FUNDAMENTAL HUMAN RIGHTS AND PROCEDURE FOR THEIR ENFORCEMENT IN NIGERIA. By SALAUDEEN TOHA ADEBUSOLA .

 FUNDAMENTAL HUMAN RIGHTS AND PROCEDURE FOR THEIR ENFORCEMENT IN NIGERIA.

LEGAL PRINCE WRITES ✍️✍️:

INTRODUCTION

The important of this topic is to familiarize the people of Nigeria on what their fundamental human right is, and how it can't be abused. Most Especially those in Authorities, majority derive pleasure in violating fundamental rights entrenched in the constitution.Even though our law agencies, especially the police, are enmeshed in breach of these basic rights and in most occasions the Authorities concerned ignored the sacred provisions of Chapter IV of the 1999 constitution in the cause of carrying out their duties as required.

It is unfortunate that individuals also commit infringement of the fundamental human right in their bid to show that they are influential and superior; they use this power to oppress and infringe their fellow citizens right and consequently trample upon their rights in the process.they also achieve this inimical  deed by using the police and even soldiers who have no rights to deal with any civil matters involving the "civilian".They usually arrest and incarcerate people on matters that ought to be dealt with by the police. The constitution and the law forbid such abuse of power as it is "ultra vires" of the powers and functions of Nigeria Army.Individual that fall victim of the the abuse can approach a competent court to enforce his or her fundamental rights and claim damages from individual or Authorities concerned.

WHAT ARE HUMAN RIGHTS???

These are rights naturally accruable to every person by virtue of his/her existence as human being.

According to black law dictionary, human rights are defined as follows: " Freedom, immunities,and benefits that, according to modern values i.e all human being should be able to claim as a Matter of rights in the society in which they live"

Also Femi falana in his book assert that  natural law theorists view human rights in the abstract.According to them, human rights are the specie of rights which can be said to be inhered in every human being.Since they can't be taken away from any without affront to justice.see the case of CHIEF OLUFUNMILAYO RANSOM KUTI &ORS V ATTORNEY GENERAL OF THE FEDERATION.

NOW LET US EXAMINE WHAT FUNDAMENTAL HUMAN RIGHTS ARE IN NIGERIA.

These are generally regarded as the aspect of human rights which have been recognized and entrenched or embedded  in the  constitution of the federal republic of Nigeria.They are specifically provided to enhance human dignity and liberty in every modern state. Chapter IV of the Federal Republic of Nigeria 1999 as amended covers a whole range of rights constitutionally guaranteed.

 

THEN WHAT IS FUNDAMENTAL HUMAN RIGHTS; HON justice ESO (JSC) in the case of RANSOME KUTI V ATTORNEY GENERAL OF THE FEDERATION emphasized the import of fundamental rights. It's state thus:   

    " Fundamental human right is a right which stands above ordinary laws of the land and which in fact is antecedent to the political society itself.it is a primary condition to a civilized existence..."

It is pertinent at this junction to reproduce the provision of chapter IV of the Federal Republic of Nigeria 1999 as Amended for easy understanding.which will be stated as follows:

** RIGHT TO LIFE 

** RIGHT TO DIGNITY OF PERSON

**RIGHT TO PERSONAL LIBERTY

** RIGHT TO FEAR HEARING

** RIGHT TO ONE'S PRIVACY

** RIGHT TO FREEDOM OF EXPRESSION

** RIGHT TO FREEDOM OF ASSEMBLY

** RIGHT TO FREEDOM OF MOVEMENT

CONCLUSION:

The constitution empowers the individual on how to exercise their powers, and enlightens them on how to proceed or fight for their rights legally as it is embedded in the constitution an also to cure alot of bottlenecks and procedurals clogs that militate against the speedy enforcement of the likelihood of being of breached or trampled upon. 

So it should be noted to every citizen that you can fight for  your right in a legal way because it is already stated in the constitution instead of resulting jungle justice which can lead the person or Authority involved to face the wrath of law.

SALAUDEEN TOHA ADEBUSOLA  is a 200level law student @ Al Hikmah University, ilorin kwara state.