UNIVERSITY OF 105

FACULTY EDUCATION

DEPARTMENT SOCIAL STUDIES EDUCATION

it
COURSE LEGAL RIGHTS AND CIVIL OBLIGATION

COURSE CODE SSE 415

Level. 400 LEVEL
Course lecturer: P.M Lere Esq
Department of private Law, faculty of law, University of Jos, Nigeria.

Course outline

1. Definition of Law a. Natural School of Thought b. Historical School of Thought c. Realist

School of Thought d. Positivist School of Thought e. Functionalist School of Thought 2.
Characteristics of Law 3. Functions of Law 4. Law and Other Related Concepts a. Rights i. Legal
Rights ii. “Absolute” Rights iii“Qualified” Rights iv. The “Protection” Rights b. Obligation

c. Morality d. Justice

e. Custom

5. Methods of Social Control Through Law

a. Constitutive Technique b. Fiscal Technique

c. Conferral or Social Benefit Technique d. Private Arranging Technique e. Penal Technique

6. civil Rights and Duties:

3. 0f individuals

D. of the community (Society)

7. Fundamental Objectives and Directive Principles of State Policy

a. Nature

b. The Rational

c. Political Objectives d. Economic Objectives

e. Social Objectives

f. Educational Objectives . _ “mg. Foreign Policy Objectives h. Directives on Culture 8.

Fundamental Human Rights under the Constitution of the Federal Republic of Nigeria 1999 (as
amended)

a. Section 33 Right to Life b. Section 34 Right to dignity of Human Person c. Section 35 Right to
Personal Liberty d. Section 36 Right to Fair Hearing e. Section 37 Right to Private and Family
Life f. Section 38 Right to Freedom of Thought, Conscience and Religion g. Section 39 Right to
Freedom of Expression

h. Section 40 Right to Peaceful Assembly and Association

i.‘ Section 41 Right to Freedom of Movement

M j. Section 42 Right to Freedom from Discrimination

k. Section 43 Right to Acquire and Own immovable Property

l. Section 44 Compulsory Acquisition of Property

m. Section 45 Restriction on and Derogation from Fundamental

Human Rights n. Section 46 Special Jurisdiction of High Court and Legal Aid

INTRODUCTION TO SOCIAL STUDIES EDUCATION (SSE 415)

This course is aimed at bringing home the knowledge about law and how it regulates human
conduct in the society. Law is a very essential tool in the

maintenance of law and order, and also to protect lives and properties 0 citizens. This course is
also aimed at introducing the students to the appreciation of the interface between law and the
society as well as the rights and duties of citizens and the society. Quite instructive is the
knowledge of

how law is engaged in resolving disputes in the society.

Bearing in mind that most students have not had any interface with law before now, I shall
endeavour to be as simple as possible simplifying the principles to be discussed as I also drive
home the points in order to enhance understanding

and appreciation of the concepts.

1. DEFINITION OF LAW ‘Law’ does not have a universally acceptable definition. This is partly
because everyone who had attempted to define law brought forth arguments as are beneficial to
him or posited definition that suits either his profession or vocation or beliefs in life. As will
shortly be considered, Law has been variously defined by many writers, jurists, and academics,
and from the very many distinct definitions, it could safely be categorized into some similar line
of perception or thought such that have now been grouped and regarded to as ‘schools of thought’
in the definition of law. The struggle to define law is usually likened to the narrative that some
blind men were called upon to variously describe an elephant. They all were asked to touch the
elephant and describe what an elephant looks or feels like the person who touched the trunk of the
elephant exclaimed, ;it is like a wall’, the person that touched the tail exclaimed ‘no, it is like a
rope;, the person

touching the leg exclaimed ‘no, it is like a pillar’, yet again, the person who

touch the tusk exclaimed ‘never, it is like horn’ and the person who touched the ears exclaimed, ‘it
is like a fan’. Well, it cannot be said that these men were all wrong, neither can it be safely said
that they were all right and the simple reason is because, though they seemed to have suggested
what to them a whole elephant is like, we who have greater view and understanding know that it is
but a part of the elephant they each seem to be focused on and believed it was a description of the
whole.

In like manner, definitions of law so far posited are at best descriptions of law from the point of
view (stand point) of the persons proposing the definitions, they are presenting their opinions
based on what and how they see law. A lay man may define law as ‘a command which I am
compelled to obey or else get punished’. A police officer will see law as ‘the force behind my
action’. A lawyer may see law as ‘my vocation or profession’. A law student may see law as ‘what
I aspire to practice or my field of study’. A legislator will see law as ‘what I make’, the Governor
may see law as ‘what I execute’ and the list is

endless. It does not mean any of them is right or wrong in totality, but we

know that law is and connotes far more than that in order to be wholistic in approach.

A. NATURAL LAW SCHOOL OF THOUGHT

The proponents of this school are mostly clergies who believe in the supremacy of God and they
believe in the Supreme Being who is in control of the Universe and all creation. They believe
there is a power beyond human comprehension

that controls the world and as such, all instructions and directions as to how man should conduct
himself in relation to rights and liabilities and towards

other humans should come from him. Saint Thomas Aquinas, a priest, is one of the proponents of
this school of thought. Hence, it is believed by the proponents of this view of law that God is
supreme and he dictates what man

should or should not do. They believe that the Ten Commandments given to

Moses on Mount Sinai signify and exemplify the kind of laws that should be considered law in the
society. They should flow from the Supreme Being and direct human conduct.

The proponents belief that man, in his pure state of creation has universal

acceptance of what is ‘right’ and ‘wrong’ through the instrumentality of what they regarded as
‘conscience’ which they believed God installed in all humans in order to govern and regulate their
conducts. Even though it is true that there are consciences, but it is quite true also that every man
will have absolute control over what he gives express to as a matter of conscience. For instance, it
is a matter of survival for a hungry and starving man to steal his neighbour’s bead in his absence,
while it will be differently considered if he were not starving and still stole the bread to help
himself with while the man will be pitied and allowed to go in the first instance, he may be bitten
mercilessly in the second instance, hence, circumstances can alter what may be determined as
right or wrong, though the same act characterized them.

The proponents of the natural law theory of law do not completely deny the existence of
man-made laws, but they hold that such laws should also flow’

from the manner of the God given laws. Again, nature, conscience, concept of

justice and equality and morality are uppermost in the debate in support of

this school of thought. But potent challenges that will attend this perception of law is that, man
will

fine serious difficulty in agreeing who should have the sole or exclusive right of hearing or
receiving from God in modern times, as many prophets, Imams, teachers of theology, founders of
churches and denominations belief they all receive or hear from God whereas they are distinctly
displaying they believe. Again, when was the law time any Supreme Being handed down any law
to man, as it is believed God gave to Moses at Mount Sinai? so how could we So how long coul

have stayed without laws from the Supreme Being especially on issues not initially captured in the
Ten Commandments believed to have been given through Moses? Then who will confirm that
such laws were received from a Supreme Being? Or who confirms the content of what is claimed
to have come from the Supreme Being? And, like others will raise, who is the Supreme Being?
Which religion or denomination will produce the Supreme Being?

B. HISTORICAL LAW SCHOOL OF THOUGHT The proponents of this school belief that law
can only be derived giving hid to

the historical evolution of a particular people. That law should find its place

and acceptance flowing from the history and the experiences of the people. People do not accept a
law simply because it is called law, but that the people could have easily associated or identified
themselves with the law giving their

peculiar history and experiences. The validity of a law is usually derived from

the acceptance and respect the people accord to it, else, it finds stiff resistance in the society. It is
against this back drop that the proponents of this

school belief that whatever will be law; will be easily related and traceable to

> the historical experiences of the people. However, critics of this school wonder they law will
only be said to receive its

validity on the basis of the fact that it is linked to the people’s history; will this

then mean that any law, which is passed that has no direct link with any

historical experience of the people will not find acceptance or validity as law?

For instance, contemporary practices approve of concepts such as comparative analysis or

examination of principles in order to meet up with best practices in

other developed climes, hence, what happens when a law is fashioned in the manner in order to
afford for a proactive society? And again, how many laws will necessalrily have to be made
flowing from the history of the people? Should

the society suffer all the ills before laws are made to curb them?

C. REALlST LAW SCHOOL OF THOUGHT Most of English Jurists (judges) formed part of this
school of thought. The

proponents posit that law is the prophecy of what the courts will say in fact, and nothing more
pretentious. This implies that, for anything to be worth

regarded as law, it must be acted upon by a competent court and that the pronouncement of the
court confirms that those principles are valid and enforceable (judicial precedent). Therefore,
whatever the courts have not acted upon or declared shall not be considered and validated as law.

The criticisms raised against this perspective of law were that, not all laws emanate from the
courts, as the legislature is also saddled with the responsibility of making laws. Again, what
should laws made by the legislature be called or referred to? How many cases will have to be
prosecuted to an end

before laws sufficient to regulate the society can be made? With the attendant waste of time and
wanton delay related to legal actions and their appeal procedures, how long will it take before a
single pronouncement of the court is

made in order to regulate human conducts in the society? Sir Oliver Wendel
Holmes is one of the proponents of the Realist school of thought.

D. POSITIVIST LAW SCHOOL OF THOUGHT

John Austin is one of the leading proponents of this school of thought. This perception of law
promotes the belief that law is a command from a political superior, to a political inferior, backed
up by sanction. The proponents believe that law must be authoritative and issued by a political
superior and where the

political inferior does not obey it, he is punished for such violation. The control and ownership of
means of production is believed to be in the hands of the rich and influential and so they determine
the trend of events in the society and they will be responsibility for issuing instructions and orders
to

those who are considered as inferior in the society.

