1. Right to life
2. Right to dignity of the 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 of expression and the press
8. Right to peaceful assembly and association
9. Right to freedom of movement
10. Right to freedom from discrimination
11. Right to acquire and own immovable property anywhere in Nigeria
12. Right to participate in government, either directly or through freely chosen representatives
RIGHT TO LIFE
The right to life in the Nigerian Constitution 1999 as amended is provided under Section 33. It guarantees every individual the right to life, except in cases where it is lawful to take life, such as in self-defense or in execution of a court judgment. Notable cases affirming this right include Minister of Interior v. Alhaji Shugaba Darman (2018), where the court emphasized the sanctity of life, and Mohammed v. Commissioner of Police (2002), where the court held that the right to life is paramount and should not be unlawfully deprived.
RIGHT TO DIGNITY OF THE HUMAN PERSON
The right to dignity of the human person in the Nigerian Constitution 1999 as amended is provided under Section 34. It protects individuals from inhuman and degrading treatment. Notable cases include Mohammed v. Commissioner of Police (2002), where the court emphasized the importance of preserving human dignity even during arrest and detention, and Akpabio v. State (2017), where the court reiterated that the right to dignity must be respected in all circumstances.
RIGHT TO PERSONAL LIBERTY
The right to personal liberty in the Nigerian Constitution 1999 as amended is provided under Section 35. It guarantees freedom from arbitrary arrest or detention and ensures that individuals cannot be deprived of their liberty except in accordance with the law. Notable cases affirming this right include Akpabio v. State (2017), where the court emphasized that any restriction on personal liberty must be lawful and Director General, State Security Service v. Olisa Agbakoba (1999), where the court held that unlawful detention violates the right to personal liberty.
RIGHT TO FAIR HEARING
The right to fair hearing in the Nigerian Constitution 1999 as amended is provided under Section 36. It ensures that every individual is entitled to a fair and impartial hearing within a reasonable time by a competent court or tribunal. Notable cases include Amaechi v. INEC (2008), where the court emphasized the importance of fair hearing in electoral disputes, and Garba v. University of Maiduguri (1986), where the court held that fair hearing includes the right to be heard before any adverse decision is made against an individual.
RIGHT TO PRIVATE FAMILY LIFE
The right to private and family life in the Nigerian Constitution 1999 as amended is provided under Section 37. It protects individuals' rights to privacy, home, correspondence, and family life. Notable cases include Ransome-Kuti v. Attorney General of the Federation (1985), where the court affirmed the inviolability of the home as a fundamental right, and Akpabio v. State (2017), where the court emphasized the importance of protecting individuals' private and family life from unwarranted intrusion.
RIGHT TO FREEDOM OF THOUGHT
The right to freedom of thought, conscience, and religion in the Nigerian Constitution 1999 as amended is provided under Section 38. It grants individuals the freedom to hold and practice any religion or belief of their choice without interference. Notable cases include Onuoha v. Okafor (1994), where the court upheld the right to freedom of religion as fundamental, and Bode v. Chief C. O. A. Okupe (1995), where the court affirmed the right to hold and express religious beliefs without fear of discrimination or persecution.
RIGHT TO FREEDOM OF EXPRESSION
The right to freedom of expression and the press in the Nigerian Constitution 1999 as amended is provided under Section 39. It guarantees individuals' rights to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference. Notable cases include A.G. Lagos State v. Dosunmu (1989), where the court emphasized the importance of freedom of expression in a democratic society, and Dokubo-Asari v. Federal Republic of Nigeria (2007), where the court affirmed the right to express political opinions without fear of persecution.
RIGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION
The right to peaceful assembly and association in the Nigerian Constitution 1999 as amended is provided under Section 40. It guarantees individuals' rights to freely assemble and associate with others for peaceful purposes, including for political, religious, or social reasons. Notable cases include All Nigeria Peoples Party v. Inspector General of Police (2008), where the court upheld the right to peaceful assembly as essential for democracy, and Women Trafficking and Child Labour Eradication Foundation v. Attorney General of Lagos State (2016), where the court affirmed the right to associate freely for social causes.
RIGHT TO FREEDOM OF MOVEMENT
The right to freedom of movement in the Nigerian Constitution 1999 as amended is provided under Section 41. It guarantees individuals' rights to move freely throughout Nigeria and to reside in any part thereof. Notable cases include Akpabio v. State (2017), where the court emphasized the importance of protecting individuals' freedom of movement, and Agbaje v. Ogunewe (1999), where the court held that any restriction on the right to freedom of movement must be lawful and reasonable.
RIGHT TO FREEDOM FROM DISCRIMINATION
The right to freedom from discrimination in the Nigerian Constitution 1999 as amended is provided under Section 42. It prohibits discrimination against individuals on the basis of their ethnicity, religion, gender, race, or political affiliation. Notable cases include Akpabio v. State (2017), where the court emphasized the importance of upholding the right to freedom from discrimination, and Ezeugo v. Ezeugo (1991), where the court held that discrimination based on gender violates the constitutional right to equality.
RIGHT TO ACQUIRE AND OWN IMMOVABLE PROPERTY ANYWHERE IN NIGERIA
The right to acquire and own immovable property anywhere in Nigeria is provided under Section 43 of the Nigerian Constitution 1999 as amended. This section guarantees individuals' rights to acquire, own, and dispose of property without discrimination. While there may not be specific notable cases directly addressing this section, various property-related disputes have been adjudicated in Nigerian courts, emphasizing the importance of property rights as enshrined in the Constitution.
RIGHT TO PARTICIPATE IN GOVERNMENT, EITHER DIRECTLY OR THROUGH FREELY CHOSEN REPRESENTATIVES
The right to participate in government, either directly or through freely chosen representatives, is provided under Section 14 of the Nigerian Constitution 1999 as amended. This section emphasizes the principle of popular sovereignty, stating that sovereignty belongs to the people of Nigeria from whom government derives its powers and authority. While there may not be specific notable cases directly addressing this section, various electoral disputes and constitutional interpretations have affirmed the importance of citizens' participation in government through elections and other democratic processes.
No comments:
Post a Comment