Fundamental Rights

Every Nigerian has rights, duties, liabilities and privileges, which are provided for in the
hundreds of laws that exist in Nigeria. However, there are certain rights that basically trump all
other ones. They are rights that are referred to as inalienable rights, rights for which the law
has made specific and special provision.

These rights are contained in Chapter IV of the 1999 Constitution of the Federal Republic of
Nigeria, and are officially known as Fundamental Rights.

This article will explain what these key rights are, because every Nigerian really should know
about these rights.

1. Right to Life

This is the most important right of every Nigerian (and in fact every human being). The right
that everyone has to ‘exist’, and no one can intentionally deprive a person of this right, either
an individual or the Government, unless in the execution of a sentence of the court in respect of
a criminal offence.

In a nutshell, what this right says is that no one can take your life unless you have carried out a
capital crime, you have been tried by a competent court, and found guilty.

Exceptions

However, with every right (as you will see below), there are exceptions. In regard to the right
to life, the exceptions are:

 If s/he dies as a result of the use of reasonable force for the defence of any person from
unlawful violence or for the defence of property

 If s/he dies as a result of the use of reasonable force in order to effect a lawful arrest or
to prevent the escape of a person lawfully detained; or

 If s/he dies as a result of the use of reasonable force for the purpose of suppressing a
riot, insurrection or mutiny.

2. Right to Dignity
This right basically means that every Nigerian has a right to not be subjected to torture or
inhuman/degrading treatment, and no Nigerian should be held in circumstances which amount
to slavery or servitude. It also provides that no one should be required to perform forced of
compulsory labour.

Exceptions

‘Forced labour’ doesn’t include:

 any labour required in consequence of the sentence or order of a court;

 any labour required of members of the Armed Forces, Police Force, compulsory
national service
 in the case of persons who have conscientious objections to service in the armed forces
of the Federation, any labour required instead of such service;
 any labour required which is reasonably necessary in the event of any emergency or
calamity threatening the life or well-being of the community; or
 any labour or service that forms part of normal communal or other civic obligations of
the well-being of the community.

3. Right to Personal Liberty

This right guarantees that individuals have a right to their liberty. This means that no
individual must be deprived of his or her right to liberty or freedom unless it’s in accordance
with the law.

Where a person is detained in lawful custody he/she has the following rights:

1. Right to remain silent and not answer any questions unless/until speaking to a Lawyer

2. Right to be informed in writing, within 24 hours, of the facts and grounds for his arrest
or detention.

3. To be brought before a court within a reasonable time, and if not tried within 2 months
(for individuals in custody/not entitled to bail) and 3 months (for individuals released
on bail), they shall be released either unconditionally or upon such conditions as are
reasonably necessary to ensure that he appears for trial at a later date (without prejudice
to any further proceedings that may be brought against the individual)
 4. Not to be kept awaiting trial in detention for a period longer than the maximum period
of imprisonment for the offence he/she is accused of

Exceptions

 Execution of a court order or sentence

 Lawful arrest for commission of an offence or to prevent commission of an offence
 Restrictions placed on an individual who us under 18 years old for the purpose of
his/her education or welfare
 Restrictions placed on people suffering from infectious diseases, persons of unsound
mind, and drug/alcohol addicts, which are imposed for their care and treatment and/or
the protection of the community.
 Immigration/Border protection and lawful expulsion or extradition

4. Right to Fair Hearing

This right guarantees that in the determination of an individual’s civil rights and obligations a
person shall be entitled to “a fair hearing within a reasonable time by a court or other
tribunal established by law and constituted in such manner as to secure its independence
and impartiality.”

This right guarantees the following:

 Presumption of innocence

 Public trial for criminal offence (except in certain circumstances – public safety/order,
welfare of child offenders etc.)

 Written charge informing the individual of the detail and nature of the offence

 Adequate time and facilities for preparation of his/her defence

 Right to a legal practitioner of his/her choice

 Right to examine witnesses and call witnesses of his/her own

 Right to interpreter if he/she cannot understand the language used at the trial

 Access to the records of the trial proceedings

  A person can’t be found guilty of a criminal offence on account of any act or omission
that did not, at the time it took place, constitute such an offence, and no penalty shall be
imposed for any criminal offence heavier than the penalty in force at the time the
offence was committed

 No person can be tried for a criminal offence if he/she has been previously either
convicted or acquitted for that offence or for a criminal offence having the same
ingredients as that offence unless upon the order of a superior court.

 No person who shows that he has been pardoned for a criminal offence shall again be
tried for that offence.

 No person who is tried for a criminal offence shall be compelled to give evidence at the
trial.