The problem with this view includes the fact that not all laws are commands. Laws are not having
the outlook of “thou shalt” and “thou shalt not” laws like Law of Contract, Matrimonial Causes
Act, Sale of Goods Act, etc. Again, not all laws are backed up by sanctions like Law of Contract,
Administrative Law, and Constitutional Law etc; after all, not all laws are obeyed or respected
because of the firmness with which they sound or the punishments

accompanying them? some laws are obeyed simply because the people find

themacceptable and friendly and they can easily associate themselves with it.

E. FUNCTIONALIST LAW SCHOOL OF THOUGHT The proponents of this school of thought

see law from the perspective of its relevance and functions in the society. They propose that
nothing should be regarded as law unless it has been adjudged relevant in the society, hence, by
the role or function or relevance of the law in the society, it will derive its validity and acceptance
as law. Who then is in a position to determine when a law has relevance? Will the society remain
without law until it is determined that it has relevance? Not all laws can be adjudged in this
manner, as some laws may not find general acceptance because it will not be generally accepted as
friendly, for instance, laws that impose taxes on trades and companies will

not be readily approved of as friendly or favourable.

2. CHARACTERISTICS OF LAW When one seeks to understand whether a law exists or not,
there are certain features to be identify these are landmarks that will signal the existence of the
law. For instance, some notable characteristics of a living thing is summarised in the abbreviation
“MR NIGER D” which means Movement.

Respiration, Nutrition, lrritability, Growth, Excretion, Respiration and Death,

These are landmarks that will confirm the existence of a living thing. The same applies to law
what are the indicators to show that a law exists?

Some of the Characteristics of law include:

i. Law is dynamic this means that law is not static, it'changes with time to meet up with changes in
society and also, modernization;

ii. Law is Prescriptive law stipulates what should be done and what not should be done. Law
establishes and outlines rights and duties and also spells out the procedure for such
implementation;

iii. Law is normative it regulates human conduct by prescribing approved or prohibited code of
conducts;

iv. Law consists of body of rules and regulations;

v. Law is usually binding the force of compulsion and strict adherence always to the provision of
the law;

vi. Law is enforceable the ability of a law to be enforced without fear

,-.

or favour;

3. FUNCTIONS OF LAW Law has several functions that it plays in the society. They are as
follows:

i. Law maintains order in the society; there can be no peaceful society without law. This means
that law achieves order in the society by ensuring that de process are defined and adhered to. Laws
such as Criminal Law ensure crimes are defined, prevented and punished.

ii. Law maintains the legal system and protects the society; it is one of the most prominent and
essential function of law to maintain the body of laws we have in Nigeria. The hierarchy of one
law in relation to the

others and the interface of one law with another is maintained through the instrumentality of law.

iii.Law assists in resolving disputes in the society; disputes arise in society because there also will
arise conflicts of interest. Every citizen has his

rights and he must exercise such rights in the consciousness of the fact that others do have rights
and require their rights to be respected and protected just as his. The balance in the varying claims
to and exercise of rights necessitates that conflicts will arise. Dispute resolution is one of

the most potent functions of law and it is very important to resolve

problems in the society because not resolving one problem is creating room for more. iv. Law
protects lives and properties in the society; the protection of lives and properties is a key for every
healthy society. v. Law regulates human conduct in the society; the interface and interaction
between citizens and getting them relate peacefully is the

principal function of the law. This is because a healthy and peaceful

society is a progressive and successful one developments thrive in a peaceful society

vi. it guarantees the protection of rights and freedoms; The same rights and freedoms donated by
the law are also protected by the law. The procedure of enforcing rights and being entitled to
compensation or

damages for rights and freedoms infringed or violated are also protected by the law.

4. LAW AND OTHER RELATED CONCEPTS

A. Rights Rights are entitlements which a person can lay claim of. They are more than mere
privileges wherein no claim for enforcement can be made. We shall discuss some few concepts
related to rights to appreciate the outlook that

rights can have and how they may be regulated or interpreted

l. Legal Rights These are rights that are spelled out, acknowledge and protected by law. The

rights outlined and acknowledged in the constitution of the Federal Republic of Nigeria 1999 (as
amended) are an example of Legal Rights. There are other laws in force in Nigeria that have also
outlined specific rights they are Considered as legal rights.

Legal rights may flow from a Constitution, or some other substantive laws that outline the rights a
person or society is entitled to. All legal rights are regulated as the rights that Mr. A has, will also
be the right that Mr. B should

have, hence, not regulating the rights will mean Mr. A will exercise his rights to

the fullest and in the process, get to infringe on the rights of Mr. B.

ii. Absolute Rights There are no absolute rights anywhere in the world. You can at best have

guaranteed rights. The concept of absolute right connotes that such rights will have no limitations
or that such rights should not be regulated, but allowed to be exercised at the discretion of the
person claiming such rights.

Since no man lives as an island of his own, he relates with other beings who

also need to have their rights respected, rights must generally be regulated.

iii. Qualified Rights

This is the status of rights which everyone enjoys and is entitled to in the society. In the context of
our discussion, qualified rights are rights which are regulated and such as may contain a
pre-condition or pre-requirement for their enjoyment. When a right is specified to be exercised by
a particular group of people (children, Women, persons with special needs, etc), or be reserved for
the exercise Of a Particular office (Governor, Speaker of a House of Assembly,

Law enforcement agents etc) is considered as a qualified right. In another

analysis, where a student of the University of .105 is entitled to write exam upon payment of
tuition fee and other necessary charges, then such right is qualified, in that it is not generally
accessible. This is the nature of rights you

will see virtually in every sane society.

iv. The Protection Rights

in the category of rights donated in every society, there are some sets of rights which are aimed at
achieving the role of protection.This protection may extend to the rights provided, to the person
donated the rights or his properties. The essence of the right is to ensure the person enjoys the
protection of the ~law; more so that the primary duty of every government is the protection of
lives and properties. Rights such as Right to life, right to freedom from discrimination, right to
personal liberty, and the likes are donated for purposes of the protection. It is the law that donates
them this does not mean that all laws are directly for purposes of protection of live and property,
though ultimately, they all ensure citizens and their possessions and

interests are protected.

B. OBLIGATION

There are reciprocal duties and responsibilities imposed by law on every citizen in a bid to
maintain balance in the society. Government is not independent of the people and viceversa. This
means therefore that the people must become responsible to some duties in order to have a
responsive government and society.

The law that spells out the rights to be enjoyed by citizens, also spells out their duties. For
instance, sections 13 and 24 of the Constitution of the Federal Republic of Nigeria 1999 (as
amended) makes provisions in this line. We shall

discuss further on this under the topic Civil Rights and Duties.

C. MORALITY

The state of knowing and acknowledging right and wrong. The state of believing there are things
that are proper to be done or not connotes the

concept of morality. Laws are best supported and accepted when they contain moral concepts.
When a law is in line with moral standards and believes, the people tend more to accept and obey
it. A law without moral content usually will find stiff resistance in the society. One the other hand,
not all laws are moral in nature that a law does not support a moral principle does not mean that it
is not valid; and again, not all moral beliefs or principles are laws there is a proper channel
through which laws are made, for instance, a moral principle remains a moral principle unless it
has

been passed into law or so pronounced by a court of competent jurisdiction.

D. JUSTICE

Doing right to all persons without fear, favour or ill will is the foundation is the concept of justice.
Justice also connotes treating people fairly across

board with no sense of victimization.

E. CUSTOM

Custom is defined as an acceptable way of life of a particular people in a society. Customs are the
practices and these usually form the basis of the nature of laws the people will easily accept or
support. When laws are made in concert with what is obtainable in the culture of a particular
people, the

people are likely to support such law and give it wide acceptance, and vice versa. a“-._--

5. METHODS OF SOCIAL CONTROL THROUGH LAW

One of the major functions of law as outlined in this work is the regulation

of human conduct in the society as well as the resolution of disputes. There

are some mechanisms that the law has established in order to ensure that

regulation of human conducts and the resolution of disputes is simplified. They shall be variously
discussed below:

a. Constitutive Technique

This concept affords for persons or group of persons to come together in order to establish a class
in which may take the form of an association, group, company or some entities by which they can
be recognized in law to become responsible to others in that official capacity, for instance, there is
a regulation for persons intending to do business in the society can come together to register a
company which will not be recognized and treated as an entity and everyone who forms part of the
company is captured under that entity. if the company does business in the name of “Dangote
Group of Companies Nigeria Limited”, everybody who forms part of the company is captured and
liable under this official name; and in the same manner, the law will regulate the activities of that
company as a single entity to regulate the conducts of all the parties comprised in the company as
far as their

relationship and activities in relation to the company is concerned.

b. Fiscal Technique

Part of the strategies put in place by the law in regulating some conducts in the society is to
impose some monetary regulations. For instance, where smoking or drinking of alcohol is sought
to be discouraged in the society, heavy taxes can be applied targeted towards increasing the price
of alcohol and also reducing the participation of more people in the running and management of
taverns. This is an indirect way or discouraging the consumption of alcohol. On the other hand,
the law and reduce or remove taxes of tariffs from some businesses of trades in order to promote
more participation in those areas of the economy. The use of monetary policy ‘0 regulate human
conduct in the society is regarded as fiscal policy.

c. CONFERRAL OR SOCIAL BENEFIT TECHNIQUE

Apart from the function of the law in maintenance of peace and order, and to resolve conflicts and
disputes in the society, it also ensures that some social services are provided wherein the citizens
partake. Hospitals, schools, etc are established by operation of the law and they are in line with
part of the developmental designs of the law to confer on the citizens some benefits. Facilities
such as the rehabilitation and reformation centres are also part of the benefits of the law in the
society. In this way, the law attracts more support, loyalty and wins the confidence of the people.
This is part of the concept supported by the Functionalists school of thought, wherein the value,
relevance or function of the law is considered in order to

consider its validity in the society.

