Life to every living soul is all that
matters. Fundamental human rights can only exist if human life is protected.
This sanctity of human life is as such recognized and guaranteed under section
33 of the 1999 constitution which provides that:
"every person has a 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 offense of which he has been found
guilty in Nigeria"
Based on this provision of the
constitution, it is apparent that extra-judicial killings, that is any killing
not permitted or authorized by the constitution or law, whether by government
or private agencies, including ethnic militia or vigilante groups are unlawful
and unconstitutional. The supreme court in the celebrated case of BELLO
V. ATTORNEY GENERAL OF OYO STATE10 depreciated and condemned the shameful breach of the
constitutional right to
life of the appellant who was executed for armed robbery while the appeal he
filed against his conviction and sentence was pending. The apex court held that
his fundamental right to life was infringed and relied upon the Latin maxim
“ubi jus ibi remedium” and awarded damages in favour of the dependant of the
deceased.
However, the issue of right to life
in Nigeria is not entirely absolute even though it is to be protected and
respected every now and then. The supreme court in the case of PETER NEMI AND
ORS V. THE STATE,11 held that by the provision of section 30 of the
1979 constitution which is inpari material with the provision of section 33 of
the 1999 constitution, imposition of death sentence by a court ofscompetent
jurisdiction is not unlawful and that the supreme court is not vested with
original jurisdiction to stop the executive form carrying out the execution of
death sentence.
The
circumstances where the right to life can be derogated may be found in section
33(2) of the 1999 constitution which state that a person shall not be regarded
as having been deprived of his life 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
reasonable necessary:
a.
for
the defense of any person from unlawful violence or for the defense of
property.
b.
In
order to effect a lawful arrest or to
prevent the escape of a person lawfully detained; or
c.
For
the purpose of suppressing a riot, insurrection or mutiny.
Again, and in addition to this,
section 45(2) of the 1999 constitution provides that any death resulting from
war is not considered a derogation of the right to life. Except in these stated
circumstance, the right to life must be respected and protected since life is
the basis of human existence. For one to enjoy the right to life, and indeed
other rights, the person must be living and not dead.
The
right to life is as such sacrosanct and sanctimonious. Hence, euthanasia or
mercy killing is not allowed. A person is as well not authorized to commit
suicide or take his own life. The Supreme Court in the case of ONUOHA
KALU V. THE STATE12 determined with finality that the
express and direct implication of the provision of section 30 of the 1979
constitution, which is inpari materia with the provision of section 33 of the
1999 constitution, is that death sentence is part of Nigeria law and no
unconstitutional.
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