This Blog is written by Okafor Emmanuel Chiemelie, a Second-Year Law Student of Nnamdi Azikiwe University Awka

Introduction

By standard Metrics, Nigeria, a democratic state, is viewed as the Giants of Africa considering its economic diversity and rich mineral resources. Considering these, the country is faced with a lot of challenges that question the validity of its democratic system. There have been various news reports of situations where individuals are denied access to freedom of speech; fair hearings; and cases of extra-judicial killing. In a bid to put this to an end, fundamental human rights were introduced into the Nigerian Constitution, but sadly, these rights are often violated in total hatred of the constitutional provision. This Blog will analyze the challenges of the enforcement of these rights and make recommendations for the enforcement of these rights.

Overview Of Fundamental Human Rights In Nigeria

Nigeria is one of the countries that practice federal constitutional democracy, and in this practice, the constitution is the foundational law. The Constitution provides the rights and limitations of the citizens, and every citizen of the country is bound by its provisions. In Nigeria, the Constitution in operation is the 1999 Constitution of the Federal Republic of Nigeria.[1]

The Fundamental human rights of Nigeria country are those rights which are non-negotiable and every citizen of Nigeria is entitled to these rights.[2]

Likewise, the United Nations has enacted the Universal Declaration of Human Rights to be in operation, and it applies to all humans. The Fundamental human rights of Nigeria are provided for in Chapter 4 and it is consistent of:[3]

1. Right to life

2. Right of dignity to the human person

3. Right to personal liberty

4. Right to a fair hearing

5. Right to private and family life

6. Right of freedom of thought, conscience, and religion

7. Right of peaceful assembly and association

8. Right to freedom from discrimination

9. Right to acquire and own immovable property

10. Compulsory acquisition of property

11. Restriction on and derogation from fundamental human rights

12. Special jurisdiction of high courts and legal aid

The basis of these rights is that whenever any is infringed upon, the aggrieved party can apply to the court for redress.[4] Despite the constitutional provisions, there are still cases where these rights are infringed and trampled upon by the government of the country. Isn't it ironic?

For example, the Nigerian security forces have been constantly alleged to carry out extra-judicial killings and engage in arbitrary arrests.[5] This undermines the non-negotiable nature of the Fundamental human rights in Nigeria. Also, in 2015, 347 members of the Islamic Movement of Nigeria(IMN) were massacred by the Nigerian Army and this contravenes the right to life provided for in the Nigerian Constitution.[6] In March 2020, 3 Nigerian soldiers were arrested because they threatened to rape women, in total disregard of their fundamental human rights.[7] Even the Nigerian Police Force is not left out. Sometime in 2019, 2 of the members of the Nigeria Police Force Anti-Cultism squad were arrested and charged for a man they murdered.[8]

Considering these occurrences, it is safe to say that the success of these Fundamental human rights is barely on the written aspect of it.

Challenges In The Enforcement Of Fundamental Human Rights

Generally, there exist tons of challenges that may deter an aggrieved party the right to enforcing fundamental human rights. Some of these challenges are:

1. Ignorance of these fundamental human rights: when the citizens of Nigeria are unaware of the existence of these rights, they can't claim it even when there's a clear violation.[9]

2. Poverty: According to the National Bureau of Statistics,[10] The poverty rate of Nigerians as of 2022 is 63%, and as such, when the poor masses' rights are infringed upon, they may not have the money for legal representation.

3. Increase in crime rate: this challenge is synonymous with insecurity, because, if there are constant reports of kidnapping and extra-judicial killing, none of these rights can be enforced.[11]

Recommendations

Despite the challenges associated with enforcement of the Fundamental human rights, some recommendations can be made that will suffice as the way forward:

1. Education: Nigerian citizens should be educated so that they will get abreast with their rights. The academic institutions should be improved, and a course that revolves around fundamental human rights should be in effect. This will play a vital role in making the ignorant Nigerians take cognizance of their fundamental rights.

2. Reduction of poverty: As was presented above, Nigerian citizens are extremely poor, and this is a big issue. However, the government can adopt several ventures that will facilitate and prevent poverty in Nigeria.

3. Punishment: People who violate human rights should be outright punished, and they should face serious repercussions.

4. Enlightenment programs: These types of programs will go a long way in shaping the mindset of Nigerians, and they will be alerted as to their fundamental human rights.

5. Judicial Independence: suffice it to say that fundamental human rights cannot be enforced entirely when the Judges give judgments based on prejudice, fear, and favour. The Judiciary should be made independent so that the judges will be bold and fearless.

Conclusion

Fundamental human rights are one of the bedrocks of democracy and efforts should be put in to ensure that it is adequately observed in any democratic system. The government should also give the Judiciary her independence, because, it's only a fearless and bold Judiciary that can protect these rights. Nigeria can also engage in efficient collaboration with the developed countries, in other to ascertain how they were able to achieve a democratic state with less human rights abuse. To this end, we can build a Nigeria that fosters dignity and every citizen will enjoy their fundamental human rights.

References

[1] CFRN 1999http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

[2] https://nigerian-constitution.com/fundamental-human-rights-of-a-nigerian-and-universal-human-rights/

[3] Ibid(n1)

[4] Fundamental human rights in Nigeria https://www.mondaq.com/nigeria/human-rights/1221232/fundamental-human-rights-under-the-1999-constitution-as-amended

[5] Government Violations of FHR https://en.wikipedia.org/wiki/Human_rights_in_Nigeria#:~:text=Right%20to%20person%20liberty.,of%20thought%20conscience%20and%20religion

[6] Ibid(n5)

[7] Nigeria army arrest soldiers wey 'threaten to rape women for Warri’ https://www.bbc.com/pidgin/tori-52163377

[8] Nigeria policemen arrested for murder after #StopPoliceKilling protest https://www.africanews.com/2019/04/02/nigeria-policemen-arrested-for-murder-after-stoppolicekilling-protest/

[9] The enforcement of Fundamental human rights in Nigeria https://www.mondaq.com/nigeria/human-rights/1439386/the-enforcement-of-fundamental-rights-in-nigeria#:~:text=Another%20major%20challenge%20of%20enforcement,court%20to%20enforce%20their%20rights.

[10] National Bureau of Statistics https://nigerianstat.gov.ng/news/78#:~:text=In%20Nigeria%2C%2040.1%25%20of%20people,to%20the%20National%20MPI%202022.

[11] Challenges to the enforcement of fundamental human rights in Nigeriahttps://businessday.ng/news/legal-business/article/challenges-to-the-enforcement-of-fundamental-human-rights-in-nigeria/