What are the 10 Fundamental Rights?

 

Every person has right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.

In this article, you should be able to identify the fundamental human rights provisions and know the derogative from it thereof.

 

What is Fundamental Rights?

Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process.

A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary:

a. for the defense of any person from unlawful violence or for the defense of property.

b. In order to affect a lawful arrest or to prevent the escape of a person lawfully detained.

c. For the purpose of suppressing a riot, insurrection or mutiny.

Also read: 15 Essential Characteristics of Human Rights

12 Fundamental Rights

1. Right to Dignity of Human Person

2. Right to Personal Liberty

3. Right to Fair Hearing

4. Right to Private and Family Life

5. Right to Freedom of thought, Consumer and Religion

6. Right of Freedom of Expression and the Press

7. Right to Peaceful Assembly and Association

8. Right to Movement

9. Right to Freedom from Discrimination

10. Right to acquire and Own Immovable Property anywhere in Nigeria

Let explain in detail!

Also read: Historical Antecedents of Human Rights in Nigeria

Right to Dignity of Human Person

1. Every individual is entitled to respect for the dignity of his person, and accordingly:

a. No person shall be subjected to torture or to inhuman or degrading treatment;

b. No person shall be held in slavery or servitude; and

c. No person shall be required to perform forced or compulsory labour.

2. For the purpose of subsection (1) (c) of this section, “forced or compulsory labour” does not include:

a. Any labour required in consequence of the sentence or order of a court

b. Any labour required of the members of the armed forces of the federation or the Nigerian Police Forces in pursuance of their duties as such

c. In the case of persons who have conscientious objections to service in the armed forces of the federation, any labour required instead of such service.

d. Any labour required which is reasonably necessary in the event of any emergency or threatening the life of well-being of the community.

e. Any labour or service that forms part of-

(i) Normal communal or other civic obligations for the well-being of the community,

(ii) Such compulsory national service in the armed forces of the federation as may be prescribed by any act of the National Assembly, or

(iii) Such compulsory national service which forms part of the education and training of citizen of Nigerian as may be prescribed by an act of the National Assembly.

 

Right to Personal Liberty

1. Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law:

a. In execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty.

b. By reason of his failure to comply with the order of a court to secure the fulfillment of any obligation imposed upon him by law.

c. For the purpose of bringing him before a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence.

d. in the case of person who has not attained the age of eighteen years, for the purpose of his education of welfare.

e. in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drug or alcohol or vagrants, for the purpose of their case or treatment or the protection of the community.

f. for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:

1. Provided that a person who is charged with an offence and who has been detained in lawful custody, awaiting trial, shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.

2. Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

3. Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.

4. Any person who is arrested or detained in accordance with subsection (1)(c ) of this section shall be brought before court of law within a reasonable time, and if he is not tried within a period of:

a. two months form the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail, or

b. three months from the date of his arrest or detention in the case of a person who has been released on bail.

5. He shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.

In subsection (4) of this section, the expression “a reasonable time”  means-

a. In the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometers, a period of one day.

b. In any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.

6. Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person and in this subsection, “the appropriate authority or person” means an authority or person specified by law.

7. Nothing in this section shall be construed-

a. in relation to subsection (4) of this section as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and

b. as invalidating any law by reason only that it authorizes the detention for a period not exceeding three months of a member of the armed forces of the Federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria Police Force, in respect of an offence punishable by such detention of which he has been found guilty.

 

Right to Fair Hearing

1. In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

2. Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority, power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law –

a. Provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and

b. contains no provision making the determination of the administering authority final and conclusive.

3. The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

4. Whenever any person is charged with a criminal offence, he shall unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal: Provided that:

(a) A court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interest of justice;

(b) If in any proceedings before a court or such a tribunal, a Minister of the Government of the Federation or a Commissioner of the Government of a State satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to the matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

5. Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty:

Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of providing particular facts.

6. Every person who is charged with a criminal offence shall be entitled to:

a. be informed promptly in the language that the understands and in detail of the nature of the offence

b. Be given adequate time and facilities for the preparation of his defence;

c. Defend himself in person by, legal practitioners of his own choice;

d. Examine, in person or by his legal practitioners, the witness called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witness called by the prosecution; and

e. Have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence.

