Right to freedom from discrimination
is provided by section 42 of the 1999 constitution. Indeed, under the framework
of the rule of law, equality of individuals before the law is emphasized. The
constitution frowns on both discriminatory and preferential treatment of the
Nigeria citizen in preference to another Nigeria citizen. It emphasizes that
the people of the multifarious ethnic and heterogeneous groups that constitute
the nation must live together and vigorously interact to produce a healthy and
virile nation.
The
provision of section 42 (1) (a) of the 1999 constitution, states that: a
citizen of Nigeria shall not be subjected to any disabilities or restriction,
expressly or in the application of any law or any executive or administrative
action of the government just because he is such a person, be subjected to
disabilities or restriction to which citizens of Nigeria of other communities
either groups, place of origin, sex, religions or political opinions are not
subjected. In the same vein, section 42(1) (b) stated that a citizen of Nigeria
shall not be accorded any privilege or advantage that is not accorded to
citizens of Nigeria of other communities, ethnic groups, and place of origin,
sex, religion or political opinion.
In the sad but interesting case of BADEJO V. MINISTER OF EDUCATION, an
11year old primary school pupil sued the federal government through her father
for discriminating against her in the common entrance examination to unity
school due to different cut – off marks for various states in the country. She
claimed that she was denied admission while some students who scored less marks
but were in same so called educationally disadvantaged states were given
admission. The high court wrongly held that she had no locus standing to
institute the action. On appeal, the court of appeal ruled in her favour
stating that she had locus standing to bring the suit even though the subject
matter of the case had been over taken place and studies resumed.
The
right to freedom from discrimination is curtailed by the requirement of section
42 (3) that “ nothing in sub section (1) of this section shall invalidate any
law by reason only that the law imposes restriction with respect to the
appointment of any person to any office under the state or as a member of the
armed force 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.” Significantly, under section 42 (2) of the 1999
constitution, no citizen of Nigeria shall be subjected to any disability or
deprivation merely by reason of the circumstances of his birth.
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