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What are Human Rights?These are rights naturally accruable to every person by virtue of his/her existence as a human being. The Nigerian Constitution under Chapter IV enumerates the following as fundamental rights. * Right to life.
* Right to dignity of human persons.
* Right to personal liberty.
* Right to fair hearing.
* Right to compensation for property compulsorily acquired.
* Right to private and family life.
* Right to freedom of thought, conscience and religion.
* Right to freedom of expression.
* Right to peaceful assembly and association.
* Right to freedom of movement.
* Right to freedom from discrimination on the grounds of ethnic group, place of origin, circumstance of birth, sex, religion or political opinion.
The above rights are classified under Chapter IV of the Constitution as Fundamental Rights. However, there are other rights under the Fundamental Objectives and Directive Principles of State Policy provided under Chapter II of the Constitution. These include the right to: (i) Free and compulsory education.
(ii) Adequate health care, gainful employment.
(iii) Shelter, food etc.The former are justiceable rights, i.e. citizens could go to court to enforce them if denied.
The later rights are however non-justiceable, i.e. these set of rights are not enforceable in the court. They are aspirations attainable if and when the State has the resources. However, the Commission believes the two sets of rights are both fundamental and complementary. For instance, of what use is the freedom of movement if one has no means to move in the first place or what is right to life without any gainful employment or food to sustain it. The Commission has made a strong case for the upgrading of economic, social and cultural rights to fundamental rights. A submission to this effect was made to the Joint National Assembly and Presidential Committee on the Review of the 1999 Constitution. BASIC RIGHTS UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (CFRN) Chapter IV of the 1999 CFRN (Section 33-34) enumerate fundamental rights of Nigerians to include the following: Right to life (S.33): Everyone has an inviolable right to life. No one may be deprived of life except for the defence of any person or property, or in order to effect a lawful arrest or in the course of suppression of riot, mutiny or insurrection. Where any person’s life is unlawfully taken, it is extra judicial killing. The culprit must be prosecuted while the surviving victims are entitled to apology and compensation. The NHRC treats many complaints of this nature. It helps to ensure prosecution of offenders through the Attorney General and the Inspector General of Police. Right to dignity of human person (S.34): Every person is entitled to the dignity his/her person and no one shall be subjected to torture, inhuman or degrading treatment. Flogging or beating of any person by another for any reason is unconstitutional. Any form of torture by any means is unlawful. The Commission encourages victims of torture to promptly report such incidents to the appropriate quarters, if it is possible, a hospital treatment on record should be obtained as well as photograph of the evidence of torture. This is because it may be difficult to establish torture or degrading treatment once the wounds conflicted have healed with time. It is hoped that responsible organisation or agencies will assist to stamp out this occurrence. The Commission has received numerous complaints about torture. Victims of torture, inhuman or degrading treatment must not keep quiet so that the culprits might be brought to book. Under this section of the constitution, no one shall be held in slavery or servitude nor shall any one be required to perform forced or compulsory labour. The only exception is in circumstances allowed by the constitution. Right to personal liberty (S.35): Every person is entitled to personal liberty. A person may only be deprived of his/her liberty in execution of a court sentence for a criminal offence for which he/she has been tried and convicted. No person below the age of 18 shall be detained in prison custody.
Any person who is arrested on suspicion of having committed an offence has the right to; remain silent until after consulting a lawyer. be informed in writing within twenty-four hours (i.e. one day) of the fact and grounds of his arrest or detention. be brought for trial within a reasonable time. This is at times not more than 48 hours. Where a person is unlawfully arrested, the person shall be entitled to compensation and apology from the violator.
No one is to pay any sum of money to any person or authority for the grant of bail. Bail is free. The surety sum is not for payment. It only become relevant if the person granted bail jumps bail. Any person who has had his/her rights violated in any way enumerated above can complain to the Commission. But such complaint must contain sufficient particulars to enable the Commission take prompt action. 4. Right to fair hearing (S.36): In the determination of any person’s civil rights and obligations against any person, government or authority, he/she is entitled to a fair hearing within a reasonable time by a court established by law and constituted in a manner to secure its independence and impartiality. The exercise of this right includes; right to be represented by a counsel of one’s choice. right to appeal to a higher court or authority. the proceedings shall be held in public in day time.
Any person charged with a criminal offence is presumed innocent until proved guilty. Such a person is also entitled to; be informed in a language he understands the detail and nature of his offence. be given adequate time to prepare his defence and. defend himself in person or through a lawyer of his own choice. Examine or cross-examined witnesses or call witnesses in his own defence. An interpreter, where necessary.
The court shall keep proper record of the proceedings and make sure obtainable by the accused person or anyone authorised by him. No one shall be tried twice for the same offence and anyone pardoned shall not be tried for the same offence again. An accused person must not be compelled to give evidence at the trial. 5. Right to private and family life (S. 37): Citizens have right to privacy of themselves, their homes, correspondence, telephone and telegraphic communications. A violation of this rights amounts to invasion of privacy. Remedies can be pursued either in the courts or through the Commission. 6. Right to freedom of thought, conscience and religion (S.38): Every person is entitled to freedom of though, conscience and religion including to change his belief or religion. You can exercise this freedom either alone or in community with others in private or in public. No person attending an educational institution shall be required to take religions instructions, take part in or attend religious ceremonies or observation of a religion not his own. Religious organisations are entitled to provide instructions for their pupils. However, there is no right to form or take part in the activities of a secret society or cult. 7. Right to freedom of Expression (S.39): Right to freedom of expression and the press is very fundamental to the sustenance of democracy. Everyone is entitled to hold opinions and receive and impart ideas and information without interference. You can own, establish and operate newspapers, radio or television for the dissemination of information, ideas and opinions. This must however be done with respect to the reputation of others and the law against libel and defamation. 8. Right to peaceful assembly and association (S.40): Everyone has the right to peaceful assembly and association. You can assemble freely and associate with others. You may form or belong to a political party, trade union or any other association for the protection of your interests. Again, this does not give the right to form, belong to and or participate in a secret society or cult. 9. Right to freedom of movement (S.41): Every one has the right to freedom of movement throughout Nigeria and to reside in any part of the country. No citizen of Nigeria shall be expelled or refused entry or exit from the country. A few exceptions must be observed so that the privacy of person or property of others is not violated. 10. Right to freedom from discrimination (S.42): No citizen of Nigeria shall be discriminated against on the basis of his community, ethnic group, place of origin, sex, religion or political opinion. No one shall be subjected to any disability on ant or a combination of these factors. 11. Right to acquire and own immovable property anywhere in Nigeria (S.43): There is a new provision that gives the right to Nigerians to acquire and own immovable property in any part of Nigeria. This right is absent from the 1979 Constitution. This will enhance unity and cohesion of the country. S.46 of the Constitution as earlier stated empowered all high courts to entertain cases on the violation of the right protected by the Constitution. The national Human Rights Commission provides extra-judicial avenue to protect these rights in complement of the work of the courts. Court cases can become protracted and expensive and therefore beyond the rich of ordinary citizens. The National Human Rights Commission provides protective services that are inexpensive, non-technical, less time-consuming and more accessible to the public. Our complaint procedure is explained below.
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