By Stephen Peter Okangla

INTRODUCTION

The Constitution of the Federal Republic of Nigeria 1999 (as altered) is the most beautiful document on Earth. Its provisions are carefully and evenly couched to suit the yearning of the people in all sense of responsibility, however it is the most vulnerable document of Earth. Among the numerous rights and privileges as contained in the Constitution is the Right to Life which is enshrined in chapter four, Section 33 (1) of the Constitution.

Right to Life is the chief of all rights and it occupies the first section in chapter four of the constitution. It is trite that the Right to Life is expressly provided in the Constitution and its wording are not diluted in the form in which it is echoed. It is fundamental, most important and sacred under our Constitution. Any threat or defeat suffered by this Right is tantamount to the defeat of all other rights as provided in chapter four of the Constitution. Section 33 (1) of the Constitution Federal Republic of Nigeria 1999 (as altered) is reproduced herein for emphasis:

“every person has a right to life, and no one shall be deprive intentionally of

his life, save in execution of the sentence of a Court in respect of a Criminal

offence of which he has been found guilty in Nigeria”.[1]

Many Philosophers have equally echoed in their writings on the sanctity of human life. Thomas, John Locke and Ross opined that “whoever kills forfeit his right to life”. Similarly, many Charters, Conventions and Treaties provides for the Right to Life in clear languages devoid of ambiguity. Among these Charters are Article 2 of the European Convention for Human Rights, Article 6 of the International Convention on Civil and Political Rights, Article 1 of the American Declaration of the Rights and Duties of Man, Article 4 of the African Charter on Human and Peoples’ Rights, Article 3 of the Universal Declaration of Human Rights which provides that “everyone has the right to life, liberty and security of person”.

This is how beautiful and sane the provision of Section 33 and other supportive Charter on Right to Life are. In the case of KUTI V A.G FEDERATION[2] KAYODE ESO describes a Fundamental right as “right which stands above the ordinary laws of the land…” Rights to Life is without doubt inclusive. This Article is aimed at appraising Right to Life in Nigeria, The Fictive Existence of Right to Life despite its Constitutional Provision and Creating a Path which the Sacredness of the Right to Life could be driven and sustained by Recommendation.

HOW FICTIVE RIGHT TO LIFE HAS BECOME IN NIGERIA

It is worthy to note that Right to Life is not only fundamental but divine and sacred. Exodus chapter 20:13 provides thus: “thou shall not kill”[3] similarly, Leviticus chapter 24:17 provides that “and he that killeth any man shall be put to death”[4] The Holy Qur’an is not silent on this either, as it has laid several provisions on the sanctity and sacredness of human life. Qur’an chapter 6:15 provides thus: “take not life which Allah has made sacred except by a way of justice”[5] it also provide in chapter 5:32 “if anyone slew a person unless it be for murder or for spreading mischief in the land, it will be as if he slew the whole world and if anyone save a life it will be as if he saved the whole world”. These are the extent the Holy Scriptures guarantees and value human life. Who then are we to take this life God considers precious wantonly, carelessly and unjustifiably? It is however true that the right to life as provided in the Constitution is not absolute despite the fact that it is regarded as fundamental and chief of all rights.

Section 33 (2) (a), (b) and (c) of the Constitution Federal Republic of Nigeria 1999[6] (as altered) provides:

(2) a person shall not be regarded as having been deprived of his right, in

contravention of this section, if he dies as a result of the use, to such extent

and in such circumstance as are permitted by law of such force as reasonably

necessary-

for the defense of any person from unlawful violence or for the defense of property;
in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
for the purpose or suppressing a riot, insurrection or mutiny.
The above provisions are the only law recognized reasons right to life can be deprived or taken in Nigeria. It is indeed as enshrined. One would ask, if the provision of the constitution on right to life is beautiful as said. What then could have triggered this article? It is simple as the question. Right to life in Nigeria has become a fantasy, figment and the greatest fiction one could ever think of. Nowadays, it only exist on papers and enforced on air.

During the 1999 administration of Chief Olusegun Obasanjo an entire community in Bayelsa State was wiped out for no just cause. It was reported then that men of the Nigerian Army invaded the community in broad day light around 1 pm at did the dastard act.[7] Although this act was greeted by wide condemnation from local and international civil rights group including Amnesty International, however the violation of this right has not stop but rather has increased daily in Nigeria.

In the early 2000s the militant were on rampage, killing maiming and destroying in the name of “fighting for their rights”. These incidences of massive human rights violation, especially right to life then was just like a preamble to the body of wanton, senseless killings and destruction which are witnessing now in Nigeria.

