RESTRICTION OF SPECIFIC FUNDAMENTAL HUMAN RIGHTS
The main restrictions on specific fundamental human rights in Nigeria are as regards to the right to life, right to dignity, and freedom from discrimination. These rights are not only restricted upon but blatantly violated by the nation that has in her conduct and action agreed to adhere to such upholding of human rights within her territory, but examples to the contrary can be expressed.
Restriction of Right to Life
As reiterated before a person’s right to life is a fundamental human right but can as well be restricted in several forms be it abortion or capital punishment. However as abortion is already illegal in Nigeria, while capital punishment isn’t as many see it as a violation of right to life, but we have seen violations of human rights being carried in the sentencing to death and executing accused persons who either due to some technicality or another, those who’s trial process were not properly handled in relation to a person’s right to fair hearing. A miscarriage of justice occurs where capital punishment is given and metted out on innocent person as such the International community have called for
A radical judgment occurred where the Community Court of Justice of the Economic Community of West African States (ECOWAS) stood up against death penalty imposed on Maimuna Abdulmumini and ThankGod Ebhos minors that were sentenced to death in Nigeria.
The first Maimuna Abdulmumini was tried for the alleged murder of her husband when she was only thirteen years old and was subsequently sentenced to death by a Katsina State High Court in early 2012. If not for the interference Lawyers without Borders –France who filed and won an application for interim measures on Maimuna’s behalf thus restraining the Nigerian government from executing her. Unfortunately situations like this occur with untold stories of minors like Maimuna who were sentenced to death.
The Community Court of Justice (ECOWAS) declared that pronouncing the death penalty on Maimuna for an offence she committed as a minor was a breach of Article 6 subsection 5 of the International Covenant on Civil and Political Rights (ICCPR) which says
“Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women”
ThankGod Ebhos like Maimuna Abdulmumini was sentenced to death at a juvenile age by a military tribunal for committing armed robbery (car-jacking) ,in the same vein the Lawyers Without Borders-France intervened by filing and winning an injunction at the court restraining Edo State Government from carrying out the death penalty against him as for starters he had been a minor at the time and on the basis that his appeal was still pending being a gross violation of his right to appeal as contained in section 6 subsection 4 of ICCPR.
Unfortunately many are not as lucky as Maimuna and ThankGod regardless of the decrease in number of executions in the last five years Nigeria still remains a death penalty hungry state as tracked by Amnesty last year out of the data crunched within 55 countries, Nigeria accounted for over a quarter of the total 2,466 death penalty sentences in the world.
Nigeria is a party to both the civil pact and the social pact respectively yet, infringements of the provisions of such important treaties occur on a daily basis. While capital punishment is a restriction on the right to life on an even more gross scale is sentencing minors to death which is a major violation of human rights. When there is no application and enforcement which in turn becomes a restriction to citizens who are well within their right to be treated humanely.
Restriction of Right to Dignity
The Nigerian Prison System is at a deplorable state in relation to human rights situations.
Some prisoners have awaited trial in detention for up to seven years and most have been presumed guilty before trial even occurs. Though prison guards are often aware of the international standards for the health and safety of prison conditions; none of these guidelines are followed. The Nigerian Constitution (section 34) and the International Covenant on Civil and Political Rights (ICCPR), which Nigeria is a signatory of, and has subsequently ratified, provides for a speedy trial upon arrest. Given the lengthy pre-trial stay of inmates, this is obviously a guideline that is being ignored. The the presumed guilt of many of the inmates violates the Universal Declaration of Human Rights and the Nigerian Constitution which guarantees a presumption of innocence upon an individual's arrest.
Nigeria's current prison is not only corrupt but it is inhumane. Arbitral arrests where the accused is devoid of his basic human rights. It is not rare for Nigerian citizens to be convicted for crimes un committed, or even denied an appeal as a plethora are presumed guilty prior to the end of the trial process.
Restriction of Right to Freedom from Discrimination
Women are discriminated within the patriarchal system practiced in Nigeria, and some laws with the inclusion of the 1999 Constitution of the Federal Republic has discriminatory provisions.
