Daily Law Tips (Tip 808) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
Introduction:
There several national, regional and international instruments on human rights in Nigeria. However, from Nigerian perspective, the greatest of all laws in the world is the Constitution of the Federal Republic of Nigeria. And as such, arguably, any Nigerian law or international law that conflicts with the constitution of Nigeria is invalid in Nigeria. The constitution of Nigeria contains the fundamental human rights in Nigeria and declares them, generally inalienable, absolute and unchallengeable.
However, that same constitution of Nigeria went further to give some exemptions to the Federal Government of Nigeria and the Governments of States in Nigeria, for them to suspend, dispense, challenge, limit, derogate and suspend some fundamental human rights. So, by the Constitution of Nigeria, some fundamental human rights are not absolute and can be lawfully violated by government, without any damages or consequences. Government Can Lawfully Violate Human Rights: The Case of Twitter vs. Nigeria.
While there are some fundamental human rights in Nigeria that are not absolute, there are a few fundamental human rights that are truly absolute at all times. The few fundamental human rights are by the Constitution of Nigeria, carefully made untouchable and unchallengeable, by any person/government in all parts of Nigeria. So even in issues of national security, wars, state of emergencies, natural disasters, natural calamities, pandemics and public health crisis, the few fundamental human rights cannot be restricted or violated.
This work examines the few fundamental human rights that are truly absolute and can never be suspended or lawfully violated in Nigeria. In this work, the words/terms; “Lawful Violation” and “Lawfully Violate” are used contextually to refer to rights that can be lawfully suspended, derogated and challenged by government, not minding their grammatical propriety.
Human Rights that are Truly Absolute and Untouchable:
The Constitution of Nigeria that creates the fundamental human rights in Nigeria, also creates the circumstances where some fundamental human rights can be lawfully suspended and violated. It also provides three (3) specific fundamental human rights that can never be restricted, suspended or derogated. Hence, there are three (3) specific fundamental human rights are truly absolute and untouchable. They are the exemptions to the cliché that; “fundamental human rights are not absolute”, because they are truly absolute, according to the Constitution of Nigeria. “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency”.
By the constitution of Nigeria, there are three (3) specific fundamental human rights that cannot and will never be restricted, suspended, limited or suppressed by any law, Act, regulation, executive orders, Presidential directives/proclamation, person, court, government, institution, organization or security agency in or outside Nigeria. Even during wars, periods of state of emergencies, natural disasters, natural calamities, pandemics and public health crisis, the three specific fundamental human rights cannot be lawfully violated. There are no justifications for their violation.
The 3 fundamental human rights are: Right to Dignity of Human Persons, Right to Freedom from Discrimination and then, under the Right to Fair Hearing is the Right not to be held guilty of a non-existing offence or to be imposed heavier penalties contrary to law. These fundamental human rights are expressly exempted or omitted from the restrictions and derogation from the fundamental human rights in the constitution of Nigeria.
Conclusion:
The Constitution of Nigeria is the most important law in Nigeria and it arguably overrules international instruments/laws in the Nigerian courts. To further explain this, there is need for an example; for instance, where the constitution of Nigeria is harsh over an issue and there is a regional or international law that is not harsh on the same issue, the Nigerian courts will stick to the Constitution of Nigeria, the harshness notwithstanding. To this end, the constitution of Nigeria is higher than all Nigerians, persons and governments in all parts of the world. This means that arguably, the Constitution of Nigeria supersedes all other national, regional or international instruments on human rights in Nigeria.
The Constitution of Nigeria declares some fundamental human rights touchable and some other untouchable. The simple reason is that the Federal Republic of Nigeria is greater and higher than some rights and all persons, governments and institution in the world. It is safer for Nigeria to lawfully violate some human rights in Nigeria in order protect Nigeria, during war, state of emergency, natural disaster and public health. Also, some fundamental human rights are higher than Nigeria and as such, at all times such human rights must be protected and respected, even if Nigeria suffers. So, the above discussed three fundamental human rights are by the Constitution of Nigeria higher than Nigeria and must be respected at all times in Nigeria. There are no justification for a violation of the fundamental human rights; “Right to Dignity of Human Persons, Right to Freedom from Discrimination and then, under the Right to Fair Hearing is the Right not to be held guilty of a non-existing offence or to be imposed heavier penalties contrary to law”
My authorities, are:
![](https://legaldeskng.com/wp-content/uploads/2024/08/LegaldeskNG-WhatsApp-Channels.jpg")
Sections 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 305, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
Article 19 of the Universal Declaration for Human Rights.