 No person shall be convicted of a criminal offence unless that offence is defined and
the penalty is prescribed in a written law

5. Right to Privacy

The 1999 Constitution guarantees and protects “the privacy of citizens, their homes,
correspondence, telephone conversations and telegraphic communications..”

The constitution does not go into detail to explain exactly how this is protected and if there are
any exceptions, and unfortunately there has not been much judicial review of this right.

However, from reading the provision it is obvious that there are 3 elements there:

 Privacy of the individual: this would protect an individual against unlawful invasive
procedures such as drug testing, blood testing.

 Privacy of the Home: which would include protection from unlawful entry or
harassment of an individual’s home

 Privacy of Correspondence, Conversations and Communications: this protects the

privacy of an individual’s mail, telephones conversations, email and other forms of
communication

6. Right to Freedom of Thought, Conscience and Religion

This right guarantees that an individual may manifest and propagate his religion or belief in
worship, teaching, practice and observance. It also guarantees the right of an individual to
change his religion or belief.

The constitutional right prevents forced indoctrination in any place of education, however no
religious community or denomination is prevented from providing religious instruction for
pupils of that community or denomination in any place of education maintained wholly by that
community or denomination.

Exception

The right does not entitle any person to form, take part in the activity or be a member of a
secret society.

7. Right to Freedom of Expression

Every Nigerian is entitled to freedom of expression, including freedom to hold opinions and to
receive and impart ideas and information without interference, and is entitled to own, establish
and operate any medium for the dissemination of information, ideas and opinions:

Exceptions

 Only persons authorised by the Government upon fulfilling conditions laid down by an
Act of the National Assembly may own, establish or operate a television or wireless
broadcasting station.

 Laws validly created 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

 Laws validly created for the purpose of imposing restrictions on Government official or
members of the Armed Forces/Police or other government security agencies.

8. Right to Freedom of Assembly and Association

Every individual has a right to assembly freely and associate with other person, and he/she
may form or belong to any political party, trade union or other association.
Exception

The right to form or belong to a political party is subject to the powers of the Independent
National Electoral Commission to recognise political parties as validly formed and meeting all
the relevant criteria.

9. Right to Freedom of Movement

Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part
of it, and no citizen of Nigeria shall be expelled from Nigeria or refused entry or exit from it.

Exceptions

 Restrictions on the residence or movement of persons who have committed or

reasonably suspected to have committed a criminal offence in order to prevent the
person from leaving Nigeria.

 Lawful extradition

10. Right to Freedom from Discrimination

No citizen of Nigeria is to be subjected to any disabilities or restrictions based solely on the

fact that he/she is a member of a particular community, ethnic group, place of origin, sex,
religion or political opinion, or circumstances of his/her birth.

No citizen of Nigeria is to be accorded any privilege or advantage that is not accorded to

citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or
political opinions, or circumstances of his/her birth.

Exception

Restrictions with respect to the appointment of any person to any office under the State or as a
member of the Armed Forces/ Police Force or to an office in the service of a body, corporate
established directly by any law in force in Nigeria.

11. Right to own Property

Every citizen of Nigeria has the right to acquire and own immovable property anywhere in
Nigeria.
Exception

 Compulsory acquisition by the Government in certain stated circumstances (and upon

prompt payment of compensation)

 Valid laws dealing with tax, penalties for forfeiture, enemy property, temporary
possession for environmental reasons etc.

Compulsory acquisition is the power of the government to acquire private rights in land
without the willing consent of its owner or occupant in order to benefit society in exchange for
compensation. It evolved as a result of the invaluable nature of land and the important role it
plays in the socio-economic development of a country.

According to 31. (1), no property, movable or immovable, shall be taken possession of

compulsorily and no right over or interest in any such property shall be acquired compulsorily
in any part of Nigeria except by or under the provisions of a law that-

(a) requires the payment of adequate compensation therefor; and

(b) gives to any person claiming such compensation a right of access, for the determination of
his interest in the property and the amount of compensation, to the High Court having
jurisdiction in that part of Nigeria.

(2) Nothing in this section shall affect the operation of any law in force on the thirty-first day
of March, 1958, or any law made after that date that amends or replaces any such law and does
not-

(a) add to the kinds of property that may be taken possession of or the rights over and interests
in property that may be acquired;

(b) add to the purposes for which or circumstances in which such property may be taken
possession of or acquired;

(c) make the conditions governing entitlement to any compensation or the amount thereof less
favourable to any person owning or interested in the property; or

(d) deprive any person of any such right as is mentioned in paragraph (b) of subsection (1) of
this section.
Enforcement of Fundamental Rights

Human rights that are enforceable in law are those which are recognized by law as
fundamental rights, as distinguished from mere aspirations or individuals’ ideas of rights.
These fundamental rights are now embodied in chapter IV of the Nigerian Constitution of 1999
from section 33 to 46. In Nigeria, the process of enforcement may be classified as conventional
and unconventional, or orthodox and unorthodox means. ‘’Orthodox’’ in this regard, refers to
the procedures provided by law, which are regularly adopted in seeking relief against an
alleged infringement of right. These include the invocation of judicial powers and the recourse
to police enforcement.