Boom! It was just like a joke that in 2007 our greatest “friends” who are not different from calamity was born. It was reported that the deadly Boko Haram terrorist sect since it began operation in 2007 has displaced over 2.5 million people, rendered over 244,000 people homeless and killed over 37,500 people and still counting.[8] It is clear that the battle against the insurgent had been compromised long ago hence it has become a fate we cannot escape and doomed to experience if the war is not channeled in the right direction. Our fathers, mothers, brothers, sisters and friends are gruesomely murdered and hacked to death by terrorist in North East. I make bold to ask. How have our right to life faired in the past twenty one years? What wrong have we done to warrant been slaughtered on daily basis? Who have stolen section 33 from our Constitution? These and other numerous questions are begging for answers with no attention from any level of Government. What a pity that we dug the grave that now consume us!

Furthermore, it did not end with Boko Haram at all, the herders-farmers crisis which have claimed dozens of life is another critical bone stuck in our throat. Right to life in Nigeria is not more than a dream, a prophecy which awaits manifestation. It remains a utopian society which may never materialized. Hardly did we finished expressing our sorrows and counting our losses in the hands of all these misfortune and unfortunate events than the bandits sprang up from their camp to unleash hell and mayhem on us. Time will fail me if I vividly talk about the various atrocities occasioned in violation of right to life in Nigeria.

In continuation, little do we know that we would become prey in the hands of those who are payed from the tax payers’ money to protect and defend our right to life from miscreants and hoodlums alike. Sadly the policemen have become the monster that steal our life on daily basis. The Nigerian Army is not left out of this inhumane and ungodly act of unlawful display of naked power against Innocent citizens either. In 2015 it was reported by the Amnesty International that the Nigerian Army opened fire on peaceful Shia protesters killing about 350 of them in Zaria[9] Similarly, in 2020 it was reported that the Nigerian Army carried out a massacre of constitutionally backed END-SARS protesters demanding for their right to life in the hands of the disbanded notorious police unit SARS at Lekki toll gate in Lagos.[10] Only recently our social media went into tears as the Nigerian Army was reported to have killed about seventy persons, demolished farms, schools and Hospitals in Konshisha Local Government Area of Benue State in retaliation of the killings of their colleagues by alleged militias.[11] These are the kind of story that characterizes Nigeria on daily basis. It is the kind stories you find in our dailies, radio and television stations. Who dare say we have right to life in Nigeria? Who dare counter the fact that right to life in Nigeria is a fiction? I therefore make bold to say that right to life in Nigeria is a fiction, a figment, a utopian and a castle built in the air! What we are witnessing in this part of the world is not more than bloodshed in North as well as bloodshed in the South, it is not more than bloodshed in the East as well as bloodshed in the West! Our right to life in Nigeria only exist on papers, it is a mirage!

CONCLUSION/RECOMMENDATION

It is trite from the foregoing that it is the responsibility of the Government at all levels to create an enabling ground for the enforcement and protection of our fundamental rights, right to life inclusive. It is also a common knowledge and a notorious fact that these rights are enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as altered) although it is painful that such enabling environment needed for the protection of our right to life has not been guaranteed in Nigeria. It is indeed sad that our right to life in Nigeria only exist on paper hence a fertile ground for the violation of this right exist. It is sadder that government security set-up charged with the responsibility of protecting this rights, are the one gruesomely snatching our life from our body. This only happen in Nigeria and not Nations that value the life of their citizens. For this act of insane and blatant disregard to right to life to be curb in Nigeria, Government must as a matter of urgency as opined by John Locke, Thomas Hobbes, Ross and Thompson that “whoever kills has forfeits his right to life”, implement the following:

Responsibly address insecurity in the country
Tame the increasing rate of communal crisis and farmers-herders clash
Strengthens security at our boarders to monitor and prevent the influx of arms into the country
Responsibly sanction fundamental rights violation by personnel of security agencies in the country
Train and retrain security personnel on the sacredness of human right to life
Set up commission that would specifically monitor right to life violations as any harm or defeat suffers by right to life affects all fundamental rights in the country
Aggressively embark on National Orientation on the divinity and sacredness of right to life
Actively and reasonably engage religious and traditional leaders on teaching their followers the need to uphold and respect the sacredness of human right to life
Establish a special court that will see to the prosecution of human rights violation especially right to life.
If these are rightly and reasonably implemented we will begin to breathe fresh air Nigeria!

Stephen Peter Okangla writes from the University of Maiduguri, he has great penchant for Oil and Gas, Criminal Law, Constitutional Law, International Law, Human Rights Activism, Litigation, Corporate practice and Lecturing. He can be reach via:

Phone No: 08132040369

Email: [email protected]

[1] Constitution of the Federal Republic of Nigeria 1999

[2] (1985) 2 NWLR (PT. 6) 211

[3] The Holy Bible, King James Version

[4] ibid

[5] The Holy Qur’an

[6] Op.cit

[7]https://www.nytimes.com/2001/10/30/world/nigeria-army-said-to-massacre-hundreds-of-civilians.html