Of what need would it be for one to
talk about the relevance of judiciary in our democratic system without
reference to its commendable roles on the aspect of Fundamental Human Rights.
Undoubtedly, a skip of them (Human Rights) would appear like a soup spiced with
all the ingredients in exception of SALT that brings out the taste of the
pudding.
Naturally
and legally speaking, the issue of Human Rights, both in our immediate homes,
country and even in the wider world, has been a child of necessity. But before
delving into this properly, a critical look at some of the definitions given by
renowned legal authors and in some decided cases on what right is will be
important.
Indeed,
the protection of individual rights is an integral and essential part of
majority rule which is the essence of democracy. But quite unfortunate that
these rights are paid little or no regard by the majority under our democratic
system of government. Significantly, Judiciary has for a very number of times
stepped up to the challenge of making sure that individual rights are protected
and accorded due respect in accordance with the Constitution. Hence, the
general notion that Judiciary is the last hope for the common man.
According
to our own Cicero, Justice Oputa, he defines “right as follows:
“A
right in its most general sense is either the liberty (protected by law) of
acting or abstaining from acting in a certain manner, or the power (enforced by
law) of compelling a specific person to do or abstain from doing a particular
thing. A legal right is thus the capacity residing one man of controlling, with
the assent and assistance of the state, the action of others. It follows then
that every right involves a person invested with the right, or the person entitled;
a person or persons whom that right imposes a correlative duty or obligation;
an act of forbearance which is the subject mater of the right, and in some cases
an object, that is , a person or thing to which the right has reference, as in
the case of ownership. A right therefore is in general, a well-founded claim,
and when a given claim is recognized by the civil law, it becomes an
acknowledged claim or legal right enforceable by the power of the state”[1].
In Afolayan v. Ogunride and Ors[2],
it was held that a right is an interest recognized and protected by the law. In
Uwaifo
V. A.G. Bendel State and Ors[3],
the Supreme Court held that a legal right is any advantage or benefit conferred
upon a person by a right of law.
Also,
The Black’s Law Dictionary, Eighth Edition[4],
defines “right” as that which is proper under law, morality, or ethics.
Something that is due to a person by just claim, legal guarantee, or moral
principles.
Therefore,
from the definition so far given concerning rights or human rights, it is now
apparent to say that human right are those rights, which are featuristic of, or
common to human beings.
Again,
the above dictionary[5]
defines human rights as the freedoms, immunities, and benefits that, according
to modern values (especially at an international level); all human beings
should be able to claim as a matter of right in the society in which they live.
In
his book- “Human Right law and practice in Nigeria”[6], Dr
Okpara Okpara, say: “the concept of human rights arises from the intrinsic
nature of man. He is a human being endowed by God with certain inalienable
rights. Because of his inviolable nature he cannot be used as a means to other
ends. As a human person he stands free as end unto himself in this regard. As a
complete whole, he alone is sound, as he stands, responsible for his actions.
He is equal to his next- door neighbor or any person anywhere in the world.”
Cranston[7]
gave what many people regard as a better definition of human rights when he
wrote that:
Human
Rights are something of which no one may
Be deprived without a great affront to justice. There
Are certain deeds which should never be invaded,
Something which are supremely sacred.
Also Professor Eze O. defines human
rights:
As representing demand or claim which
individuals or groups make on society, some of which are protected by law and
have become part of lex lata while others remain aspirations to be attained in
the future[8].
From the position of professor Eze, “human right, are of prime concern in every
legal system.” they cover claims, some of which are justifiable under the law.
That is, right is only right in law because it is recognized and protected as
such by the legal system. Either the law gives you right or you don’t have it
because the law denies you of it. Prof. Eze says that some other rights cannot
be enforced because they are more aspirations to be realized in future; but at
the present time they cannot be justifiable under the law.
The United Nations in 1987 described
human rights as follows:
Human
rights could be generally defined as those rights, which are inherent in our
nature and without which; we cannot function as human beings.
In Ransom Kuti v. Attorney-General
of the Federation[9].
The Supreme Court stated that a human right is a right which stands above the
ordinary laws of the land and which is in fact antecedent to the political
society itself. It is a primary condition to a civilized existence, and what
has been done by our constitution. Since independence is to have these rights
enshrined in the constitution so that the right could be “immutable” to the
extent of the non-immutability of the
constitution itself”
The
case of ransom (supra) brought to the fore the fact that fundamental human
right goes to the root of human life, and so, should prevail over very other
principle of the human society. Indeed, our judiciary has in a very excellent
manner treated the issues in regard to fundament human rights with utmost
sincerity.
The judiciary, right from the time it
manifested in the nations of the world, has been the only organ of government
vested with power to guard against
many infractions to the fundamental
human rights by the leaders n any country of the world against the masses.
In
Nigeria, the story is not different, as credence has been given to these issue
i.e. fundamental human rights. Interestingly, the 1999 constitution which
became operational in may, 29, 1999 contains a host of the old fundamental
rights recognized under the 1960, 1963,1979 and even the botched 1989 constitutions
as well as the novel safeguard as to the right of the Nigerian citizen to
acquire and own immovable property any where in Nigeria, there is no gain
saying the fact that from 1960 independence constitution till date, the Nigeria
political landscape contains a number of constitutional safeguard of
fundamental rights and freedoms. It is believed that with the bundle of
economic, social and cultural rights espoused in the African charted on human
and peoples’ rights forming part of Nigeria law (corpus Nigerian), that there
will be a holistic enjoyment of these rights in this millennium and thereafter
Obaiaraeri, Nnamdi Onyeka.
In
our own current constitution, which is the 1999 constitution of the federal
republic of Nigeria, these fundamental human
rights are contain in chapter iv, and are justifiable. The
justifiability implies that they are judicially enforceable. The means, any
body whose right or who feels that his/her fundamental right have been trampled
upon, either by government, corporate bodies, fellow citizens or any legally
established personality, can easily go to court and seek redress.
These fundamental human rights,
contained in chapter iv of the 1999 constitution shall be treated in seriatim
for better appreciation:
Know Your Rights In Nigeria
[1] Hon.
Justice Oputa, C. A.; Human Rights In The Political And Legal Culture Of
Nigeria, 2nd Idigbe Memorial Lectures, Nigerian Law Publication Ltd;
Lagos, 1989, Pp, 38-39
[2] (1990)1
NWLR (PT. 127)369 at 391
[3] (1990)1
NWLR (PT. 127)369 at 391
[4] The Black’s
Law Dictionary, Eighth Edition, Edited By Bryan A. Garner, P.1347.
[5] The
Black’s Law Dictionary, Eighth Edition, Edited By Bryan A. Garner, P.758.
[6] Human
Right Law & Practice In Nigeria.
By Okpara Okpara Vol.1.
[7] Human
Rights: Real And Supposed: In Raphael (Ed). Political Theory And The Rights Of
Man, Bloomington,
1967, P. 52
[8] Human
Right In Africa:
Selected Problems, Lagos
Macmillan, 1984, P.5.
[9](1985)
8NWLR(Pt.6)211. Per Kayode Eso JSC.