The law regulates the existence and operation of companies as also encourages them to engage in
social and community development projects for the benefits of the generality of the society. The
focus of this technique is basically to make the citizens benefit from the law in the society.

d. PRIVATE ARRANGING TECHNIQUE

Individuals or entities in the society are allowed by law to establish their independent way of
resolving conflicts and disputes as may arise in the course of their transactions of interactions. The
law encourages that, where parties enter into a contract and they make provision for a means by
which they will resolve possible conflicts which may arise in the execution of the transact, the law
will recognize that provision in determining their rights a and liabilities in order to resolve any
dispute that may arise. It is believed that parties must have reached what is referred to as a
“concensus adidem" which means, “meeting of the minds" in agreeing on what will be resorted

to in the event of the conflict that has arisen. Where this was not handled

or provided for by the parties, the general regulation will then be used

which usually relates to the grievance~remedial technique.

e. PENAL TECHNIQUE As the name suggests, the law employs the use of punishment in order to
regulate human conducts in the society. In this way, the law imposes punishments on certain
conducts in the society. Laws such as criminal law are provided in order to punish offenders and
by this, other persons are discouraged from engaging in similar conducts and actions. The prisons,
the courts, the police are all agents of coercion used to execute the law to punish offenders and
this serves both as a corrective measure and deterrence to other citizens. Therefore, the use of
punishment to regulate human conduct in the society is referred to as the Penal

technique. The essence of this technique is basically to punish offenders.

f. GRIEVANCE-REMEDIAL TECHNIQUE The latin maxim “ubi jus ibi remedium” which
means, where there is a wrong, there is a remedy controls the activities of the generality of the
society, in that, where there arises a problem or dispute, the law will seek to redress such problems
by addressing the grievance of the offended; unlike the penal technique, this technique targets
remedying the wrong done to a person by providing succour to the aggrieved for harm suffered.
Remedies such as specific performance in contract and monetary compensations or public
apologies are

examples of methods through which this technique is practiced.

6. CIVIL RIGHTS AND DUTIES We shall endeavor to discuss the aspect of the rights
specifically under the heading fundamental human rights so as to give it proper attention it
deserves

Generally, every citizen has rights and duties donated and imposed by law. For instance, Section
13 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) imposes an umbrella
duty on all persons and authorities in Nigeria thus: It shall be the duty and responsibility of all
organs of government, and of all authorities and persons, exercising legislative, executive or
judicial powers, to conform to observe and apply the provisions of this Chapter of this
Constitution. Aside this provision, there are other provisions, and indeed other laws that impose
some duties and responsibilities on the citizens to do, such as payment

of taxes, rates and tenements, protection of public facilities, road traffic laws,

etc. Again, Section 24 provides for the duty of the citizen in the manner herein below:

24. it shall be the duty of every citizen to

a. abide by this Constitution, respect its ideals and its institutions, the National Flag, the National
Anthem, the National Pledge, and legitimate authorities;

b. Help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such
national service as may be required;

c. Respect the dignity of other citizens and the rights and legitimate interests of others and live in
unity and

harmony and in the spirit of common brotherhood; d. Make positive and useful contribution to the

advancement, progress and well-being of the

community where he resides;

e. Render assistance to appropriate and lawful agencies in the maintenance of law and order; and f.
Declare his income honestly to appropriate and lawful

agencies and pay his tax promptly.

a. Civil Rights and Duties of individuals As was discussed under item 4 in this handout (law and
other related concepts), particular obligations, every citizen has reciprocal duties to exercise in
relation to the rights donated to him by the law. 24. it shall be the duty of every citizen to

a. Abide by this Constitution, respect its ideals and its institutions, the National Flag, the National
Anthem, the National Pledge, and legitimate authorities;

b. Help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such
national service as may be required;

c. Respect the dignity of other citizens and the rights and legitimate interests of others and live in
unity and harmony and in the spirit of common brotherhood;

d. Make positive and useful contribution to the advancement, progress and well-being of the
community where he resides;

e. Render assistance to appropriate and lawful agencies in the maintenance of law and order; and

f. Declare his income honestly to appropriate and lawful agencies and pay his tax promptly.

b. Civil Rights And Duties Of The Community (Society)

The fundamental objectives of Nigeria as a country are outlines in Chapter II of the Constitution.
Section 13 of the Constitution for instance provides that “it shall be the duty and responsibility of
all organs of government, and of all authorities and persons, exercising legislative, executive or
judicial powers, to conform to, observe and apply the provisions of this Chapter of this
Constitution".

This section regulates the relationship between the government and the people. The government is
established by the people and the people are governed by the government, and this is to be
regulated in a good mix in order to achieve the greatest cordial relations and validity of every
government established in Nigeria in accordance with the law.

7. FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY

Socio-economic and cultural rights are those rights which impose duties on the government to
ensure the provision of a minimum standard of living to the citizens, basic primary education,
basic social amenities, good working condition etc and most developing countries including
Nigeria consider these rights as impossible to be made justiceable (enforceable in court) as the
nation may not be capable of bearing the pressure and the responsibility. These rights are the
rights which are contained in Chapter II of the 1999 Constitution of the Federal Republic of
Nigeria (as amended); they are also referred to as nonjusticeable rights.

Section 23 of the Constitution has summarized the entire focus of Nigeria as a Nation in that, the
foundation upon which Nigeria will stand and exist. The section states that “the national ethics
shall be Discipline, Integrity, Dign ty 0

Labo ‘ . . ur, SOClal, JUSt‘Ce’ Religious Tolerance, Self-reliance and Patriotism”. This

this provision defines what tenets Nigeria stands to promote and defend in all its engagements.

a. The Nature of Fundamental Objectives and Directive Principles of State Policy

Section 14 of the Constitution confirms and defines the nature and outlook of the people and the
nation thus the relationship between the people and the government. The validity and legality of
any government must flow from the cordial relations of the duo. While the people establish the
government, the government is ran and supported by the people to regulate and govern the people,
hence, the concept of democracy being the government of the people by the people and for the
people finds full expression in this provisions: Section 14 of the Constitution provides thus:
(1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and
social justice. (2) It is hereby, accordingly, declared that:

a. Sovereignty belongs to the people of Nigeria from whom government through this Constitution
derives all its powers and authority;

b. The security and welfare of the people shall be the primary

purpose of government: and

c. The participation by the people in their government shall be ensured in accordance with the
provisions of this Constitution.

(3) The composition of the Government of the Federation or any of its agencies and the conduct of
its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and

the need to promote national unity, and also to command national loyalty, thereby ensuring that
there shall be no predominance of persons from a few State or from a few ethnic or other sectional
groups in that Government or in any of its agencies.

(4) The composition of the Government of a State, a local government council, or any of the
agencies of such Government or council, and the conduct of the affairs of the Government or
council or such agencies shall be carried out in such manner as to recognize the diversity of the
people within its area of authority and the need to promote a sense of belonging and

loyalty among all the people of the Federation.

b. The Rational of Fundamental Objectives and Directive Principles of State Policy

A country without a defined focus and principles will live to survive and never achieve anything
meaningful. Nigeria as a nation can also not interface with other countries if she does not have
stated and defined outline of agenda to be implemented, supported and protected, hence the
necessity of developing a comprehensive guide. Other countries who need to understand what
Nigeria as a nation stands for or represents, will only need to refer to the nation’s fundamental
objectives and directive principles, because it is from this that Nigeria draws its direction in its
internal and external affairs as well as this is the portion that defines who Nigeria is and what
tenets it upholds and

promotes. This then is the rationale behind the fundamental objectives and

directive principles contained in Chapter II of the Constitution of the Federal Republic of Nigeria
(as amended).

NOTE: There are some species of rights provided for under the Fundamental

Objectives and Directive Principles of State Policy. We shall outline them and discuss indicate
what they are meant to achieve in Nigeria.

c. Political Objectives

Section 15 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides for
Nigeria’s guide in terms of its political focus and guiding principles. This means that, these are the
landmarks that will guide and govern Nigeria’s political activities.

The Section provides thus:

(1)The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.

(2)Accordingly, national integration shall be actively encouraged, whilst discrimination on the

grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be
prohibited.

(3)For the purpose of promoting national integration, it shall be the duty of the State to:

a. Provide adequate facilities for and encourage free mobility of

people, goods and services throughout the Federation.

b. Secure full residence rights for every citizen in all parts of the Federation;

c. Encourage inter-marriage among persons from different places of origin, or of different

religious, ethnic or linguistic association or ties; and

d. Promote or encourage the formation of associations that cut

across ethnic, linguistic, religious and or other sectional barriers.

(4) The State shall foster a feeling of belonging and of involvement among the various people of
the Federation, to the end that loyalty to the nation shall override sectional loyalties.

(5) The State shall abolish all corrupt practices and abuse of power.