7. When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any person authorized by him in that behalf shall be entitled to obtain copies of the judgment in the case within seven days of the conclusion of the case.

8. No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed.

9. No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as the offence save upon the order of a superior court.

10. No person who shows that he has been pardoned for a criminal offence shall again be tried for the offence.

11. No person who is tried of a criminal offence shall be compelled to give evidence at the trial.

12. Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law; and in this subsection, a written law refers to an Act of the National Assembly or a Law of State, any subsidiary legislation or instrument under the provisions of a law.

 

Read on: Introduction to Human Rights and Civil Liberties

Right to Private and Family Life

The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

 

Right to Freedom of thought, Consumer and Religion

1. Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.

2. No person attending any place of education shall be required to receive religious instruction or take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own or a religion not approved by his parent or guardian.

3. No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

4. Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.

 

Right of Freedom of Expression and the Press

1. Every person shall be entitled to freedom or expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

2. Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:

Provided that no person, other than the Government of the federation or of a State or any other person or body authorized by the President on the fulfillment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever.

3. Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society:

(a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephone, wireless broadcasting, television or the exhibition of cinematograph films; or

(b) Imposing restrictions upon persons holding office under the Government of the Federation or of a State, members of the armed forces of the Federation or members of the Nigeria Police Force or other Government security services or agencies established by law.

 

Right to Peaceful Assembly and Association

Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:

Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

 

Right to Movement

1. Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.

2. Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society –

(a) Imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

(b) Providing for the removal of any person from Nigeria to any other country to:

(i) Be tried outside Nigeria for any criminal offence, or

(ii) Undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:

Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

 

Right to Freedom from Discrimination

1. A citizen of Nigeria or a particular community, ethnic group, place, or origin, sex, religion or political opinion shall not, by reason only that he is such a person:

(a) be subjected either expressly, or in the practical application of any law in force in Nigeria or by any executive or administrative action of the government, to disabilities or restrictions to which citizens of the Nigeria of other communities, ethnic groups, places or origin, sex, religious or political opinions are not made subject: or

(b) Be accorded either expressly, or in the piratical application of, any law in force in Nigeria or by any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, place of origin, sex, religious or political opinions.

2. No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

3. Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or a member of the Nigeria Police Force or to an office in the service of a body corporate established directly by any law in force in Nigeria.

 

Right to Acquire and Own Immovable Property anywhere in Nigeria

Subject to the provisions of this Constitution, every citizen of Nigeria shall have the rights to acquire and own immovable property anywhere in Nigeria.

1. No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purpose prescribed by law, among other things-

(a) Requires the prompt payment of compensation therefor; and

(b) Gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.

2. Nothing in subsection (1) of this section shall be construed as affecting any general law:

(a) For the imposition or enforcement of any tax, rate or duty;

(b) For the imposition of penalties or forfeitures for the breach of any law, whether under civil process or after conviction for an offence;

(c) Relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts;

(d) Relating to the vesting and administration of the property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased persons, and of unincorporated bodies in the course of being wound-up;

(e) Relating to the execution of judgments or orders of court;

(f) Providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals;

(g) Relating to enemy property;

(h) Relating to trust and trustees;

(i) Relating to limitation of actions;

(j) Relating to property vested in bodies corporate directly established by any law in force in Nigeria;

(k) Relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry;

(l) Providing for the carrying out of work on land for the purpose of soil-conservation; or

(m) subject to prompt payment of compensation for damage to buildings, economic, trees or crops, providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities.

3. Notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be him to engage the services of a legal practitioners prosecute him claim, and  For ensuring that allegations of infringement of such rights are substantial and the for financial or legal aid is real.

 

Also read: Human Rights in Pre-Modern Times

Conclusion on what are the 10 Fundamental Rights?

The position of chapter 4 in the 1999 constitution in Nigeria is of immeasurable importance. Domestic application of these Laws is an index for measuring how civilized a country is and it requires a good Judiciary to enforce these rights and so set the pace for the happiness and orderliness of society

If you have comprehended this article, you should now be able to explain what fundamental human rights provisions are under chapter 4 of the 1999 constitution and the attitude of Nigeria court to fundamental human Rights provisions.