By Hameed Ajibola Jimoh Esq.

The 1st day of October of every year marks the Independence Day Anniversary of Nigeria and the 1st day of October, 2020, is not an exception to this fact as Nigeria clocks 60 years of gaining independence from the colonial masters after experiencing colonization, indirect rule, among other impacts of colonialism and was then given independence in the year 1960 till date.

There have nevertheless been several allegations of abuses and or violations of rights of citizens of Nigeria which continue to be perpetrated one way or the other by either the government or its agencies or private persons. This paper aims at assessing the rate of respect for the human rights of Nigerian citizens (which though in my respectful view, human rights have been lowly rated) while recommending to the government (as well as human rights activists) not to relent in its desire to safeguard the human rights of Nigerians passionately and this paper also wish to rejoice with Nigeria, the Nigerian government at all levels and the Nigerian citizens on the 2020 Independence Day Anniversary whereat Nigeria is 60 years old , hence, this topic of this paper.

Human rights have been said to be inviolable and inalienable rights of man, even God Almighty has by nature conferred some basic human rights on man, such as: right to life, right to freedom of expression, right to freedom of liberty, right to the dignity of human person, right to freedom of association, right to conscience and religion, among others. Under the Nigerian Constitution, 1999 (as amended)-herein after referred to as the Constitution-, some of these rights have been codified in Chapter IV of the Constitution and are referred to as the ‘Fundamental Rights’. Some human rights have been termed ‘socio-economic rights’ and have been codified in Chapter II of the Constitution which are generally (except in some certain exceptions) unenforceable or non-justiciable in our courts. The international laws on human rights have gone to recognize the importance of human rights by first of all, having agreed as a treaty of member States or as a contract under the African Charter on Human and Peoples’ Rights and the United Nations Universal Declaration of Human Rights, 1948. Also, there are International Socio-Economic Rights which in my humble view, become binding on Nigeria (notwithstanding the Chapter II of the Constitution) by virtue of Nigeria signing same into law, which then makes same to become part of Nigerian laws. Those rights provided under Chapter IV of the Constitution are as follows: right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to peaceful assembly and association, right to freedom of movement, right to freedom from discrimination, right to acquire and own immovable property anywhere in Nigeria, compulsory acquisition of property (i.e. its limits) and the restriction on and derogation from those fundamental rights as well as Special jurisdiction of High Court and legal aid. While those rights are specifically guaranteed under Chapter IV of the Constitution, other international human rights laws have them provided in Articles, for instance, the African Charter on Human and Peoples’ Rights and the United Nations Universal Declaration of Human Rights, 1948. Provision of those human rights guaranteed under these laws are not just for fancy or camouflage rather, occasions in the past had justified their guarantee in our organic or Supreme laws for the purpose of safeguard. Victims and of course, past heroes of local and international communities had actually fought and paid with their lives and body through injuries sustained when those human rights were not guaranteed, the situation which gave rise to those rights to be guaranteed in every Constitution of every country and in international laws as a matter of importance.

Furthermore, fundamental rights are rights guaranteed in the Constitution and they are rights which every person is entitled to, when he is not subject to the disabilities enumerated in the Constitution to be enjoyed by virtue of being a human being. They are basic that they are entrenched in a particular chapter of the Constitution. See: Odogwu v A.G. Federation (1999) 6 NWLR (pt. 455) p. 508, Ratio 6. Human rights or fundamental human rights are provided for by the Constitution, the African Charter on Human and Peoples’ Rights-herein after referred to as ACHPR, United Nations Universal Declaration of Human Rights, among other laws. These are general human rights laws. There are other laws that are specific human rights laws such as: (i) Anti-torture Act, LFN, 2017 (ii) Freedom of Information Act, LFN, 2011 (iii) Child’s Rights Act, 2003 (iv) the Police Act, 2020, the Adminsitration of Criminal Justice Act, 2015 (or other laws of the States); (v) Fundamental Rights (Enforcement Procedure) Rules, 2009- herein after referred to as FREPR, among others.

Furthermore, under the Constitution, Chapter IV has laid down all the fundamental rights that every person as a Nigerian citizen is entitled to. Also, under the Constitution, section 46 and Order II Rule I of the FREPR provide that ‘any person who alleges that any of the provisions of the Constitution in Chapter IV is being or has been or is likely to be contravened in any State in relation to him may apply to a High Court for redress. Also, Chapter II of the Constitution contains some human rights which are not generally justiciable concerning some judicial proceedings on that issue unless there is a statute or another part of the Constitution giving the force of law to them or any of them.

