Samuel Sodunke
As a Nigerian, the awareness of your basic rights is crucial for your freedom and safety. Findings have shown that there have been continued violations of basic rights in Nigeria. And as much as many Nigerians have blamed the government authorities for most of these violations, most Nigerians’ ignorance of their rights also shares a large portion of the cause. For those who are ignorant, claiming or respecting these rights is almost impossible.
Therefore, knowing your basic rights will make a difference between having them violated and claiming them. Do you know your rights as a Nigerian citizen?
Definition of Basic Rights
Your basic rights also known as your “human rights” are officially recognised as your fundamental rights in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria.
According to the National Human Rights Commission (NHRC), the body responsible for all matters relating to promoting and protecting human rights in Nigeria, basic rights “are naturally accruable to every person by virtue of his/her existence as a human being.”
The same is true of the United Nations which posits that human rights “are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.”
Mauyon Amosu, Head of Legal, Heardfort Foundation for Justice says “The basic rights as provided in the 1999 constitution of Nigeria are rights that you can institute an action against in court” and “ They are just as essential as water.”
Background
The genesis of human rights in Nigeria can be traced to pre-colonial times when the traditional system of government was fully the vogue. The major ethnic groups in Nigeria such as Igbo, Yoruba and Hausa recognised various traditional rights that were protected by laws.
The advent of colonialism by the British however changed the trajectory of human rights in Nigeria. The British imposed their rule over Nigerians, restricting their economic and political rights until 1922 when the Clifford constitution introduced a limited franchise. The other constitutions following it did not do any better.
Subsequently, the independence of Nigeria in 1960 gave the recognition of human rights a more formalised and modernised form. Unlike the previous constitutions, both the Independence Constitution of 1960 and the Republican Constitution of 1963 made provisions for the protection of human rights.
In particular, the 1963 constitution contained one chapter on fundamental human rights influenced by international human rights principles such as the United Nations Universal Declaration of Human Rights of 1948. The later constitutions at that time, such as the 1979 and 1999 constitutions, went further to expand and guarantee the civil, political, and socio-economic rights of Nigerian citizens.
In the end, upon the return to democratic rule in 1999, after the back and forth of military rule in Nigeria, which birthed various forms of human rights abuses, the protection of human rights was initiated, with increased activity by Nigeria in signing international human rights treaties and creating organs such as the National Human Rights Commission for oversight and improvement of human rights throughout the country.
Read more: Nigerian Woman: four rights you never you knew you had
What are your Basic Rights as a Nigerian
The basic rights of every Nigerian are outlined in chapter four of the Federal Republic of Nigeria Constitution of 1999. They are as follows:
Right to Life (Section 33)
This is your most fundamental right as a Nigerian citizen. As stated in this section, you have a right to life which the government ensures is protected. And no one has the right to take your life except in a case when you have been found guilty of a criminal offence by a court in Nigeria.
However, if you die due to the use of reasonable force in specific situations, it is not considered a violation of this right. These situations include defending oneself or others from unlawful violence, protecting property, making a lawful arrest, preventing someone from escaping detention or suppressing riots, insurrections, or mutinies.
Right to Dignity of Human Person (Section 34)
This section of the 1999 constitution states you have the right not to:
• Be threatened or punished in a cruel, inhuman or degrading way.
• Be held in slavery or servitude.
• perform forced or compulsory labour.
There is however an exemption. The “Forced or compulsory labour” does not include:
(a) any labour required of you as a result of a court sentence or order
(b) any labour required of you as a member of the Nigerian Armed Forces and Police Force as part of your duties
(c) for 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 community service, national service in the Armed Forces, or education and training programs prescribed by the National Assembly.
Right to Personal Liberty (Section 35)
This section highlights some rights you should enjoy whenever you are being arrested, detained or accused. It states that you have the right to:
- Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of your choice.
- Be brought before a court within a reasonable time to be charged or informed of the reason for continued detention.
- Not be forced to make any confession or admission that could be used as evidence against them.
- Be informed in writing within twenty-four hours (and in a language that you understand) of the facts and grounds for your arrest or detention.
- Be released from detention on bail, if it is in the interest of justice.
- 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.
- Be detained separately from adults if you are under the age of 18 years and receive special protection and interventions that respect your age and development needs.
- Be compensated or receive a public apology from the appropriate body when you are unlawfully arrested or detained.
However, as much as you have the right to personal liberty, which means you cannot be detained unless it is allowed by law and follows specific procedures, there are some exceptions.
This right can be deprived if:
- You have been found guilty of a crime and are serving a sentence.
- You fail to comply with a court order.
- There is reasonable suspicion you have committed a crime.
- If you are under 18, you may be detained for educational or welfare purposes.