(1. Economic Objectives

Section 16 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) sets out the
guideline for Nigeria’s Economic activities and attainments. This means that no matter how much
Nigeria desires to engage under its economic revolution, Nigeria will pay attention to the
regulations outlined in this section. Section 16 provides thus: (1) The State shall, within the
context of the ideals and objectives for which provisions are made in this Constitution. (a) harness
the resources of the nation and promote national prosperity and an efficient, a dynamic and
self-reliant economy; (b) control the national economy in such manner as to secure the maximum
welfare, freedom and happiness of every

citizen on the basis of social justice and equality of status

and opportunity; (c) without prejudice to its right to operate, or participate in

areas of the economy, other than the major sectors of the economy, manage and Operate the major
sectors of the

economY; (d) without prejudice to the right of any person to

participate in areas of the economy within the major sector

of the economy, protect the right of every citizen to engage in any economic activities outside the
major sectors of the

economy. (2) The State shall direct its policy towards ensuring:

(a) the promotion of a planned and balanced economic

development;
(b) that the material resources of the nation are harnessed and distributed as best as possible to
serve the common good;

(c) that the economic system is not operated in such a manner as to permit the concentration of
wealth or the means of production and exchange in the hands of few individuals or of a group; and

(d) that suitable and adequate shelter, suitable and adequate food, reasonable national minimum
living wage, old age care and pensions, and unemployment, sick benefits

and welfare of the disabled are provided for all citizens.

(3) A body shall be set up by an Act of the National Assembly which shall have power; (a) to
review, from time to time, the ownership and control of business enterprises operating in Nigeria
and make recommendations to the

President on same; and (b) to administer any law for the regulation of the ownership

and control of such enterprises. (4) For the purposes of subsection (1) of this section (a) the
reference to the 'major sectors of the economy" shall

be construed as a reference to such economic activities as

may, from time to time, be declared by a resolution of each House of the National Assembly to be
managed and operated exclusively by the Government of the Federation, and until a resolution to
the contrary is made by the National Assembly, economic activities being operated exclusively by
the Government of the Federation on the date immediately preceding the day when this section
comes into force, whether directly or through the agencies of a statutory or other corporation or
company, shall be deemed to be major

sectors of the economy; (b) "economic activities" includes activities directly

concerned with the production, distribution and exchange of

weather or of goods and services; and (c) “participate" includes the rendering of services and

supplying of goods.

e. Social Objectives Section 17 of the Constitution of the Federal Republic of Nigeria, 1999 (as

amended) specifically regulates the social objectives of Nigeria. This is a

provision that seeks to make regulations for the social disposition of the

Nigerian Governmen protect. The Section provides thus:

t those tenets the government seeks to promote and

(1) The State social order is founded on ideals of Freedom, Equality

and Justice.

(2) in furtherance of the social order

( ) every citizen shall have equality of rights, obligations and a

opportunities before the law;

(b) the sanctity of the human person shall be recognized and human dignity shall be maintained
and enhanced;

(c) governmental actions shall be humane; (d) exploitation of human or natural resources in any
form whatsoever for reasons, other than the good of the community,

shall be prevented; and

(e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto
shall be secured and maintained.

(3) The State shall direct its policy towards ensuring that

(a) all citizens, without discrimination on any group whatsoever, have the opportunity for securing
adequate means of livelihood as well as adequate opportunity to secure suitable employment;

(b) conditions of work are just and humane, and that there are adequate facilities for leisure and
for social, religious and cultural life;

(c) the health, safety and welfare of all persons in employment are safeguarded and not
endangered or abused;

(d) there are adequate medical and health facilities for all persons: (e) there is equal pay for equal
work without discrimination on account of sex, or on any other ground whatsoever;

(f) children, young persons and the age are protected against any exploitation whatsoever, and
against moral and material neglect; (g) provision is made for public assistance in deserving cases
or

other conditions of need; and (h) the evolution and promotion of family life is encouraged.

f. Educational Objectives Section 18 of the Constitution of the Federal Republic of Nigeria 1999
(as amended) makes regulations for the educational disposition of the Nigerian Government those
tenets the government seeks to promote and protect in

relation to education in Nigeria. The Section provides thus: (1) Government shall direct its policy
towards ensuring that there are equal and adequate educational opportunities at all levels. (2)
Government shall promote science and technology (3) Government shall strive to eradicate
illiteracy; and to this end Government shall as and when practicable provide (a) free, compulsory
and universal primary education; (b) free secondary education; (c) free university education; and

(d) free adult literacy programme.

g. Foreign Policy Objectives Section 19 of the Constitution makes regulations for the foreign
policy disposition of the Nigerian Government those tenets the government seeks to

promote and protect in regards to Nigeria’s relationship with other countries.

The Section provides thus: 19. The foreign policy objectives shall be (a) promotion and protection
of the national interest; (b) promotion of African integration and support for African unity; (c)
promotion of international co-operation for the consolidation of universal peace and mutual
respect among all nations and

elimination of discrimination in all its manifestations;

(d) respect for international law and treaty obligations as well as the seeking of settlement of
international disputes by negotiation, mediation, conciliation, arbitration and adjudication; and
(e) promotion of a just world economic order.

h. Environmental Objectives Section 20 of the Constitution makes regulations for the

Environmental objectives of the Government those tenets the government seeks to promote and
achieve in attaining Nigeria’s environmental wellbeing. The Section provides that “the State shall
protect and improve the environment and

safeguard the water, air and land, forest and wild life of Nigeria”.

1'. Directives On Culture This provision seeks to make regulations for the cultural disposition of
the Nigerian Government those tenets the government seeks to promote and protect in relation to
culture and cultural practices in Nigeria. The Section provides thus: 21. The State shall

(a) protect, preserve and promote the Nigerian cultures which enhance human dignity and are
consistent with the fundamental objectives as provided in this Chapter; and (b) encourage
development of technological and scientific studies which enhance cultural values. NOTE: The
mass media has also been mandated to ensure they represent the objectives and principles of
Nigeria in a proper manner. Section 22 provides

that “the press, radio, television and other agencies of the mass media shall at all times be free to
uphold the fundamental objectives contained in this

Chapter and uphold the responsibility and accountability of the Government to the people”.

FUNDAMENTAL HUMAN RIGHTS UNDER THE CONSTITUTION OF THE FEDERAL

REPUBLIC OF NIGERIA 1999 (AS AMENDED) The Concept of Rights

Rights are those entitlements which someone can lay claim of. A right is more than a mere
privilege. A right is an entitlement. Whereas, a society without rights is a lawless society, a society
with unlimited rights is also a lawless society, and on a third flip, a society without legal restraint
or limits is a lawless one. This explains the necessity of defining rights and expressly outlining
their limits or restrictions in order to establish and sustain a healthy and law abiding society.

Rights in our context therefore are entitlements which one can lay claim of, and seek their
enjoyment. Quite a number of times, people use the slang ‘it is my right’ hence they make such
statements when they believe they are entitled to what they are laying claim of. For instance,
where a student pays for accommodation in school, he has the right to occupy the apartment
without disturbance by the Landlord, or indeed, any other co-tenant. The same also applies to
student who pays his tuition and all other charges and dues; he has the right to full studentship of
the institution.

The restrictions required in the exercise and enjoyment of rights is very essential in that, it will
provide a healthy limit and restraint from possible manipulation and conflicts of interest. Since
man does not leave alone as an

island in the world, he requires some healthy restraints to curtail excesses,

Student A and Student B all paid for hostel spaces in school and it is the

practice that two students are usually paired up in a room; both Student A and Student have
independent and Individual rights to the use and enjoyment of

the room allocated how then can you ensure they live together in the same room? Each of the
students must have some legal restraint on the exercise and enforcement of their desperate rights,
and this is done so that where the rights of Student A stops, that of Student 8 will start.
The Concept of Human Rights

A notorious fact in considering the concept of human right is the difficulty encountered by legal
writers in their attempts to define human rights. Their strenuous attempts only gave rise to many
divergent views of the concept. Most of them are better considered as descriptions of the concept
rather than definition:

The issues of human rights by definition breeds confrontation. Raising the issue touches on the
very foundation of a regime, on its source and exercise of power and its link to its citizens or
subjects. it is a dangerous issue".

it is because of this that most human rights instruments will rather list the human rights than to
attempt to define the concept.

Cranston defines human right as:

Something of which no one may be deprived without a great affront to justice. There are certain
deeds which should never be done, certain freedoms which should never be invaded, some

things which are suppressively sacred.

This definition for all intents and purposes sounds descriptive of what human right is perceived to
be. It is more’idealistic than definitive. In the same vein,

Professor Umozurike defines human rights as:

...claims, which are invariably supported by ethics and which

should be supported by law, made in society, especially on its W A “W

official managers, by individuals or groups on the basis of their humanity. They apply regardless
of race, colour, sex or other distinction and may not be withdrawn or denied by governments,
people or individuals... they are those rights which every individual

claims or aspires to enjoy irrespective of his colour, race, religion, status in life etc

Some writers consider human rights as inalienable and inseparable to man and

Donnely posited that “...to have human rights, one does not have to be anything

other than being a human being”.

!q”

For the purpose of this work, I will make use of the definition proffered by Osita Eze, who posited
thus:

Human rights represent demand or claims which individuals or groups make on society, some of
which are protected by law and

have become part of Lex Lata while others remain aspirations to be attained in the future.

The fact that the rights are inherent in them because of their humanity is sufficient for the rights to
be considered human rights while also, when the rights are enshrined and protected (guaranteed)
in the constitution or any

supreme law of the state, it becomes fundamental right, hence, enforceable in court.
Human rights are fundamental when they are entrenched in a written law (usually national
constitutions and international human rights instruments, or some other statutes), thereby making
it difficult for governments to derogate from or deny them easily, according to their whims and
caprices. internationally, human rights violations are not just seen as the Violation of the

rights of the individuals directly affected by the acts of the violation but it is

seen as the violation of the rights of all humanity.

