How To Enforce Fundamental Human Rights In Nigeria – Human Rights

Introduction

Under the administration of justice in Nigeria, Fundamental
human rights are duly recognised as important rights, and as a
result, they are entrenched in the 1999 Constitution of the Federal
Republic of Nigeria 1999 (as amended).

In the case of violations, understanding how to enforce these
rights or how to file claims in court for compensatory reliefs
against anyone including a government agency such as the Police is
very important. This article will explain the practical and legal
steps you can take to enforce your fundamental human rights in
Nigeria.

Conceptual Clarification

Fundamental rights are the basic human rights enshrined in the
Constitution of every country, which are guaranteed to all
citizens. They are applied without discrimination on the basis of
race, religion, gender, etc. Significantly, fundamental rights are
enforceable by the courts, subject to certain conditions. They are
also known as packs of rights that are naturally and freely
bestowed on persons (both human beings and corporate beings).

It is important to state that every citizen’s right is
protected by the constitution, therefore, no body or agency is a
permitted to infringe upon these rights except such infringement is
according to the constitution.

However, it’s not every act of violence or mistreatments
that constitutes a breach of a citizen’s fundamental right, for
instance: while unauthorized touch at a place of work by an
employer may constitute a breach of the employee’s fundamental
right, a soldier undergoing training may not be able to complain
against unauthorized touch as under training there are several
unauthorized touches therefore such touch during training will not
constitute a breach of the soldier’s fundamental right.

Finally, it is important to state that most times, each
situation resulting in an infringement of rights is different and
will be resolved based on their peculiarity when taken to
court.

Are There Provisions That Protect Human Rights in Nigeria?

The Constitution of the Federal Republic of Nigeria 1999 (as
amended¹) provides for enforcement of fundamental
rights. Some of the rights guaranteed in Chapter IV of the
Constitution of the Federal Republic of Nigeria 1999 (as amended)
include:

1. Right to life




2. Right to dignity of human person




3. Right to personal liberty




4. Right to fair hearing




5. Right to private and family life




6. Right to freedom of thought, conscience and religion




7. Right to freedom from discrimination

Where Should I Go for Redress If My Human Rights Are
Violated?

Redress on human rights violations can be sought in the High
Court within the State; Which can be the State High Court or
Federal High Court.

Practical Steps In The Enforcement Of Human
Rights

1. Document the Violation:

(i) To successfully pursue your case in court it is necessary to
have evidence to back up your claim. You can’t just assume you
have a case; you must be able to prove it in court. Therefore, it
is prudent where possible to keep detailed records of the
violation, including dates, times, locations, individuals involved,
and photos or videos. This documentation will be crucial in helping
you establish the breach.

2. Seek Legal Advice:

Ordinarily, it is not mandatory to retain the services of a
lawyer to file a complaint in Court for human rights violation
because the access to the Courts is open to everyone, and the
Fundamental Rights Enforcement Procedure Rules specifically
provides that anyone who believes that his human rights have been
or likely to be violated may approach a High Court for
redress².

However, obtaining legal advice from Lawyers is necessary and
very beneficial because:

1. Lawyers are in a good position to offer professional advice
   regarding the remedies available to you in such cases. This is
   because lawyers have good understanding of human rights provisions
   enshrined in various international Human Rights Treaties, as well
   as those contained in the Constitution of the Federal Republic of
   Nigeria.




2. Lawyers have a sound knowledge of the practice and procedure
   adopted by the Courts to address Human Rights complaints. Without a
   lawyer to guide you in the process of seeking redress, your
   complaints may not be heard or may be dismissed for failing to
   comply with the procedural requirements for filing such
   complaints.




3. Lawyers are trained in the art of presenting evidence to prove
   cases.




4. Lawyers provide adequate representation within the bounds of
   the law.

Moreso, it is pertinent to state that each lawyer’s
experience and expertise varies, and therefore, it is important to
find a lawyer who is most suitable for your case.

Finally, you can consult the Legal Aid Council at the federal
and state level. They also provide guidance on the appropriate
legal remedies and help you understand the best course of action
based on your specific situation.

3. Engage Human Rights Organizations:

There are numerous Human Right Organizations in Nigeria and you
may reach out to these human rights organizations and NGOs
operating in Nigeria, especially where there are no financial
resources available to seek redress. These organizations may be
able to offer support, advocacy, and legal assistance.

4. Engage with International Bodies:

If your rights violation is particularly egregious and
you’re not seeing progress at the national level, you may
consider reaching out to international human rights organizations
and agencies, such as the United Nations Human Rights Council.

There are a few advantages for opting to seek redress for Human
Rights violations in other forums such as the National Human Rights
Commission and the Public Complaints Commission. The first is that
these forums adopt less formal procedure to receive and hear
complaints for Human Rights violations.

Secondly, these forums are open and accessible to all citizens
who wish to file complaints for Human Rights violations.

Thirdly, unlike the Courts, these institutions are empowered to
carry out investigations that border on Human Rights
Violations.

5. Use of Social Media and Public
Awareness:

Sharing your story on social media and with the press can help
raise awareness about your situation. Public pressure can sometimes
lead to faster resolutions and accountability. However, while
advocating for your rights, be mindful of your safety and security,
especially if you’re dealing with powerful entities or
individuals.

What are the Possible Remedies the court can Award an Aggrieved
Person?

Remedies for human rights violations are measures that aim to
restore the rights and dignity of victims and prevent future
abuses. Some examples of remedies for human rights violations
are:

1. The Writ of Habeas Corpus: This literally
   means “To have body” it is used primarily to challenge
   the detention of any person either in official custody or in
   private hands to ensure that a person wrongfully detained is
   released forthwith.




2. Damages: Damages are monetary awards made to
   litigants to assuage them for the loss suffered.




3. The Order of Mandamus: Mandamus is an order
   which compels the performance of a public duty as a first resort
   where no other remedy is available.




4. The Order of Certiorari: This is a prerogative
   order which enables a superior tribunal to call upon an inferior
   tribunal to bring up the record upon which the inferior court based
   it’s decision.




5. Declaratory Judgments: A declaratory judgment
   lies at the discretion of the court. It is available to an
   individual who can prove that his private right including any of
   the fundamental human rights has been infringed by a government,
   its agent or a private individual.

CONCLUSION

Finally, the process of seeking justice for human rights
violations can be lengthy and challenging. It is important to stay
persistent, informed, and seek legal advice to navigate the
specific circumstances of your case. Additionally, the legal and
human rights landscape in Nigeria may change, so it’s a good
idea to stay updated on any developments in the legal system and
human rights advocacy in the country.

Footnotes

1. Chapter IV of the Constitution of the
Federal Republic of Nigeria 1999 (as amended).

2. Order 11, Rule 1 of Fundamental Right
Enforcement Procedure 2009.

Originally published October 15, 2023

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.