Some laws such as the Police Regulations Act are clear examples of the crippling disease known as discrimination.
Section 118 of the Police Regulations Act provides that a married female may not qualify for the position of a constable. This provision is not there for the male counterpart.
Section 127 of the Police Regulations Act provides that an unmarried female who becomes pregnant shall be discharged from her duties and will only be allowed to return to work upon the approval of the Inspector General of Police, this provision as well is nonexistent for a male counterpart.
Although some may argue the constitution frowns, or prohibits discrimination on the basis of sex seen in section 42 of the constitution, many would argue that as there are only two sexes women are also covered. In spite of this many provisions are still out rightly discriminatory, and even the language used in the provisions of the 1999 constitution re-echo the patriarchal nature of Nigeria embedded in it.
The Section 26 of the 1999 Constitution defines who is a Nigerian citizen and how same may be acquired by naturalization and by registration. The Constitution makes no provision for the process by which non-Nigerian men married to Nigerian women and who are so desirous, may become Nigerian citizens. Furthermore, section 29(4) (b) of the constitution provides for the renunciation of citizenship and thus allows an under aged woman to revoke her citizenship even when she has not attained the age of majority or the constitutional voting age.
Section 29(4) (b) which provides that “any woman who is married shall be deemed to be of full age” is equally discriminatory and encourages child marriages.
Cases like Nzekwu v. Nzekwu where the Supreme Court of Nigeria restated that the widow’s dealings with her husband’s property must receive the consent of his family, and she cannot claim the property as her own. Cases like these have hindered women extremely from taking their matters to court as they are not like to know if they will succeed even they possess a valid claim.
GUARANTEE OF HUMAN RIGHTS IN NIGERIA: A WAY FORWARD
Upon the consideration of human rights in Nigeria and the extant laws for her protection, this work recommends the following strategy towards the removal of human rights restrictions in Nigeria.
It is suggested that a new mentality and mind renewal towards the enforcement and guarantee of human rights be advocated for in Nigeria as the mind is the most powerful starting point for change.
Also, the institutions for the protection and guarantee of human rights in Nigeria must be assessed periodically, more often than usual, in view of the malady in the system of promotion, protection and guarantee of human rights in Nigeria.
Awareness creation is also advised, this would ensure that members of the society are apprised of their rights. The illiterates and the minorities should be considered in the creation of awareness. Hence this work suggests that, awareness should be strategically created in these areas, in a media understood by the members of the society, in order to ensure that all categories of persons are fully aware of the stand of the law in regards to their human rights.
A review of certain laws that impede the full manifestation of the spirit and letters of human rights laws should be carried out in order to ensure that the law is not hijacked by scrupulous persons as an instrument of oppression of the masses a classic example is the immunity clause.
A consortium for the protection of human rights universally should be created to look into human rights abuses especially in political issues. The consortium would be saddled with the responsibility of being a watch dog and whistle blower for flagrant violation of human rights on political basis.
Conclusion
It is imperative to note that the purpose or intention for jurisdictions all over the world to include fundamental human rights within their municipal laws is for protection of constituents and prevention of abuse of these fundamental rights either by the government or any other party. “In the realm of Municipal Laws, Fundamental Rights enjoy a special protection in the Constitutions of various”. In the words of Nelson Mandela “To deny people their human rights is to challenge their very humanity”. Nigeria has quite a distance to go in the reduction and subsequent total removal of human rights restrictions that inhibit the operation of human rights within her territory. One of the primary roles of a country is for the protection of their citizenry in which fundamental human rights play an immense part in the protection of people. No Human right is absolute, or without restrictions, certain rights may be taken away in accordance with the provisions of the law, however the law should not in turn become the reason why basic fundamental human rights are disregarded or effectively utilized and enforced. As such a country must search itself for lapses that can be covered up to bring about a most effective fora for the meeting of human rights need with minimal restrictions of its people. Nigeria as a country has a duty to play so that restrictions of human rights remain at a bare minimum, and the