The rights considered as fundamental human rights are not absolute rights, it

means that they are restrictions and requirements on how best they should be

exercised:

All fundamental rights are in the final analysis rights which impose limitations on executive
government and are accordingly easily justiceable. By contrast, economic and social rights are
different. They do not impose any limitation on governmental powers. They impose obligations of
a kind which are not justiceable. To insist that the right to freedom of expression is the same kind
of “right” as the “right" to free medical facilities and can be treated alike in

a constitutional document is in the least basically unsound"

The definition suggested by Osita Eze brings out the two major aspects of fundamental human
rights to wit:

Fundamental human rights these are the rights that are outlined in and protected by the sovereign
law of a state. In Nigeria, Sections 33 to Sections 45 of the 1999 Constitution outline and protect
several human rights, hence, any person who is of the opinion that his right is being infringed
upon or that his right is likely to be infringed upon shall apply to the High Court for redress. By
virtue of Section 46 of the 1999 Constitution, the rights

in chapter IV of the Constitution are justiceable and enforceable in court.

Human rights simpliciter (usually non justiceable or inspirational). These rights

are those which are not provided for and protected under the law; clear examples of this category
of rights are those contained in Chapter ll of

Nigeria’s 1999 Constitution. They are, by virtue of Section 6(6) (c) non\ justiceable in any court in
Nigeria as the constitution expressly strips all courts

of the jurisdiction to consider any question touching on the provision of Chapter II of the
Constitution. We shall discuss a little on this subsequently.

In summary, fundamental human rights can be said to be those sets of entitlements which the law
guarantees and protects; they are more than mere privileges.

In summary, fundamental human rights can be said to be those sets of

entitlements which the law guarantees and protects; they are more than mere privileges.

HUMAN RIGHTS UNDER CHAPTER II OF THE 1999 CONSTITUTION OF THE FEDERAL

REPUBLIC OF NIGERIA (AS AMENDED)

Rights under Chapter II of the Nigerian Constitution are such as are referred to as non justiceable
rights. They are so referred because the law (constitution) does not guarantee their protection and
enforcement. Chapter II of the 1999 Constitution is headed Fundamental Objectives and Directive
Principles of State Policy captured under sections 13 to 24 and the areas it regulates include:
fundamental obligations of the Government to ensure the protection and enforcement of the
provisions of Chapter II of the constitution, economic rights, educational rights, provision of and
access to good food, portable drinking water, health facilities and medical care, free basic primary
education to extend also to secondary and tertiary as much as practicable; it also entrenches
political sovereignty to the people of Nigeria from whom the government will receive its
legitimacy, good working condition, clean and healthy environment, cultural diversities, general
rights and duties of citizens in Nigeria, ensuring the feeling of equality and justice in the
distribution of rights and privileges, social justice, equality before the law, equal

h..1

representation on the basis of federal character, etc. these rights ordinarily will be considered key
for every human existence, and in order to ensure a happy life for all humans, other rights, as we
will emphasize will not be well enjoyed and enforced in the absence of these rights. By virtue of
the provision of Section 13 of the constitution, the government is under duty to ensure the
enforcement and protection of the provisions of the entire provisions of Chapter ll of the
constitution: it provides thus: It shall be the duty and responsibility of all organs of government,
and of all authorities and persons, exercising legislative, executive or judicial powers, to conform
to, observe and apply the provisions of this Chapter of this Constitution. This provision makes it a
duty for the government to obey, enforce and protect the rights and other provisions of this whole
chapter, but by the provision of section 6(6)(c) of the same constitution, it provides that: (6) The
judicial powers vested in accordance with the foregoing provisions of this section (c) shall not
except as otherwise provided by this Constitution, extend to any issue or question as to whether
any act of omission by any authority or person or as to whether any law or any judicial decision is
in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in
Chapter II of this Constitution; (italics mine for emphasis) This provision clearly deprives every
citizen of the approaching any court to seek redress should any of the rights and entitlements in
the whole Chapter ll of the constitution is infringed or violated. This makes the provisions of
chapter

II to be regarded as non-justiceable since it cannot be enforced in court.

Civil and Political Rights

The civil and political rights are said to be those rights that ensure basic freedoms for the citizens
and such rights as the citizens necessarily need in order that they live free from oppression or
domination by others. Rights such as right to life, freedom of association and the press, freedom of
movement, freedom from discrimination etc; they are contained in Chapter N of Nigeria’s

Constitution. They are also referred to as justiceable rights.

HUMAN RIGHTS UNDER CHAPTER FOUR

Knowing what rights you have and are entitled to saves you from a lot of troubles. It is better to
know your rights and refuse to enforce it than to fail to enforce your rights because you do not
know about it; hence, we shall consider the basic rights as provided for under the Constitution of
the Federal Republic of Nigeria. The essence is to bring to a clearer understanding what rights
exists, to what extend should such rights be preserved and under what circumstances, if any, can
such rights be restricted or limited wither in scope, application of enforcement.

l have already discussed the concept and nature rights generally, but need i say that the nature of
the rights under Chapter Four of the 1999 Constitution are such as are regarded as Fundamental.
Fundamental Rights as said are those rights which are acknowledged and guaranteed under a
written law and required to be enforced and protected by the law and all of its agencies. The
several categories of fundamental rights are captures between Sections 33 to section 46 of the
1999 Constitution as follows:

Section 33 Right to Life

Section 34 Right to dignity of Human Person Section 35 Right to personal liberty

Section 36 Right to fair hearing

Section 37 Right to private and family life

Section 38 Right to freedom of thought, conscience and religion

SeCtion 39 Right to freedom of expression

Section 40 Right to peaceful assembly and association

Seation 41 Right to freedom of movement

SeCtion 42 Right to freedom from discrimination

Seetion 43 Right to acquire and own immovable property

Section 44 Compulsory acquisition of property

Section 45 Restriction on and derogation from fundamental human rights Section 46 Special
Jurisdiction of High Court and Legal Aid

Some of the provisions of the Constitution are self explanatory as you read

through them, but I shall make some little notes on some aspects of the rights as will be discussed
for clarity and easy understanding, but take note of the general provisions and regulations in the
constitution as provided. Before we delve into discussing these sets of rights, it is pertinent to state
the reason why'these rights are considered as fundamental. As already stated, human rights are
fundamental because they have been entrenched in a written law (in this case, the constitution) and
their enforcement guaranteed. While section 6(6)(c) prevents, as a general rule, the enforcement of
the provisions of chapter ll of the constitution unless it is otherwise provided; meanwhile, section
46 of the Constitution guarantees the enforcement and protection of the rights provided for under
chapter IV of the Constitution: 46. (1) Any person who alleges that any of the provisions of this
Chapter has been, is being or likely to be contravened in any State in relation to him may apply to
a High Court in that State for redress.

Noting the diverse powers and roles vested in the arms of government, it is required that the
government will not derogate from the rights so vested in any

individual or group either through legislation, executive measures or decisions and/ or judicial
interpretation or pronouncement, except in accordance with

the law.

The differences in the choice of words as contained in Section 6(6)(c) indicate that the courts are
not to enquire into any question whether anything was done or not done in accordance with the
provision of Chapter II of the Constitution while the words employed by Section 46 clearly
indicate that anyone who believes his rights in Chapter IV of the constitution has been (in the
past), is being (in the present), or is likely to be violated (in the future) can approach any High
Court within the state where he/she is resident for redress.
It must be stated here that there are no absolute rights. This means that the rights of A starts where
the rights of B stops. My rights to swing my arms must stop where your own rights to protect your
nose begins. Any society that lays claim of rights in absolute terms (without restrictions or
qualifications) will fall into self destruct. This means therefore, that the law that guarantees rights
must also regulate the extent to which the rights can be enforced and exercised. Virtually all the
limitations to the exercise of the rights are to the extent that they are so limited on grounds of a
lawful execution of a judgment

of a competent court or in adherence to the provision of a law in force.

Take note of every exception as may be created under each of the rights

discussed below:

EXAMINATION OF RIGHTS UNDER CHAPTER IV OF THE CONSTITUTION SECTION

33RIGHT TO LIFE Section 33 (1) Every person has a right to life, and no one shall be deprived
intentionally of his life, save in execution of the sentence of a

court in respect of a criminal offence of which he has been found

guilty in Nigeria.

(2) A person shall not be regarded as having been deprived of his

life in contravention of this section, if he dies as a result of the

use, to such extent and in such circumstances as are permitted by

law, of such force as is reasonably necessary

(a) for the defence of any person from unlawful violence or for the

defence of property:

(b) in order to effect a lawful arrest or to prevent the escape of a

person lawfully detained; or

(c) for the purpose of suppressing a riot, insurrection or mutiny. No one is to be deprived of his
life except where such deprivation is done in execution of a valid court judgment (death sentence)
or a law in force (like the law of self defence which entitles someone who necessarily will have to
use reasonable force in protection of his life, person or property or such other person(s) as is
lawfully under his care or protection, like a ward, spouse etc). Self defence is this wise, can only
serve as a shield and not a sword. It is a shield against culpability of being liable of committing an
offence, for instance, where Mr. A’s house was invaded by some armed bandits who, in an attempt
to rob the house and cart away with valuable items were confronted with opposition from Mr. A
who had spotted the miscreants while they invaded his house with their weapons and he lunches a
defensive attack by reciprocating their shootings or hitting any of the attackers with a cutlass on
the head resulting into the death of the attacker(s). Mr. A will not be held liable for the offence of
culpable homicide punishable with death (Murder) or any su< related offence, because what
happened occurred in his attempt to protect life and property.

