These are right naturally accruable
to every person by virtue of his/her existence as a human being. The following
as fundamental rights.
The constitution right include:
The later rights are however non-justice-able, that is these set of rights are not enforceable in the court. They are aspirations attainable if and when the state has the resources. However, the commission believes the two sets of right are both fundamental and complementary. For instance to move in the first place or what is right to life without any gainful employment or food to sustain economic social and cultural right to fundamental rights. A submission to this effect was made to the joint national assembly and presidential committee on the review of the 1999 constitution.
4. Right to fair hearing: In the determination of person’s civil right and obligations against any person, government or authority. He/she is entitled to a court established by law and constituted in a manner to secure its independence impartiality.
Any person charged with a criminal offence is presumed innocent until proved quite. Such a persons is also entitled to;
The court shall keep proper record of the proceeding and maker obtainable by the accused person or anyone authorized by him. No one shall be tried twice for the same offence and anyone pardoned shall not be tried for the same offence against.
* Right to life
* Right to dignity of human persons
* Right to personal liberty
* Right to fair hearing
* Right to compensation for property
compulsorily acquired
* Right to private and family life
* Right to freedom of thought conscience
and religion
* Right to freedom of expression
* Right to peaceful assembly and
association
* Right to freedom of movement
* Right
to freedom from discrimination on the grounds of ethane group, place of origin,
circumstance of birth, sex, religion or political opines
The constitution right include:
(i) Free and compulsory education
(ii) Adequate health care gainful employment
(iii) Shelter
food e.t.c the former are justice-able right, i.e citizens could so to court to
enforce them if denied.
The later rights are however non-justice-able, that is these set of rights are not enforceable in the court. They are aspirations attainable if and when the state has the resources. However, the commission believes the two sets of right are both fundamental and complementary. For instance to move in the first place or what is right to life without any gainful employment or food to sustain economic social and cultural right to fundamental rights. A submission to this effect was made to the joint national assembly and presidential committee on the review of the 1999 constitution.
BASIC RIGHTS UNDER THE 1999 CONSTITUTION
FOR THE FEDERAL REPUBLIC OF NIGERIA (CFRN)
Right
of Nigerians to include the following
1. Right of Life: Everyone has an inviolable right to life. No
one may be deprived of life except for the defence of any person or property,
or suppression of riot, mutiny or insurrection. Where any person’s life is
unlawfully taken, it is extra judicial killing. The culprit must be prosecuted
while the surviving victims are entitled to apology and compensation. The NHRC
treats many complaints of this nature. It help to ensure prosecution of
offenders through the attorney General of police.
2. Right to Dignity of Human Person:
Every
person is entitled to the dignity his/her person and no one shall be subjected
to fortune, inhuman or degrading treatment. Flogging or beating of any person
by another for any reason is unconstitutional. Any form of torture by any means
is unlawful. The commission encourages victims of torture to promptly report
such incidents to the appropriate quarters, if it is possible a hospital treatment on record should be obtained as
well as photograph of the evidence, of torture. This is because it may be
difficult to establish torture or degrading treatment once the wounds
conflicted have healed with time. It is hoped that responsible organization or
agencies will assist to stamp out the occurrence. The commission has received
numerous complaints about torture.
Victims
of torture, inhuman or degrading treatment must not keep quiet so that the
culprits might be brought to book. Under this section of the constitution on
one shall be hold in slavery or servitude nor shall any one be required to
perform forced or compulsory labour. The only exception is in circumstances
allowed by the constitution.
3. Right to personal liberty:
Every
person is entitled to personal liberty. A person may only be deprived of
his/her liberty in execution of a court sentence for a criminal offence for
which he/she has been tried and convicted no person below the age of 18 shall
be detained in prison custody.
Any
person who is arrested on suspicion of having committed an offence has the
right to
* Remain silent until after consulting a
lawyer
* Be
informed in writing within twenty-four hours
that is one day of the fact and grounds of his arrest or detention.
* Be
brought or trial within a reasonable time. This is times not more than 48
hours. Where a person is unlawful arrested, the person shall be entitled to compensation. And aplogy form
the violator.
No
one is to pay any sum of money to any person or authority for the grant of
bail. Bail is free. The surety sum is not for payment it only become relevant
if the person granted bail jumps bail. Any person who has had his/her right
violated in any enumerated must contain sufficient particulars to enable
commission take prompt action.
4. Right to fair hearing: In the determination of person’s civil right and obligations against any person, government or authority. He/she is entitled to a court established by law and constituted in a manner to secure its independence impartiality.
The exercise of this right includes;
* Right to be represented by a cowed of
one’s choice.
* Right to appeal to higher court or
authority
* The proceedings shall be held in pubic
in day time
Any person charged with a criminal offence is presumed innocent until proved quite. Such a persons is also entitled to;
* Be informed
in a language he understand the detail nature of his offence
* Be given adequate time to prepare his
defence and
* Defend
himself in a person or though a lawyer of his choice.
* Examine
or cross-examine witness or call witnesses in his own defence.
* An interpreter, where necessary
The court shall keep proper record of the proceeding and maker obtainable by the accused person or anyone authorized by him. No one shall be tried twice for the same offence and anyone pardoned shall not be tried for the same offence against.
5. Right to private and family life:
Citizens have right to privacy of themselves. Their
homes
correspondence, telephone and telegraphic
communication.
A
violation of this right amounts to invasion of privacy. Remedies can be pursued
either in the court or through the commission.
6. Right of freedom of thought, conscience and
religion:
Every person is entitled of freedom of though
conscience and religion including to change his belief or religion. You can
exercise this freedom either public. No person attending an educational
institution shall be required to take religions instruction, take part in or
attend religious ceremonies or observation of a religion not his own. Religious
ceremonies or observation of a to provide instructions for their pupils.
However, there is no right to farm or take part in the activities of a secret
society or cult.
7. Right
to peaceful assembly and association: Everyone has the right to peaceful
assembly and association. You can assembly freely and associate with others.
You may form or belong to a political party, trade union or any other
association for the protection of your interests. Again, this does not give the
right to form belong to and or participate in a secret society or cult.
8. Right
to freedom of expression:
Right to freedom of expression and the press is very
fundamental to the sustenance of democracy. Everyone is exited to hold opinion
and receive and impart ideas and information without interference. You can own
establish and operate newspapers, radio or and opinions. This must however be
dozen with respect to the reputation of others and the law against libel and
defamation.
9. Right
of freedom of movement:
Everyone
has the right to freedom of movement throughout Nigeria and to reside in any
part of the country. No citizen of Nigeria shall be expelled or refused entry
or exit from the country. A few exception must be observed so that the privacy
of person or property of others is not rioted.
10. Right
of freedom from discrimination:
No
citizen of Nigeria shall be discriminated against an the basis of his
community, ethnic group place of origin, sex, religion or political opinion. No
one shall be subjected to any disability no ant or a combination of these
factors,.