CHAPTER
ONE
1.0 INTRODUCTION
1.1 EVOLUTION OF HUMAN RIGHTS IN NIGERIA
The issue
of human rights
has been one
of the most
widely debated issues
throughout the word
in the last
fifty years.
Human
rights evolution in
Nigeria is traceable
to be attempt
by the British
Government to calm
the fear expressed
by the country
ethnic minorities that
the majority ethnic
minorities that the
majority ethnic group
in control of political powers
would oppress them
after the termination
of the British
colonial government it
was therefore the
fear of domination
of minorities by
the majorities that
ultimately led to
the adoption of
the Bill of right in Nigeria
in its independence
constitution of 1960.
Successive per-independence constitutional conference
dating back to
1953 have often
then only fix
on the inclusion
of certain fundamental
rights in future
Nigeria constitution.
This
agitation led to
the setting up
of a Royal
Commission of Enquiry
in 1958. The commission investigated
and recommended the
incorporation of the
fundamental Right provisions
in the Nigeria
constitution.
Following the
report of Sir Willink Commission, human
rights were entrenched
in the chapter
3 of the
1960 constitution1, the
following are rights
recognized in 1960
and corresponding section.
1.
Right
to life and
dignity of human person-section 17
2.
Freedom
from inhuman treatment – section 18
3.
Freedom
from salavary and
forced labour – section 19
4.
Right
to personal liberty – section 20
5.
Determination
of rights – section 21
6.
Right
to private life – section 22
7.
Right
to freedom of
conscience - section 23
8.
Right
to peaceful assembly
and association - sec
25
9.
Freedom
of movement - section
26
10. Freedom from
discrimination - section 27
11. Right to
compensation for compulsory
accusation of property – section 30
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1.
Chapter 3 (section 17 - 30) 1960 Constitution.
12. Freedom of
expression - section 24
These rights
were repeated verbatim
in the 1963 Republican Constitution
of Nigeria and
with a little
variation for amplification
in the 1979
and the 1989
constitution which was not
adopted.
Thus, in spite
of the dramatic
experience of the
political crisis including
the period of
the civil war
of 1967 – 1970, the
rights have remained
the same. That
is, they have
not been extinguished
by any military
or civilian Administration, but that does
not mean that,
they have not
been assaulted or
threatened.
In recent
times there have
been certain Human
Rights of non
political nature which
are not necessarily
fundamentally enshrined in
the constitution, they
appeared first in
the 1979 Constitution. Example
of these sets
of rights are
those to Education,
to work and
just remuneration, the
Right to just or favourable
condition of work,
right to protection
against unemployment, old
age or disability.
These rights
are grouped under
the head fundamental
objectives and directive
principles of state
policies. To aid
our understanding of
our various categories
of Human Right
to in Nigeria, the following classification is
essential, these includes
A.
PERSONAL
RIGHTS
These include
the right to
life under section
33 of the
1999 constitution, Right
to dignity of
human person in section 34,
the right to
personal liberty section
35 of the
1999 constitution and
the right to
freedom of movement
section 41.
B.
POLITICAL AND MORAL RIGHTS
The constitution
declares the entitlement
of every individual
to freedom of
expression, including the
freedom to hold
opinion and receive
and impact ideas
and information without
interference, associated or
closely related to
the political freedom
of expression section
39, freedom of
association for assembly
section 40, freedom
of conscience and
religion section 38.
C.
PROPRIETARY
RIGHTS
The right
to property is
given substantial protection
in that prompt
and adequate compensation
must be provided
by any law
which gave the
power to compulsory
acquire or take
possession of property
section 44. Also
the right to
privacy of correspondence and
telephone conversation is
expressly guaranteed in section 37.
Thus personal and
domestic privacy is
protected to supplement
common law protection
derived from the
law of trespass.
D.
PROCEDURAL (DUE PROCESS)
RIGHTS
The
principle of fair
hearing is well
developed at common
law but this has
been entrenched in
the constitution in
far greater detail
than were before,
it is declared
in section 36
of the 1999
constitution that in the determination
of civil rights
and obligation, a
person shall be
entitled to fair
hearing within a
reasonable time by
a court or
other tribunal established
by the law
and constituted in
such a manner
as to secure
its independence and
impartiality.
E.
EQUALITY
RIGHT
It emphasis
on the right
of freedom from
discrimination Section
42 of the
1999 constitution, prohibits
discrimination among citizens on the bases
of sex, age,
religion race, nationality
etc. It also
intends to protect
children born outside
wedlock.
F.
ENVIRONMENTAL RIGHTS
The right
appeared in the
1999 constitution under
the fundamental objectives
and directive principle
of state policy
which is not
enforced, (section 20
of the same
constitution). This policy
cannot be divorced because
of its importance
to the right to
life and survival.