It must be borne in mind however that the law of self defence is duly regulated
by what is known as the proportionality test. The law will determine how reasonably proportional
the force used in the self defence to the impending danger which was sought to be averted or
contended this means therefore, for instance, Mr. A will be liable of committing an offence if he
shot at B (with a gun) who was approaching to attack him bare handed; or that he hit B with a
stick on the head when B slapped him on the cheek. The force used in the defence in this wise
does not seem proportional to the impending danger. In the same vein, the law does not strictly
apply as the circumstances of each case will determine what reasonable and proportional force
will. In the case of

Aliu Bella and Ors v A.G of Oyo State (1986) 5 NWLR (p345) 828, one Nasiru Bello was
sentenced to death and while his appeal was still pending before the

court of Appeal, the said Bello was executed. The court considered his execution unlawful and a
violation of his right to life.

SECTION 34RIGHT TO DIGNITY OF HUMAN PERSON Section 34 (1) Every individual is

entitled to reSpect for the dignity of his

person, and accordingly

(a) no person shall be subject to torture or to inhuman or degrading treatment;

(b) no person shall he held in slavery or servitude; and

(c) no person shall be required to perform forced of compulsory labour.

(2) for the purposes of subsection (1) (c) of this section, "forced or

compulsory labour" does not include

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

(b) any labour required of members of the armed forces of the Federation or the Nigeria Police
Force in pursuance of their duties

as such; (c) 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; (d) 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 (e) any labour or service that forms part of (i) normal communal or other civic
obligations of the well-being of the community. (ii) such compulsory national service in the armed
forces of the Federation as may be prescribed by an Act of the National Assembly, or (iii) such
compulsory national service which forms part of the education and training of citizens of Nigeria
as may be prescribed by an Act of the National Assembly. This right provides that everyone
should be treated with dignity and respect. No one should be treated in a manner as will depict a
disregard or humiliation of his person, it will be dehumanizing should a human being be
unjustifiably made to do what will be considered as disgraceful or embracing to his person in a
particular circumstance. For instance, the common brutality of some commuters by some security
personnel; making the SUG President to lie down in the open glare of the students of his campus
simply because he refused to give some manner of bribe or requesting a lecturer to kneel down
around the University gate because he violated traffic regulation. Also, it is a violation 0

this right where a person, though sentence to some terms of imprisonment (without an order of
hard labour) is subjected to hard labour while in custody. The particular act meted on an individual
will be determined in the context of the circumstances as there may be no particular “act” that at
every material time qualify as infringing on the dignity of a person. However, any act that is
capable of lowering the standard of a particular person in the estimate of the right thinking
members of a society is considered as degrading.

Note the exception created to particular disciplines like the Nigerian Army or

some other regiments who, may be, as part of their training and practice may

be exposed to some harsh treatments as are permitted in such fields for effective execution of their
lawful duties.

SECTION 35 RIGHT TO PERSONAL LIBERTY

Section 35 (1) Every person shall be entitled to his personal liberty and no person shall be
deprived of such liberty save in the following cases and in accordance with a procedure permitted
by law (a) in execution of the sentence or order of a court in respect of a criminal offence of which
he has been found guilty; (b) by reason of his failure to comply with the order of a court or in
order to secure the fulfillment of any obligation imposed upon him by law; (c) for the purpose of
bringing him before a court in execution of the order of a court or upon reasonable suspicion of his
having committed a criminal offence, or to such extent as may be reasonably necessary to prevent
his committing a criminal offence;

(d) in the case of a person who has not attained the age 0! eighteen years for the purpose of his
education or welfare;

(e) in the case of 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; or .

(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the
expulsion, extradition or other lawful removal from Nigeria of any person or the taking of
proceedings relating thereto: .

Provided that a person who is charged with an offence and who has been detained in lawful
custody awaiting trial shall not continue to be kept in such detention for a period longer than the
maximum period of imprisonment prescribed for the offence.

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering
any question until after

consultation with a legal practitioner or any other person of his own choice.

(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours
(and in a language that he understands) of the facts and grounds for his arrest or detention. (4) Any
person who is arrested or detained in accordance with subsection (1) (c) of this section shall be
brought before a court of law within a reasonable time, and if he is not tried within a period of

(a) two months from the date of his arrest or detention in the case of a person who is in custody or
is not entitled to bail; or

(b) three months from the date of his arrest or detention in the

case of a person who has been released on bail, he shall (without prejudice to any further
proceedings that may be brought against
him) be released either unconditionally or upon such conditions as are reasonably necessary to
ensure that he appears for trial at a later date.

(5) In subsection (4) of this section, the expression "a reasonable time" means

(a) in the case of an arrest or detention in any place where there is a court of competent
jurisdiction within a radius of forty kilometres, a period of one day; and (b) in any other case, a
period of two days or such longer period as in the circumstances may be considered by the court to
be reasonable. (6) Any person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or person; and in this subsection,
"the appropriate authority or person" means an authority or person specified by law. (7) Nothing in
this section shall be construed (a) in relation to subsection (4) of this section, as applying in the
case of a person arrested or detained upon reasonable suspicion of having committed a capital
offence; and (b) as invalidating any law by reason only that it authorizes the detention for a period
not exceeding three months of a member of the armed forces of the federation or a member of the
Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the
Federation or of the Nigeria police force, in respect of an offence punishable by such detention of
which he has been found guilty.

This right is to ensure that no person is compelled, against his will, to do I thing which he
ordinarily will not do or be prevented against his will from doing

what he ordinarily would have done. This right seeks to forestall situations where a person would
be made to do something against his will. It is desirable that every human being should be at
liberty to do that which he would want to or not want to do, without coercion, force, duress or
undue influence.

Note however the exceptions created those in military training compelled to do that which the law
requires them to do. Where a person refuses or resists

arrests, he can be compelled through arrest (with or without reasonable force)

and be taken to the station; where a child, for the purpose of his education or safety is prevented
from doing as he may chose to do by his parent or guardian; where a curfew is imposed in an area
to forestall break down of law and order;

where a road is blocked for construction purposes and commuters are compelled to take longer
routes; etc

SECTION 36RIGHT TO FAIR HEARING

Section 36 (1) In the determination of his civil rights and obligations, including any question or
determination by or against any government or authority, a person shall be entitled to a fair
hearing within a reasonable time by court or other tribunal established by law and constituted in
such manner as to secure its independence and impartiality. (2) Without prejudice to the foregoing
provisions of this section, a law shall not be invalidated by reason only that it confers on any
government or authority power to determine questions arising in the administration of a law that
affects or may affect the civil rights and obligations of any person if such law (a) provides for an
opportunity for the persons whose rights and obligations may be affected to make representations
to the

administering authority before that authority makes the decision

affecting that person; and

(b) contains no provision making the determination of the administering authority final and
conclusive.
(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned
in subsection (1) of this section (including the announcement of the decisions of the court or
tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offence, he shall, unless the charge is
withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal:

Provided that

(a) a court or such a tribunal may exclude from its proceedings persons other than the parties
thereto or their legal practitioners in the interest of defence, public safety, public order, public
morality, the welfare of persons who have not attained the age of eighteen years, the protection of
the private lives of the parties or to such extent as it may consider necessary by reason of special
circumstances in which publicity would be contrary to the interests of justice;

(b) if in any proceedings before a court or such a tribunal, a Minister of the Government of the
Federation or a commissioner of the government of a State satisfies the court or tribunal that it
would not be in the public interest for any matter to be publicly disclosed, the court or tribunal
shall make arrangements for evidence relating to that matter to be heard in private and shall

take such other action as may be necessary or expedient to Prevent the disclosure of the matter.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he
is proved guilty;

Provided that nothing in this section shall invalidate any law by reason only that the law imposes
upon any such person the burden of proving particular facts.

(6) Every person who is charged with a criminal offence shall be entitled to

(a) be informed promptly in the language that he understands and in detail of the nature of the
offence; ‘

(b) be given adequate time and facilities for the preparation of his defence;

(c) defend himself in person or by legal practitioners of his own choice;

(d) examine, in person or by his legal practitioners, the witnesses called by the prosecution before
any court or tribunal and obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court or tribunal on the same

conditions as those applying to the witnesses called by the prosecution; and

(e) have, without payment, the assistance of an interpreter if he cannot understand the language
used at the trial of the offence. (7) When any person is tried for any criminal offence, the court or
tribunal shall keep a record of the proceedings and the accused person or any persons authorized
by him in that behalf shall be entitled to obtain copies of the judgment in the case within seven
days of the conclusion of the case.

(8) No person shall be held to be 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 (9) No person who shows that he
has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either
convicted or acquitted shall again be tried for that offence or for a criminal offence having the
same ingredients as that offence save upon the order of a superior court. (10) No person who
shows that he has been pardoned for a criminal offence shall again be tried for that offence. (11)
No person who is tried for a criminal offence shall be compelled to give evidence at the trial. (12)
Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal
offence unless that offence is defined and the penalty therefore is prescribed in a written law, and
in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any
subsidiary legislation or instrument under the provisions of a law. The entire provisions of this
section are to be revered with utmost sense of duty. Fair hearing is the bedrock of every just and
sound judgment. The presumption of innocence of every one charged with the commission of an
offence, to constituting the panel to try such a person in a manner to ensure the trial is fair, to
ensuring the person standing any manner of trial is allowed to defend the allegations against him
or to explain himself in the best way possible and permitted by law etc are guaranteed. It will be a
violation of this right for instance, to make the father of John to be the judge over an allegation
that James stole John’s phone. No matter what John's father does in this case, it is already tainted
with ill-motive. For instance, where John’s father finds James guilty, everyone would say “what
else could we have expected? After all, blood is thicker than water. If John’s father finds James
not guilty and sets him free. People would say “well, he wasn’t to show he is a good and just
man". The best thing to do in the circumstances is to get someone who is in and who can be seen
to maintain a neutral position. This does not mean that every time someone is directly or indirectly
connected to a trial process, no matter how remote, is tainted with bias, but the law ensures that
such circumstances of likely bias are checked. And you must ensure you afford reasonable
opportunity and facility for anyone accused of wrong doing to defend himself in order to put away
the suspicion or the allegation you cannot refuse such person the opportunity to defend himself
before his rights and liabilities are concerned. Note also that there are regulations and expectations
on the part of the “suspect" as to how best he is expected to ensure he defends himself.

