGHT TO FREEDOM OF EXPRESSION AND THE PRESS
The right to freedom of expression is guaranteed by section 39 of the 1999 constitution. It gives every person in Nigeria the right to express themselves and to share opinions and information without any interference. It also protects the right to own and operate media outlets with the exception of television, wireless broadcasting stations which are subject to government control.
RIGHTS TO PEACEFUL ASSEMBLY AND ASSOCIATION
Section 40 of the Constitution allows individuals and citizens of Nigeria to gather freely and join groups, including political parties, trade unions to protect their interest. However, this right is subject to the powers conferred on the Independent National Electoral Commission (INEC) regarding the recognition of political parties.
RIGHT TO FREEDOM OF MOVEMENT
This right is guaranteed under section 41 of the Constitution and gives every Nigerian citizen the right to move freely and reside in any part of the country. Section 41(2) and section 45 further states the exceptions to this right. These includes:
- Restrictions on the movements of a person who has committed or is reasonably suspected of committing a crime in order to prevent such a person from leaving the country.
- Where a person is extradited from Nigeria to another country to be tried for a criminal offence or to undergo imprisonment in execution of the sentence of a court with respect to a criminal offence such person has been found guilty of committing. Extradition can only occur when there is a reciprocal agreement between Nigeria and the receiving country.
- In the interest of public defence, safety, health, order or morality.
- In order to protect the rights and freedom of other persons.
- During periods of emergency such as curfews instilled by the government during national emergencies.
RIGHT TO FREEDOM FROM DISCRIMINATION
Section 42 of the Constitution guarantees individuals and citizens of Nigeria with freedom from discrimination based on ethnic group, place of origin, sex, circumstance of birth, religion or political opinion. It states that no citizen is to be subjected to any restriction, limitation or deprivation based on their ethnic group, sex(gender), place of origin, religious or political beliefs.
The only limitation to this right is laws that impose restrictions with respect to the appointment of any office under the state or as a member of the armed forces or the police.
RIGHT TO ACQUIRE AND OWN IMMOVABLE PROPERTY
This Section as provided under section 43 of the Constitution, guarantees every citizen and individual the right to acquire and own immovable properties, be it lands or buildings anywhere in Nigeria.
CONCLUSION
Fundamental Human rights as guaranteed under the constitution forms the foundation of a fair and democratic society. It reminds us that laws exists to safeguard and protect the wellbeing of every individual.