Sections 6, 7, 8 and 22 of the National Human Rights Commission (Amendment) Act 2010.
Sections 1, 2, 5 and 6, the National Human Rights Commission (Amendment) Act 1995.
The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of RANSOME-KUTI & ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of AGBAI & ORS v. OKOGBUE (1991) LPELR-225(SC).
The judgment of the Supreme Court of Nigeria (on when and why fundamental human rights can be restricted/suspended) in the case of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
The Supreme Court judgment on “Meaning of Regulation” in the case of AG LAGOS STATE v. EKO HOTELS LTD & ANOR (2006) LPELR-3161(SC)
The Court of Appeal judgment on “Meaning of Executive Order/Regulation” in the case of ELEPHANT GROUP PLC v. NATIONAL SECURITY ADVISER & ANOR (2018) LPELR-45528(CA)
The Supreme Court judgment on “Policy Documents/Guidance” in the case of COMPTROLLER GENERAL OF CUSTOMS & ORS v. COMPTROLLER ABDULLAHI B. GUSAU (2017) LPELR-42081(SC).
The Supreme Court judgment on “Policy Documents/Guidance” in the case of UNION BANK OF NIGERIA PLC & ANOR. v. IFEOLUWA NIG. ENTERPRISES LTD (2007) 7 NWLR (Pt.1032) 71 at 84.
Nimi Princewill and Stephanie Busari, “Nigeria bans Twitter after company deletes President Buhari’s tweet” (CNN, 5 June 2021)
Adeyemi Adepetun, Sunday Aikulola, Silver Nwokoro, Nkechi Onyedika-Ugoeze and Nnamdi Akpa, “Adeboye, Kumuyi defend Twitter use as envoys again reject ban” (The Guardian, 8 June 2021)
BBC, “Nigeria’s Twitter ban: Government orders prosecution of violators” (BBC, 6 June 2021)
Alfred Olufemi, “After Twitter, Facebook deletes Buhari’s controversial ‘civil war’ post” (PremiumTimes, 4 June 2021)
Anietie Ewang, “Nigeria’s Twitter Ban Follows Pattern of Repression” (Human Rights Watch, 7 June 2021)
Onyekachi Umah, “Twitter vs. Nigeria; The Human Rights of Twitter Inc. and the Twitter Users” (LearnNigerianLaws.com, 8 June 2021)
Onyekachi Umah, “Scarcity of Passport and the Government’s Violation of the Right of Movement” (LearnNigerianLaws.com, 1 June 2021)
Onyekachi Umah, “An Alternative to Courts for Human Rights Cases” (LearnNigerianLaws.com, 14 May 2021)
Onyekachi Umah, “Details of State Offices of National Human Rights Commission” (LearnNigerianLaws.com, 27 October 2020)
Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency” (LearnNigerianLaws.com, 2 April 2020)
Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (LearnNigerianLaws.com, 1 October 2020)
Onyekachi Umah, “How to Report and Discipline Police Officers” (LearnNigerianLaws.com, 25 May 2021)
Onyekachi Umah, “Warrant of Arrest: Contents and Issuance” (LearnNigerianLaws.com, 19 April 2021)
Onyekachi Umah, “12 Situations Where Police Officers Can Arrest Without Warrant” (LearnNigerianLaws.com, 18 June 2019)
Onyekachi Umah, “Stripping Suspects Naked is Torture and it’s a Crime” (LearnNigerianLaws.com, 16 February 2021)
Onyekachi Umah, “Can Police Punish Unlawful Protesters?” (LearnNigerianLaws.com, 15 February 2021)
Onyekachi Umah, “When Can A Protest Become A Riot?” (LearnNigerianLaws.com, 6 November 2020)
Onyekachi Umah, “#EndSarsNow: Punishment For Police (SARS) Torture” (LearnNigerianLaws.com, 6 October 2020)
Onyekachi Umah, “#EndSarsNow: Nigeria Police Lacks Power To Punish” (LearnNigerianLaws.com, 7 October 2020)
Onyekachi Umah, “#EndPoliceBrutality: How To Sue the Nigeria Police Force and Police Officers” (LearnNigerianLaws.com, 14 October 2020)
“Demand justice for Police Brutality in Nigeria” (Amnesty International)