The right to fair hearing is the one right does not admit exceptions to its enforcement this means
that once it is shown that the person has been unfairly tried in a manner as did not guarantee just
trial, the entire proceeding will be quashed or set aside. Fair hearing stands on the concept of
natural justice which is depicted by two latin maxims: Nemo Judex Incausa sua and Audi Alterem
Patem which literally means you cannot be a judge in your own cause and listen to both parties
respectively. See the case of ALAPIKI V THE GOVERNOR 0F RIVERS STATE [199118 NWLR
(Pt. 211) 575
SECTION 37RIGHT To PRIVATE AND FAMILY LIFE Section 37 The privacy of citizens, their
homes, correspondence, telephone

conversations and telegraphic communications is her

guaranteed and protected.

Related to the right to personal liberty, everyone is at liberty to decide how he

leaves his personal or family life. No one is to be coerced into living his life in a particular manner
or how he governs his family. it is expected that what is private and family should remain so, this
does not however limit the right of the law to ensure the choice of lifestyle and treatment of family
members are done in accordance with the law. Very little has been said about this category of right
in that it can also be extended to include areas such that a person cannot therefore assume total
freedom from being regulated by the law as per his way of life and what he indulges in. To ensure
that what is personal and family remains so, it must be in accordance with the regulation of the
law. The privacy is also extended to telephone conversations and messages as well as other
communication but where upon reasonable suspicion of being a part of a crime syndicate, a
person’s communication and other messages or telephone conversations can be monitored or
accessed. this then will not translate into

a breach of the right to private and family life. See the case of R v Chalkley; R vJeffries [1998] 2
ALL ER. 155
SECTION 38RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

Section 38 (1) Every person shall be entitled to freedom of thought, conscience and religion,
including freedom to change his religion or belief, and freedom (either alone or in community
with others, and in public or in private) to manifest and propagate his religion or belief in worship,
teaching, practice and observance.

(2) No person attending any place of education shall be required to receive religious instruction or
to take part in or attend any religious ceremony or observance if such instruction ceremony or

observance relates to a religion other than his own, or religion not approved by his parent or
guardian.

(3) No religious community or denomination shall be prevented from providing religious

instruction for pupils of that community or

denomination in any place of education maintained wholly by that community or denomination.

(4) Nothing in this section shall entitle any person to form, take

part in the activity or be a member of a secret society. This right guarantees the freedom to think
anything you want to or you can think. Take note that it does not extend to the freedom to practice
or execute what you are thinking, after all, nobody knows the mind of a man, not even the devil.
So long it stops at the level of thoughts (without necessary sharing or executing it) you are
covered by the law. Just keep thinking but be careful to keep it at the level of your thoughts. The
right also guarantees the right to determine what to you will be good or bad. Matters of conscience
come into play on issues that no law permits or prohibits necessarily. Helping the needy in the
society, giving alms, assisting an elderly man with his load, giving description to a stranger on
how to find his route, etc, there is no law that stipulates these acts as a duty nor is there any known
punishment for those who fail to them. Everyone is allowed to decide whether his conscience
permits him to do such things, (and such others in like manner) or not. A student who fails to
assist an elderly woman with her umbrella during a heavy rain while rushing for GST 103 lectures
on a cold and rainy morning may be deemed to have violated someone else’ moral sensitivity who
possibly would have given up the lecture just to help the elderly woman’ there is no law that
makes that a duty or an offence, it is a matter of conscience. In the same vein, the law entitles and
allows anyone to choose his religion or belief and practice it and that right to chose also extends to
his right to change

such religion or belief. it is not an offence therefore for anyone to choose or

change a particular religion everyone is at liberty to do so. Making either choosing a religion of
choice or changing religion from one to another is a gross violation of this right. Note however the
rights and power of a parent or

guardian over a child.

SECTlON 39RIGHT TO FREEDOM OF EXPRESSION Section 39 (1) Every person shall be

entitled to freedom of expression, including freedom to hold opinions and to receive and impart
ideas

and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be
entitled to own, establish and operate any medium for the dissemination of information ideas and

opinions:
Provided that no person, other than the Government of the Federation or of a State or any other
person or body authorized by the President on the fulfillment of conditions laid down by an Act of
the National Assembly, shall own, establish or operate a

television or wireless broadcasting station for, any purpose

whatsoever. (3) Nothing in this section shall invalidate any law that is

reasonably justifiable in a democratic society

(a) 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;

or (b) imposing restrictions upon persons holding office under the

Government of the Federation or of a State, members of the

armed forces of the Federation or members of the Nigeria Police Force or other Government
security services or agencies established by law. A person is free to express himself in the way and
manner he so desires, so long as what he says and how he says it is within the confines of the
regulation of the law. it is permitted to also own a means of disseminating information like a
media outfit or a publication outlet it should however be governed by the law in order that the
rights of others can be protected and enforced. While the law provides access to information under
the Freedom of information Act, the law creates the civil wrong of Defamation of Character,
which is further divided into libel (derogatory or insulting words published in writing) and slander
(derogatory statements of words spoken by words of mouth). Anything said or written about
another which is derogatory or demeaning and capable of lowering his estimation in the eyes of
the right thinking members of the society is considered defamatory and actionable in law ~ Note
that the regulation of the law as to the ingredients to be established before such a wrong is proved
as necessary. SECTION 40RlGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION Section
40 Every person shall be entitled to assemble freely and associate with other persons, and in
particular he may form or belong to any political party, trade union or any other association for the
protection of his interests: Provided that the provisions of this section shall not derogate from the
powers conferred by this Constitution on the independent National Electoral Commission with
respect to political parties to which that Commission does not accord recognition.

Except for organizations or associations which are expressly prohibited by the law like Secret
Societies, cult groups, terrorist organization, other associations

established or coordinated in order to achieve illegality or in promotion of an unlawful goal, no

one is prevented from associating himself with lawful organizations. Belonging or associating
one’s self with illegal organizations may be a strict liability offence, just as the provisions of the
Terrorism Prevention Act in Nigeria meets being a part of or aiding the propagation or execution
of any terrorist activity can be punished with a maximum punishment of death while the house or
structure suspected to be housing such terrorists can be demolished upon reasonable suspicion.

The regulation and legal requirements for the existence of an organization or company or
association must be followed. For instance, a professional association must be registered
according to the law governing and regulating the existence and management of such associations
in order for it to be legal. Belonging to a political party will require that the political party must be
registered and licensed to exist and adhere to regulatory agency’s regulations, like Independent
National Electoral Commission (lNEC) etc.

SECTION 41RIGHT TO FREEDOM OF MOVEMENT

Section 41 (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside
in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry
thereby or exit there from. (2) Nothing in subsection (1) of this section shall invalidate any law
that is reasonably justifiable in a democratic society(a) imposing restrictions on the residence or
movement of any

person who has committed or is reasonably suspected to have

committed a criminal offence in order to prevent him from leavmg Nigeria; or

(b) providing fOr the removal of any person from Nigeria to any other country to:

(i) be tried outside Nigeria for any criminal offence, or (ii) undergo imprisonment outside Nigeria
in execution of the

sentence of a court of law in respect of a criminal offence of which he has been found guilty:

Provided that there is reciprocal agreement between Nigeria and

such other country in relation to such matter. Very closely related to the Right to personal liberty,
the main thrust of this right it that, no one should be deprived from moving to places of his choice.
Everyone is entitled to move freely in any part of the country without obstruction. This however
does not amount to an absolute right to enter premises restricted for special purposes such as
security outfits or technical areas in companies or laboratories etc. a house, school, office,
government house, etc, should not be considered as a free land to exercise your right of freedom
of movement, hence, where you are required by law to secure approval or consent before you can
access, you are so bound by law to seek the approval as failure to do so will amount to trespass. In
this wise, you also have the right of ingress and exit from Nigeria. A special dimension to this will
be that where you do not meet up with the required international regulations to enable you move
freely, you will be deprive of such right and also, where you have committed an offence in Nigeria
and you run over to America, if that same act which you committed in Nigeria is also an offence
in America, America will be under a duty to repatriate you back to Nigeria to face your trial

if they have that special relations with Nigeria.

Not also that where a person has been remanded in police custody of has been arrested upon any
reasonable suspicion of having committed an offence, it must be borne din mind that such
restriction of movement is not a breach of

this right. So where an offence is punished by a competent court or by law, such restriction is
allowed and justifiable, it will not amount to the an infringement of such right; while the civil
wrongs of false imprisonment and nuisance are created to protect the rights of individuals from
possible violations, the civil wrong of trespass or the crime of criminal trespass are created to
curtail excesses in the exercise of freedom of movement without consent into areas where consent
or permission is required.

