Understanding Human Rights in Nigeria

The Foundation of Human Rights in Nigeria

Nigeria's human rights framework is built upon multiple legal foundations, primarily the 1999 Constitution of the Federal Republic of Nigeria (as amended), which contains the fundamental rights provisions in Chapter IV. Additionally, Nigeria is signatory to numerous international human rights instruments that have been domesticated into national law.

Constitutional Rights Protections

Fundamental Rights Under Chapter IV

The Nigerian Constitution guarantees several fundamental rights:

1. Right to Life (Section 33)

   • Protection against unlawful deprivation of life
   • Exceptions for execution of court sentences, self-defense, and lawful arrest

2. Right to Dignity of Human Person (Section 34)

   • Protection against torture, inhuman or degrading treatment
   • Prohibition of slavery and forced labor

3. Right to Personal Liberty (Section 35)

   • Freedom from arbitrary arrest and detention
   • Right to be informed of reasons for arrest
   • Right to legal representation

4. Right to Fair Hearing (Section 36)

   • Presumption of innocence until proven guilty
   • Right to be heard by an impartial tribunal
   • Right to legal representation

5. Right to Private and Family Life (Section 37)

   • Protection of privacy of homes, correspondence, and conversations

6. Right to Freedom of Thought, Conscience and Religion (Section 38)

   • Freedom to practice and manifest religion
   • Right to change religion or belief

7. Right to Freedom of Expression and Press (Section 39)

   • Freedom to hold opinions and receive ideas
   • Press freedom with limitations for national security

8. Right to Peaceful Assembly and Association (Section 40)

   • Freedom to assemble peacefully and associate with others
   • Right to form and join trade unions

9. Right to Freedom of Movement (Section 41)

   • Right to move freely throughout Nigeria
   • Right to reside in any part of the country

10. Right to Freedom from Discrimination (Section 42)

    • Protection against discrimination based on ethnicity, place of origin, religion, or gender

11. Right to Acquire and Own Property (Section 43)

    • Protection against compulsory acquisition of property without compensation

International Human Rights Instruments

Nigeria has ratified several key international human rights treaties:

• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights (ICESCR)
• African Charter on Human and Peoples' Rights
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
• Convention on the Rights of the Child
• Convention Against Torture

These instruments have been domesticated through the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, making them enforceable in Nigerian courts.

Enforcement Mechanisms

Judicial Remedies

Victims of human rights violations can seek redress through:

1. Fundamental Rights Enforcement Procedure Rules

   • Special fast-track procedure for human rights cases
   • Applications can be made within 12 months of violation

2. Regular Court Proceedings

   • Civil suits for damages
   • Criminal prosecution for rights violations

3. Public Interest Litigation

   • Cases brought on behalf of vulnerable groups or communities

National Human Rights Commission

The NHRC serves as:

• An independent complaints mechanism
• A mediator for human rights disputes
• An advocate for human rights protection
• A monitor of government compliance

Current Human Rights Challenges

Despite legal protections, Nigeria faces several human rights challenges:

1. Security Forces Conduct

   • Allegations of extrajudicial killings and torture
   • Poor conditions in detention facilities

2. Freedom of Expression

   • Attacks on journalists and media houses
   • Internet freedom restrictions

3. Women's Rights

   • Gender-based violence and discrimination
   • Unequal access to education and employment

4. LGBTQ+ Rights

   • Criminalization of same-sex relationships
   • Discrimination and violence against LGBTQ+ individuals

5. Access to Justice

   • Delays in the judicial system
   • Limited legal aid for indigent persons

Practical Steps for Rights Protection

For Individuals:

1. Know your rights: Understand constitutional protections
2. Document violations: Keep records of rights abuses
3. Seek legal help: Contact human rights organizations or lawyers
4. Use official channels: File complaints with NHRC or police complaints units

For Organizations:

1. Develop human rights policies: Create internal protection mechanisms
2. Train staff: Educate employees on human rights standards
3. Establish reporting systems: Create safe channels for complaints
4. Cooperate with authorities: Work with human rights bodies

Recent Landmark Cases

1. SERAP v. Federal Government (2022)

   • Court ordered accountability for security spending
   • Strengthened economic rights enforcement

2. Women Empowerment Fund Case (2021)

   • Enhanced protection of women's economic rights
   • Set precedent for gender-based affirmative action

3. Digital Rights Case (2020)

   • Protected online freedom of expression
   • Limited government's power to restrict internet access

Conclusion

The protection of human rights in Nigeria remains a work in progress. While the legal framework provides robust protections, implementation and enforcement challenges persist. Continuous advocacy, legal reform, and public education are essential for strengthening human rights protection in Nigeria.

This article provides general information about human rights in Nigeria. For specific legal advice regarding human rights violations, consult with a qualified human rights lawyer.