Furthermore, under the ACHPR, Part II, Chapter I has established the African Commission on Human and Peoples’ Rights under Article 30, to promote human and peoples’ rights and ensure their protection in Africa.

Furthermore, the Economic Community for West African State-herein after referred to as ECOWAS-, Court of Justice established pursuant to the ECOWAS protocol can also be utilized on the enforcement of human and peoples’ rights.

The Preamble to the FREPR has stated the overriding objectives of the FREPR in item 1 thus ‘‘The Court shall constantly and conscientiously seek to give effect to the overriding objectives of these Rules at every stage of human rights action, especially whenever it exercises any power given to it by these Rules or any other law and whenever it applies or interprets any rule. 1. Parties and their representatives shall help the Court to further the overriding objectives of these Rules. 2. The overriding objectives of these Rules are as follows: a. The Constitution, especially Chapter IV, as well as the African Charter, shall be expansively and purposely interpreted and applied, with a view to advancing and realising the rights and freedoms contained in them and affording the protections intended by them. b. For the purpose of advancing but never for the purpose of restricting the applicant’s rights and freedoms, the Court shall respect municipal, regional and international bills of rights cited to it or brought to its attention or of which the Court is aware, whether these bills constitute instruments in themselves or form parts of larger documents like constitutions. Such bills include; i. The African Charter on Human and Peoples’ Rights and other Instruments (including protocols) in the African regional human rights system,

The Universal Declaration of Human Rights and other instruments (including protocols) in the United Nations human rights system, a. For the purpose of advancing but never for the purpose of restricting the applicant’s rights and freedoms, the Court may make consequential orders as may be just and expedient. b. The Court shall proactively pursue enhanced access to justice for all classes of litigants, especially the poor, the illiterate, the uninformed, the vulnerable, the incarcerated, and the unrepresented.

Furthermore, it is noteworthy for me to emphasise here that the FREPR is sui generis i.e. of its own rules and procedures. For instance, in the case of Enukeme v Mazi (2015)17 NWLR (1488)411 C.A. at page 434 paras. A-C, Mbaba, J.C.A. (delivering the leading judgment), held thus ‘I must start by stating the obvious, that Fundamental Rights Enforcement Procedure is sui generis, being specially and specifically designed with its own unique rules by the Constitution, to address issues of fundamental rights of persons protected under the Constitution. Of course, consideration of issues founded on breaches of fundamental rights in this case must be handled within the exclusive confines of the Fundamental Rights (Enforcement Procedure) Rules, 2009, which actually came to correct some perceived wrongs and hardship which the 1979 Rules (fashioned on the 1979 Constitution) caused to applicants seeking enforcement of their fundamental rights, especially in the areas of adherence to undue technicalities and delays in determining applications’. The case of Loveday v Comptroller, Fed. Prisons Aba (2013) 18 NWLR (pt. 1386) 379 C.A. is also humbly referred to.

Furthermore, a consideration or study of the respect of human rights by Nigerian government and or its agencies would discover that the respect for human rights of Nigerians by government and or its agencies is very low despite the old age of Nigeria at 60, though, there is an improvement compared to the past experiences of her citizens on human rights violations alleged against the government of the past! To that extent, the word ‘police is your friend’ is many times translated and or interpreted by the some members of the public especially the voiceless, the less privileged, the indigent, the vulnerable etc., to mean ‘police and other uniformed security men are your open enemies’! This though in my humble view with due respect, a wrong notion, is likely to have been inspired by some of the high handedness, ill-treatment, abuse of human rights, etc., that some citizens have experienced in the hands of some of these law enforcement and security agencies of government which the government itself is yet to rectify and or address to the satisfaction, trust and belief of the victims and their brothers’ keepers (fellow citizens who are their borthers’ keepers)! Even many Nigerians are still very afraid or uniformed personnel of government (especially the police and the Armed Forces) as a remnant of the military era in the Nigerian history!