Onyekachi Umah, “Who Can Be Lawfully Killed In Nigeria?” (LearnNigerianLaws.com, 26 October 2020)
Femi Falana, “Police Permit Not Required For Rallies in Nigeria” (Premium Times, 23 January 2014)
Onyekachi Umah, “Can A Person With A Nigerian Flag Be Shot Or Killed?” (LearnNigerianLaws.com,23 October 2020)
Onyekachi Umah, “#EndPoliceBrutality: When & How Can Government Prohibit Protest In Nigeria?” (LearnNigerianLaws.com, 19 October 2020)
Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A Human Right.” (LearnNigerianLaws.com, 15 October 2020)
Onyekachi Umah, “#EndPoliceBrutality: Do You Need A Police Permit To Protest?” (LearnNigerianLaws.com, 16 October 2020)
Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (LearnNigerianLaws.com, 31 March 2020)
Onyekachi Umah, “Duty of Government to Pay Compensation for Damages Caused By Riot.” (LearnNigerianLaws.com, 4 November 2020)
Onyekachi Umah, “Who Pays For Properties Damaged or Lost In A Riot In Nigeria” (LearnNigerianLaws.com, 6 August 2018)
Onyekachi Umah, “List of Fundamental Human Rights In Nigeria.” (LearnNigerianLaws.com, 22 October 2020)
Chris Admin, “Onyekachi Umah Speaks To ChannelsTv On SARS & The New Police Act” (LearnNigerianLaws.com, 9 November 2020)
Onyekachi Umah, “What Is The Punishment For Any Person Including Police Officers That Tortures Another Person” (LearnNigerianLaws.com, 18 December 2018)
Onyekachi Umah, “Is Obeying “Orders From Above” a Defence for Torture in Nigeria” (LearnNIgerianLaws.com, 7 September 2019)
Onyekachi Umah, “Being Present During Torture Without Participating In It, Is A Crime” (LearnNigerianLaws.com, 25 November 2019)
Onyekachi Umah, “New Punishment for Security Officers Involved in Torture in Nigeria.” (LearnNigerianLaws.com, 27 August 2017)
Onyekachi Umah, “Watching Torture but not Participating in it, is Torture.” (LearnNigerianLaws.com, 19 November 2019)
Onyekachi Umah, “Any Security Agency’s Manual/Protocol that Allows Torture Even for National Security Cases is Unlawful and its Officers are Liable.” (LearnNigerianLaws.com, 11 September 2019)
Onyekachi Umah, “Every Child has Right to a Rest and Play” (LearnNigerianLaws.com, 27 May 2021)
Onyekachi Umah, “Child Marriage/Abuse Is A Crime (Rape): An Exposé On Laws Prohibiting Child Marriage” (LearnNigerianLaws.com, 22 June 2020)
Onyekachi Umah, “Forced Marriage Is An Offence In Nigeria.” (LearnNigerianLaws.com, 21 October 2020)
Onyekachi Umah, “Stripping Suspects Naked is Torture and it’s a Crime” (LearnNigerianLaws.com, 16 February 2021)
Onyekachi Umah, “Details of State Offices of National Human Rights Commission” (LearnNigerianLaws.com, 27 October 2020)
Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (LearnNigerianLaws.com, 1 October 2020)
Onyekachi Umah, “States & Areas Offices of Public Complaints Commission” (LearnNigerianLaws.com, 20 November 2020)
Onyekachi Umah, “Complaints That The Public Complaints Commission Can Handle” (com, 30 October 2020)
Stephen Ubimago, ‘Legal Aid Council: Facing Challenge Of Relevance Amid Poor Funding’ (Independent, 27 October 2020)
Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (LearnNigerianLaws.com, 3 December 2019)
Onyekachi Umah, “How Lagos State Is Legislatively Ahead Of Other States” (LearnNigerianLaws.com, 30 September 2020
Onyekachi Umah, “The First Virtual Court Hearing Was In Borno State And Not In Lagos State.” (LearnNigerianLaws.com, 1 June 2020)
Onyekachi Umah, “Emotional, Verbal And Psychological Abuse Is Now Criminal Offences” (LearnNigerianLaws.com, 3 September 2019)
