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PROVISION OF THE HUMAN RIGHTS CHAPTER OF THE NIGERIAN CONSTITUTION, 1999.
CHAPTER IV
FUNDAMNETAL RIGHTS
The fundamental human rights is a chapter in the constitution of Nigeria. The constitution is the basic law in the country, which sets out how the country is governed.
Fundamental human rights are those rights that every person is entitled to by virtue of the fact that they are human beings. No laws can take away any of those rights, unless the Declaration of Human Rights itself allows such laws to be made. Any laws, which already exist which take away any of the rights may be declared to be null and void.
WHAT RIGHTS ARE SET OUT IN THE FUNDAMENTAL HUMAN RIGHTS PROVISIONS OF THE NIGERIAN CONSTITUTION?
The constitution starts out by stating that everyone is entitled to individual rights and freedom. But these rights and freedoms may be subjected to limitations. These limitations are there to ensure that the rights and freedoms of the individual are not a hindrance to public interest or infringe on the rights and freedoms of other people.
After stating the basic principle, the declaration of rights goes into specific format. The format is that a specific right is set out, then the ways in which the right is modified or limited are explained. On the following pages we deal with the specific rights granted by the constitution and some of the ways in which those rights are modified.
RIGHT TO LIFE
Section 33
(1) Every person has a right to life, and no one shall be deprived intentionally of his life.
Limitations or Exceptions
A person may be intentionally deprived of his life for the following reasons:
In execution of a sentence of death, passed by the courts
In order to prevent him from committing a criminal offense. (only if reasonable force is used)
Killing during arrest, or to stop someone who is in prison from escaping (only if reasonable force is used)
To stop a riot, protest or rebellion 9only if reasonable force is used)
Our position: You can not take another person’s life
RIGHT TO DIGNITY AND PROHIBITION OF TORTURE
Section 34
(1) Every individual is entitled to respect for the dignity of his person, and accordingly
(a) no person shall be subjected to torture or cruel, inhuman or degrading treatment;
(b) no person shall be held in slavery or servitude; and
(c) no person shall be required to perform forced or compulsory labour
Limitations or Exceptions
A person may be deprived of his liberty for the following reasons:
to undergo the sentence of a court or punishment given by a court of law
Note: that a person is not forced to work where
he or she is serving a punishment given by a court of law
he or she is performing one’s duties as a member of armed forces of Nigeria or Nigerian police forces, among others.
Our position: You have no right to torture anyone.
RIGHT TO PERSONAL LIBERTY
Section 35.
(1) Every person has a right to personal freedom
Limitations or Exceptions
In the carrying out of the sentence of a court or punishment for contempt of court
To arrest on reasonable suspicion of having committed an offense
To educate or take care of a person below 18years of age
To prevent diseases, treatment of people suffering from transferable diseases, mad people’ etc
Preventing unlawful entry into Nigeria or for deportation, extradition.
REMEMBER: a person who is arrested or detained
Should not be kept in prison as a suspect for longer than the period stated as punishment for that offense.
Must be told within 24 hours why he has been arrested.
Our Position: You have no right to arrest anyone without just cause.
RIGHT TO TRIAL WITHIN A REASONABLE TIME.
Section 35 (a)
Any person who is arrested or detained shall be brought before a court of law within a reasonable time.
Note:
That such a person must be tried within 2 months of his arrest or detention, if he is in custody or is not entitled to bail.
Also the person may be released from detention if his trial has not started within 3 months from the time of his arrest in which case the trial may be commenced later.
Our position: it is wrong to keep anyone in prison for so long without trial.
RIGHT TO FAIR HEARING
Section 36
Every person has a right to fair hearing without partiality within a reasonable time by a court or tribunal established by law.
Note:
The proceedings of a court or the proceedings of any tribunal shall be held in public.
Limitations and Exceptions
The court may refuse public trials in order to ensure public safety, public order, morality, welfare of small children, protection of private lives of those involved.
Every person who is charged with a criminal offense shall be presumed to be innocent until he is proved guilty. Any person who is charged with a criminal offense has a right to:
(a). be informed in time in plain language what his offense is
(b). be given enough time and materials to defend himself
(c). Be able to defend himself or get lawyers of his choice to do defend him
(d). to examine witnesses on both sides without partiality
(e). have free interpretation of what is happening if he cannot understand the language of the court.
