Every citizen of Nigeria has fundamental rights
which are enshrined in the Constitution of the Federal Republic of Nigeria,
1999 (as amended). The importance of fundamental rights cannot be over
emphasized as they are the bedrock of any democratic society. These rights
include a citizen’s right to life, right to dignity of person and right to
personal liberty amongst other rights. However, there are certain limitations
imposed on these rights by the Constitution where in such instances, a
citizen’s fundamental right would not have been violated. We shall consider
these fundamental rights and also the limitations in an attempt to answer the
question: “To what extent are my fundamental rights guaranteed?”
Right to Dignity
of Person:
Every citizen of Nigeria must be accorded respect for the dignity of his
person. Hence an individual shall not be subjected to torture, inhumane or
degrading treatment, be held in slavery or servitude and shall not be forced to
perform forced or compulsory labour. Notwithstanding, labour which is
reasonably necessary in the event of any emergency or life threatening
calamity, in execution of an order of the Court, or required during compulsory
national service i.e. National Youth Service Scheme is excluded from the
definition of forced or compulsory labour. Hence a citizen can be forced to
carry out labour in the event of an emergency without his right being violated.
Right to
Personal Liberty & Right to Freedom of Movement: An individual is guaranteed of his right to personal liberty, that
is freedom from detention, arrest or physical restraint and also the right to
move freely within Nigeria without restraint and reside in any part of the
Country. These rights are not absolute. An individual’s right to personal
liberty can be curtailed in lawful execution of an order of a Court, to contain
contagious/ infectious diseases, to prevent unlawful entry into the Country, to
effect expulsion, extradition or lawful removal from the Country, and other
reasons specified by law. Similarly, a person’s right to freedom of movement
will not have been violated by any reasonably justifiable law which imposes
restrictions on the movement of a person who has committed or is reasonably
suspected to have committed a crime. This also extends to laws providing for
the extradition of a person to stand trial or to undergo imprisonment in
another country.
Right to Fair
Hearing: Fair hearing in essence means that all
parties to a dispute shall be given the opportunity to be heard and present
their respective cases. Fair hearing also entails a fair trial where justice is
not only done but is seen to have been done. The Constitutional right to fair
hearing also extends to criminal trials and it provides that criminal trials
must be conducted in public. However a Court can exclude the public from a
criminal trial if it is in the interest of justice, defence, public safety,
public order or public morality etc[3].
Right to Private
and Family Life, Right to Freedom of Thought, Conscience & Religion and the
Right to Peaceful Assembly: Every citizen is guaranteed of their
right to privacy of their person, their homes, correspondences and telegraphic
conversations. Accordingly, a Citizen has the right to live as he likes within
the ambit of the law and acceptable practice of civilized society. Citizens are
also entitled to their freedom of thought & conscience, right to choose any
religion and a right to not to be forced to act contrary to one’s religion.
Also the right to assemble with two or more persons and belong to any political
party, association or trade union is guaranteed. Notwithstanding, no person is
allowed to join any secret society. The Constitution further states that a law
that violates any of the herein mentioned rights shall not be invalid if it is in
the interest of defence, public safety, public order, public morality, public
health or for the purpose of protecting the rights and freedom of other
persons.
Right to Freedom
of Expression and the Press: Every individual is entitled to
freedom of expression, to hold opinions and to receive & impact ideas &
information without interference. This right also extends to the right to own,
establish and operate any medium for the dissemination of information, ideas
and opinions. However a law that violates this right shall not be invalid if it
is reasonably justifiable for the purpose of maintaining the authority and
independence of Courts or preventing the disclosure of information received in
confidence or regulating broadcasting. Also, the Supreme Court in the case of Amalgamated
Press (of Nig.) Ltd & Anor v The Queen[4], stated that the right to freedom of
expression is not absolute as the right
cannot be used as a license to spread false news likely to cause fear and alarm
the public.
Freedom from
discrimination: No individual shall be discriminated
by reason of his ethnic group, place of origin, sex, religion or political
opinion or subjected to any disability or deprivation by reason of the
circumstances of his birth. In Mojekwu v Mojekwu[5], the
Court held that a custom that did not allow a female child to inherit her
deceased father’s estate is unconstitutional for being discriminatory. Laws
that impose restrictions on persons that may be appointed to any office are not
in violation of this right.
Right to Own and
Acquire Property: Every Citizen has right to acquire
and own immovable property anywhere in Nigeria and no property whether movable
or immovable shall be compulsorily acquired. However the Government can
compulsorily acquire a Citizen’s property if such acquisition is in public
interest, there is prompt payment of compensation and right of access to Court
to contest same[6].
This right does affect laws relating to the imposition of tax, penalties under
civil procedure, leases, mortgages, tenancy or execution of judgment of the
Court etc.
In conclusion, all citizens of Nigeria are guaranteed of their fundamental rights to the extent that such rights do not infringe on someone else’s right. Also, the rights are not placed above the general interest of the Nation as they can be curtailed in the interest of justice, public defence, public morality, public safety and public order.
[1] The word ‘his” here and in any other place it occurs in this article relates to all genders.
[2] See Gabriel v State (2010) 6 NWLR (Pt. 1190) 280; Ndubuisi v State (2018) LPELR-44908 (CA)
[3] An example is the Covid-19 practice directions of various courts allowing virtual hearing of proceedings.
[4] (1961) LPELR-25124 (SC)
[5] (1997) 7 NWLR (Pt 512) 283
[6] Kano State v Govt of Adamawa & Ors (2014) LPELR- 24161(CA)
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