Do You Know Your Basic and Fundamental Human Rights?

It’s important to be aware of these rights so you can stand up for yourself and others when needed.

Human rights are the rights we all have simply because we are human beings. These rights are universal and should be upheld regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Essentially, they are about fairness and equality.

In Nigeria, these rights are outlined in the 1999 Constitution of the Federal Republic of Nigeria (as amended), specifically in Chapters II and IV. However, here’s the interesting part: only the rights in Chapter IV are enforceable in court. You might be wondering why, and I’m here to explain.

If you look closely at the constitution, you’ll see that Chapter II is titled “Fundamental Objectives and Directive Principles of State Policy.” This section lays out the socio-economic goals for the Nigerian government, but these goals, unfortunately, can’t be enforced in court. They are known as “non-justiciable rights,” meaning you can’t take legal action if your socio-economic rights are violated. It’s a bit confusing because the term “non-justiciable” seems to contradict the idea of “rights,” doesn’t it? Some argue that Chapter II just serves as a moral guide or national aspirations, not a legal framework for enforcement.

In my opinion, this has contributed to poor accountability from public officials and the government, leading to underdevelopment in Nigeria. Many other African countries have updated their constitutions to allow courts to adjudicate socio-economic rights, and Nigeria could certainly learn from them.

So, what exactly are your basic and fundamental human rights as a Nigerian?

According to Chapter IV, Sections 33 – 44 of the Constitution of the Federal Republic of Nigeria, your fundamental rights include:

  1. Right to Life
    Every person has the right to life. No one can be deprived of their life except through the execution of a court sentence, such as the death penalty (which is still legal in Nigeria).
  2. Right to Dignity of the Human Person
    Everyone is entitled to respect for their dignity. There are a few exceptions, such as court orders, military service obligations, or compulsory national service (like NYSC).
  3. Right to Personal Liberty
    You have the right to personal liberty and cannot be detained unless allowed by the constitution. If you’re arrested, you have the right to remain silent and consult with a lawyer. You must also be informed of the reason for your arrest within 24 hours and be brought before a court within 48 hours (unless it’s a capital offence, where bail might be denied).
  4. Right to Fair Hearing
    In any civil case, including cases involving government or public authorities, you are entitled to a fair hearing within a reasonable time by a court. You also have the right to legal counsel, an interpreter, and the opportunity to cross-examine witnesses.
  5. Right to Private and Family Life
    This right guarantees the protection of your privacy, including your home, correspondence, and communications.
  6. Right to Freedom of Conscience, Thought, and Religion
    Every Nigerian has the right to freedom of thought, conscience, and religion. This includes the freedom to change religion or belief and to practice, teach, and propagate your religion in public or private.
  7. Right to Freedom of Expression and the Press
    Everyone is entitled to express their opinions, receive information, and share ideas without interference.
  8. Right to Peaceful Assembly and Association
    You have the right to assemble peacefully and join any political party, trade union, or other associations to protect your interests.
  9. Right to Freedom of Movement
    Every Nigerian can move freely within the country, reside anywhere, and cannot be expelled from Nigeria or denied entry or exit.
  10. Right to Freedom from Discrimination
    The constitution prohibits discrimination based on ethnicity, sex, religion, or any other reason. No Nigerian should be treated unfairly for any of these reasons.
  11. Right to Acquire and Own Property
    Every Nigerian has the right to acquire and own property anywhere in Nigeria, subject to the law.
  12. Compulsory Acquisition of Property
    If the government needs to acquire your property, it must pay compensation. You also have the right to challenge this in court.

In summary, your fundamental human rights as a Nigerian citizen are well-protected by the constitution, although some are non-enforceable in court. It’s important to be aware of these rights so you can stand up for yourself and others when needed. If anything in this article is unclear, feel free to ask in the comments, and I’d be happy to explain further. Please share this with others—everyone should be informed about their rights!

Thanks for reading!

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