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| HUMAN RIGHT AND ITS IMPACT MON THE RULE OF LAW IN EMERGING DEMOCRACIES: NIGERIA'S EXAMPLE |
 PRINTABLE VERSION |
There can be no genuine democracy without human empowerment, accountability and popular participation. For democracy to thrive and survive in Nigeria and Africa, human rights must be protected enforced, and guaranteed.
Indeed, the beauty of democracy especially in a presidential system of government is the deliberate determination to ensure good governance in the polity. Good governance on its part implies the safeguard of equity and fair play in the protection of the liberty of the citizenry, individually and corporately. This is a function of the co existence, co-exerting and co-functioning of the tripartite statutory organs of government. These organs of government are the executive the legislature and the Judiciary. The judiciary is generally referred to as the arm of government statutorily saddled with the role of interpreting the law of the state. The need for the judiciary is founded upon the doctrine of separation of powers, the rule of law and protection of the fundamental human rights of citizens in a representative government like ours today; hence the judiciary is described as the last hope of the common man. S.6 of the extant constitution vests the judicial power in the court both at federal and state levels.
The primary duty of the court especially or the administration of justice is to receive, hear and determine each case that is brought before it in accordance with the provisions of the applicable laws, irrespective of the personality involved. Since 1999, the Judiciary has been alive to its duty, particularly at the Supreme Court. However, Nigerians were shocked, when an Abuja magistrate court ordered the arrest of Nigeria Labour Congress (NLC) leaders for alleged, picketing exercise by labour to ensure the implementation of the agreement reached between the labour and state governors on the price of petroleum products in the country. Similarly, in 2004 Justice Olokoro of an Ikorodu High Court sitting in Lagos summoned top government officials and human right activists to appear before him. The court made the order following an application by the NBA Ikorodu branch to invite them as amicus curie to address the court in the enforcement of the fundamental rights of 350 applicants, who were arrested and detained from between four to eleven years without trial at Kirikiri prison, Lagos for various offences.
To ensure that the judiciary live up to its billings of enforcing human rights, the constitution must ensure its total independence; sound persons should be appointed to the judiciary; improved condition of service and improved equipment and facilities should be provided; constant training of judicial officers should be carried out. Etc. Also, to facilitate efficient and prompt enforcement of human rights, judicial interpretation should be value oriented 19.
The Human Rights Commission, although established20 during the military era is a major milestone in the annals of the development of human rights in Nigeria. Its core aim is to create an enabling environment for extra judicial recognition, promotion and enforcement of human right thereby facilitating the government’s implementation of its human right treaty obligation and providing a framework for public enlightenment and dialogue on human rights, thereby reducing the incidence of controversy and confrontation. The commission is empowered to deal with all matter relating to the protection of human rights as provided by the constitution of the Federal Republic of Nigeria, and other international treaties to which Nigeria is signatory to. The commission no doubt has recorded giant strides in the more prominent task of instituting a national culture of protection, promotion and respect for human rights.
The role of Non Governmental Organizations (NGO) in enlightening the public on their rights, its attendant breaches by government agencies (chiefly amongst which is the police) and the means of seeking redress cannot be overemphasized. NGO’s are organization whose funds are totally independent of government sources. By their nature NGO’s are independent of government funds, and this has encouraged neutrality in carrying out of their duties without fear or favour.
Further, Human Rights Organization plays a significant role in the development of the rule of law. Such organization like the Civil Liberties Organization (CLO) established in 1978, Constitutional Right Project (CRP); National Association of Democratic Lawyers (NADL); Committee for the Defence of Human Rights (CDHR) etc, have helped in areas like exposure of human rights violations, humanitarian assistance to victims of human rights violations, information, education and conscientization of the people.
Democracy demands complete protection of human rights of the citizens. Limitation for the enjoyment and enforcement should only be imposed by the judiciary by restrictive measures and machinery which exists through redress in courts in the event of breach. The rule of law will prevent arbitrariness and anarchy.
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Writer Profile
umeche, chinedum ikenna
CHINEDUM UMECHE is a Barrister and Solicitor of the Supreme Court of Nigeria. He is a memeber of Amnesty International, London and The Young International Arbitration Group of the London Court of International Arbitration. He currently works with G. E. Ezomo and Co, a law firm in Benin City, Edo state, Nigeria.
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Comments
Human Right - Non-existent in Nigeria Jerry | Nov 9th, 2006
As far as i am concerned, the rights of individuals in Nigeria are not guaranteed. The rule of law also is not being observed. And our emerging democracy is dying at such a tender begining. There are so many examples that we can site. Two days ago, i was watching a News posting on AIT and behold, i saw 4 police men brutally hitting a 'poor civilian' for attempting to disrupt an election. We also have several cases, we have the case of ASARI DOKUBO, who has been held for no right justification over alleged militarisation of youths in the Niger Delta and other related activities carried out by the group; we have the recent rulings of the National Assembly, Courts and law makers over rulership and governorship in Anambra State, Plateau State and Ekiti State. These few examples, definitely highlights that in Nigeria, the law is not followed and the rights of people as contained in the Constitution is not respected, talk less of our nascent democracy growing. What a Folly?
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