Home Project-material CHALLENGES OF ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999, (AS AMENDED).

CHALLENGES OF ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999, (AS AMENDED).

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Abstract

Fundamental Human Rights provisions have continued to feature very prominently in the successive Constitutions of the Federal Republic of Nigeria, since independence and there have been a rise in the activities of Human Right groups in Nigeria even with the advent of this democratic experiment. Despite all these, Human Rights abuse is on the increase. The specific objectives of this study are: (1) To evaluate the provisions on Fundamental Human Rights in the Nigerian Constitution. (2) To consider the extent of its enforceability under the Rules. 3) To consider and examine the challenges of enforcement of these Rights. 4) To make a case for the justiciability of the provisions of Chapter II of the 1999 Constitution of the Federal Republic of Nigeria. The study relied on Primary and Secondary sources of Information. The Primary Sources are: - Administrative decisions and ruling, Constitution, Judicial decisions and Administrative rules and regulations among others. Secondary Sources

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

The foundation of any genuine democracy is embedded in the rule of law, a principle that demands devotion to the spiritual and moral values, the common heritage of the people and the true source of individual freedom and political liberty. These democratic ideas are presently being assimilated into the people’s consciousness in Nigeria as the nascent democratic experiment gradually solidifies. There is increasing awareness by the citizenry of the existence of constitutionally guaranteed rights. The utility of these rights can only be attained through the process of law enforcement. It is not useful to talk of right which lies only in the realms of human imagination.

Human rights are in some circles discussed, but erroneously, as synonymous with constitutional rights. This might be, because the general conception is that every right is enforceable in law. The word ‘right’ means that to which a person has a just and valid claim, whether it be land, a thing or the privilege of doing something. ‘Human’ pertains to having characteristics of, or the nature of mankind, everywhere, and at all times have by virtue of being mortal and rational creature. They are inherent in every human creature by virtue of his humanity. These rights embrace a wide spectrum of civil, political, economic, social cultural, group solidarity and developmental claims which are considered indispensable to a meaningful human existence.

The constitution on the other hand is the body of laws on the basic of which a state (Country) is governed. In Nigeria, the constitution is the supreme law of the land on the basis of which the validity of other laws is determined. It is the grundnorm of the country’s corpus juris

1

. Rights in the constitution are enforceable in accordance with the provisions of the constitutions unlike general human rights some of which are not justiciable and constitute mere aspirations of the citizens.



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