Furthermore, this paper is of the recommendations that in order for there to be a great improvement in the violation of human rights of the citizens, the Nigerian government must make sure that laws, policies and manners of operation and enforcement of those laws do not violate human rights of citizens. Also, the government must ensure that there is adequate continuous trainings for all its law enforcement and security agencies on the respect for human rights and for them to realize that the State’s weaponry that they carry are not for the intimidation, oppression and victimization of the citizens rather for the citizens’ safety, protection, security and rescue. Also, there is need for a rapid collaboration, efforts and commitments by the government, the courts of law, human rights activists and the Nigerian citizenry as stakeholders in the safeguard of the human rights of Nigerian citizens on the need to protect the human rights of Nigerians. Our Nigerian courts specifically as the last hope of the common man, must reprimand and or discourage violation of human rights of citizens by government (and private persons) done without compliance with the Constitution, by utilizing its discretion and judicial powers generally and in award of compensation and or damages in such a way that trivializing damages such as low as less than a million naira is not awarded against any government’s law enforcement and or security agency that it has discovered has violated human rights of any citizen and must ensure that such violation is redressed. Also, enforcement of judgments arising from fundamental rights suits must not be restricted by the unnecessary and prejudicial requirement for the consent of the Attorney-General of either the Federation or the State (as the case might be) and there must be no other restrictions to the applicant to enjoy his fruits of judgment held in his favour. It is in my humble advice that human rights lawyers/activists and the applicant should try to always enforce such violation of human rights and or low compensation up to the Supreme Court of Nigeria in the interest of justice. Furthermore and having said the above, it is also very important for me to state that I had written two (2) different letters to the Honourable, the Chief Justice of Nigeria both in 2018 and 2019 respectively recommending My Lord, pursuant to Section 46(3) of the Constitution, for: (1) a ‘no chargeable fees’ on enforcement of fundamental rights actions; (2) establishment of special panel courts in High Courts in Nigeria to hear fundamental rights enforcement cases; and (3) establishment of a Fundamental Rights Enforcement Monitoring Committee. And ( of recent in 2019) recommending that the Honourable, the Chief Justice of Nigeria: (i) should utilize his powers pursuant to the section 46(3) of the Constitution and other enabling sections of the Constitution and the Interpretation Act, by making and or amending the provisions of the current FREPR or by passing a Practice Direction on Rules and Procedures on the Service and execution in a State or High Court of the fundamental rights processes, judgments, decrees, orders and other decisions of any court of law outside Nigeria or any court of law in Nigeria so far it pertains to the fundamental rights enforcement suits, which will depart from the provisions of the Sheriffs and Civil Process Act and its accompanying subsidiary legislations especially the careless (and militant) provisions of requirement for consent of the Attorney-General of the Federation or of the State before such moneys awarded to an Applicant under the Rules, can be garnished. (ii) set up a Committee to immediately consider means of implementation of the research work submitted to His Lordship.

It is further humbly recommended here for a time limits in the enforcement of fundamental rights enforcement suits and to that extent, it is humbly recommended that fundamental rights enforcement proceedings should be concluded at first instance, within a maximum period of 2 months, while an appeal in such cases shall be concluded and decided within the maximum periods of 1 month based on the brief of argument of parties and at the Supreme Court, within 2 weeks. In total, the trial and appeal, excluding the time for filing and reply as discussed above, it will all be concluded up to the Supreme Court of Nigeria within the maximum periods of 3 months and 2 weeks. Also, it is submitted that vacation and or holidays should not be a hindrance to the hearing of human rights proceedings. Furthermore, execution of the decision and or judgment in fundamental rights cases is submitted to be effected without any hindrance. It is the above recommendations (and in addition to the submission and recommendations that I have made in this paper) that I still humbly recommend to the Honourable, the Chief Justice of Nigeria, to consider at the time His Lordship is prepared to review the Rules.

Finally on my recommendations, I am of the humble submission that the current FREPR is due for review by the Honourable, the Chief Justice of Nigeria. I am also of the recommendation that at least, at every five (5) years and maximum period of ten (10) years, any FREPR in force should always be reviewed most especially, in line with the overriding objectives of the Rules as enumerated in the preamble to the Rules. I also hope that my recommendations made and submitted to the Honourable, the Chief Justice of Nigeria as well as those made in this paper would be given deserving considerations and approval for the purpose of advancing the fundamental or human rights of Nigerian citizens and not swept under the carpet. I also hope that the Nigerian Bar Association would set up a Committee to consider a review of the said FREPR without any delay and human rights activists too would stand up for the clarion call for review of the FREPR, 2009.

Finally, it is my humble view that if all the above recommendations made in this paper are put into reality and with all our joint efforts, abuse of human rights in Nigeria would be a thing of the past!

Long live the Federal Republic of Nigeria and a happy 60th Independence Day Anniversary!

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