When any person is taken to court for a criminal offense, the court should keep the record of what happens throughout the case and make it available to the accused or anybody representing him 7 days after the case has ended.
No person shall be guilty of a criminal offense that was not an offense at the time it took place or be punished or fined for more than the punishment that exists at the time the offense was committed.
Our position: everyone is entitled to understanding the language being spoken so that he can know his offense and have his own lawyer to defend him.
RIGHT TO PRIVATE AND FAMILY LIFE
Section 37
Every person / citizens has a right to privacy of their homes, letters, telephone calls and telegraphic messages. This right is guaranteed and protected.
Limitations and Exceptions
There are no limitations or exceptions to this right.
Our position: it is good to be able to relax with family without harassment.
RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION.
Section 38
(1). Every person is free to think and express himself and also to worship in any religion he wants.
(2). Any person attending school should not be forced to receive religious instruction or partake in any religious ceremony apart from his own religion or his parents’ religion.
(3). The church or mosque shall not be stopped from teaching religious knowledge to students of schools that is managed by them.
Limitations and exceptions
Membership of any secret society is forbidden.
Our position: everyone has a right to hold his beliefs.
RIGHT TO FREEDOM OF EXPRESSION AND THE PRESS
Section 39
(1). Every person has a right to his views and to speak freely and also give and receive ideas from other people without interference.
(2). Every person has a right to own, set up and operate any radio, television and printing outfit for the circulation of information and ideas.
Limitations and exceptions
The operation of radio or television stations needs government license
Confidential information that can jeopardize the security of the nation should not be disclosed.
RIGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION
Section 40.
Every person has a right to come together and associate with other people and even belong to any political party, trade union or any other association he likes for protection of his interests.
Limitations or Exception
The right to belong to a political party is subject to the power of the electoral commission to recognize such parties.
RIGHT TO FREEDOM OF MOVEMENT
Section 41.
Every Nigerian citizens has a right to move freely and to live in any part of Nigeria. And he cannot be sent out or stopped from coming into the country.
Limitations or Exceptions
Any person that has committed a criminal offense can have his movement restricted
Such person can also be taken out of Nigeria to any other country for trial and imprisonment if found guilty.
RIGHTTO FREEDOM FROM DISCRIMINATION
SECTION 42.
No law may discriminate on grounds of race, tribe, place of origin, political opinions, colour, creed or gender.
Our position: Being a woman does not mean you must ignore her.
RIGHT TO ACQUIRE AND OWN IMMOVABLE PROPERTY ANYWHERE IN NIGERIA
Section 43
Every person has a right to own a house or land anywhere in Nigeria.
COMPULSORY ACQUSITION OF PROPERTY
Section 44
No property may be compulsorily taken unless:
The taking is necessary; and
The person from whom it is taken gets fair compensation in a reasonable time
The person can go to court for a decision on the amount of compensation.
Limitations or Exceptions
Acquisition of property is allowed, subject to limitations, for such things as:
Payment of rates, taxes and duties
Forfeiture of property for breach of law
As regards tenancy, renting or sales and other rights which arises out of such contracts
As regards the property of persons who are not able to pay their debts, mad people or dead people or those whose businesses are closing up
As regards judgments of orders given by the court taking property of possessions that are dangerous or can injure other people, plants or animals.
Regarding enemy property
Regarding trusts and trustees
Relating to limitations of actions
Regarding taking over property temporarily so as to examine, investigate
To carry out soil conservative on land
Note:
Any land where there are minerals such as oil and gold shall be under the control of the government.
SPECIAL JURISDICTION OF HIGH COURT AND LEGAL AID.
Section 46
(1). Any person who feels that any of his rights has been denied him can go to a high court in the state where he lives and seek remedy
(2). The high court also has the right to hear the case of anyone that comes to seek such remedy and to issue orders or directions for correction.
The National Assembly can also give additional powers to the High Court as it sees necessary. And it shall also make it possible for any citizen to get financial help in order to be able to go to court or to get the services of a lawyer as long as they are sure that the person is telling the truth about his case.