- You are with infectious diseases, mental health issues, or addiction. This is for your care or treatment and the protection of the community.
Right to Fair Hearing (Section 36)
This section states you have the right to:
a. Access courts that are independent and impartial
b. An independent judiciary that is competent, representative and human rights driven
c. A fair trial, which includes being presumed innocent, having time to prepare your defence, and choosing your lawyer or getting one provided by the state if needed. You also have the right to a prompt trial without delays, no retrial for the same offence, and the ability to be present and understand the trial proceedings in a language you comprehend.
Right to Private and Family Life (Section 37)
Under this section, you have the right to privacy. This right covers your home, correspondence, telephone conversations and telegraphic communications which are all guaranteed and protected.
Right to Freedom of Thought, Conscience and Religion (Section 38)
The Constitution allows you to enjoy and exercise religious rights. This includes the freedom to change your religion or beliefs and to practise your religion publicly or privately. No one can force you to join any religion that is contrary to your beliefs or to those of your parents. However, this freedom does not extend to the formation or joining of secret societies.
Right to Freedom of Expression and the Press (Section 39)
You constitutionally have the right to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. This simply means that you can own, establish and operate media outlets to spread your message but only the government or an authorised body can operate a TV or wireless broadcasting station.
There are some limits to this freedom such as laws on national security, preventing leaking of confidential information and broadcasting and media. You are not to use this right to propagate war, incite violence, or advocate hatred that is based on ethnicity, gender or religion, and that constitutes incitement to cause harm. Also, if you are a member of the public service, military or other security agencies in Nigeria, this right is restricted to prevent the disclosure of information received in confidence.
Right to Peaceful Assembly and Association (Section 40)
Here, you have the right to assemble freely and associate with others. Yes, you have the right to party so long it is peaceful. You can also create or join any political party, trade union, or association of your choice that represents your interests.
Right to Freedom of Movement (Section 41)
Who says you can not reside anywhere in Nigeria? You have the right to freedom of movement within the country and to reside in any part of the country of your choice, without being expelled or restricted. Your freedom of movement, according to Section 41 of the Nigerian Constitution, protects your rights to enter, exit, and travel within Nigeria without any interference. The freedom of movement can be restricted in some sense though. For instance, if the law thinks that you have committed or are suspected of committing a crime, it may restrict your movement to prevent you from leaving the country.
Right to Freedom from Discrimination (Section 42)
As a Nigerian, you have the right to freedom from discrimination because of your community, ethnic group, place of origin, sex, religion, or political opinion. This section states that you shall not be subject as others are not, to any restrictions or disabilities, or granted as others are not, any privileges or advantages. Your circumstances at birth shall also not be used as an excuse for any disability or deprivation.
Right to Acquire and own Immovable Property anywhere in Nigeria (Sections 43 and 44)
You have the right to acquire and own immovable property anywhere in Nigeria, as stated in Section 43 of the Constitution. This means you can buy and own land in any part of the country unless prohibited by law. But, if the government compulsorily acquires your property, you are entitled to claim compensation, as outlined in Section 44. The government can only take possession of your property under the law, which requires compensation and grants you access to a court of law or tribunal to determine your interest in the property and the amount of compensation payable. However, there are exceptions to this. These exceptions include cases involving taxation, contract breaches, property in a dangerous state, or enemy property. You need to also note that the government retains control over minerals, mineral oils, and natural gas in, under, or upon any land in Nigeria.
Responding to Rights Violations: Expert Advice
When you experience a right violation, what do you do? According to Mauyon Amosu of the Heardfort Foundation for Justice, the first thing you must do is to report to the appropriate authority. Never take matters into your own hands! Avoid physical altercations or violence, as they can escalate and have severe consequences.
For instance, a dispute over parking space with your neighbour can quickly turn ugly. If tensions rise, never resort to fighting or using objects as weapons. Why? You could unintentionally harm or even kill someone. So, to avoid such tragic outcomes, report the issue to the appropriate authority, whether it is the police, community leaders, or human rights organizations. By seeking help from the right channels, you will be more likely to find a peaceful resolution and protect your rights.
You could file a petition by yourself by walking to the nearest police station to you. For better use of words and better drafting, you could engage the service of a lawyer to file the petition for you instead. Your lawyer could also help write to the person that you will report to the police if the threat persists. The police will then invite the parties involved in a sane environment. They will write your statement; they will look into it, and they will mediate and sort out issues.
The Police will pick up anybody who violates your rights once you report it. And if the police are the one that violates your rights, you can file an action against the police. Seek legal advice from organisations like the Nigerian Bar Association Human Rights Committee or Heardfort Foundation for Justice that deal with human rights issues.