Hence, without clean to uncontaminated water the environment will not be a healthy
for one to work in.
1.1 WHAT IS A RIGHT
A right
is the sovereignty
to act without
the permission of
others. The concept
of a right
carries with it
an implicit, unstated
footnote you may
exercise your rights
as long as
you do not
violate the same
rights of another.
Within this context,
rights are not
absolute.
According to
the 9th edition
of the black’s
law dictionary2. “A
right is that
which is proper
under law, morality
or ethnics (know
right from wrong).
Something that is
due to a person by
just claim, legal
guarantee, or moral
principle.
According to
the Osborn’s 10th
Concise Law Dictionary3, “a
_______________________________________________________________________________
2.
The
9th edition of the black’s law dictionary. p. 9 1436.
3.
The 10th edition of Osborn’s concise law
dictionary. P 9 356
right
is an interest recognized and
protected by the
law, respect for,
which is a duty and
disregard of which
is a wrong
(salmond). A capacity
residing in one
man of controlling,
with the assent
and assistance of
the state, the
actions of others.
Rights are
concerned with interests,
and indeed have
been defined as
interests protected by
rules of rights,
that is by
moral or legal
rules. Yet rights
and interest are
not identical. Interests
are things which are to a
man’s advantage he
has an interest
in his freedom
or his reputation.
His rights are
these, if he
has such rights
protect of interests,
which accordingly from
the subject of
his rights but
are different from
them.
A right
must be exercised
through own initiative
and action. It
is not a
claim on others.
This means you
do not have
the right to
the time in
another person’s life.
You do not
have a right
to another person’s
property.
WHAT ARE HUMAN RIGHTS
Human
rights are rights
inherent to all
human beings, whatever
our nationality, place
of residence, sex, ethnic
group, colour, religion,
language, or any
other status, we
are all equally
entitled to our
human rights without
discrimination. These right
are all interrelated,
interdependent and indivisible.
Universal human
rights are often
expressed and guaranteed
by law, in
the forms of
treaties, customary, international
law general principles
and other sources
of international human
rights law lays
down obligations of
Governments to act in order
to promote and
protect human rights
and fundamental freedoms
of individual or
groups.
(a.)
Universal and
Inalienable Human Rights
The principle
of universality of
human rights is
the cornerstone of
international human rights
law.
This principle,
as first emphasized
in the universal
Declaration on human
right in 1948,
has been reiterated
in numerous international
human rights conventions,
declarations, and resolution.
The 1993 vienna
world conference on
Human rights, for
example, noted that
it is the duty
of states to
promote and protect
all human rights
and fundamental freedoms,
regardless of their
political, economic and
cultural systems. All
states have ratified
at one, and
80% of have
ratified four or
more, of the
core human rights
treaties, reflecting consent
of states which
creates expression to
universality. Some fundamental
human rights enjoy
universal protection by
customary in international
laws across all
boundaries and civilizations.
Human Rights
are inalienable. They
should not be
taken away. Except
in specific situation
and according to due process
for n for example, the
right to liberty
may be restricted
if a person
is found guilty
of a crime
by a court
of law.
(b) Interdependent and
indivisible human right
All human
rights are indivisible,
whether they are
civil and political
rights, such as
the right to
life, equality before
the law freedom
of expression, economic,
social and cultural
rights, such as
rights to work,
social security and
education, or collective
rights, such as
the rights to
development and self-determination, are
indivisible, interrelated and
interdependent. The improvement
of one right
facilitates advancement of
the others. Likewise,
the deprivation of
one right adversely
affects the others.
(c) Equal
and non-discriminatory human
right
Non-discrimination is
a cross-cutting principle
in international human
rights law. The
principle is present
in all the
major human rights
treaties and provides
the central theme
of some of
international human rights
conventions such as the international
convention on the
elimination of all
forms of Racial
discrimination and the
convention on the
Elimination of all
forms of Discrimination against
women.
The
principle applies to
everyone in relation
to all human
rights and freedom
and it prohibits
discrimination on the
basis of a
list of non-exhaustive categories
such as sex,
race, colour and
so no ented
by the principle
of equality, as
stated in Article
of the Universal
Declaration of Human
Right, “All human
an beings are
born free and
equal in dignity
and rights”.
(d) Both
rights and obligation
Human
rights entail both
rights and obligations.
states assume obligations
and duties under
international law to
respect, to protect
and fulfill human
rights.
The obligation
to respect means
that states must
refrain from interfacing
with or curtailing
the enjoyment of
human rights. the
obligation to protect
requires states to
protect individual and
groups against human
rights abuses. The
obligation to fulfill
means that states
must take positive
action to facilitate the
enjoy meant of
basic human rights.
At the individual
level, while we are entitled
to our human
rights, we should
also respect the
human rights of
others.