Nigeria’s civil rights come from two main sources: Chapter IV of the 1999 Constitution (fundamental rights enforceable in court) and international human rights instruments Nigeria has signed, like the Universal Declaration of Human Rights and the African Charter.
Civil/Fundamental Rights in the 1999 Nigerian Constitution
Chapter IV, Sections 33–46, lists rights that every person in Nigeria can claim:
. Right to Life – Sec 33. No one shall be intentionally deprived of life, except in execution of a court sentence
. Right to Dignity of Human Person – Sec 34. Protects against torture, inhuman/degrading treatment, slavery, servitude, and forced labour
Right to Personal Liberty – Sec 35. Protection from arbitrary arrest/detention
- Right to Fair Hearing – Sec 36. Independent, impartial court within reasonable time; presumed innocent; informed of charges; adequate time to prepare defence; lawyer of choice
Right to Private and Family Life – Sec 37. Privacy of home, correspondence, telephone
Right to Freedom of Thought, Conscience and Religion – Sec 38. Freedom to change religion/belief and to manifest it in worship, teaching, practice
Right to Freedom of Expression and the Press – Sec 39. Hold opinions, receive/impart ideas without interference 8. Right to Peaceful Assembly and Association – Sec 40. Form or belong to political parties, trade unions, other associations
. Right to Freedom of Movement – Sec 41. Move freely throughout Nigeria, reside anywhere
. Right to Freedom from Discrimination – Sec 42. No discrimination by community, ethnic group, place of origin, sex, religion, or political opinion
Right to Acquire and Own Immovable Property – Sec 43. Anywhere in Nigeria
. Compulsory Acquisition of Property – Sec 44. Government can take property only for public purpose with prompt compensation
. Restriction on and Derogation from Fundamental Rights – Sec 45. Rights in Secs 37-41 can be limited by laws reasonably justifiable in a democratic society for defence, public safety, order, morality, health, or to protect others’ rights
. Special Jurisdiction & Legal Aid – Sec 46. Any person who alleges a right has been, is being, or will be breached may apply to High Court for redress
These Chapter IV rights are “justiciable” – you can sue in court if they’re violated.
Chapter II contains socio-economic goals like education, housing, and work, but those are “non-justiciable” – they guide government policy but you generally can’t enforce them in court.
International Human Rights Provisions Nigeria Recognizes
Nigeria is bound by several treaties and declarations that expand these civil rights:
Universal Declaration of Human Rights (UDHR) – 30 articles
Nigeria aligns with UDHR principles. Key civil/political ones include:
- Equality before the law; equal protection without discrimination
- Effective remedy by national tribunals for rights violations
- Right to life, liberty, security of person
- Freedom from torture, arbitrary arrest, exile
- Fair and public hearing by independent tribunal
- Freedom of thought, conscience, religion, opinion, expression, peaceful assembly, association, movement
. International Covenant on Civil and Political Rights (ICCPR)
Nigeria ratified it. Adds: right to self-determination, prohibition of propaganda for war, rights of minorities, due process in criminal cases.
. African Charter on Human and Peoples’ Rights
As part of the African Union, Nigeria recognizes:
- Individual and collective rights
- Peoples’ rights to development, peace, environment
- Duties of individuals to family, society, state
Other treaties
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- Convention on the Rights of the Child (CRC) – rights to name, development, freedom of association, thought, religion, movement, dignity, leisure
- Convention Against Torture How they work together
. Constitution = primary law: Chapter IV rights apply to everyone in Nigeria, citizens and non-citizens. Some rights like property and free speech are for citizens only.
. International law = standard: Nigeria’s courts interpret constitutional rights in line with treaties it has ratified. If a Nigerian law conflicts, the Constitution prevails, but international norms guide interpretation.
Enforcement: You can file a Fundamental Rights Enforcement Procedure in a High Court under Sec 46.
Limitations: Most rights aren’t absolute. Sec 45 allows restrictions for public safety, order, health, defence, or protecting others’ rights. During emergencies, some derogations are permitted.
– Benjamin Ibrahim writes from Lokoja, Kogi state.
+2348069596250