RESTRICTION ON AND DEROGATION FROM FUNDAMENTAL HUMAN RIGHTS
Section 47
(1). Nothing in sections 37 – 41 shall make null void any law that is justified in a democratic society
(a). in the interest of defense, public safety, order, morality or healthy: OR
(b). in the protection of rights and freedoms of other persons
(2). No acts of the National Assembly shall be made null and void because it provides for the taking of measures that derogate from provisions in sections 33 – 35 of the constitution
These acts of the National Assembly will only be for the period of that emergency in order that the situations can be dealt with.
This section does not authorize however the lessening of the provisions of Section 33 or 36 (8) of the constitution (Right to life) except as regards death resulting from acts of war.
The Right to Liberty
Everyone has the right to personal liberty. An arrest or detention is permissible only if carried out in accordance with the law. It must not be arbitrary and can only be carried out by authorized personnel. People charged with a criminal offence should not normally be held in detention pending trial.
The right to liberty When is an arrest or detention lawful? When is an arrest or detention arbitrary? Who can lawfully deprive a person of their liberty? The presumption of release pending trial?
The right to liberty
Everyone has the right to personal liberty this is a fundamental human right.
Governments may deprive people of their liberty in certain prescribed circumstances. International human rights standards provide a series of protective measures both to ensure that individuals are not deprived of their liberty unlawfully or arbitrarily, and to establish safeguards against other forms of abuse of detainees. Some of these standards apply to all people deprived of their liberty, whether or not in connection with a criminal offence, others only to people held in connection with criminal charges, and others only to particular types of people, such as foreign nationals or children.
The essential corollary to the right to liberty is protection against arbitrary or unlawful detention. In order to protect the right to liberty, international standards including Article 9 of the Universal Declaration declare that: “No one shall be subjected to arbitrary arrest or detention”. This basic guarantee applies to everyone, whether held in connection with criminal charges or, for example, in connection with mental illness, vagrancy or immigration control. International standards provide not only that arrest and detention must not be arbitrary, but also that they must be carried out on grounds and according to procedures established by law.
When is an arrest or detention lawful? An individual may only be deprived of his or her liberty on grounds and according to procedures established by law. These procedures must conform not only to domestic law, but also to international standards.
When is an arrest or detention arbitrary?
No one may be subjected to arbitrary arrest, detention or imprisonment.
An arrest or detention which is lawful may nonetheless be arbitrary under international standards, for example if the law under which the person is detained is vague, excessively broad, or is in violation of other fundamental standards such as the right to freedom of expression. In addition, detainees who were initially arrested lawfully, but who are held after their release has been orderly by a judicial authority, are arbitrarily detained. The Human Rights Committee has explained that the term “arbitrary” in Article 9 (1) of the ICCPR is not only to be equated with detention which is “against the law”, but is to be interpreted more broadly to include elements of inappropriateness, injustice and lack of predictability.
Who can lawfully deprive a person of his liberty?
Arrest, detention or imprisonment may only be carried out by people authorized for that purpose. This expressly prohibits a common practice in some law enforcement agencies where security officers carry out arrests and detentions although they have no power in law to do so. The authorities, which arrest people, keep them in detention or investigate their cases may exercise only the power granted to tem under the law. The use of these powers must be subject to supervision by a judicial or other authority. States should establish rules under their national law indicating which officials are authorized to order deprivation of a person’s liberty. States should establish the conditions under which orders may be given and ensure strict supervision, including a clear chain of command, of all law enforcement officials responsible for arrests, detentions, custody, transfer and imprisonment.
The presumption of release pending trial.
People awaiting trial on criminal charges should not, as a general rule, be held in custody. In accordance with the right to liberty and the presumption of innocence, there is a presumption that people charged with a criminal offence will not be detained before their trials. International standards explicitly recognize that there are, however, circumstances in which the authorities may impose conditions on a person’s liberty or detain an individual pending trial. Such circumstances include when it is deemed necessary to prevent the suspect from fleeing, interfering with witnesses or when the suspect poses a clear and serious risk to others which cannot be contained by less restrictive means
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