In an application for the enforcement of fundamental rights, the applicant may include the
following;

1. Anyone acting in his own interest;

2. Anyone acting on behalf of another person;
3. Anyone acting as a member of, or in the interest of a group or class of persons;
4. Anyone acting in the public interest; and
5. Association acting in the interest of his members or other individuals or groups.

Notwithstanding the above, the law is remarkably settled that action for the enforcement of
fundamental rights, cannot be jointly maintained. They are very personal in nature.
In Nwachukwu v. Nwachukwu (2018) 17 NWLR [Pt. 1648] page 357 at Ratio 1, the
Supreme Court of Nigeria stated thus;

‘’before fundamental human rights can be enforced, it must be the main/substantive

claim before the court and not on ancillary claim.’’

Enforcement of Fundamental Rights by Corporate Entities

Corporate Entities have the right to sue and be sued in their corporate name. This right to sue
does not exclude Fundamental rights action. A company in Nigeria is a proper party in an
action for Enforcement of Fundamental rights. Just like natural persons, a company may
commence an action for enforcement of fundamental right by using any originating process
which is accepted by that court. The application shall, subject to the Rules, lie without leave of
the court. Such originating process shall be supported by a statement setting out the name and
description of the applicant and the relief sought and the grounds upon which the relief is
sought. An affidavit setting out the facts upon which the application is made and a written
address.

Challenges to Enforcement of Fundamental Human Rights in Nigeria

One of the greatest challenges in the enforcement of Fundamental Human Rights is that the
citizens are not enlightened as regards their Fundamental Human Rights. However, ignorance
of these could lead to their Fundamental Human Rights being infringed upon without their
knowledge. It is of great importance that citizen are well informed on their right and how these
rights can be protected.

One of the challenges individuals seeking redress for their rights being infringed upon is that
the judicial system is often slow and stringent with its procedures and also grant a series of
adjournment. The Court is the last hope of the common man, however, an individual who
hopes to seek timely redress on the infringement of his rights might not get justice due to the
delay and his rights might be further infringed upon.

Corruption in the judicial system can be seen to be one of the challenges in the enforcement of
Fundamental Human Rights, as it has hindered timely judgment and cases which are meant to
be fully adjudicated upon are not heard and hereby causing victim’s hardship and their rights
being infringed upon. Bribery is seen to be very prevalent in the judicial system today.

The issue of principal claim or ancillary relief by litigant is another challenge in the
enforcement of fundamental human rights. The courts have in some decided cases on human
rights increased restriction on the scope of the applications for the enforcement of Human
Rights cases. Indeed, applications alleging serious human rights violation are routinely struck
out or dismissed on the ground that they were mere ancillary reliefs. In many cases of
infringement of fundamental rights, people resort to self-help and more often than not, the
perpetuators of fundamental right abuses go unpunished. The fact that there appears to be an
increase in crime rate in Nigeria is itself another challenge to the enforcement of Fundamental
Rights. The rights of freedom of movement, right to own property, right to personal liberty are
all being violated. One is not sure who will be the next to be kidnapped either by ritualist or
kidnappers for ransom.

Conclusion
The Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides in its
preamble that the Constitution is for the purpose of, “promoting the good government and
the welfare of all persons in our country on the principles of Freedom, Equality and
Justice.” How do we promote the welfare of all persons including the poor in Nigeria on the
principles of ‘Freedom, Equality and Justice’ when the poor cannot access the court because of
the high cost of litigation coupled with delays in determination of cases occasioned by our
laws.

Human rights are inalienable rights that accrue to every citizen of a country and one that
deserves the maximum protection possible and unhindered protection from infringement. This
is so because human beings are said to be naturally brutish and selfish and yet cannot exhibit
these conducts in democratic society.

Above all, the citizens should not only help the government to protect their rights but they
should also live responsibly to protect the rights of others at all levels of human relationship
ranging from the family to the global arena. Hence, citizens should be more patriotic, have
respect for the law, assist the law enforcement agencies and co-operate with international
organizations on human rights issues.

The Nigerian government should take more proactive campaign against corruption and
strengthen the country’s anti – corruption institutions. This is because corruption serves to
promote criminal and extremist activity by creating barriers to legitimate socio – political and
economic endeavours. By attacking corruption, Nigeria will send a clear signal that the country
is indeed committed to good governance, to the security of its citizens and to its rightful place
as a significant actor on the global stage.