Human rights in Nigeria are guaranteed by the 1999 Constitution, which outlines the fundamental rights of citizens. Despite being written down, these rights are scattered across different chapters and laws, making it difficult for many Nigerians to understand and access them. A recent research project aimed to address this gap by providing a comprehensive guide to human rights in Nigeria. The project drew on the Constitution, court judgments, and Commission reports to provide a clear understanding of human rights.
The international system categorizes human rights into five families: civil, political, economic, social, and cultural rights. Civil rights protect individuals from state interference, while political rights enable citizens to participate in governance. Economic rights relate to work, fair pay, and property, while social rights cover essential aspects of life, such as health, housing, and education. Cultural rights protect language, traditions, and access to arts and sciences. Nigeria acceded to the United Nations treaties on these rights in 1993.
Nigerian law holds human rights in three layers, each with a different level of enforceability. Chapter IV of the Constitution contains fundamental rights, including civil and political rights, which are justiciable. This means citizens can take the government to court and win cases related to these rights. The exact wording of these rights can be found in the full constitutional text published by the Federal Ministry of Justice.
Chapter II of the Constitution, titled Fundamental Objectives and Directive Principles of State Policy, outlines social and economic promises. These include access to medical facilities, shelter, education, and a reasonable national minimum living wage. However, the courts cannot enforce these rights on their own, as stated in section 6(6)(c) of the Constitution. This makes them less binding than the fundamental rights in Chapter IV.
The African Charter on Human and Peoples' Rights, domesticated in Nigeria through a 1983 Act, provides an additional layer of protection for human rights. The Charter contains social rights, including education and health, which can be enforced in Nigerian courts. The Supreme Court confirmed the Charter's enforceability in the 2000 case of Abacha v Fawehinmi.
The fundamental human rights in Nigeria's Constitution are outlined in sections 33 to 43. These include the right to life, dignity of the human person, personal liberty, and freedom from torture and slavery. Section 44 guarantees compensation when the government takes property. Understanding these rights is essential for citizens to access and protect them.
To effectively utilize these rights, citizens must be aware of the practical steps to take when their rights are ignored. This includes knowing how to access justice, seeking legal representation, and understanding the role of the courts in enforcing human rights. By taking these steps, citizens can ensure that their rights are protected and respected.
Key points
- The five categories of human rights in Nigeria are civil, political, economic, social, and cultural rights.
- The 1999 Constitution outlines fundamental rights in Chapter IV, which are justiciable.
- Nigerian law holds human rights in three layers, with different levels of enforceability.