Onyekachi Umah, “Forcing Wife to Stop Work is Now A Crime” (LearnNigerianLaws.com, 21 April 2021)
Onyekachi Umah, “It Is Now An Offence To Force Wife/Husband To Stop Working” (LearnNigerianLaws.com, 28 May 2019)
Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (LearnNigerianLaws.com, 2 March 2021)
Onyekachi Umah, “Hiding/Concealing Domestic Violence Is A Crime” (LearnNigerianLaws.com, 11 December 2020)
Onyekachi Umah, “Domestic Violence Is A Crime Not A Family Dispute” (LearnNigerianLaws.com, 10 December 2020)
Onyekachi Umah, “Why Lagos State Needs A VAPP/SGBV Law” (LearnNigerianLaws.com, 26 January 2021)
Onyekachi Umah, “Lagos State Has No VAPP/SGBV Law !” (LearnNigerianLaws.com, 8 December 2020)
Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (LearnNigerianLaws.com, 4 December 2020)
Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (LearnNigerianLaws.com, 3 December 2020)
Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (LearnNigerianLaws.com, 20 November 2020)
Onyekachi Umah, “Can A Woman Be Charged With Rape” (LearnNigerianLaws.com, 24 June 2020)
Onyekachi Umah, “Can A Husband Rape His Wife” (LearnNigerianLaws.com, 19 June 2020)
Onyekachi Umah, “When Is Seduction Or Indecent Dressing A Justification For Rape In Nigeria?” (LearnNigerianLaws.com, 18 June 2020)
Onyekachi Umah, “New Punishment For Rape In Nigeria” (LearnNigerianLaws.com, 23 June 2020)
Onyekachi Umah, “Rape Cannot Be Settled Out Of Court (No Room For Pay-Off/Forgiveness/Withdrawal Of Complaints” (LearnNigerianLaws.com,26 June 2020)
Onyekachi Umah, “A Female Too, Can BE Guilty Of Rape” (LearnNigerianLaws.com, 13 December 2018)
Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020)
Onyekachi Umah, “How To Prove Rape In Nigeria).” (LearnNigerianLaws.com, 2 July 2019)
Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (LearnNigerianLaws.com, 27 March 2020)
Onyekachi Umah, “Female Genital Mutilation/Cutting/Elongation, Breasts Ironing And Forced Marriage Are Now Criminal Offences In Nigeria” (Daily Law Tips [443])
Onyekachi Umah, “Harmful Widowhood Practices (Traditions) Are Illegal In Nigeria” (Daily Law Tips [Tip 589])
Onyekachi Umah, “Forceful Isolation/Separation Of Family Members/Friends Is Now An Offence In Nigeria” (Daily Law Tips [356])
Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020)
Onyekachi Umah, “Citizen By Marriage Is Discriminatory and Against Nigerian Women”, (LearnNigerianLaws.com, 14 September 2020)
Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020)
Onyekachi Umah, “Can a Married Woman Inherit Her Parents Property?” (LearnNigerianLaws.com, 27 March 2020)
Onyekachi Umah, “Approval For Marriage Of Female Officers/Staff Is Unconstitutional and Discriminatory”, (LearnNigerianLaws.com, 23 September 2020)
Onyekachi Umah, “It Is An Offence To Chase Out Wife/Husband From A Home Or Even Attempt To Do So” (LearnNigerianLaws.com, 17 May 2019)
Onyekachi Umah, “Examining Brutalization of House Helps in Nigeria. (An Exposé on Anti-Cruel Labour Laws in Nigeria)” (LearnNigerianLaws.com, 3 August 2020)
Onyekachi Umah, “11 States That Do Not Protect Children In Nigeria” (LearnNigerianLaws.com, 31 May 2021)
Onyekachi Umah, “Government Can Lawfully Violate Human Rights: The Case of Twitter vs. Nigeria” (LearnNigerianLaws.com, 9 June 2021) < https://learnnigerianlaws.com/government-can-lawfully-violate-human-rights-the-case-of-twitter-vs-nigeria/> accessed 9 June 2021
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