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| HUMAN RIGHT AND ITS IMPACT MON THE RULE OF LAW IN EMERGING DEMOCRACIES: NIGERIA'S EXAMPLE |
 PRINTABLE VERSION |
The community and its member states draw particular attention to the universality and indivisibility of human rights and the obligation of all states to respect them. They stress the important role of development assistance in promoting both economic, social and cultural rights as well as civil and political liberties by means of representative democratic government based on respect of human rights”9
It is not in doubt that the United Nations has performed creditably in the area of standard setting in the protection and promotion of human rights globally. Between 1948, when the Universal Declarations of human rights, the first concise and comprehensive human right instrument was adopted and now, the world has indeed witnessed a plethora of Covenants, Conventions, Declarations Principles and Standard not only proclaiming, but also protecting and promoting human right both at the world wide level and the African Continent.
Sadly, the world body has not been hundred percent successful in the area of implementing and creating the desired awareness for these human rights instrument. Nigeria has signed and ratified a lot of these instruments, but they are hardly enforced locally in our courts. Of course, the legal status of the International Instruments in our local courts varies. Declarations and principles for instance have no binding effect, and it has been argued that they undoubtedly have moral and political force and provide practical guidance to the states in their conduct.
The election of a democratic government in Nigeria Six years ago was a beginning of a new era - the building of a Nigeria founded or democratic value, social justice, fundamental human rights and the rule of law. The government was fast to realize that Nigeria having been a beneficiary of the international community’s insistence on a regime based on human right and democratic principles, It was imperative to ensure that all her people are able to enjoy all the human right provided for in the constitution and in the international and regional human right instrument that she have signed or ratified. The reason for the new commitment was not for fetched. Nigeria had just emerged from a 16 year period of military rule, and it is agreed that human right under military regime is an aberration 10.
The government therefore set up a NATIONAL ACTION PLAN for the promotion and protection of human fight (NAP) which was its response to the recommendation of the Vienna Declaration and Programme of Action.
For an International Instrument to be binding in Nigeria, It must have been by virtue of S.12 (1)11 enacted into law by the National Assembly. Nigeria has only domesticated the African Charter on Human and People Right.12. The implication of this according to the Supreme Court or the case of Ogudu v the State13 is that Nigeria has adopted the African Charter as part of her municipal Law and the provisions of the Charter covering economic, social and cultural rights are enforceable in Nigeria as chapter four of the constitution. Aside this, what will be the position of other International Covenant e.g. Int’l Convention on Economic, Social and Cultural Right (ICESCR). The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) etc? These conventions although ratified by Nigeria are as yet to be domesticated. The effect will be that they are only morally binding and cannot be enforced in our courts.
In the case of Gani Fawehinmi v Abacha14, the court was of the view that no decree precludes Nigerian courts from adjudicating cases complaining about violations against the African Charter which is protected by Int’l law. Similarly, in Oshevire V British Caledonain Airways 15, the court of appeal held that “it is useful to appreciate that an International agreement embodied in a covenant or treaty is autonomous of the municipal laws of contracting states as the contracting parties have submitted themselves to be bound by its provisions which are therefore above domestic legislation. Thus any domestic legislation which is in conflict with the convention is void.
Democracy is a bed fellow of civilian rule. The hallmarks of a civilian rule is the consent of the people which is epitomized in the constitution as agreed by them and under which everybody irrespective of rank must be subjected. In Nigeria, as in other democratic states worldwide, the constitution is the supreme law of the Land. 16.
An insufferable relationship exists between human rights and democracy and in order to protect, preserve and guarantee these rights, they are entrenched in the constitution17, which is the supreme law within the polity.
These rights so far guaranteed have helped to check the excesses on the exercise of political power and has also focused the attention of government on the individual rights and fundamental freedoms as the basis for democratic governance and attainment of social order 18.
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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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