Note also that there is an offence of loitering or wondering (vagabond) which the law creates, to
curtail aimless movements. See the provisions on an Idle Person and a Vagabond in Chapter XXV
of the Penal Code Law of Northern

Nigeria, especially Sections 405 and 46.

SECTION 42RIGHT TO FREEDOM FROM DISCRIMINATION

Section 42 (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex,
religion or political opinion shall not, by reason only that he is such a person:(a) be subjected
either expressly by, or in the practical application of, any law in force in Nigeria or any executive
or administrative action of the government, to disabilities or restrictions to which citizens of
Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions
are not made subject; Or; (b) be accorded either expressly by, or in the practical application of,
any law in force in Nigeria or any such executive or administrative action, 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.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the
circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law by reason only that the law
imposes restrictions with respect to the appointment of any person to any office under the State or
as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an
office in the service of a body,

corporate established directly by any law in force in Nigeria.

The basis for this right is that, no one should be subjected to any disadvantage or peril on the basis
of circumstances of his/ her birth, religion, ethnicity, political affiliation etc. the right encourages
merit and national integration rather than favoritism, sectionalism and dissentions. There is
therefore no concept such as legitimate or illegitimate children under the law. Nobody should be
discriminated against simply because his parents, without his own making, ventured into what is
regarded to as illicit sexual affair and gave birth to him/ her “out of wedlock”. The concept of out
of wedlock is only to show that there is no official marriage between the parties involve, but has
nothing to do with expressing how less human the fruit of that union is. See the case of Ealing
London Borough Council v Race Relations Board and Another [1971] 1 Q. B. 309 and OGOYI V
UMAGBA [1995] 9 NWLR (PT. 419) 283

There are several customary practices in Nigeria that have been established, in the past, though in
violation of the constitutional principle that predated the enactment of the independence
constitution, 1960; practices such as preference of male children over the females is a violation of
this right, declaration of the “outcasts” in a community, the ‘obanje spirits’ assigned to persons
with uniquely fairer skin complexions than others, like the Albinos or those with unique eye
pigments etc.

SECTION 43RIGHT TO ACQUIRE AND OWN IMMOVABLE PROPERTY Section 43 Subject

to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and
own immovable property

anywhere in Nigeria. Here is absolutely no limitation or restriction as to the qualification or

requirement for someone to become qualified to buy or own moveable properties anywhere in
Nigeria. The law does not forbid or restrict a woman from owning or purchasing an immovable
property anywhere in Nigeria. The restrictions by some ethnic ideologies are therefore in breach
of this constitutional provision. This provision, in concert with the right to freedom from
discrimination may also be stretched in support of the argument against the entitlement of female
members of the family to own and inherit property, including landed properties. SECTION
44COMPULSORY ACQUISITION OF PROPERTY Section 44 (1) No moveable property or any
interest in an immovable property 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 in the
manner and for the purposes prescribed by a law that, among other things (a) requires the prompt
payment of compensation therefore 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 a court of law or tribunal or body having jurisdiction in that part of Nigeria. (2)
Nothing in subsection (1) of this section shall be construed as affecting any general law.

(a) for the imposition or enforcement of any tax, rate or duty;

(b) for the imposition of penalties or forfeiture for breach of any law, whether under civil process
or after conviction for an offence; (c) relating to leases, tenancies, mortgages, charges, bills of sale
or any other rights or obligations arising out of contracts. (d) relating to the vesting and
administration of property of persons adjudged or otherwise declared bankrupt or insolvent, of
persons of unsound mind or deceased persons, and of corporate or unincorporated bodies in the
course of being wound-up; (e) relating to the execution of judgments or orders of court;

(f) providing for the taking of possession of property that is in a dangerous state or is injurious to
the health of human beings, plants or animals;

(g) relating to enemy property;

(h) relating to trusts and trustees;

(i) relating to limitation of actions;

(j) relating to property vested in bodies corporate directly

established by any law in force in Nigeria;

(k) relating to the temporary taking of possession of property for the purpose of any examination,
investigation or enquiry; (l) providing for the carrying out of work on land for the purpose of

soil-conservation; or

(m) subject to prompt payment of compensation for damage to buildings, economic trees or crops,
providing for any authority or person to enter, survey or dig any land, or to lay, install or erect
poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or
maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or

other public facilities or public utilities.

(3) Notwithstanding the foregoing provisions of this section, the entire property in and control of
all minerals, mineral oils and natural gas in under or upon any land in Nigeria or in, under or upon
the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of
the Federation and shall be managed in such manner as may be prescribed by the National
Assembly. Flowing from Section 43 of the Constitution, while it guarantees every one the right to
acquire and own immovable properties anywhere in Nigeria, like land, section 44 of the
Constitution acknowledges reserved power 0 the government to compulsorily acquire such landed
properties for what is usually considered as overriding public interest. The [and Use Act vests all
lands in the government of Nigeria (in the governor of every state). Section 1 of the Act vests all
lands in the State Governors who holds such lands in trust and administers same for the good and
benefit of all the people. Part V (Section 28) of the Act provides for compulsory acquisition of the
lands from title holder the Governor can revoke the titles given to holders and Section 29 provides
for the Government to pay compensation for alternative accommodation or for resettlement; the
law surely regulates how and who is entitled for compensation and who is not; the concept of the
compensation is usually to cover for what is considered improvements on the land though
compensation is also payable on bare lands provided that the land is being revoked for purposes of
overriding public interest: overriding public may be that a land is being compulsorily acquired by
the government in order to give it over for the establishment of a school, factory, or such other
facility

as may be beneficial to a wider or generality of the people in the community.

RESTRICTION ON AND DEROGATION FROM FUNDAMENTAL HUMAN RIGHTS

Section 45 (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any
law that is reasonably justifiable in a

SECTION 45

democratic society (a) in the interest of defence, public safety, public order, public

morality or public health; or (b) for the purpose of protecting the rights and freedom or other

persons (2) An act of the National Assembly shall not be invalidated by

reason only that it provides for the taking, during periods of emergency, of measures that derogate
from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in
pursuance of any such act during any period of emergency save to the extent that those measures
are reasonably justifiable for the purpose of dealing with the situation that exists during that

period of emergency: Provided that nothing in this section shall authorize any derogation

from the provisions of section 33 of this Constitution, except in respect of death resulting from
acts of war or authorize any derogation from the provisions of section 36(8) of this Constitution.
(3) In this section, a " period of emergency" means any period during which there is in force a
Proclamation of a state of emergency declared by the President in exercise of the powers conferred
on him under section 305 of this Constitution.

This section acknowledges the rights provided for in Chapter IV of the

constitution but however, provides an exemption for any law which may tend

to be at variance with the provisions of Section 33 (Right to life), 35 (Right to

Personal Liberty), 37 (Right to Private and Family Life), 38 (Right to Freedom of Thought,
Conscience and Religion), 39 (Right to Freedom of Expression and the Press), 40 (Right to
Peaceful Assembly and Association), 41 (Right to Freedom of Movement). The restriction is as
qualified in the provisions of Section 45 which clearly outlines the reasons as including any
restriction on these sets of rights pursuance to an overriding public interest, public safety, public
order,

public morality, public health, democratic tenets, periods of emergency (with

the exception of moments of war) etc. As a general rule however, the government or any authority
or person is not

allowed to derogate from the rights provided under Chapter IV of the Constitution. To derogate in
the legal parlance means to partially repeal, restrict the application or scope of a thing, or to
detract or depreciate the

value of a thing.

SECTION 46SPECIAL JURISDICTION OF HIGH COURT AND LEGAL AID

Section 46 (1) Any person who alleges that any of the provisions of this Chapter has been, is being
or likely to be contravened in any State

in relation to him may apply to a High Court in that State for

redress. (2) Subject to the provisions of this Constitution, a High Court shall
have original jurisdiction to hear and determine any application made to it in pursuance of this
section and may make such orders, issue such writs and give such directions as it may consider
appropriate for the purpose of enforcement or securing the enforcing within that State of any right
to which the person who makes the application may be entitled under this Chapter.

(3) The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a
High Court for the purposes of this section.

(4) The National Assembly

(a) may confer upon a High Court such powers in addition to those conferred by this section as
may appear to the National Assembly to be necessary or desirable for the purpose of enabling the
court more effectively to exercise the jurisdiction conferred upon it by this section; and

(b) shall make provisions

(i) for the rendering of financial assistance to any indigent citizen of Nigeria where his right under
this Chapter has been infringed or with a view to enabling him to engage the services of a legal
practitioner to prosecute his claim, and

(ii) for ensuring that allegations of infringement of such rights are substantial and the requirement
or need for financial or legal aid is real.

Section 46 of the Constitution as earlier outlined is such as guaranteed the enforcement of all the
provisions of Chapter IV of the constitution which deals with the rights discussed. The section
assures that all high Courts in Nigeria are ceased with the jurisdiction (judicial power) to hear and
determine matters touching on the violation, protection or enforcement of fundamental rights
(with special reference to matters assigned under the exclusive legislative list for the Federal High
Court to adjudicate on).

This provision is to ensure that persons who are indigent and may hardly afford the services of a
lawyer to defend the case against them. The state is expected to come to their aid in order to
provide for legal aid or financial assistance as

may become needful for them to secure their rights to defend the action. The

state is also to make provision for solicitors who will be able to defend those who are standing
trial in order to defend them, on the grounds that they are also unable to secure the services of a
legal practitioner in defence of their

case.

The establishment of institutions like the Human Rights Commission and Legal

Aid Council of Nigeria are all in a bid to achieve this mandate.